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3-6-1990 Hastings Law News Vol.23 No.8 UC Hastings College of the Law

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San Francisco, California March 6,1990 \'ollune 23, Nlunber Student Director Franklin Delivers Tobriner Lecture Bill Introduced Channell Confirmation Clears Way for New Hastings Legislation Lempert, Willard Murray, Jack O'Connell, Jackie Speier, and John VasconceUos. Thcbillexpand the Il.eofthe Hastings Board from II to 12 director to include the student director, who would be elected by a vote of the tudent body during Its pring election. The student director would serve as a full voungdircctor for a one· year term be Olmng June I of the year in which h or he was elected. The bIll also adds two student representauves to the California Po t· ccondary Edu 3110n Com· Pooron J Q mi ion, nd add a tudent Profes or John Hope Franklin, Dean Frank T. Read, the Honorable Robert F. PeckluJm, and mem her Lo the board of governors California Supreme Court Associate Justice Allen E. BrOUHard all poke at the StI'tnih Annual ofth California 1aritime Acad· Mathew O. Tobrintr ｉｾｃｬｕｲｴＮ＠ Set Story on page 16. emy As embly Speaker Willie Brown and A semhlyman Ru ty Are las, strong upporters of a ASH Inaction Leaves previou. bill to crcaLe a Hasungs tudent director po ition, will upport the current legislation, a cordmg to mcmbers of their S tudents Unrepresented taff. The previous legi lalion, a bill Student Fees Unaccounted for and Major Committees introduced during last ycat' 1 g. i lati vc se. -ion, was approved by Left Unfilled Since Beginning of School Year IOtro- thc legt lature in September, but ub cquently VCIQe{\ by the Gov. By Chri tina A. Dalton latcmtheyear,"heS31d. MIChaels, Bursh told thcLawNnvs that "as ernor for reason unrelated to the CoPY Eorro who applied for committee far as Ilnow, there arc no vacan· bill' tudelll director provi ion . James P. Ballantine membership last fall, S31d he had cies on any commlllee .. .and ev· COUl'-tokenism ," B ursh Critical Legal tudlCS ..... 1 mitlW are responsible in large Board or the administration or the ments, which are tractiuonally taled thaI" udent faculty com· for ruMing Hasting ... faculty. pan made early in the fall semester, to mlUees as a whole often are not The announcement came as a FEATURES SImoni refused to teU the Law upersonai and natu.ra.I disaslerS" supporuve of udenu ." The surprise to 811 t one appointee: Dexter', Advmtures ...... 6 ..... , .... s whether or not he had been hich Bursh said had created Committee sometimes "don't Medea Review __ .... __ ._... 6 "ed for comment on his ap- conducting any lobbying scm"i· ucommunication problems." really matlet," he tated. pointment!O the faculty· tudent College (W)hoops ...... 7 tie to change the ,tudent dI.rector Dated March 5, the missive tandated by both the ASH Chnical CommIttee, thlrd·)ear The Hunt is Off ... _...... bill on behalf or behest of the came a day after ASH PresIdent ConstiWtiOll and the Hasting student Andy • fichael !Old the CoUege. Phy Ills B ursh and ASH Treasurer College Bylaws, the school's Law ,\'"",s that he had not real- OPINIONS Sunoni I . with the Sacramento Ja'T!dJeBeIl ereapproachedby committee ystem includes a Ized that the 1arch 5 memo 10- lobbymg fmn of Califorrua Ad· LawNnvs staff for comments on minimum of eightswdent·faculty Preemption Doctrine ...... 13 volved him. "I assumed it (the Minors Have RighlS .... _ 14 vocates, w hic h annually oollects delays by the student government panels responsible for policy memo) was about appolntmCllts over $600,000 in fees from repre. in making appomtments to the decisions in key areas such as Homosexual Rights ...... 14 for next semester, Slnce it is so comm I ll.eeS. On that occasion, Colllilcwtl Oil Pllft 17 Page 2 Hastings Law News March 6,1990 Public Interest Students SLAP Long-Winded Lawyers Go the Happy Over Loan Amnesty Distance in Race for Justice rently have loan forgiveness pro- By Joe Vadala By Andy Michael and grams: the University of Chicago, PRoDUcnON EDITOR Susanna Pollak Columbia, Cornell, Georgetown, Over 150 runners turned out STAFF WRITERS Harvard, Michigan, NYU, Stan- for Hastings' first annual ford, USC and Yalearejustafew. Are you up to your eyeballs in Founder's Day Run for Justice, SLAP will enable more Hastings debt? Are you irresistibly drawn raising over twelve hundred dol- students to work for the commu- to public interest careers which lars for needy children in the nity when they graduate and will promise to vault you straight into Tenderloin. Sponsored by Phi help the school attract more first- heaven and bankruptcy at the same Delta Phi, the 5K run took place year applicants who hope to work time? Relax. Should you decide in Golden Gate Park on Saturday in the public interest to take that low-paying job, morning, Feb. 24. The runners, Movement toward loan for- Hastings may be able to help you almost all Hastings students, giveness has intensified recently, avoid debtors' priSQn. The solu- started the event at 9:00 a.m. with both at Hastings and throughout tion: SLAP. the first runner crossing the finish the state of California. Following SLAP is Hastings' newly line less than 18 minutes later. a January meeting between Dean adopted Student Loan Amnesty Said race organizer Chris Hol- Read and members ofthe Hastings Program. SLAP is designed to land, "Thanks to the beautiful Justice Won by a Nose . Student Loan Amnesty Project provide loan repayment assistance weather, the cooperation of the Lawyers are well-known (SLAP), it became clear that to qualifying Hastings graduates school administration, and the for their ability to blow Hastings is on the brink of begin- who work in the public interest at overwhelming support of the stu- hot air, but they can also ning its own loan forgiveness salaries below $30,000. dents, this has been a highly suc- suck it in, as program. The Dean noted that The good news: If you work cessful event. We look forward demonstrated by these there was approximately full-time, in law-related employ- to next year's race." erstwhile contestants in $ 150,000 left as an endowment to ment for a non-profit agency, the The first place fmisher of the the Race for Justice. Hastings that would create the government, or other qualifying race was a student from USF, initial base for a loan forgiveness public interest organization, Mert Howard, with a time of 17 program. Pending a review by SLAP may repay as much as 90% minutes and 48 seconds. Second Hastings General Counsel, the of your student loans per year - and third places were taken by Dean committed to meeting with including undergraduate loans. Robert Epstein and Niall Lynch, SLAP in March to begin nuts- The lower your salary, and the both second year Hastings stu- and-bolts planning for the loan longer you've held the job, the dents. The first woman to cross student body. By either running largest service is the Child Abuse forgiveness program. greater SLAP's assistance. Of the finish line was Patricia Story, in the race or purchasing T-shirts, Prevention Program, which Initially, two students will be course, the dollar amount of the a physical therapist Her time over one quarter of the school's helped over 6,000 families last selected to work with the Ad- awards also depends on how much was 18 minutes and 29 seconds. population supported the event year. through a 24-hour parental ministration to structure eligibil- money is in SLAP's coffers. Suzanne Seavello was the fust Following the race, donuts and crisis counseling phone line ity requirements in accordance The bad news: SLAPdoesnot female Hastings student to finish juices were donated by the (T ALKLINE), staffed by 60 vol- with the Board approved plan for cover judicial clerkships. Also, if at 23 minutes and 44 seconds. Hastings Volunteer Association, unteers. Of last years 6,000 call- loan forgiveness. Simultaneously, you are married, your "income" is Closely behind Suzanne was an organization comprised mostly ers, a thousand came from Ten- Hastings' legal staff will be clear- either one-half of your combined Hastings' own Dean Tom Read, of faculty spouses and alumni. derloin families. The Family ing the way to obtain the endow- incomes, or the higher of the two. completing the race in 24 minutes The proceeds from the race Service Agency also provides ment fund, which has been en- And, needless to say, if you have and 16 seconds. Also crossing will be donated to the Family other counseling services and tangled in probate proceedings. no student loans, this club doesn't the finish line were three dogs and Service Agency of San Francisco, childcare as well as a temporary Members of the SLAP com- wantyou.Sorry,SLAPcan'thelp one wheelchair. an organization dedicated to pro- shelter for children at a high risk mittee, headed by Debbie Kochan you payoff that car loan. The race was the culmination viding services and prevention of abuse or neglect. and Susanna Pollak, have been SLAP will be administered by of efforts by Phi Delta Phi, the programs for children at risk of speaking with the Financial Aid the College. Interested graduates Hastings administration, and the abuse or neglect. The agency's Office and other members of the will provide proofof employment, faculty and administration to income and tax status, and will prepare the way for Hastings' sign an agreement to report any Hastings Creates Innovative Land Loan Forgiveness Program. increase in income during the year. Throughout Northern Califor- Qualified applicants will receive nia, a wave of student action has Trust Information Exchange two disbursements per year, and been occurring on student loan will have to re-apply each year for their questions to the Land Trust forgiveness projects. On Febru- seeking innovative strategies to assistance. By JoAnne Dunee Alliance, which will funnel them ary 12, students from Santa Clara, preserve and protect natural re- Is this program really neces- STAFF WRITER sources. to the newly created Exchange. Golden Gate, Stanford, USF, sary? If you are an average Nonprofit conservation trusts Students writing for the newslet- Davis, and Hastings law schools Hastings student, you will leave A new joint venture between augment governmental agencies ter will hone their legal commu- met to discuss recent develop- here with about $20,000 in law Hastings and the Land Trust Alli- in providing legal protection to nication skills by researching mentsattheirschools. Santa Clara school student loans debts. ance, a national information clear- wetlands, forests, prairie grass- complex environmental issues and reported that its program would Combined with undergraduate inghouse' will provide students lands, endangered species habi- writing legal analysis in layman' s probably begin by the fall of 1990. debts, you will probably owe with an opportunity to address tats, and additional otherwise terms. These will aid both law- At Davis, the students have been closer to $30,000. If you take a legal issues currently faced by unprotected niches. A variety of yers and non-lawyers working in gathering faculty and administra- public interest job, you will most conservation land trusts around legal mechanisms are usr.d to thefield. Academiccreditthrough tion support for a SLAP-style likely earn between $15,000 and the country. The joint venture is provide this protection, including independent study will also be forgiveness plan. A recent Davis $28,000 per year. The monthly the innovation ofProfessors Brian conservation easements, land available to students who work proposal to use part of the fees loan payment on your debt will be Gray and Bill Hutton, and has donations, and back-to-back pur- with the joint venture. paid to law firms interviewing on around $400. After taxes and been named the Land Trust Ex- chaseandsaleofland in fee simple The Land Trust Exchange is campus to fund loan forgiveness loan payments, you will be left change. The Exchange will pro- to government parks. Two of the currently in the formation stages. has received favorable comments with a whopping $600 to $1000 a duce a newsletter with articles country's larger land trusts are Interested students are meeting from the faculty and some admin- month to subsist on. Not a whole written by Hastings students on The Nature Conservancy and The weekly to discuss their research istrators. lot to establish yourself as a self- environmental issues addressing and formulate the editorial struc- Moreover, the State Bar has Trust for Public Land, headquar- sufficient professional. problems faced by land trusts tered here in San Francisco. ture. Professors Gray and Hutton agreed to set up a task force on Many major law schools cur- nationwide which are constantly These assorted land trusts send plan to offer a related seminar Continued on Page 22 next year. mla Sar/Sri n I • If you a any of sessions that has a IN.. ｬｬｩｩｉｊｉｾ＠ ----,...... - ｾＮＭ ｟Ｎ｡ｩｾＮｒｨＮ＠ Of California law uclen have ｣ｨＧｾＮ･ｾ＠ ....

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1407 Fnt Avenue San Diego. CaItomia 92101 (619) 23&0623 Page 4 Hastings Law News March 6, 1990 Hastings Welcomes New Panel Explores War on Drugs Admissions Director By Janet Frankel by past Administrations for com- drugs," Russoniello says. "Our batting the drug problem. As job is to surgically rcmove drug plans, manages, and implements STAFF WRITER By AIisa Dagan Deputy Attorney General under users from society ... the risks of the student recruitment and STAFF WRITER J usthow effective is America's Edwin Meese, Christianson pre- legalization are too great for us to admissions program along with "War on Drugs"? On February Hastings has hired a new sided over budget allotments made embark on that frolic." developing the departmental 27, Hastings hosted a panel of Director of Admissions. Janice by an administration taking a "get Russoniello sees the criminal budget. Admissions criteria are four local policy makers to dis- Austin will fill the vacancy left by tough" attitude towards drugs: justice system as an important not established by the Director, cuss and debate strategies for the death last October of fonner money was allocated for more weapon in the fight against drugs. but by an Admissions Policy combatting what has proven to be Director Tom Waddlington. agents, more prosecutors, more "Putting criminals in jail is very Commission comprised offaculty a social problem of gargantuan Ms. Austin has considerable judges, and more prisons. effective," he says. "Forexamplc, members. This year itwas chaired proportions. experience with graduate school . Christianson said that Presi- look at the reduction in violence by Professor Richard Moderated by Professor David admissions. For the past year she dent Bush took office with an in Oakland since 1982. Now, all Cunningham. Faigman, who organized the pro- has served as Assistant Director emphasis on using the criminal the major drug traffickers of The position was not fllied in gram and selected the panelists, of Admissions at Columbia justice system to reduce popular Oakland are either in federal time for the 1990-91 admissions the discussion featured little inter- University Business School. The demand for drugs, buthas returned prison, on their way to federal process. The impact of this play between speakers. However, bulk of her experience was gained disappointingly of late to failed prison, or dead. The Oakland vacancy has yet to be detennined. the program served as an effec- as Admissions Officer for policies of the past by attempting community has rallied against Admissions Policy Committee tive showcase for four different Columbia University Law School, to persuade the Columbian gov- drugs, emboldened by the arrests member, Professor Marsha orientations on coping with the which has a yearly applicant pool ernment to crack down on co- of the major drug king- pins made Cohen, speculates that the vacancy drug problem. comparable to that of Hastings. caine producers. by the federal government." may have led to a decline in East Fonner U.S. Deputy Attorney Ms. Austin attended Columbia Like such figures as George Unlike Russoniello, San Coast applicants. While staff General Harold Christianson and did graduate work at Cornell. Schultz and Milton Freedman, Francisco's Public Defender, Jeff members attended "the most wants the country to consider The Director of Admissions Continued on page 23 Christianson would take the profit Brown, opposes pouring re- seriously a plan to legalize drugs. out of illegal narcotics distribu- sources into the policing of small- "Legalization already exists in the tion by legalizing drugs. He noted time drug dealers. "It's not the Blood Drive a Success ghettos," Christianson said. "I that cocaine production costs a most cost-effective method," said don't see why the profit from mere 4% of the drug's street Brown. "Therc's notgomg to be growing, processing, and distrib- markup, and that marijuana pro- any total ｶｩ｣ｴｯｲｩ･ｾＮ＠ We will over- uting a commodity that's in de- duction represents only I % of its use our resources and the prob- mand should be received by the illegal sale price. Christianson said lem will still persist... there are no criminal element of the world. profits from legalized drug sales easy solutions to this problem," Decriminalization is an alterna- could be eannarked for education Brown said, "but we at least need tive that is worthy of serious study. and treatment. "Drug use is a to identify the point where we It doesn't receive serious enough serious problem in this country," have maximum utilization of our study now because there is so hestated. "My question is whether resources." much fear and lack of infonna- the criminal justice system is the Brown cited with disapproval tion about it. But if we treated solution, and I advocate consid- amoveonthepartoftheCity21/ drug abuse as an illness instead of eration of alternatives." 2 years ago to pour undercover as a moral issue, it might lead to The Directorof the City's Ella officers into the system as an anti- different ways of seeing the prob- Hill Hutch Community Center, drug measure. "The number of lem." Lefty Gordon would like to see arrests were multiplied by PHaro BY JBNN CHMuRA As a fonner Department of the implementation of a compre- five ... huge overtime bills led to a First year student Karen Bollerman donates a pint of her Justice staffer, Christianson has hensive government-sponsored shift in police resources. The plasma during the recent Spring Blood Drive. seen up close the different-and treatment, rehabilitation, job as- criminal justice system was over- unsuccessful-strategies adopted sistance plan for drug addicts. loaded and had to reduce sentenc- "Teenagers selling drugs have ing penalties just to get through GAAP Celebrates Opening of New Office created their own employment its work ... in the end, the result was the cheapening of the deter- quarters, they found a convenient program," Gordon laments. By Tracy Thomas Adelman expects it will take rent value of law enforcement." space. "These teenagers need an alterna- STAFF WRITER some time to return to the level of tive." Brown, who favors enforce- The new office is located three 300 - 400 visitors per month that The General Assistance Ad- Gordon challenged San Fran- mentdirected at bigger-time deal- blocks from Hastings and offers GAAP serviced before its latest vocacy Project (GAAP) moved cisco to come up with an employ- ers, agrees that the public demands several advantages over the old move. Currently, GAAP is ad- in last month to what it hopes will ment alternative for young drug a solution to the drug problem, storefront, says Jeff Adelman, vertising its new address in local be a penn anent home at 25 Taylor dealers who turn to the "hustle" to but warns that the "War on Drugs" second year, who's been involved welfare offices to re-establish Street, Suite 216, next to the erase the feeling of impoverish- carries a human price tag. "Meet- with GAAP since he started law client ties. GAAP also hopes to Golden Gate Theater on Market ment. ''The War on Drugs is ing the public 's desire fora 'Slam school. It has six rooms instead of expand its roster of Hastings stu- Street. being fought on the wrong front," Dunk' program does things that a large open area, offering pri- dents who commit two hours a GAAP which is staffed by vacy during counseling sessions. he said. The people who are in- are not pretty to the quality of week to provide these direct serv- carceratedare mostly low-income life," he said. "With the uncondi- Hastings students and provides "Also, the rent's cheaper. And ices. There are currently about 50 tional 'War on Drugs' mentality, free counseling to welfare recipi- it's across the street from Origi- Hispanics and African Americans. students participating in the pro- What about the suppliers? "The court decisions are watered-down ents' celebrated the move with an nal Joe's!" said Adelman, refer- gram. Besides helping clients, drug business brings in trillions conventions on what constitutes open house February 29th, dis- ring to the popular downtown students also learn how adminis- of dollars per year. You know it's unreasonable search and seizure. pensing salsa and cheer to G AAP eatery. trative law functions and have the not the little guys, ｴｨｾ＠ pushers on There is more comprehensive drug participants and their friends. The new office lacks the opportunity to advocate for clients testing, and more confISCations Due to October's earthquake, around-the

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To participate costs nothing but the benefits are immense! CALL 10 RESERVE YOUR PUCE OW 1-8OO-WESTLAW (1-800-937-8529) Page 6 Hastings Law News March 6, 1990 FEATURES Passion Vies With Reason in Medea Bar Review passion. In one memorable scene Wilson is also highly critical By Phil Sinco Medea and Jason discuss his of a patriarchal ordering of soci- The Mardi Gras is OPINIONS EDITOR marriage to the Princess Glauce ety, a society based on male-cen- Law students who live through and Jason, in frustration, says to tered values. The theme of the Always Greener a tragedy every day got a chance Medea that she is incapable of "natural order of society," that is, "considered discourse," and dominant men and submissive to experience a tragedy of a dif- By David Glitzer and Don'ts of Mardi Gras!" complains of her "unreasonable- women, is prevalent throughout 1. 00 go to Mardi Gras. Let's ferent sort as Prof. Vivian STAFF WRITER Wilson's adaptation ofEuripides ' face it, have you really got Medea, was performed at Hastings The Hastings Law News is something better to do? last week. certainly a student service organi- 2. DON'T bring your books. Wilson's choice of Medea, a zation. We try to make life at You'll never use them and tragedy in which the title charac- Hastings enjoyable, well rounded, you'll probably lose them, and ter is called upon to explain why and yes, dammit, fulfilling. Over they take up space that can be she murdered her own children the past months my personal cru- better used for necessities, like following her husband's adulter- sade has been to inform the stu- rum. ous marriage to another woman, dent body of pleasant, stimulat- 3. 00 go with a bunch of pals. was natural given her interest in ing and satisfying alternatives to Nothing makes a good time feminist theory. Euripides fre- spending weekend nights poring better than a couple of friends quently portrayed women as he- over Cal. App. 's at the library and to tell you all the stupid stuff roic figures, and Medea in' par- staringblurryeyedintoyourcom- you did, but can't remember. ticular has attracted the attention puter screens until 4 in the morn- 4. DON'T go with a Significant of many feminists. Euripides ing. I've told you ofUpper Haight other. If you can't figure it disputed that "reason" was the and Lower Haight. I've told you out,I'm not helping you. only instrument of truth and there- about the Mission and SOMA. 5. DO go see the parades. They are awe-inspiring. The social fore the controlling element of PHOTO BY CArny SIlEUOSON I've told you about North Beach. human existence, a theme elabo- Medea (Shaun.e Arnold) tries to explain the passions that drove to murder, I told you the Walrus was Paul. clubs who organize the pa- rated in Wilson's Medea. but the physician (Niall Lynch) will listen only to the voice of reason. Now comes the first in a new Law rades exist only to organize In Medea the themes of "rea- News tradition, "Law Geeks Go the parade. Sort of weird, the play. The "natural order" is son" and "passion" arise fre- ness." Jason is utterly incapable AWOL." Your intrepid servant maybe the reason the South frequently criticized by Medea quently, symbolizing respectivel y of understanding her perspective, dragged three fellow students lost the war, I'm not sure, ['11 and results in a society in which, the "male" and "female" perspec- which is based in passion, be- kicking and screaming from their get back to you. as Medea herself puts it, does not tives. Wilson skillfully depicts cause he relies entirely upon rea- studies to spend a few days pre- 6. DON'T just stand and watch allow an identity to an unmarried the tension between reason and son. spring breaking in the city that in- the floats. This is not a "yan- Continued on Page 11 vented the word "sin." So, Live kee, sit back and watch the Fiction from New Orleans, it's "TheDo's Continued 011 Page 9 The Extracurricular Adventures of Dexter Dugby, Part II By Ray "Ipsa" Loquitir floor of the cell, he got just that Dexter could stop throwing up face his troubles. Instead, he ined Dexter through the bars of STAFF WRITER opportunity . long enough to resume searching curled up in a ball on the floor and his cell. ''There he is everyone- The cell was small, poorly lit for clues to his present circum- began to cry. This did nothing to the Nerdmanof Alcatraz! Doyou On Saturday morning, just and sparsely furnished-that is, if stances, taking care this time to improve his lot, as his grimy want any help getting out of here, three weeks before finals, Dexter a toilet could be considered a skip the part about the pepper- companions immediately gave or have you and your cell mates Dugby was treated to what was "furnishing." His companions mint schnapps. But in spite of a him their utmost and unsympa- already planned your break?" undoubtedly the rudest awaken- were in keeping with their sur- mental capacity for minutae that thetic attention. Dexter, who was never really ing of his young life. It was rude, roundings: a couple of "good old was fabled among his law school "Ooooh, poor little baby want in the mood for joking around in part, because it followed a boys" whose good old days were colleagues-during his Evidence mommy to bring him his milk?" anyway, reacted cooly to Lou's dream which was both pleasant definitely behind them, and a punk final he had reputedly regurgi- they sing-songed in unison. good-natured attempt at breaking and lyrical: a liquid montage of with a shaved head and motor- tated the exact wording of every Dexter was, in fact, feeling the ice in this situation. Dexter and Glinda, rosy-cheeked cycle boots who was eyeing badly in need of a soothing glass "Listen, Lou, I'm really quite and scantily-clad, frolicking care- Dexter's vest sweater and shiny of Oval tine. upset right now and I'm not in the lessly in a peppermint-scented penny loafers with a hostile ex- "There he is everyone-- "Shut up you cretins!" he mood for your peculiar brand of meadow. The contrasting reality, pression. Dexter's heart sank as the Nerdman of shouted back tearfully, beginning, jocularity," Dexter admonished however, was a grim one.' When he noted that Lou, Fredonia and Alcatraz!" Lou said. "Do as he always did when upset, to him sternly, ignoring his cellmates Dexter awoke, his mouth was dry, Glinda were not among their you want any help getting sound a little like George Bush. as they ooohed and aaahed sar- his head ached, the scent of pep- number. out of here, or have you "I'll show you! I'll get a pen and castically at his word choice. permint was all too real, and he For Dexter, who rarely ven- paper from the jailer and write "There's just two things I want was surrounded by the gray and tured outside the comforting and your cellmates al- myself a writ of habeas corpus you to tell me-how did you get uninspiring confines of the drunk confmes of the Hastings library, ready planned your and leave you low-Iifes in the me here, and how are you getting tank at the Placer County jail. life was looking nasty, brutish break?" dust!" me out?" Dexter had never been an and short indeed. Dexter was surprised to fmd "Well, actually Span-Dex, I imaginative soul, so it is not sur- Once Dexter had an idea of his exception to the hearsay rule and that his frenzied cries of "Jailer!" wish I could say I had a part in it. prising that amid his careful read- immediate environment, he fell the advisory committee notes-- produced a response almost as but thisreal\y was all of your own ing of the Criminal Law case- to the task of trying to reconstruct he could not remember anything soon as he mouthed them. And to doing. And it was impressive." books and hornbooks, he had the events of the past evening. He of the previous night's activities. his further surprise, the jailer was Lou explained. "You see, when never wondered what life on the remembered the blind date with Confused, insecure and un- accompanied by Dexter's only the CHiPper pulled us over-I other side of the law might look, Glinda, the trip in the car, every- comfortable, Dexter could have friends in Placer County-Lou, think it was for a busted taillight smell and feel like. But as he one having a great time and reached deep inside himself for Fredonia and Glinda. or something-you went berserk. opened his eyes and peeled him- then ... the peppermint schnapps. some reserve of inner strength "Duggy Bear!" exclaimed Her ears are probably still sting- self off the cold, sticky concrete It was several minutes before and spirit which would help him Lou, smiling broadly as he exam- ing from the lecture on criminal Coillillutl 011 P.,. 11 P",.7

oop : Upsets Likely Question People By Vicki Wooden and Cathy Seeligson , CAA Tourney What's your Ideal spring break? ...... JoiaIID cry, mel • pea poiIe. mel wlldling Ibem ...... 1IaIiID IU'I willa die play is nearly beaer IbIa sex 10 • ...... , .... of Dictie v. will buteIbaII purist. 1bey're IIso becmae !be IIIOIt importaat man only die dIird best tam in die Big Randy Stoner, OIl-*- EiPL The J.ybawks probably 2nd yr. won'tlole lOan inreriorlelm, but ADybow, let'. set ID die un. "Go skiing in Innsbruc:k !hey wiD IoIc 10 IOIIleOIIC bigger, porIIDllIDfJ mel find out who'. with many women ... • JOinIID win IhiI whole dlinJ. fastt.r and SII'OIIger IbIa !hey Ire. PiddD& • winDer is euiest if we A lot of IeIIDI happeo 10 fit that elim" • few pretCDden right daaiplioo. rn.dIe-.L_ DUe The defense is frishtening, as neWalw.riDelwoallltyar, cacb Mike KrzyIewski'sleIIDI .. .aIJody ..... IheIe eta,.. COIIIiRendy play die bell IDIII-IO- BoIideI, s- HigiDI is burt .... ill die c:ouncry (lOllY Bobby (_ bcIure), IIId IhiI IeIID KDilbt). Duke goes 10 Ihc round __'t have c:nouah depda up ofei&bt. no further, becIuse Ihcir Mike Bucci, &oat to IUl'Yive die COIIIIaIU roul point guard. Bob Hurley, is (.) • 2nd yr. InIabIe IbM Terry MillIIDd Loy fiesIunan, and (b) Ihc qliest I am doing something Vaqbt pc iDIO. 1""',1 dIiDk playerinc:oDep bmeIbaIl. Have ideal ... I'm going ot boIbMillIlld V..... 'illeacb you IeeII dIiI guy? Hurley heeds Hawaiir same willi line roull 1Piece. die 0Iris Mullin rule of haircuts, R....aRdJDonil.patplaya', wbicb lIlIeS: if your bead is IOIt buI.--...priJnnlncelikeGien of funDy looking, call as much Rice' .... year, Micbipn just IIIeIlIion 10 it u possible willi an __'t have eooup 10 win six in cIiInW bIin:u1. • lOW. Coaaecticat Come 011, wbocwtbcleguys? Tbe Jaybawb reaemble dial "rdae Ariaona ..... tbIl went 10 die Steve Sdlefl1cr may be Ihc Mike Fahrenkrog, ftIIII four .coupIeofyanqolO Boilermakers' best player. 2nd yr. mucla, it'lIcar,. 1bey play with EnoUJb said. "Study: inleJfi&e"ce, ....eIfisbnesI, and C",...... NutP ... o t the Bull o«en bodI time IIId Ihwbeny I'IIe for • JOOd margarita, but no IIIII'priIa and ｾ＠ Ibem .. an bqain. oId-dme IlJIe co«ee pol (you We onIeted several appeIiz- bow,1Ib _ kiDd you lee over en including Nacho , C.jun .. apca fiN ill Cowboy film). ClIicbn Wmp. BuD's Oaili, Ihc Tbe ...... were cold, weII- Gumbooflhc Day, IhcQuelcdilla ...... pancb.bat Ruc:hera, and the Barbecue Eric Meyer die _die lillie SImpler. Tbe appetizers were a 1st yr. biabil,evokiq such responses as -Repair my personal life .' ..ｾ＠ ""ddicious,"and"um- .. aoocL" Tbe NKbos included piHmobd brisket of beef and bIIct beaDs. They were hearty, bat anspeclKuIar. The Cajun Wlllpand die Bmbecue Sampler .. over best. The Sampler iDcIudes a JOOd portion of ribs, c:bicbn, lint ....and brisket of beef, aD smobd and smocb- end in Bull's t.becue ..:e. This is. md ordeI' for all c.mi- ¥OreS. Tbe dIiJj was served with Brett FJeld, -.wns" (cheese, !OW' cream, ....jaIapeI!ns. and 0Di0ns) and 1st Yr. IUIbenIic Teus style (no beIDs_loaofnat). Tbechili "Go on a booze cruise in lUft'endonlyf'rom beinllOOmild, the Canbbean • wIIida _ easily remedied by addiDI Ibe salsa and jaIIIpdIos (wllidamaded"'justri&bO. AlIo ill 1'Por, die ... _ ..a ...... beef. ne a-boGflben.,--aDcba. C 1 ,.".." Page 8 Hastings Law News March 6,1990 Reel Time Legal-Ease The Hunt For Excitement By R. JANIS McINTYRE ton must decide ifRamius is truly Greg "Joe Bob" Zlotnick animated looking. Yes, this is a defecting or is a rogue madman picky criticism, but when $35 STAFF WRITER ready, willing, and able to start, million-plus is spent on a feature Adapted from Tom Clancy's and possibly end, WW III. film something so basic should- best-selling novel of the same Alec Baldwin competently not be allowed to detract from it. name and eagerly awaited by plays Jack Ryan, CIA analyst, Considering the few effects in the legions of fans, ''The Hunt for naval historian, and reluctant hero. movie and the numerous occa- Red October" is a curiously unsa- While the military establishment sions torpedos appear, the tisfying film. Though technically is convinced that Ramius and his checheesiness is inexcusable. a fmely crafted motion picture, boat are instruments of Soviet The supporting cast supports the story seems merely to spin its imperialism run amok, Ryan ar- and the script, although at times propeller for most of the two hour gues the defection angle and is ridiculously Reaganesque, does plus running time without going given three days to prove it. No manage to insert some well-timed anywhere. Not until the last good humor. As an example, twenty minutes or so does the immediately before an initial excitement and tension ofthe book briefing for a White House, na- make it to the screen. tional security working group, Sean Connery, in an almost James Earl Jones, as chief of CIA too confident performance, plays naval intelligence, informs Ryan Captain Ramius of the Red Octo- that he will be the briefer. Prepa- ber, which represents the latest in ration? Confidence? Welcome Soviet missile submarine tech- to first (second & third) year law nology circa 1984, before school. Gorbyfest. It seems that the good A major problem with the Captain, with his handpicked movie is that it skips over a major group of officers, has decided to chunk of time in the story. Once play hooky from his assigned the set up for the conclusion is shakedown cruise marieuvers so complete, we jump ahead 20 he can defect to the U. S. of A., problem. hours. But hold it a second. That's bringing his toy with him. All While the underwater effects 20 hours of eluding and being hell breaks loose in the capitals of are satisfactory (not many ways chased that we don't see. What both superpowers. Moscow or- to screw up a submarine going by about the crew's nervousness after ders the Red October's destruc- in the big blue) the rendering of almost being sent to Davey Jones' Learned Hand tion at all costs, while Washing- torpedos didn't quite cut it. Too Continued on Next Page March Madness: Hoopsy Daisy at This Year's NCAA's far as the fmal four. However the Georgetown versatile Spartan guards that in- Continued/rom Previous Page up and carry them on hiS back all trip will end there. If this were Dikembe Mutombo, Alonzo cludes Sam Vincent, Darryl Georgia Tech the way. I know La Salle is 24-1, beach volleyball, on the other Mourning and the typical Hoya Johnson, Scott Skiles, and some The classic dougbnut team, the but their schedule is weak and hand, the 'Cats would defmitely cast of slashers, defenders, and big kid named Earvin. JudHeath- Rambling Wreck is sweet on the they don't have enough big-time, have a shot. thugs. John Thompson's clubs cote is a master bench coach, and outside but missing something in big-game experience. are always a threat, not only to his teams normally play well in a the middle. It's a truism that Indiana So who's left? As Dick Vitale whup whoever they play on the tournament setting. For those of guard play wins NCAA champi- Way too young. would say,"Put it in the books, scoreboard, but to intimidate, you that know me, you know how onships, but this team is too de- Oregon State baby." The teams listed below embarrass and hospitalize their it kills me to say this, but I like pendent on a here-today, gone- I sure hope Gary Payton gets have too many prime-time play- unlucky victims as well. Their State's chances better than arch- tomorrow perimeter game. Yes, named to a bunch of first team ers; not to tango this tournament style is ugly, but it wins basket- rival Michigan's. Ouch. freshman guard Kenny Anderson All-American teams, because this to pieces; it's a lock that one of ball games. Louisville is sensational, but even Magic guy is the most underrated player them will be wearing the crown in Oklahoma A good team, with Felton and Isiah Thomas didn't win in the country. He can do it all: Denver. It's a testament to Billy Tubbs' Spencer and LaBradford Smith championships until their sopho- . defense, steals rebounds, points, Missouri system that the Sooners can be leading the way. A fantastic more years. Next year, watch for anything the Beavers need on a Doug Smith and Nathan this dominant after losing Mookie coach. I learned a long time ago Georgia Tech. given night. The NBA people Buntin give Missouri exceptional Blaylock and Stacy King to the never to take a Denny Crum Syracuse know how good Payton is, but the front-court play, this team is deep, NBA. Oklahoma is also peaking coached team lightly in the NCAA The best collection of talent in college basketball world doesn't talented, and experienced, and at tournament time, and I became tournament. history that couldn't shoot free venture to Corvalis, Oregon very they play in the nation's toughest a believer after watching them Louisiana State throws. Derrick Coleman' might often. Payton may win the Bea- conference. The only question demolish No.1 Missouri over the Chris Jackson is the best guard be the player of the year, and Billy vers two or three games, but the marks are point guard Lee weekend. In that game, five in America, and guards win Owens and Stevie Thompson talent's too thin for them to go Coward's wrist and Missouri's Sooners scored over fifteen points. NCAA championships. The Ti- aren't far behind. But the Or- much further. history of bailing out of the tour- Their depth is astounding. gers are simply loaded this sea- angemen simply cannot win six Dlinois nament prematurely. Arkansas son, with a seventeen-year-old, games against this level of com- With the threat of probation UNLV A bit of a sleeper pick" , here. seven-foot center named petition unless they quit shooting hanging over their heads and The best front-line in basket- Coach Nolan Richardson has done ShaquilleO'Neal that blocks what themselves in the foot at the free Marcus Liberty's nasty habit of ball, with Larry Johnson, Stacy a splendid job with this team, and seems like every other shot the throw line. Jim Boehiem may disappearing in big games, this Augmon,andMosesScurry. The Arkansas can play defense with other team attempts. Yes, LSU someday have trouble explaining just isn't the Illini's year. Shark's team is loaded this year, anybody. The Big question mark has lost more games than they how Syracuse never won a na- Arizona and they playa trapping, 94-foot is the Rawrbacks' schedule; it's should have during the regular tional championship with all the The guards are weak, and the style that gives their opponents possible that playing in the medi- season, and granted they have a talent that's gone through his Wildcats have too many southern nightmares. I wouldn't want to ocre Southwest Conference could tendency to watch Jackson go one- program. California surfers to win it all. play against them. The Rebels hurt them down the line. on-the-world too often (wouldn't La Salle Coach Lute Olson is so good that are strong, fast, and physical, the Michigan State you). But renegade head coach How good is Lionel Simmons? he might take Arizona, who seems only knock is that their guards can A real Cinderella choice. Steve Dale Brown will have them ready Not good enough to pick this team to be peaking at the right time, as be inconsistent. Smith is the latest in a line of in March, guaranteed. 111ft" 6, 1990 HtJStillgs Law News Page 9 Mardis Gras shorts, for thai maner. wisdom, applicable every- 10. DON'T drink four Hurricanes. wlae, suitable for need1epoinl he unt is On, or Off CIHIIiaMMJr- Pq, 6 You may end up with ONi. Y and framing. matches and c.ds."Jr-rrm-,P.. kids play with beads. 18. OON'T be shocked when total fU'CCrackers" -type parade, but II. DOeatoyslCrs. They are only strangers come up and talk 10 Ioc:br by • RIIIIiID torpedo? It good as expected. but not bad an audiencepanicipaliondeal. $4 perdozcn and they are huge . you. They're either friendly ..... plausible dill 20 boun either. Although there is DO rea- (see 1#1) 12. DON'T eat 3 dozen in a row or drunk. probably both, and miPt be criIk:II in explaining son to dissuade people from 7. DO C8ICh the beads thrown aflCr four Hurricanes. I know this isn't New York or Martel bow a-iaa nWnIainI biJ trea- checking outCoanery's Heming- from the floats. Yeah, they this sounds like common sense Streel IODOUI coune wilhout confront- way look, for diose without much don'tloolt like much but be· but believe me, during Mardi 19.00 loosen up. it's Mardi Gras iD, mutiay. Oranted, the inlCreSl in the SIory, there's no Iieve me they are worth more Gras there is no such thing. time. filmmatmcoafronled the peren- reason 10 reconsider either. Es- than you think. Especially 13. DO go 10 Tipatina's 10 catch 20. Lastly, DON'T. for the love of nial dilemma of 10 much 10 IeII imponantare the ones that look the Neville Brothers. They all that is fun, try 10 network. IIId 10 IiaJe film, but the omis- like pearls. The bigger the are the sound of Nawleans. Iiou weaIten die film coasidera- For a $35 million Some of us other law students beller,like most things in life, 14. DON'T expecl 10 hear rap. incognilO might just beal the bly. film, some ofthe I guess. (see 118) Come on, loosen up, do the heD out of you for spoiling the '"1be Hunt forRed October" is special effects were 8. DON'T trade your beads with Mardi Gras Mambo. lIOlapauDOvie. Itisagoodone. party. anybody unless they show you 15. DO try 10 break any inhibi- An Ideal yam for a slow, rainy cheesy. The animated somestin. Let's face il You tions you may have by going So there you have it Not a afternoon. M drIma, it's Ide- torpedo loolced lilce it just boxed OUlsome 7 year-old 10 Bourbon Street. Everyone defmitive list by any stretch of the quIIe and Illealtmaintains inler- for those beads. If somebody else will be there, so why be imagination, just some rules of at UIIIiI the whizblng conelu- might have Daffy wants them, they've got 10 leftoul in the cold looking like thumbs. Beller yet, don 'ttaltemy lion, which does succeed in get- Ducic hanging onto show you a little something. the law slUdent you really are. advice. go there yourself and make tins die pulse rare up a biL Joe the tIlil fin. Who knows, you might just 16. DON'T getcaughl by the law. some flrSI hand observations. Bob recommends a big screen find love. They make Lauderdale cops Whal do you think God invenlCd viewin,. It I. questionable 9. DO drink a Hurricane. The 100It like crossing guards. I'm undergroundout1ines for anyway? whelber a non-matinee price is sentially, this is similar 10 the drink that made Mardi Gras talking scary. I'd love 10 Slay and chat, bull've juIIifiabIe. eternal quandary of whether one famous, and made it possible 17. DO keep your lunch while got 10 make my reservations for So,isiuhumbs up or down for sbouId go 10 the 8:30 class or not. for everyone 10 trade beads, if those around you are losing the running of the bulls ... Joe Bob? Well, today's word Yes,buL.. you catch my drift, or my theirs. Just a little literary _10 be ambivalence. Not as

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'00 Page 10 Hastings Law News March 6, 1990 Spicy Texan Fare: "Remember the Alka-Seltzer!"

Continued/rom Page 7 as well. The fajita-eaters who however, a little dry. when the shrimp is in the salad). though the prices and quanlities SmokedLinks,andShrimp." The ordered the steak and the chicken A note for vegetarians: lWO If you order this dish without the might be lOO much for the average Gumbo was served with large varieties were disappointed in members of our group were of the shrimp, you might ask for the lunch time diner, you can hardly chunks of meat and vegetables both quantity and quality. The non-flesh eating persuasion and dressing on the side, or substitule go wrong for dinner. Even if you and went down easy. The Quesa- person who ordered the shrimp had some difficulty fmding meals a different dressing. decide not to dine, defmilely check dilla Ranchera was a tortilla filled variety gave a bener review of the compatible with their preferences. For dessert, we sampled Pe- out Happy Hour(Monday through wilh black beans, scallions, quality, but not much better. To Nevertheless, Bull's does offer a can Pie, Bread Pudding wilh Friday 4:30 t06:30, and Saturday cheese, and served with a deli- say that the fajitas are not enthu- few meatless ilems, including Whiskey Sauce, and Apple Crisp. 12:00 to 5:(0) for Bull's daily cious pico de gallo sauce. The siastically recommended would Vegetarian Nachos, the Quesa- Afler appetizers, dinner and a specials and free food. BuIr's has majority opinion held in favor of be a conservative estimation of dillaRanchera (reviewed above), number of margaritas, we had a lively atmosphere and while we the quesadilla, but considering il their success with these review- and aside salad. Our two vegetar- already consumed more than were there, live music in the form only so-so, several within our ers. ian reviewers ordered the B.B.Q. enough, but the Pecan Pie and the of some guy with a guitar. Throw party dissenled. The Blackened Prime Rib S hrimp and Vegetable Salad (sans Bread Pudding made room for him a bone when you're finished Even before ordering our en- Steak meriLS high praise. This shrimp). The waiter was very themselves (the Apple Crisp was eating. So fer a good time, y'all trees, many of us were getting full entree was succulent and spicy, helpful in getting the cook LO hold a slight disappointment). shud gal down ta Bull's Texas on the appetizers and chips. BUl and is highly recommended. the shrimp and add extra veggies. Overall, Bull's geLS a "thumbs Cafe fer sum food and drank real there was much more in store. Typically, it is also one of the The salad received high marks on up" for the quality and quantilY of soon. Bull's offers a full line of barbe- more pricey ilems. The Chicken quality; the vegetables were fresh the entrees (with the exception of cued meaLS, including pork ribs, Fried Steak is another winner, al- and there were plenty of them the fajitas), and raves for their chicken, smoked links, beefbris- though as one of our group put it, (including zucchini, squash, red appetizers (indeed, a light ealer LONELY? ket, and a sampler piale. They "as chicken fried steak goes." pepper, chayole,mushrooms,and could have a large appetizer for were all moist and lender and the On the lighter side, the sliced greens). However, the B.B.Q. dinner). Thepricerangeforappe- NEED A DATE? barbecue sauce was cooked right Barbecue Brisket Sandwich was dressing was "too smoky" and tizers is $2.75LO $6.50, for sand- Meet that special someone today! into the meal rather than jusl favorably received, as was Bull 's overpowered the veggies. (The wiches, $5.75 LO $6.95, and for poured on LOp. Hamburger. The hamburger was, dressing probably works better entrees, $7.25 to $15.95. Al- CalIDATETlME (405) 36U335 The fajitas did not fare nearly

Get your hands on aMacintosh before your hands are full. Homework has a nasty way of pil· the way you look at homework, it'll research notes, and assorted scraps of So come in and get your ｨ｡ｮｬｌｾ＠ on ing up, doesn't it? One day, you feel on change the way your homework looks paper that litter your desk, we give you a Macintosh today. top of it all - the next, you're behind on - with an endless variety of type styles, ｈｹｰ･ｲｃ｡ｲ､ ｾ ｡ｮ＠ amazing new program Before your homework slips com your notes, your research, your term and graphics that'll make your profes- that provides an easy way to store, pletely through your fingers. paper. sors think you bribed a fri end in art organize, and cross-reference each and .J. Our advice: Get in front of a schoo l. every bit of information. (HyperCard - Macinto!'h' computer. And as for all those is included free with every The power to he your best:" True, it may not tum a lifelong pro classroomsc ribblings, Macintosh. ) crastinator into an overachiever. But it Purchasing information available at the Mac Lab: will make an enormou difference in Where: Room 456, Legallnfonnation Center how quickly you can write, rewrite, and Hours: 8:30 A.M . to 4:30 P.M. print your assignments. Phone: 565-4838 Contact: David Pearson ot only will :: Maci ntosh change ' I'A.. .. ＢｶｲＮＮＬＨｾＧＧＧＧｉＯＧｦｉｉｮＮｨｴＨ＠ ｾｲＧ｣ ﾷ ｬｩｴｦ ｶｲｬｴａＺｴｬｴＧ｜ｍｾＭｊ ｴｕｌ＠ ...... ｲｱＬＺｴｓｊｭｊｾ ｴｩｗｗ ｃｄｬｬｦｬｗｩｴｲｉｷ＠ .,....,... ＾ｲｲ Ｇｉ ｾ ｍﾻ ｲ ｬｴｬｩｦｦｬ ｬｓ Ｎ＠ tru./f'mY rt 'f ｾ＠ 0:MIptJn hi. March 6. /990 Hasrings Law News Page 11 The Adventures of Dexter Dugby: Dexter Takes Flight ColllUtlUtlJro'" P.,. 6 pay his debt to society. attempts to appear unremarkable. ｾｵｲ･＠ you gave bet. Prob- nervous state he held hiS own door and out into a deserted alley. "Lou, we gOWl go back-" Hoping to throw off the scent of during the fltSt few deals. In half "Hey!" exclaimed Dexter, able cause, rcuonable expecta- But Dexter was cut off as Lou tions of privacy, U.S. v. Chad- the bounty hunters and police an hour he was close to a hundred taking an opportunity to register pushed him into the waiting Mata- informants he was sure were on dollars up, and was beginning to hiS surprise. "What do you guys wid:, Terry v. Ohio-il was like dor, slammed the door and gave the Supreme Coun itself had his trail, he had insisted on enter- get his mind off hiS recent ex- think you're doing?" the word to Fredonia. With a ing the Reno Circus Circus wear- descended on this poor trooper to ploits. One of the men only grunted whoopofexcitemcnl,shestornped ingafull-Iength trench Coal, wide- But as he continued to play, menacingly in response, while the beat her over the head with roUed on the accelerator and the car up copies of the Constitution. brimmed straw hat (nobody had a and his law school-trained br:l1n other balled up hiS fist in Dexter's pulled out with a shriek, leaving fedora) and dark glasses. After began to turn its energies to the vest sweater and attempted a more "By the time you got to the behind fifteen feet of rubber and auaomobile exception you were bumping into two slot machines task at hand, Dexter found that he articulate answer. the astonished faces of two police and a cocktail waitress Dexter than up on the hood of the Matador, was doing more holding his "Listen, ya little nerd, count- officers who had noticed Dexter's lowered the sunglasses, but he own. Sharpened by months of ing card is cute at a bridge party, wavmg a boule of peppermint absence a moment too late. schnapps. You were briUiant!" still looked like an extra from the rote memorization of Restate- but nobody here exactly appreci- "No, no, no, no, you guys, we set of "The Man From ments and commercial outlines, ates it," he said. "I'm ure every- "I liked the pan about the can't do this," Dexter pleaded. neutral magistrate," said Glinda U.N.C.L.E." his mind was having little uouble one would be happy if you took "c 'mon , let's go back, pay my shyly, smiling and blinking at Dexter found it diffICult to keeping trackofa measly 52 cards. your card lricks elsewhere." bail, keep my picture out of the relax as he sat down at a blackjack Dexter, in shan, was counting At that point. either because De term a disconcerting fashion. post office." Dexter could only manage a cards. and it showed in the pile of he foolishly underestimated the "Sorry, Dexca1ibur, but we had Dexter could only moan chips that grew in front of him. low moan in response to thi nar- gravity of the situation, or be- to do il," said Lou, wrapping a pitifUlly aJ he recalled the It was not too long before cause he was suddenly showing a rative, which sounded like some comforting arm around Dexter. bizarrecrim hypothetical come to Model Penal Code treat- Dexter, who had once hoped only kind of careless and unprece- "Nobody had that kind of bail to get pan of his bail money, had dented bravado, Dexter made a life. He was so upset that when money, and I've taken out too ment offlight from prose- the jailer unlocked the door, he enough to not only pay bail for near-fatal mistake. many loans this semester already. cution, and woruknd both himself and hiscompanions, neglected to stick his tongue out "Get your hands off me, Nori- You wouldn't want me to have to whether they wen close but also foot the biII for a decade's ega-face! I wasn't counting any at his ceUmaaes before leaving. go on work study, would you, While his friends tallted to enough to the stau Une worth of appeals and legal ma- cards and if I was, it's none of buddy? TeU you what, we'll make neuverings. The excitement of various clerks and police officers for the FBI to be calkd your beeswax anyway." Dexter the bail money in Reno and slOp winning was, in fact, making him replied vehemently. "And I'd like about a bail hearing, DeJlter could and pay any fines on the way out. only sit disconsolately in the cor- slightly giddy, a quite remarkable to let you know that you're liable back. I'm sure they'll under- table. He had made several ef- state of mind for Dexter. ner of the police station, muning for one hell of an action for tort stand." fortS to escape and turn himself in over his pocential cnminalliabil- Dexter was several thousand right now, mister! False impris- Dexter did not respond, but to the police during the lrip to ily. His expansive knowledge of dollars in the black when he de- onment, assault, ballery, and only moaned pitifully as he re- Reno, but each time Glinda had break the California PaW Code only cided to take a short to punitive damages too, according called the Model Penal Code treat- easily (and little too enthusiasti- relieve himself, having downed added to his glumness, until he to the decision in Stare v. Garcia, ment of flight from prosecution, cally for Dexter's liking) man- finally resigned himself to life several Dr. Peppers on the house. 24 Cal. App. 3d-" and wondered whether they were handled his skinny frame back with a rap heel Grinning and tipping his straw Dexter's assailant did not take close enough to the state line for into the car. Finally. realizing sun hat to the small crowd that Suddenly, Dexter looked up long to intemJpt hIS discussion of the FB I to be called out. The rest that it was pointless go 109 back to had gathered around his table, legal authorities, drawing baCK and noticed thai Lou was tugging of the groupseuJed back to enjoy Placer County without bail Dexter struck out for the little his fistanddeliveringa well-timed at his elbow. The others were the trip. GIinda, who had switched money, he had reluctantly acqui- fugitives'room. nowhere in sight. verbal rejoinder as he 7Croed 10 to roolbeer schnapps, produced a esced in Lou's scheme. Now, But as he walked through the on Dexter's pale countenance. "It's time to go to the coon- bottle, and Fredonia added to the armed with his share of Lou's casmo, keeplOg an eye out for his "Tell me, Perry Mason, you room," Lou said,looking around festive mood by cranking up the most recent GSL chock, he Sat friends, Dexter was suddenly nervously, and leading Dexter ever hear of Fi t VS. Face?" local radio station. They were down to earn a "Get Out Of Jail jOlOed by two stranger who And for the second time in as down a hallway. singing along to Bobby Fuller's Free" card while his feUow mis- walked up on either side of him manyday,Dc;o;tertookasudden Dazed from hi night in the "I Fought the Law" when the creants tried their luck at the other and took hold of his elbows. and involuntary vacation from the drunk tank, DeJlter noticed too Matador pulled onto the highway. tables. Dexter only had time to notice consciou tate. late that Lou was in fact leading • • • Dexter had played quite a bit that they were very large, conser- ext IS ue: A Rude Awaken- him out of the police station, with DeJlter' next appearance in of blackjack during his childhood vati vcly dressed and had the worst ing, Part II no indica&ion thai he had made public was remarlcable, largcly summers at computer camp, so it complexion he had cver seen, any arrangements for De ter to because of hi own iU

cocked hi rifle. The effect was low. While this is not necessarily Medea humorous. but also critical of a bad in and of itself, Wilson could The Hastings Book Store C..u..Hfr- P.. 6 common male attitude that re- have been more effective in her criticisms of male oriented values woman. Medea's actions do IlOl duces a woman's life to her sexu- and patriarchal society by le fit into the natural order of things ality. superficial treatment of the male (mochers do IlOl kill their chil- Unfortunately, Wilson' characters. dren, nor dispute what their hus- themes are sometimes muddled evenhcless, the performance bands decide to do). She is IlOl and conttadictory. Medea is ex- tumedin by Wilson' troupe was reaonabIe (judged by male stan- tremely strong willed and self- thought provoking and engaging. dards). Yet, we yrnpathize with assured, but laments that he Shuane Arnold was simply out- Medea and do not fmd bet evil, compromised herselfImd became standing as Medea. She breaIhed nor, indeed, "unreasonable." less by loving Jason. Yet she Don't wait until it's real fueand life into therolc. She Wilson chose to write alJ'l8- complains thai Jason was a weak played the pan with conviction too late! Go to the edy, but she intentionally added man and naely bet sexual play- and passion, but made it seem Hastings Book c:omedicaspects. Onefwlnyscene thing on anodIer occasion. At o effortless. Brian Glicker played involves the two ｾ＠ guns times it was difficuh to follow Store now for all Jason and IUmed in a fme per- who .e responsible for Medea euctJy whal Wilson was8ltenlpt- your study needs. formance. In the sc.eoe where he and who function as sort of a inglO say aboul Medea, and about anempu to explain his reasons chorus. Guard n (Eric Noble) women in general. Anocber short- for marrying tbe princess, says ., Guard I (Prof. Leo Marti- coming was that the women in the Glicker's intercbange with Ar- nez) dill aU Medea really needed play were given complex charac- Hours: 8:00-3:00 nold was ttuly electric. Jennifer was a "good bedding." M be IU portrayals, but tile men were Monday - Friday .. _---spote tbese IiDes, be foodlcd and generaUy portrayed as very shaI- ｃｾ｟ＬＮＮＬＮＲＲ＠ Page 12 Hastings Law News March 6,1990 OPINION En Bane Letter .from the Basement General Counsel Must Go "What Are They Teaching It is always difficult to say that an individual's job performance is so unsatisfactory that they ought to be dismissed. However, we have to say that the Hastings These Kids Anyway?" community would be better off if the College found a By James P. Ballantine Knox Act of 1980 was a good tainly need their recognition. replacement for current General Counsel Angele effort to reign in Hastings' unac- However, for next year's Found- EDITOR -IN-CHIEF Khachadour. countability. Any moves by the ers' Day I hope that the College In our observation, during her tenure of the past HASTINGS HISTORY & FOUNDERS College to overturn the Knox Act will look deeply into the histori year and a half as Hastings' attorney, Ms. Khachadour DAY truly would turn back the prog- cal role played by Hastings alumni has created many problems for the College, problems ress achieved by this hard-fought working in the public interest and from which students have suffered. In the aftermath of the legislation. in commumty service. First of all, Ms. Khachadour has undermined ef- College's Founders Day: I think Speaking of Founders' Day: forts by students and legislators to create a student that the key point from an exami- This year the College's "celebra- YElLOW JOURNAUSM position on the College's Board. She made statements nation of Hastings' legal history tion" consisted of a luncheon honoring four of San Francisco's Famous at last the Law News to legislative staff members which were conflicted by is that for over 100 years Hastings largest law firms, and their his- finally got its name in the paper those later made by Hastings' lobbyist, who is offi- drifted along, unaccountable to any public body, run by an anach- torical ties to Hastings and to its Unfortunately, the paper was the cially under her direction. These machinations played ronistic self-perpetuating Board alumni (whatever these ties were). Bay Guardian. True to form , the a role in defeating the student director bill on the floor of Directors, but in 1980 legisla- I guess all this honoring is fine; Guardian slammed us for taking of the Senate last fall, and may continue to cause tion was enacted to make public the people who defend corporate a position with which it disagrees problems in enacting the recently introduced bill this the selection of directors. This America on an hourly basis cer- Continued Oft Page 15 legislative session. She has also worked to overturn the 1980 Knox legislation, and to remove Hastings from having any accountability to the state legislature. She was instrumental in replacing a legislative rep- resentative of Hastings, who specialized in represent- Letters to the Editor ing non-profit educational organizations, with a high La Raza and Russoniello harboring of drug dealers is un- priced professional lobbying firm which also does the their planned boycott agains true, unfair and insensitive. Cooley, et. al. These actions were bidding for various moneyed interests. Now, when Dear Editor, Mr. Russoniello stated on the contingent upon Mr Hastings speaks in Sacramento, it does so out of the Mr. Russoniello's statement record that he was not going to Russoniello's apology. same mouth which represents these interests. ofJan. 17, 1990, that the Bay area apologize. The law firm of A few hours after the pres was a logical place for drug deal- Besides slamming Hastings students and the public Cooley, Godwin, Castro, Huddle- conference on 2(23/90 Mr. Rus interest in Sacramento, Ms. Khachadour has also, in ers' in part because there is a son & Tatum who had offered Mr. soniello issued an apology to the our opinion, embarrassed the College in front of the "strong Hispanic community in Russoniello a partnership follow- Latino community for his re Legislature. We have observed her to make remarks place that could provide a protec- ing his resignation from the U.S. marks. Hastings La Raza called tion and an insulation from law to legislators and legislative staffers that were disin- Attorney General's Office, did not off all of the aforementioned ac enforcement uncovering these genuous and ill-received. Legislative staff have con- acknowledge the slanderous char- tions that had been planned. enterprises," caused a great deal acterofMr.Russoniello'sremarlcs fided to the Law News that Ms. Khachadour has not Several partners from Cooley of disturbance and outrage in the and did not distance itself from appeared to be honest in her dealings with them. el al. visited Hastings on 2(27/90 Latino community. such remarks choosing to see it as Ms. Khachadour has also done a disservice to the and discussed the entire inciden Hastings La Raza joined a political issue. As a result, with Hastings La Raza and other College community by refusing to provide public in- Latino Forum along with several Hastings La Raza declared in a Hastings students and faculty formation. She has refused repeated requests by the other Latino groups and repre- press conference on 2(23/90, presenl The meeting allowed for Law News to release, within a reasonable time, infor- sentatives from other law schools called by Latino Issues Forum both sides to understand each in the Bay Area, (USF, Boalt, mation regarding the court-ordered payback of schol- and joined by several other Latino other's position in depth and ended Stanford and Golden Gate) in arship funds, and regarding public Board minutes and groups, its plan to (1) picket Mr. in a note of further cooperation making clear that these statements other documents. Whether this failure to disclose Russoniello at the "W arOn Drugs between Cooley, el ｡ｬｾ＠ and the stems from a deliberate coverup or to incompetance at were unfair and slanderous to the Forum" on 2(27/90 where he was Latino community in addressing Latino community. Latinos like locating the information requested, it is intolerable. invited at a panelist, (2) refuse to the needs not only of Latinos but DEA agent Enrique Camarena The outcome of several events during her tenure interview with Cooley, el al. and other minority groups as well. who was slain in Mexico City, are ask the support of all the other further indicate that, in our opinion, Ms. Khachadour at the forefront of the war against Hastings student organizations, Hastings La Raza is not the kind oflegal counsel that Hastings ought to drugs. To say that we as a com- (3) support Latino Issues Forum employ. munity are a logical place for the and other Latino organizations in The handling of the parental leave policy and the dispute ASH's Response to with Professor Weisberg last summer was distasteful, an Argyle Copier Snafu embarrassment to the College, one quicldy picked up by the Dear Editor, press, and legislators. Her recent flippant comments to the Letters to the Editor I was disappointed with the Senate Rules Committee about "that silly" maternity leave Letters are accepted from anyone but must be typed or tone and statements in last month's dispute were even worse. Additionally, Ms. Khachadour article regarding Argyle Copiers has replied to legislative concern over the school's leave legibly handwritten double-spaced. Letters should be clearly marked as such and must bear the writer's signature, name, and and ASH's investigation. I would policy with contemptuous remarks about the liberal benefits like to address some of the points and easy working conditions enjoyed by faculty members; telephone number. Frequent or lengthy contributors will be limited to ensure that a forum is available to everyone. We raised in that article. we fmd such slams against the academic community offen- The combination of the article sive for an employee of an insitution of higher education. cannot print letters without signatures, but names will be withheld upon request if the circumstances warrant such ac- and letter to the editor questioned tion. Letters do not represent the opinion of the Law News, its ASH's motivations and investi Continued on Page 17 staff, or Hastings College of the Law. gative procedure. ASH is con CotUillued 011 Page 21

Page 14 Hastings Law News March 6,1990

Unconstitutional: Laws Requiring Parental Right on Point Involvement in a Minor's Abortion Do Homosexuals

that description. But most irnpor- the rule that "mature minors" can Have Legal Rights? By Barrie Becker tant is the point that a teenage consent to all types of medical GUEST WRITER woman, with herwhole life ahead care. In some states, however, By Bruce Peotter sexuals (as do heterosexuals) Under the guise of promoting of her, must not be forced or statutes permitting minors to COLUMNIST choose to act according to their family communication and pro- coerced by an intimidating state consent to medical treatment for "orientation." tecting pregnant teenagers, many bureaucracy to carry an unwanted their own children sit side by side It is fashionable these days to Understanding the simple fact states have passed some form of pregnancy to term, thus endan- with those that impose parental extol the virtues of homosexual- that homosexuals have a choice legislation mandating parental gering her health (full-term teen- consent requirements on abortion ity and to bemoan alleged dis- conclusively identifies the homo- involvement with abortion deci- age pregnancy is up to 20 times decision by prospective minor crimination against homosexuals. sexual lifestyle's behavioral char- sions made by minors. These more life-threatening than timely parents! Alternative viewpoints are met acter. TheSupremeCourt'sBow- laws seriously burden minors' abortion) and her future. The U.S. Supreme Court has with hostile reactions and cries of ers v. Hardwick decision further ability to exercise their constitu- Minors' reasons for not noti- indicated a willingness to permit homophobia and bigotry. Even in supports this premise by denying tional rightto privacy. They also fying parents of a pregnancy or parental consent laws provided the hallowed halls of Hastings, "fundamental right" status to significantly increase health risks abortion are well-founded. Mi- thatajudicial bypass is available. students are hissed into submis- homosexual sodomy. Hardwick to minors by causing necessary nors who testified before Minne- The California Court of Appeal sion when they propound an exemplifies society's undis- medical care to be delayed, be- sota courts gave many reasons for (First Appellate District) recently opposing position. putable right to regulate behav- cause of bureaucratic obstacles, their decisions not to notify one or affirmed a preliminary injunction However, public debate is ior, including the right to exclude or withheld, due to criminal pen- both parents, including: psychiat- against this state's parental con- necessary because the issue of the certain sexual behavior from civil alties for disobedient health care ric or physical illness of a parent; sent statute. In the case, Ameri- validity of the homosexual life- rights protection. providers. Parental consent laws chemical abuse and delpefildel[lcy canAcademyofPediatricsv. Van style has been forced into the No Special Class punishminorsforbecomingpreg- de Kamp, several major medical public arena for the specific pur- Comparisons to the typical nant; they neither improve par- organizations, a clinic, and an pose ofgaining public acceptance. classes with civil rights protec- ent-childcommunication nor help individual physician contended Therefore, the question should be tion clearly illustrate why homo- with the minor's decision making that the statute violated the ex- asked whether the homosexual sexuality is undeserving of the process. plicit right to privacy contained in lifestyle even merits elevation to special protection provided by A recent nationwide study by California's Constitution. The the status of classes which are these laws. the Alan Guttmacher Institute re- court reaffirmed that the Califor- afforded special civil rights pro- Race, color, national origin, vealed that most minor girls tell at niaConstitution protects women's tection. Close examination re- sex, and age are all classes whose least one parent about their preg- right to choose abortion independ- veals that homosexuality clearly members share an unchangeable, nancy and planned abortion, about ently of the federal Constitution. should not receive this protec- visible, and morally neutral status. 23 percent have not and would It also made clear that the in- tion. For these reasons, few people wi\l not tell their parents, and would fringement of the privacy right is Chosen Lifestyle argue that discnmination based not go to a clinic if parental noti- permissible only to uphold a Proponents of civil rights pro- on these characteristics is not fication were required to obtain "compelling state interest," tection based on "sexual orienta- invidious. However, homosexu- anabortion. Ninepercentofthese whether regarding teens or adult tion" claim that this special pro- ality is a changeable behavior; is young women stated that they women. The state of Maine has tection is legitimate because the visible only at the homosexual's would attempt self-abortions or passed what it calls a "compro- homosexual lifestyle is not a option; and certainly is not mor- would obtain an illegal abortion; of a parent; religious or moral mise" bill, which replaces the choice. It is purported that homo- ally neutral to most people. There- nine percent would carry their anti-abortion or anti-sex views of parental requirement with the sexuals were "born this way" and fore, homosexuality does not pregnancy to term, and two per- a parent; likelihood of violent requirement that a minor show a cannot change. However, the qualify for elevation based on cent said they did not know what verbal, physical or sexual response doctor proof of professional coun- myriad of studies are far from comparisons to these classes' they would do. In Minnesota, a by a parent; and the fact that the seling before the doctor can per- conclusive on whether one's sex- characteristics. parental notification state, teen adolescent had never met the form an abortion (such counsel- ual "orientation" results from On the other hand, behavior- pregnancy statistics indicate that parent. Involuntary communica- ing is already automatically pro- genes, hormones, environment, or based classes are very rare and parental notification requirements tion about a private matter such as vided by health and family plan- otherwise. In fact, "no one has have always been created with increase the percentage of preg- pregnancy is often very damag- ning clinics nationwide). The ever found a single, replicable much difficulty. Only marital nancies carried to term by teen- ing to adolescent development, impact on teenagers of this latest genetic, hormonal or chemical status and relIgion are afforded agers who would otherwise have particularly when it leads to an approach is unknown at this stage, difference between heterosexu- protection. These institutions chosen abortion. increase of problems in an al- but some experts predict delays als and homosexuals." (Homo- have been continuously valued The teens least likely to over- ready dysfunctional home. similar to those caused by harsher sexuality: AModernReappraisa/, and esteemed throughout our come the obstacle of parental Minors today are faced with laws. Dr. Judd Marmor, former presi- country's history. They are pro- consent and/or judicial bypass many difficult decisions, and Those who advocate parental dent of the American Psychiatric tected behaviors because an over- (where the minor female appears whether and when to have sex is consent laws have been unable to Association (1982)). whelming majority of citizens do in court to explain herreasons for one decision upon which teens prove any "compelling" govern- Homosexuality's derivation is not want these institutions com- seeking an abortion beforeajudge often act without consulting their ment interest to support denying simply a red herring. Even if promised. Homosexuality can- and other strangers) are those with parents. Just as no legislation teens access to abortion. Statis- homosexual "orientation" is not not even pretend to make this the fewest resources-- financial, could force teens to discuss sex tics show that these laws only chosen, homosexuals still make a claim. Homosexuality continues educational, and emotional. These with their parents (who could serve to endanger teens' health conscious choice to live that life- to be considered an undesirable minors are deemed unable to make imagine such a mandatory con- and undermine family integrity. style. Many homosexuals have behavior by a majority of society; reproductive choices, and yet, versation being conducive to They also fail to address the real chosen to no longer live the it was no accident that last No- ironically, those barred from honest communication?), no leg- problems behind unwanted teen homosexual lifestyle. To claim vember, California voters in Irv- choosing abortion are forced to islation can force teens to talk to pregnancies such as the lack of humans are unable to control their ine, Concord, and San Francisco face the incredibly difficult task parents about the similarly pri- availability of responsive sex sexual drives is to relegate them all rejected laws designed to en- of raising children when they vate matter of pregnancy. Some education, the apparent lack of to the level of farm animals - dorse or specially protect homo- themselves are very young, poor states, recognizing minors' right ｾｯｮｳ＠ facing teens from poor or fortunately, humans can control sexuality. and often alone. Most teenage to autonomy regarding their own dysfunctional families, and the their desires. Furthermore, people Admittedly, majority opinions mothers do not choose to place health, have passed statutes au- lack of freely available family who have sex with animals or supported slavery and segrega- their children with adoptionagen- thorizing minors to consent to planning methods. Legislation children are also "oriented" to tion of blacks, but these institu- cies, and even if they do choose treatment for venereal disease and can help in these areas, butitcan 't that behavior. Yet, society re- tions wrongly restricted people, that option, the reality is that most prenatal medical care (including create love and communication stricts their rights to commit bes- not behaviors. Societal regula- adopting parents seek healthy, Caesarian section surgery) with- between family members by forc- tial and pedophile acts by requir- tion of behavior to maintain order white babies, and many babies out parental consent or notifica- ing confidential matters to be ing them to control their desires. is totally different. Limits are born to teenage women do not fit tion. Some states have developed divulged. It becomes obvious that homo- COMllued 011 Next Po e HQStbtgs Law News Pagt!l5

fa This Week at City Hall, Feb. provide clinical experience for 10 WIIIIIIl pIOIeClion. 14,1990.) Hastings students and free lepl fa nicnace 10 dilcriminlllion Basement ａｾｴｬｹＬ＠ ｾＮ＠ ｂ｡ｬｾｷｮ＠ services the community. We ...... bomoIexuals. Dr. Roger w CtllllUulMtr- Pap 12 vicwsanyone who disagrees with thinIc that both the students and MIp...... ill bit book Are Gay While the GlI/JTdiaII did a rea· him as siding with theenemy, and the community would win under Ri,ItuRigltll.c:arecdy staleS dill lOOIbIy wcll-rcsearchcdarticleon in this case the enemy is the such a solution. "[r]eMonlble people. for reuons Hastinp' questionable relation· Hutingsadministralion. Because In oversimplifying and polar· flf deeplC8led moraIconviclions, ship with the University of Cali· we came out with an editorial izing the situation, ｾＮ＠ Balder- flflahh.flfpsyc:hoIogical Slabil· forniaa ycaraao, itscovcrage has strongly favoring the use of ston actually comes out opposing ity.flfcommon ICOIe-may Wlmt since degenerated. The follow· Hastings-owned Civic Center the provision of free legal serv- 10 like a perIOD', homosexual inl is a letter sent 10 the GlI/JTdiaII property as a courthouse and ices the people of the Tender· lifestyle into ICcouot in their w by the Editorial Board of the Law community law center, Mr. loin. decision-making, all without the News: Balderston brands us as "sll'Ollgly As for our alleged support of aIi&I*st tinge of bigocry or irra· defending the [Hastings] the Hastings administration, our Iionality." It would be more in· Editor, Bay GlI/JTdiaII: administration's stance," and editorial in fact stated that vidious if people arc forcibly ignoring "Hastings' miserable Hastings' behavior has "not al- denied the ability lOuse theae rea· It has been with amusement record in dealing with the sur· way been admirable," and that nuc...... OCCUI'I every lOIII wben makinl decisions. and disappointment that we have rounding community and its own the administration has demon- .., people .... cboIcDIlIId COKIaioD watched your COYCrII8e of evenlS tenants." ｾＮ＠ Balderston is sim- Strated ''bone-headed insensitiv· Ｍｾｾ＠ '1111= is noqUCllion thalmany at Hastings Collele of the Law . ply wrong. ity" w the concerns of the neigh- ...... _ III IdriDI bIIed 011 people who live &be homosexual Typical ofyour coverage has been Actually,theLawNews is the bortIood. We have continually ..·..... rflcbllllCll 1eA- lifestyle conlribule peady 10 our your malCrially inaccurate and fU'Sl Hastings-related entity pub- criticized the administration for ,.,...... apert. lOCicty. but tbiI is due 10 their misleading account of the news licly w favor such a use of the its conduct regarding Its proper...... die qa1icy flf ICbooII 1kiUa. not their sexual behavior. article and editorial appearing in property. So far, the Hastings ties for a long time before ｾＮＮＮＮＢＮＮ＠ Tberc are already ample Consti· the Feb. S, 1990 issue of the administration has simply re- Hastings-bashing became a lUUoaaI and lepl aafeauarda J""" diII:rImtDIIe betweea CID- Has1ittgsLawNews. (Balderston, sponded positively to a written weekly fad for the GlI/JTditua. "aaa-job reWed" avai.llblc 10 all Americans. Civil request by &be judges of &be San However, &be current lcadersbip penoaaIiI.y. out· riabIIltaIUI C!DhInc:a &be proba. ala in all areas of society. What byJiene, Francisco Superior Court 10 ex- of the College has begun to show _ .... PIIIOIIII bility IhIl tbc bebavior becomes they really want is for thcir sexual plore &be idea of housing a court· a willingness to conduct ilS busi· ｟ｾｉＧＭｬｬｩｬｉｉＮＢＧ｣､ｭｬｄｬｬｲ･｣Ｚﾭ behavior 10 be accepItd by soci· ..... house on the civic center pr0p- ness regarding its properties in ..." die ... it DOt Let', be boaeat. The aoaI of ety as a viable, alcemative life· erty. We go funbcr and call for open, public sessions, and 10 diIc:rIaaIIIIII occ:un. bomcJIexUlla is DOt just special style. The ma,jority of the popu. both acounhousc and aeenter for consider public ｾ＠ un- deemlibe pIOIeCdon; homosexuals lICe can not beexpccled 1Oaca:pl arauc public interest law that could CIIfIIiIIwtI ... Nut Pap ...... IIIvtcIaI.,... dill dIae IlIady lie bomoIexu· this. pon ive to Student and Administrative Demands a...... -1Jtt-".., dill, '"To my tnowledge, no stu· mittces. The list contained no requesled by the administration impact this year, as aevcraI com· 1dIIII..... cUak:aI ｾ＠ denlI bavc been 1IJpointed. Cer- Student Services or Admissions over the summer, and were ap- milteCl will not be meeting Ipin her finished thcirworlt ....I..... IIdI,na.dal1id. lIinIy DOlle bave 1IfIPC*UI. I Conuniuccmcmbers. Oppenheim pointed by soon thereafter. or havealmldy ...... roqu£ •• d student appointees last sent ASH another memo in Janu· According Carol Hough, &be Com· for the year. --.....,.-- Bleb com- September. by memo to Phyllis ary of 1990 asking for a complete miuee on Disqualified SlUdents Issues faced by student-fac- r.cuIty BIfth." list of student appointees. always does most of its woric Ulty commilteCl thIS school year Many students named in the during the late summer, and that included the revamping of the "_'CIIIe aaa-vaaq ICbooI RepIyin& 10 &be same memo, ...... IIIDr,.lnd.inlDOll PaoCeaor ltichanI Cunningham, November appointee list say they members were appoanted 10 this school's clinical and moot coon Oaair of !he Admissions Policy were never notified of their committee by Bursh over the programs. formulation of Commiuee. indic:1Ied his inabil· Mappointments." Second.year summer. Hastings' admisslOllS policy fol- ity 10 ucaWn &be identities of student John Kaufman, named in Bursh stated that the commit- lowang the death of former Ad- student comllliUee members by the list to the Curriculum Com- tee selection and notification missaons Director Tom Wadhng- IIOIint "How .-e w supposed w miuce, told the Law News last process has been plagued by ton, and development of a policy tnowr Qmninaham told &be week, ... was never notifaed." A "9OIRCconfusion" and 9OIRCdocu- forcoping With potential discrimi- Law NNI MardI S Ibal he was MardI 1 memo from a SlUdent mcnts which were "never re- nauon by employers paniclpat- IIiII ...... m811)' student ap- Servioesoffacc employee 10 ASH ceived." She saad that she scola 109 in the OCI program. paiaImenIs and IhIl "!he game' Treasurer JayncUe Bell says that IeUtt w the Acadenuc Dean's Bursh indicated that due w the bait rmC' Ihe Commiuee usu- Professor Joba Diamond, 0Wr offICe. However, Hough said that problems ASH had faced tbiI 'PI, aIIy.ay __ iD die r.n. m Ibe Curriculum Committee, the offICe never received any she thought that the commluee AcadeIIlic Dean Daniel J. "claimed dill neither he nor Joim commiuce infortraion until Janu· selection process should begin an LIdnpe JaW !be Law News a K.ufmaa Imcw 8Ilytbing about ary, despite IlUlking repeated reo the spring, rather than the fall. copyma.-odaIDd ADpIt 17. (biIJ beiDa 011 &be Curriculum quesu during &be fall. MI apologize for ..y problems 1989 ....ｾｭﾣ､＠ from his m· C'omm ...... " Bursh said thal ASH adver- caused by the process and WMt W 6ce 10 ASH PreIideat PbyUia Becsy Jobnaen, News EdiIOr Iiscd for committee members in correct them. If there arc still ... The...,reqaeaed tbal m Ibe Law News , IIJPIicd in the Wedtly during the early Fall people anterested in participating ASH ...... comnrilw: Aupst of 1989 for an 1IJPOint- Typically ,III ASH Commiaeeon on a rommittee, I'd love II) get _ben...... IDCIIlID Ibe Curriculum Commit- Commiuees would then make them involved. " Bursh said. LIIbnJpe '"would lIIe 10 besiD 1IeC after havin& JCnCd 011 &be c:ommiaccm:ommc:adalions but FlNANCW. Raoon1NG COM:....,...... _ ...... ｾ＠ arty ill Commiuee 1brcJu&bout!be 1988- it never 8'CJl off the ground due 10 A1so relaled 10 ASH 0pera- 89 Ｑｃ｢ｯｯｉｾＮ＠ Despite IIUIDCI'- last FaD 'seanhquate, Bursh said. tions. CoIlcgeadminisnlorsbavc die ..... _." The IDeIDO ....1Nd,.JiS ...... oas vat.laad wriaaa rcqucsIS 10 She incticaJcd dill the Committee been insasting Ibal ASH diJclole ... procedaes for 1eIect· .. ASH officer for a lqIIy II) bcr 011 CommillCCS has DOt yet met. their records for their expendi- ...... ccn- ...... _ .., sberec:eivednolqlly bul"aJUId meet ifIbcrc were any tures of approximalely $22.000 ...... p DinaJrms.- .-iI Marda S, wbaa sbe was iD- weandes" in funds during the put rascal Bursb also poinIcd out ...,Ou t ·.1DId foImed .... sbe bad been lIP- thal year. Bursh bellCVCStbatadmin- ,., NttW ... week tbal poiIed II) Ibe S..... Scnica ASH adminislralive functions istrators will also attempt 10 have 1IIIId&hea_._ompIcIe C)w'Pinee, a posiIioa in wbicIt bave been baM;' "ipcd by the all ASH checks Mgo through the af,...... eap ea £ d 110 inIc:Iest. aa-,c ma Seaaary. College." This, says Bursh, may Blab IOId Ibe LtIw News 011 Willa lea ..... eaght weeks left give !beCollegemoreconlrol aver MIn:Ia 4 dllllOIDC mmmi...... in Ibe 1CIDCSfCr, &be March 5 lip- &be operations of ASH . ."...... adicr"" ..... ia pai... ea&s may have come 100 According 10 Hastings Chief die ...... _1IICIBben wae .. for IIIIdcI8 II) bavc a policy c-ti_..-.. P.e 22 Page 16 Hastings Law News March 6,1990 Franklin Recounts Historical Civil Rights Legislation Basement Conlinuedfrom Page 12 By Christina A. Dalton individuals. Addressed to a case not merely a matter of equal whether the merits ofRunyon had COpy EDITOR of racial discrimination in private protection under the law, but was that fairness requires us to cover existed the previous year, when school admissions, the decision aimed at the full range of this change. Speaking at Hastings February the Court had chosen to order was a landmark in the area of ci vil discrimination, by state laws and Mr. Balderston complains that 22, historian John Hope Franklin argument on whether it should be rights law, as opinions in the years private individuals, faced by we termed his coverage "shrill." denounced what he described as a overturned. following Reconstruction had freedmen following the war. To be more accurate, we believe it trend in the United States Supreme Speculating on whatinfluence, held the statute barred only Citing the debates of the Joint has been misleading, inflamma- Court toward eroding venerable if any, the outcry surrounding its contractual discrimination by Congressional Committee on tory, and sensationalistic. You civil rights protections for reconsideration ofRunyon had had public entities and state laws as an Reconstruction prior to the have reported that Hastings was American citizens. on the Court's decision to reaffirm equal protection matter. passage of the 1866 Act, Franklin going "to destroy over 300 units The featured speaker at it, Franklin noted that Kennedy's Last term, however, the noted concern in Congress over of low-income housing" and Hastings'seventhannualMathew fervent praise of the decision last Supreme Court heard argument abuses by private white "level an entire city block," when O. Tobriner Lecture, Franklin is a term "sounded much like the briefs on the issue of whether landowners of the rights of former in fact Hastings was planning to Professor Emeritus at Duke Runyon submitted in favor of Runyon." should be overturned. The move slaves, and pointed to worry over demolish four 60 year-old build- University School of Law and the However, Franklin said that such came in the context of the notorious "black codes" that ings which had been vacant of author of works on black history Pal/erson an interpretation of the Court's a case implemented a virtual system of residents for over a decade and and the South in the years v. McClean Credit Union, behavior "if tempting, is also involving a black clerical worker apartheid in Southern states after which sustained severe structural following the Civil War that have revolting. " who sued her employer, a North the war. damage from the Oct. 17 earth- become standards in the field. Although itreaffmnedRunyon Carolina credit union, under Franklin listed vivid quake, according to a written Titled "The Civil Rights Act as aremedy for private contractual section 1981. Patterson alleged illustrations at the hearings of report by civil engineers. of 1866 Revisited," Franklin's discrimination, the Court that unfair promotion practices measures taken by former Further, we fmd it ridiculous lecture reviewed the history of an simultaneously restricted section and on the job harassment had slaveowners against freedmen early federal civil rights law 1981 's scope by holding that the [Bay Guardian reporter] violated her right to make and after the Civil War, including enacted in the wake of the Civil guarantee ofan equal right to make Mr. Balderston complains enforce a contract ofemployment physical violence, price-fixing, War - and took the current and enforce contracts did not cover In its grant of review on the exorbitant rent and food prices, that we termed his cover- Supreme Court to task for its racial harassment in the workplace issue of whether section 1981 and lifetime contracts. "There is age "shrill." To be more recent willingness, in Franklin's - a ruling that garnered strong covered harassment in the no question," said Franklin, of view, to narrow the scope of the disapproval from Franklin, who accurate, we believe it has workplace, the Supreme Court Congress' intent to regulate law. called it "most difficult" to been misleading, inflam- delivered what Franklin called a discriminatory conduct by private Enacted by a Reconstruction- reconcile with historical evidence matory, and sensationalis- "distinct jolt" by announcing sua indi viduals. era Congress , the Civil Rights Act as to Congress' intent in passing that it wanted to hear tic. of 1866 gave all persons born in sponte Franklin said that Runyon's the 1866 Act. argument on whether to overturn supporters had also insisted that the United States "withoutregard Franklin bluntly linked the that the Guardian would actually Runyon and render the statute overturning the decision would to previous condition of slavery Court's new willingness to publish a minute by minute ac- inapplicable to discrimination by or involuntary servitude the same countermand the doctrine of stare reconsider Runyon to changes that countofhow Mr. Balderston spent private parties. right to make and enforce decisis, which holds a considered have taken place in its composition his morning stalang out Hastings; contracts, sue and be sued, be As Franklin noted in his court decision to be binding since the 1976 decision, noting really, we don't care when he parties, give evidence, inherit, lecture, the Court's decision to precedent in subsequent cases on that the 5-4 decision to reconsider went to get a donut, and doubt purchase, lease, sell, hold, and reconsider Runyon provoked a the same controversy. Franklin Runyon included Runyon's two whether anyone, including the convey real and personal "veritable firestorm" of cited the amicus papers filed by dissenters, Justices W/lite and homeless, who he claims torepre- property ... as is enjoyed by white controversy. Franklin stated that dozens of state Attorneys General Rehnquist, and newcomers sent, cares either. citizens." it was dubious whether the Court calling the reconsideration of O'Connor, Scalia, and Kennedy. Mr. Balderston asks: "What According to Franklin, the law could have anticipated the Runyon an "unnecessarily In Franklin's view, it is are they teaching these kids any- was preserved by Congress when "outrage of the legal profession provocative" challenge to "not Runyon's supporters, and not the way?" (We can only surmise that it gave federal civil rights laws an and much of the socially sensitive only the soundness of the 1866 five Supreme Court members who he is referring to Hastings stu- overhaul in the Civil Rights Act portion of society" over the Act but the efforts of vast numbers voted to reconsider the decision, dents.). Well, one thing taught to of 1874, and survives today in the decision. It touched off a wave of of citizens and lawyers to fashion who reflect the country's law students is how to write as an form of 42 U.S.C. 1981, which demonstrations, mail campaigns a more constructive response to orientation on civil rights issues. advocate to put facts in the best gives all persons an equal right to and amicus briefs comparable to the problem of race in the United Nevertheless, Franklin deplored possible light to advance one's make and enforce contracts. that surrounding the Court's States." what he saw as a new insensitivity own argument. Mr. Balderston Describing the law as a deliberations on the issue of The Pallerson defendant- in the Court to civil rights has demonstrated some skill "veritable bulwark" of civil rights abortion in Webster v. employer and supporters claimed concerns. "It seems a pity," he himself at this type of writing- protection, Franklin cited Reproductive Services. on the other side that Congress said, "that the lawmakers of 1866 unfortunately, he tries to masquer- transcripts of Reconstruction-era Franklin said the Court intended the Civil Rights Act of were more attentive to the rights ade this work as journalism. debates among Congressmen received hundreds of amicus 1866 and its descendants merely of freedmen than the Court was to concerned with writing laws to, briefs urging it not to overturn as an equal protection guarantee the rights of black Americans in WE'RE ALL IN THIs TooE1HER Franklin said, "ease the difficult Runyon, including briefs from all barring only public, state- 1989." transition of African-Americans but a few ofthe nation's Attomeys sponsored racial discrimination Mathew O. Tobriner accepted In her letter to the editor in this from slavery to freedom in the General, 65 Senators and 118 in the making and enforcement of an appointment to the Hastings issue, ASH President Phyllis post Civil War years." members of the House of contracts. The 1866 Act, they say, faculty following his retirement Bursh calls for student organiza- Franklin noted that in over a Representatives, and 116 was meant only to ensure an equal from the Supreme Court of tions, ASH and the Law News to century since its enactment, the organizations including the legal capacity, and did not mean California. After his death, work together on student con- cerns. With such major issues 1866 Act has been protected by American Bar Association, the the Act to reach to purely private Tobriner's family and friends currently confronting the student Congress and approved of in the American Jewish Congress, the acts such as refusal to enter into established a fund to memorialize body as the student director legis- Supreme Court-that is until the NAACP, the Anti-Defamation contracts. the jurist in an annual lecture at Court·s decision two years ago to League of the B'Nai Brith, and In a decision penned by Justice Hastings by a distinguished legal lation, I could not agree more. We look forward to working with hear argument on whether a key many others. Kennedy, the Court ruled in the scholar or other prominent ASH and other student groups interpretation of the statues should The debate over Runyon Pallerson case last term that personality of national reputation. and to President Bursh's leader- be overturned. centeredontwothemes: theintent Runyon would remain law, calling The first six lectures in the series ship on important student issues. Decided in 1976, Runyon v. of the Congress that passed the it "entirely consistent with our featured Judge James Skelly McCrary held that 42 U.S .C. original civil rights legislation society's deep commitment to the Wright, ProfessorLaurence Tribe, after the Civil War, and the eradication of discrimination MR.CLEAN section 1981 'sguaranteeofequal Justice William Brennan, (AIRLINE CLEANERS) rights to make and enforce doctrine of stare decisis. based on a person's race or the Anthony Lewis, Dean Barbara The Pallerson plaintiff and color of his or her skin" - PROFESSIONAL ONE·STOP CLEANERS contracts could be used as a Black, and Justice Harry DRY CLEANING ••• EXPERT ALl£RATIONS remedy for intentional racial amicus supporters insisted, as does glowing language that prompted Blackmun. FINIISHED LAUNDRY _. WASH'N' FOLD Franklin, that the 1866 Act was Franklin to wonder ironically discrimination by private 116 Hyde St. (near Golden Golo) n6-1856 March 6,1990 Hastings Law News Pagel 7 ew Student Bill En Bane Editorial ColllUtllHfrolll ｐＮＬｾ＠ I Petris withdrew his objections Wanted: Better General Counsel 10 the Knoll Act, and the Senate ICIlting such special interestS as COllli/lludfrom Pagt 12 have other troubling com:em . The fltSt is Rules Committee voted unani- the California Escrow Associa- Ms. Khachadour's treatment of tudents has that. in ouropinion, M . Khachadouri sorcly mously 10 confirm Channell to lJon and a California association been, in our opmion. equally disgraceful. Stu - lacking in the dipl mau III ne e sar)' to the Hasting Board. for archileClS. The firm receives ､･ｮｬｾ＠ have complained 10 u of rude treatment the aHomey for a major ･､ｵｾ＠ Ilona I in Utu - KIIAOlAOOUR: "SIIl.Y" PAReI.-rAL an annual relainer from the Col- In requesting help regarding residency qucs- lion. Again and agwn , ｾ＠ . Kh had ur has Lp.AVECASE lege. The firm was hlfed at tions. She I quoted in a ｾＱ｡ｲ｣ｨ＠ 1989 arucle 10 proven to be a "loose cannon" on the Hasllng The confirmation heanng was Khachadour's behest last year The Recorder that providing ervices to a dec k, publicly makIng III-conceived, La t1 not without lively debate and tcs- after she disml sed Hastings' then tudentwho was deaf was a "drain on Ha ling' needle Iy inflammatory comments in legIS ' timony. Peln asked Channell lobby I t, a spcclah t In educa- fCSources. " lallve and Ir.tervlew contacLS that can't help sharp question regarding lIonal policy. Khachadour, who What' more. litigation in which the College but reflect poorly on the . hool. • '0 mailer Hasting , role as a landlord and I respon 'ble for direcung the has been involved. in our opinion, might have how good her inLCmion may be, thl offen- College' Iobbyingactivllies,also ｉｬｾ＠ martagement of its Civic Cen- been prevented if the College had a General iven s I detrimental for thc ollege:. ter property. Channell testified refused 10 comment on what 10- Counsel better able 10 deal with the tudenLS and Finally, we M . Kha(.;had ur a a re- that the Board wa "acutely lrucuon were given 10 Simoni the commnunity. Actions brought by the tu- mwnlng vesu e of th vmdictiven and aware" of its respon ibility to the regardmg representation of the dents last year ovcr the Collegc' in n itive arrogance of the Dobbs era. B fore com Ing 10 school and the commuDlty, and College' po ltion on the legl la- handling of the asbcstos problcm ,and the litiga- Hastings, Ms. Kha hadour was emplo) ed by uon "Idon'thavetocommenton "would not disregard these groups tion brought by thc City 10 the wake of th BlucCross,on who board former Chairman in its plans for the property." that," she IOld the LawNews,and College' arrogance in dealing the the city and Dobb sal Hand-. ICCllng Ms. Khachadour Petris tatcd that he was "di - then asked whetherthc Law New commuDltyoverWestBlock pemlts. otall of was one of the la,t acts by Chwrman Dobh satisfied" with Hasting' parental had spoken to "that lillie this Iitigauon may have been preventable, but before he left the Board after It ,,:as revealed leave policy. Channell asked blgmouth," and identified a legis- we believe that someone beucr able to mteract that he had misrepresented hi' role In the Khachadour to respond. laLive SIaff member. tactfully and sen illvely with student and com- mlsappropnalion of scholarship funds. Khachadour ecmed to raise eye- ClIANNI!IJ ONJolRMAll0N CI.EARS munity leaders might have been able to use co- For these reason we urge the replacement brows among the SenalOrs by WAY operation rather than confrontation. While the of Ms. Khachadour With a new General Coun- asserting that "the Legislature's 1be path for the introduction College has been unfairly attacked on We.t scl-<>ne who i re pcctful of student! . faculty parental leave policy is not as of A.B. 3397 was cleared upon Block issues, we believe that better legal coun- and the community. ow more than everlhc generous as our [Hastings']." the vote to confirm Channell as a sel would have worked toward disclo ure and College need a Gcn raJ Counsel", hocan re- Khachadour also mentioned "that Hasung D\fCICtor by the Senate cooperation. storea enseofaccountability and intcgntyof illy case," in apparent reference Rul ommillu on Feb. 7. While we find these pccific concern more the College. to a dispute between the College Under the Knoll Act of 1980, the than adequate grounds for replacement. we Senate vote whether to confirm and Professor D. Kelly Wei burg Directors nom mated by the Gov- over the College' application of ernor. 1be bill w passed In its parental leave policy. Such an amendment would make 1980 10 repl a self perpetuat- Parenial Hastangs gadfly Gary the Act's proVI ion permi Ive 109 sy tern 10 wh h the Board Michael Coutin, who h made a m order to try to deal With the ratled any vacancy occumng in its career out of uing the College, possible Constitutional problem . ran . was pre ent in Sacramento 10 "We may have to put methm 1be haracterize the Senate' act of inaholdingpaHem,"byantrodu - confirmal1on of any Ua ting ing a bill and iumg on It and DireclOr as "uncon tilutional, d- deciding what to do with II, legal and corrupt." R ponding, Mahoney indicated. BOARD COM.\IrITEE To B Rtsponding, Stnator Fo MED Htnry Mtllo said 10 MAhoney told the Law News Coutin: "You ought to be that he mtemled to ｾ＠ k th Board disbarnd. ... 1 am di - at its 1arcb 9 meetin to form a maytd tlultl IuId to sit commlUee, com of Board members and ",ell as tud nt htrt and Ii ttn to you." and a faculty member, to I mhmbo erlalor Mello 'd 10 Coutin: 1010 potentiallegi latJ n regard- At the F b. 7 "You ought to bedisbarred.... your 109 Hasung . Potential I I la- ommlUee hearing, i.e I Iauv charge are off the walL .. I am lion, cordan to 1ahoneycould Cou I 8I0Il Gre ory appeared disma ed that I had to sit here and mclude proVlSlon for th u- to retreal from hi earlier POSlllon listen 10 you." dent and faculty dtreclO . Also, regardin the uncon tatutaonallty COU£(lfJ ATTF.MPT To REPEAL theCommlllceml ht "ad the of the Kno A t. Gregory testi- }() Acr ConsulUUonai ie," Wioney fied that the Knoll Act remalDed Simoni has been ted, butlndlC81cd that he had valid and binding law m Califor- Uators to antroduce legl uon to Uno preconoeivcd idea as 10 how nia until a Court overturned It, o enum the Knoll Act of 19 O. any of th ou ht t and pressed doubt as 10 whether ac ording to legi lative taff plishcd. a ourt would rule It uncon ti tu- members. The affect of a repeal The f< ulty oted unarumou Y tionaI. (He a1 stated that a re- ofthe Knoll Act would be tocliml- t fall to upport the idea of search paper on the legal hi tory nate the leg' lau\'C1 mandated reaung a faculty dIrector of Hasting prepared by thl re- public appoinnnent proc: to the uon.accordingtoProfcssorKelth porter, and on which the article in Board. and m e thi proc Wm te, Chatrman of the Fac- the recent Founders Da edition permi i e or optional. Ulty Exc:cutive Commiuce. ' e of the Law News was based. did Khachadour claimed that he are I ng forv.-ard 10 ha In a not convince him of the Constitu- "authorized no one to 0 crtum faculty reprcsen tabvescrveon tionality of the Act.) the 1980 legislation." When ed ommiuee and to workin ,th Gregory's comments ha e whether' the College was seeking the Board to create a t I ty d.i- Dcrlt throw US a\vay been interpreted as essentiall a to repeal the 1980 act, he tated. rector position," Wmgate staled. reIre8l from hi position thal the "Not tto8l I know of," '"I'm solidly in upport of " Knox Act is unconstitutional, However. Mahoney stated that havmg student and faculty direc- wiIbout .wining he was origi- the College was poeentially inter- tors," Mahoney Staled. "It would arc ASSOCiatiOn for Retarded CitIZens naDywrong. ested in amending the 1980 ACL be a good thing for the College." Page 18 Hastings Law News March 6,1990 Critical Legal Studies Answers Call for Progressive Voice in the Law est in their project spread and the of the faculty sympathize with the upon the logical rigor of strict guidelines to the judge who must By Paul E. Jahn movement soon became formal- movement's beliefs.' GUEST CONJlUJlUfER legal methodology. Rather, they choose between conflicting legal ized. The Conference for Critical These scholars, often known argued, the law is inherently inde- rules. In 1977 a group oflaw profes- Legal Studies (CLS) has met an- as "Crits," place themselves in terminate; that is, the law does not While em bracing the doctrine sors, united by a commitment to nually over the last thirteen years the flow of the American legal dictate a single objective solution of legal indeterminacy, CLS progressive politics, gathered in and perhaps a hundred law pro- tradition by acknowledging their to any given factual situation. The scholars challenge the adequacy Madison, Wisconsin to discuss fessors from throughout the coun- debt to Legal Realists such as interplay of common law rules, of the solutions proposed by the their frustrations with mainstream try are members. At several law Karl Llewellyn and leromeFrank. statutes, the Constitution, and the Realists and their heirs apparent legal ideas. The meeting spawned schools such as American, Car- Writing in the 1920's and 30's, canons of construction allow a Social policy of whatever form, a number of books and law re- dozo, Harvard, Miami, New the Realists refused to accept judge to fashion an acceptable the Crits assert, yields outcomes view articles critically examining England, Rutgers-Camden, S tan- theories that guaranteed certainty legal rationale to justify any of a no more certain than legal reason- accepted tenets of legal practice, ford,SUNY/Buffalo, UCLA,and in the law by positing the exis- variety of outcomes. The impli- ing and is just as easy to manipu- philosophy and education. Inter- Wisconsin a significant number tence of natural law or relying cation of this view, as the Realists late. Robert Gordon, a Stanford frankly admitted, was that judi- law professor, asserts, "Legal cial decisions were premised on discourses are saturated with cate- CLS Comes to Hastings College the unstated assumptions and gories and images that for the Gabel and Angela Harris. Gabel, critical legal studies movement, biases of the judiciary. most part rationalize and justify By Paul E. Jahn president of the New College of but none are organizationally The Realists turned to social in myriad subtle ways the exist- GUEST CONJlUJlUfER California's School of Law, will active. She cites Harvard, Stan- policy analysis as a way of tying ing social order as natural, neces- As part of a new symposium give a general introduction to ford and Wisconsin as examples the blindfold back over justice's sary. and just." Dworkin's set of organized by Hastings students, a critical legal studies, covering the of campuses where the movement eyes. In considering each case, fundamental rights and Posner's series of speakers will be at movement's history, its views on is well represented. Schultz notes, the Realists proposed, the judge view of economic efficiency are Hastings this month to present methodology, and current debates however, that the student body at should recognize the flexibility examples of categories that are alternative theoretical approaches within the movement. Gabel Boalt is keenly interested in alter- allowed by basic legal rules and not, and ought not to be consid- to legal analysis. The speakers helped organize the first Confer- native forms ofjurisprudence. The base her final decision on a care- ered, absolutes free from political represent a variety of different ence on Critical Legal Studies, organizers of the series believe ful examination of the facts and dispute. In a democratic society, viewpoints, including the critical which united the movement's that the same is true of Hastings the social policies at issue. As it is impossible to discover an legal studies movement, feminist most ardent practitioners. He is students. Morrow intends the Llewellyn concluded in The autonomous set of policies to ra- legal scholarship, and critical race generally considered one of its series to form "the beginnings of Common Law Tradition, "natural tionalize (and thus depoliticize) theory. the law because every policy is A group of Hastings students subject to referendum. organized the series to broaden A considerable amount ofCLS the scope of legal philosophies Critical '··' Legal .Studies scholarship is dedicated to de- that students are exposed to dur- .. ｾｾ＠ .' - ｾ＠ ｾ＠ bunking the law's claim to uni- ing their three years in law school. versality and criticizing its ideo- Said series organizer Beth Mor- Symposium at· Hastings logical biases. Gordon outlines row, ''These views are not strongly several methods that characterize represented here, but they are a Wednesday March 7th, 4:00 p.m. the CLS approach. Among them part of the changing face of is a technique called "trashing" modern day legal theory. It is as Wednesday March 21st, 4:30 p.m. by the movement's adherents and important that students learn about critics alike. This method involves these approaches as those of the Both Sessions will be held in the New Commons demonstrating that the apparently Law and Economics School, necessary conclusions of most whose views are considered in legal discourses are actually con- virtually every Hastings class." tingent. This is often done by The series will take place in preeminent figures. Boalt Hall an alternative curriculum" for law ... is not a creature of mere attacking arguments on their own two installments, moderated by Professor Angela Harris, will these students. reason, but rests on the solid foun- terms, showing that they are based Hastings Visiting Professor Fer- expand on Gabel's introduction The presentations will be in- dation of what reason can recog- on contradictory or incoherent nando Teson. The first, March 7 by examining feminist approaches troductory, and no background in nize in the nature of man and of premises. For example, Gordon at 4:00 p.m. in the New Com- to jurisprudence and critical race critical legal studies is expected the life conditions of the time and takes the basic premise of neo- place ...... mons, will feature Marjorie theory. An additional speaker, of attendees. While Hastings classical economics - that hu- Shultz, a professor at Boalt Hall, yet to be announced, will join professors will not be formally Since the advent of Legal man beings are rational self-in- and Stanford law professor Wil- Gabel and Harris at this session. responding to the speakers at the Realism, several schools of terested maximizers of their sat- liam Simon. Titled "Political While several Hastings pro- sessions, the series' organizers thought have built upon isfactions. Possible critiques he Perspectives on the Law," the fessors touch upon the work of expect lively debate and encour- Llewellyn's optimism by substi- suggests are: session will focus on the law of radical scholars in their course age those familiar with the issues tuting more elaborate systems for corporations and contracts. By syllabi, the students who organ- to attend as well. Morrow be- his general theory of social real- ... that the model is vacuous focusing on topics that are famil- ized the series were concerned lieves that the debates fostered by ity. Ronald Dworkin of Harvard (it tells you that people iar to students, the organizers hope that Hastings faculty members are the series will carry over to the Law School, for instance, has "want" everything they get); to throw into relief the differ- themselves proponents of these classrooms of Hastings. To fur- attempted to ground the legal that when the model is given ences between conventional legal views. When they solicited ther inform these debates, the system by identifying fundamen- concrete content, it is obvi- analysis and more radical ap- Hastings professors to participate organizers of the series have tal rights inherent in liberal soci- ously wrong (people are of- proaches. in the series, the students found placed a file of critical legal stud- ety. Such rights underlie the legal ten irrational oraltruistic) and rules relevant to each case and Shultz, though wary ofpigeon- that none of the faculty felt they ies materials behind the circula- too narrow (people want self- should be turned to, much as the holes, describes her views as those could adequately represent alter- tion desk of the library. The fIle worth and the esteem of oth- Realists suggested, to arbiter of "a feminist." Her presentation native perspectives. MarieKelly, contains representative articles ers as well); that there are uncertainties in application. Rich- will focus on how the theory and an organizer of the series, said, from each of the participants' fatal ambiguities in the no- ard Posner, formerly of the Uni- practice ofcontract law is skewed "We wanted students to hear these work and a bibliography. tion of choosing selves (per- versity ofChicago and now ajudge by sexual politics. Simon's per- views presented and defended by The organizers hope that the sonalities are divided in their people who really stand behind on the Seventh Circuit, takes a specllve is closer to the main- series will become an annual event desires, desires change over to different approach, but one still stream of critical legal studies, them. We had go outside of and already have begun inviting time, short-term desires are Hastings to do that" consistent with Legal Realism. concentrating on problems in the speakers for next year. Among often destructive to long-term A similar situation exists at Posner suggests that the law's philosophical underpinnings of those scheduled to attend then is selves); that the individual- fundamental purpose is to maxi- accepted legal theory. many law schools. Schultz points Stanford law professor Mark ism of the model is a cultur- out that several faculty membeis mize the efficiency of our econ- The series continues March Kelman, who will speak on crimi- ally and historically specific 21 at4:30 p.m. in the New Com- at Boalt are "politically and intel- nallaw. omy. Thus, the tenets of neo- mons with presentations by Peter lectually empathetic" with the classical economics provide finn Collli,.. ud 0,. ｐｇｧｾ＠ 2J P.19 ot to be Covered by Student Loans Environmentalist to ...... IIIP'k IIt'mI FdacaIion'snew '"iD1iCI'pl'et8Iion" for bar review courses lIlywhere Speak at Hastings fat nIIicIencieI sbouId ..., be severely cunai.Is •• from theirfU'Slthrough third yem On lblnday,MEh 22.1990, aduded from ...... siace In Jane, a group of CaIifumia of law school. Tbe fee to take the The Environmc:ntal Law Society .... do DOl diIa:dy rea. 10 law ICbool financial aid pofes- bar exam must be paid in Much and The Dickinson Society of ....._ ...c:oaneofllUdy." sionIJs pahered 10 aaempt to of their third year. The cost of Intemaliooal Law. incoopcration o-dia 1965 ...ameaded ova1III1I Ibis inIapnWion ex- taking the California barexam for with the Office of the Dean, will ia 1986, .... Act defiDea die cost eluding the alIowInce for the bar first time applicants is currentl y ..., sponsor Professor Julian Juer- ...... ollll ""'euCUitDl.lOOIIland reviewlDdexamcosu. Atameet- but has pr0- ...... 01 ... $455, there been • gensmeyer lID speaIt on campus bon, boob, iUppIiea,lDnIpOI'- iDg aaendcd by Advisors from posal by the Commiaee of Bar _...... ,::-;: about the emerging issues in the .... IIdoD, IIId "milCdlaneous per- 8oalt, Davis, Santa Clara, Examiners to increase the fee to field of international environ- ....e:IJIOI*I." Tbe Act further McGeorge IDd Hastings, includ- $510 ...... mental law . Juergcosmeyer is an ...... 'I1IeDIpL ...... "nodIiag ia Ibis J*l ingMs.McRaeandHaslinp'cur- "It just doesn't mate sense. " intemationallyrmownedspccial- ...... ted .... roricw IballbeinlapreledulimiIiDgthe rent financial aid direclOr, Cary says Ms. McRae "10 lead. person _01 .... _ ist in environmenlallaw. He is an llliJityofdle IlUdentfinancial aid Bennet,. commiace was formed all the way up the educational expert in agricullurallaw and the "'mini...... lID make neces- 10 draft a leaerllDWiUiam Moran, stairs and then abandon him at the ...... author of a casc:boot on Com- _ ._IIIIIIII II» tile ." ....lIIC'JIIts 10 die cost of DireclerofSlUdentPinancial AJ- top before he takes that very last panllive Land Use, Natural Re- ..ｾＬＢ＠ • provision which sistancePrognunsfortheDcpart- step." In leStimony hearings for ...... _1 __ -'I1IeDeW ｾｹ＠ sources and Environmental Law . - bu Jiven fiDancial ment of Education raising the the Dept. ofM held in Novem- .....__ ...... 01 He is particularly inliClCSled in the lid MminiIInIon pat diJcre- advisors' objections to the new ber 1989, Ruth Lammmen- ....., power in IeUiD& IlUdent "ineerprewion." environmen&al issues affecting de- ｾＢＢｉＢＧＭ a.um Reeves, the Director ofP"manciai veloping counlries. Currently a __...... ·pnJjeClIedfi. aoeds 1IIDdIIdI. Among the issues raised in the Aid at Georgetown Law Center, professor at the University of AcconIiaiIOHMIinp' finan· leaa' was the conccm that this sttesscd the samepoinL She SIaIed ...... Florida. he has also taught m c:iII • .tviIor Maureen McRae, limilalion would hit hardest at the "To prepare a student for a career France and Ethiopia. IIUdent tbeIe ...... ｢｡ｾ＠ vIIried from low-income students with the and then stop short of allowing Jucrgensmeyer wiD be speak- ri&id ...... 1OIIIe ICboois 10 highest loin debt and the lowest that student the small additional ing at 3:30 pm on Thunday, MIR:h • maaey·fJowiDg "Club Meet" at available resources, and often amount ofmoney needed to cover 22nd in the Alumni Reception odIen 1IJIIIOIICh. Despite the repreaentingdisadVll\tagedback- the cost of obtaining the essential Center. A reception wiD follow poteDtial for iocoosistencies, grounds. credential is 10 ensure penonaI thetaJklOgivestudeatsanoppor- bowever, tlaibIe slandanls allO A scc:ond concern was that and financial failure of the poor- nmitytomeetJlICIJCIISIDCYerper- allow finInciaI aid advisors 10 while bar review and exam ex- est students." sonaIly. He will also be guest lec- IIIiIor fiDMCiaI aid IJKbges to penses II'C IeChnicaIly for "post the of nus far, Department turing in classes. More informa- thelpllClal c:ircumS1Incesof indio enroumentlCtivities," these costs Education has not found these tion will appear in the Hastings viduallIUdenIs'aoeds alatilude are incuned during a student's arguments persuasive, rigidly Weekly. ｾｾＡＡＡＡｾＡＡｾｾｾｾｭｾｵｾＲｭｾ･ｾｾｄ･ｾｰｾ｡ｲｾ｢ｄｾ･ｾｄｴｾｯｾｦｾｾＡＡｾｩ＠ ｓｬｕ､･ｮｴｳ｡ｰｾ＠ ｃｾｉｎｉｐＮＬＮＲＲ＠ We've Just Taken The Guess Work Out of Bar Review

...... SYMPOSIUM 0 Kaplan-SMH is taking Bar Review into the 1990's with our Exclusive LEGAL PRACTICE Computer Diagnostic Analysis (COA). Until now, studying for the bar exam has been a ｧｵ･ｳｳｩｾ＠ game for many students. KapIan-SMH is providing this sophisticated ､ｾ＠ tool to all of its students, as an integral part of our OPE 1992: rlVl8W course. Now, we not only teach you the law and give you lots of practice, WI analyze your practice by computer and give galls ues Affecting you detailed diagnostic pdntouts showing which subjects U. B 'ne es and Professions need more studyl The CDA: 0 Identifies the core slbjects you are strong in; aturday March 24. 1990 o Shows you the major topics and subtopics you tinp CoUeae of the Law should study more, and refers you to the study matIriaIs where those topics are c:isa 1SSed; Md o Helps you lYoid wasting time on the subjects and topics you already know.

uppcalMlit, b law ...... --8C)'S, For details, call1-800-950-PREP, ...__ ... d ..... I .._ ••lOiIIIeIw::t ... • dlechaP..- ...... Ccrz oa ..... ia 1992. ｾ KAPIAN-ｓＱｉｉｍｬｉｉｩＮ＠ SMH BAR REVIEW SERVICES Page 20 Hastings Law News March 6,1990 Faculty News Hastings Corrals Two New Members to its Expanding Stable of Faculty By Betsy C. Johnsen In addition to his civil practice from site supervisors, and inade- basic education." by them for personal reasons. NEwsEoITOR specialty, Professor Boswell is an quate classroom preparation. Moulton is perhaps uniquely Professor Schwarz expects the expert in immigration law and Moulton hopes to remedy this with qualified to provide the leader- Committee to concentrate in this In an expansion of the Hastings will teach courses in that area her goal of "a really gcod clinical ship in developing the new pro- area in its work next year. curriculum, two faculty have been next year. According to Profes- program, with a focus on lawyer- gram. This January she received Other Faculty News hired to implement a new clinical sor Stephen Schwarz of the Fac- ing skill and practice." She is the annual award for Outstanding Additional faculty will be program. Beatrice Moulton, cur- Ulty Appointments Committee, now developing specific clinic Contributions to Clinical Legal visiting next year to replace fac- rently occupying a staff position Boswell is looking forward to locations where students will Education from the Clinical ulty on leave or sabbatical. Joan as Director of Clinical Instruc- returning to California. Boswell, receive extensive feedback from Lawyer subsection of the Ameri- Hollinger from Detroit Law tion, will move into a full time who is African-American and practicing lawyers. Simultane- can Association of Law Schools, School will teach Family Law; tenured faculty slot beginning in speaks Spanish fluently, originally ously, students will attend a heavy and is the co-author with Gary John Hicks from Tulsa will teach the fall of 1990. From that posi- comes from Los Angeles. classroom component with simu- Bellow of a textbook The Law- Wills and Trusts; RobertFletcher tion, she will continue to develop New Clinical Program lated client interviews and depo- yering Process. She received her will return to teach Community an expanded Civil Practice Clinic The impetus to change sition taking, to parallel and track LL.M. from Harvard and her J.D. Property; and an offer is out to to replace the current Civil Jus- Hastings' clinical program stems what students are actually doing from Stanford, and has also taught Joyce Hughes, currently a profes- tice Clinic. Working with Moul- from ABA disapproval of the on the job. Although next year's courses in Alternative Dispute sor at Northwestern, who will ton will be Visiting Professor current program, which allows program will be limited to four Resolution and other legal skills, teach Evidence. Richard Boswell, who is now variable credit at a wide range of sites, Moulton plans "all kinds of as well as traditional substantive Current Hastings professors tenured at Notre Dame Law sites. According to Moulton, clinics, including environmental, courses. who will be unavailable during School. He will assist her in set- Hastings was behind the times and civil liberties placements," The criminal practice clinic is the next academic year while they ting up the new program and will with its "free farm out" program. once it is in place These will be expected to undergo a similar teach at other schools or do re- teach the Spring course in civil There was a lack of supervision, tied to a variety of classes and process of revamping andrestruc- search include Professors Bird, practice that all students enrolled she felt, with some students re- involve a greater range of adjunct turing in the near future. Offers Lind, Sundby and Weisberg. in the clinic take concurrent with porting great experiences, and and full time faculty. Moulton's made by the Faculty Appoint- Professors Lathrope, Prunty, and their on the job experience. A others terrible ones. In its 1985 goal is that "every student should ments Committee to two practic- Whalen are also planning to take third new clinical faculty position evaluation of the program, the have the opportunity to train in ing criminal lawyers to set up a sabbaticals of a single semester remains unfilled. ABA noted a lack of feedback lawyering skills as part of their new clinic program were rejected next year. ｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＬ＠

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Thursday. March 8th 8:00 P.M. For a catalog containing detailed Tickets are SS In advance or S6 at the door. information and application forms, write: 21 lind o ... er only please. Graduate Program in Banking Law Studies Morin Center for Banking Law Studies Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215

or call: 617/353·3023 HastiIt,s Law News Page 21 Down to the Truth of It: Exxon ColllilulMJr- P.,w 13 peak in the Japanese Legal System it hurts most: the pocket book. Exxon will probably be allowed "IruIb." laws. clearly on the Japanese himself bowing to voters (the to use the cost of its clean up The J8pIDCIC have a specific boots. are in fact simply not 0b- Japmese IIDSWCI'IO the politician' s effon (nearly $2 billion) and vocabulary 10 deIcribe IhiI di· served. They 1ft swed but DOt major dilemma, what to do when compensation to individuals who In J...... in Alna'ica.1nIIh cholomy between real bUth (what meant to be enforced. While it is you want to shake IwIds with 100 were damaged by the spill as a tax II ... ,au Indy believe. wtw is meant). and SupcrfICW"lrUth" true that IhiI can happen in our voters simultaneously because deduction. To allow Exxon to ,au bow ill yourbelrtlObe wtw (wJw is said). When. for ex· country in the case of an obsolete you only have two minutes) and receive an economic benefit un- ....y II: AmericIaa IDd J.... ample. the President of a Japa. law (the Arizona law that camels paying for their panies. der these circumstances reduces _ ....ddlbaicdofinilion or DCIC company makes a swement may DOt be ridden on Sundays is The law limits the amount of the effectiveness of the punish- InIdI wldcbllllOllnllb.1I1 in Ibe it is often nierred to as "taIem8e." frankly ignored). the Japanese money spent on election cam- ment and the deterrent to others. ｾ＠ .... InJ.... un- which liIaaUy b'lnSlaIes as the seem to have a way of overlook- paigns by a formula which takes Criminal fines. on the other hand. InIIb llliIlCIPIIIJIe IDpilce ｾ＠ whit facade or ahoule. but truly means ing lOIIIe quite modem and rather into account the number of Diet cannot be used as a tax deduction. seats we WOIId CII1 "IruIb" in IOIDC the "offICial uace. "a very super. relevant law. alloued to a constituency If Exxon is allowed to Mile off ..... 'l'ldl1OcUIl pbcaome-- ficiaI "rruth." The Public Officer's Election and the number of voters there. the cost of the disaster. there will _ m...... oy Iffect Ibe Any J8pIDCIC penon can dis· Law is a timely example. The law Theavc:rage limit percampaign is be no incentive (aside from nega· IcpIIJIIDm or. c:owury. WIllI tinpish such a ucment from limits the amount of money a VIS million (about US$ I 04.(00). tive public relations) 10 ensure doll die '"¥erIIat" or"jlll et veri· the "bonne." defmed as "one's political candidate may spend on According to the Yomi",i environmentally sound practices. .." .... ill Jlpln7 true intention or motive." The his campaign and prohibits a ShimblUl. one of Japan's biggest Industries thal engage in envi· AIdIouP we CIIl not 111 be distinct conceplS or "bonne" and candidate from making contribu- daily newspapers. ten new Diet ronmentally dangerous practices Oeorp WIIIIain&IDna. America's "1IIIemae" are 1m integral pan of tions within his district. Yet members from the controlling cannot be allowed to pursue their • IDOIII caIbn iIIIiIIIlbIl we aI· the complex ICheme. or JapIDCSC contritiutions are the cornerstone Liberal Democratic Pany once own interests above society's wayllI'J 10 .... wbll we believe aocial interaction. Everyone here of every Japanese campaign and admiued that their politicalactiv. inlerest in protecting the environ- .. "'y die r.cu. In Japan. aI· underIIands that what is stated those who limit their monetary ity expenses averaged over seven ment. The only way I can see to dIouP every penon koowa or publicly is seldom what is in- resources can expect to lose to times the VIS million set by law. deter environmentally dangerous ddI ..... 1nIIb," It is aeIdom IPO- tended. those who do not. The money each member spent activities and promote saferprac· in.-y bmIIlDCIiDa. In r.ct. And how does lhillayering of Elections for the lower (and on weddings. funerals and other tices is to impose strict liability wIIIlllMid or doae is qui. often "bUlb" affect the legal sysaem" more powerful) house of Japan's social occasions for constituents and severe fUWICiai punishmenl dleappcllillordle knowD InIIh in Are laws Millen but not intended Diet were held on February 18th alone came 10 V16.6 million. to individuals and businesses for dleflclull .... 1biI is normal. to express any we meaning? of this year. In the weeks before The Public Officer's Ejection environmental crimes. Civillia· 11IiIislCClpllld_. Bec:auIe Japan's reputaIion is f. from that the election. candidates staged Law also prohibits politicians bility alone is nd suffICient. The DO one apecII 10 ... Ibe I'flII or a country of lawbreakers. Yet grand displays of monetary ex· from malcingcontributions in their threat of corporate and individual InIIb, .... II nn1y ..y decep- how could IhiI CUllOm of distin· penditure. including huge rallies constituencies. But. in fact. every criminal liability is necessary to daD invoMd. No en II • 111 lIIishin, real bUth and stated and elegant banqUCU. Tradition- Japanese political campaign is no ensure safe environmental prac- ...... 1nItb "IrUIh" IlOl affect the inliel"prCla· ally. a sua:essful political candi· more than a series of favors done tices. While this may have the lion wbicb IInaIly COIIlCII out com· or _ law? Pe:rbaps it does. date in Japan will DOt spend time for constituents. obliging them to effeclor chilling developmentand ...... y CCIIIII'Idic &be rated 'I'IIcn is evidence tbal lOIIIe di8Cussing issues but rather busy retumthefavorwithavote. Such production inJOmC industries, this favors range from free trips to hot will also promote safe practices springs to monetary donations to and research into less dangerous to the Editor sports teams. technologies. This nation. and Apparendy. the IlUC intention C. pI "'" c:bIrJes II the ArJyIe Copier. may also need to be requested. the entire world. is at a critical ...... , ...... ,.,.,1 1DOIl Queatiooing Ibe meIhod or In kcqrin& with the fact that of the lawmakers was not what juncture. There is not much time ...... bave procell in whidl ASH handled there lie JO many major issues they swed in the law. After all. it left to alief current practices and ScDe or die II· Ibe iDVMliprinn is certainly ap- and IlUdmtooncemsranging from is the very body of politicians avoid what seems almost inevi· -...... prapriIIe IDd appreciaIed. I bad quality of professors. \Wiety of who are breaking the law which table: a world in which the land • ... Ｎｾ＠ penoDIIIy talked 10 _ owner of made the law in the fust place. COUI'ICS, availlbility of jobs. of· air. and scaare incapable or main· In Japan. what you Slate pub- - ... ftICJdinI. Aqyle Copier. duma the end of fellsivespccch. vaxity.kindness taining life. ....1 ...... tly.1JID -.y. for.-y misundenlInd- and IICCICSSibility of the admini· licly is DOt necessarily what you iDp or lack of comm1micarion SCDIion and the need for more mean, nor is it what you know is ...... the reality of the situation. Politi- ...... local .....-. IbIl oc:currecI, two weeks prior to student suppon services. I sin· "'1IIIp1decdon. die die publica&ioD or your article. cerely hope the Law News keeps cians were reilerating the Public afHMiewaSdMir ..... However. I am concemed that Ibis in mind wilen CSIablishing a OffICer's Election Law just as they see and pretend DOt 10 see. " Is this werebreakingiL Thepbrase"mile what happens to the law in acul· maaey ...... -peopIe _yCODfuseallllCk· lODe in .1I1icIe. JO that ItUdent ture _ .., LtIw N... ediIDn • .. Ibe c:boice oC process willi conc:ems lie kept in the proper minufuri 0 sure"transIaIes as "to where there are two lIUIhs? AlDIe Copien, ...... ti.. _ individual pema I pel'lpcClive. I sincerely hope tbal IInry boun. r.Itq iD _ Tea- bape IbIl people can mate the we._ SlUdenIs, SlUdent orpni. dIdoiD. wt. wII 1M U1IifonD dislmc:lioL It is a.prisirtg tbal ZIIions. ASH. and the law News ORD WIZARDS ScboIInhipI be 1IIDIUKlOd•• grwIuIIe IIUdeDIs who are learn· wert IOF'herlOde\IOtemuch time irIIlDqueIIioaCWlylbing insIead and energy to the major studcnl ell u complaiDlI about l.AW REVIEW ARTICLES OTES, praleaan, LtIw NftIS ediIors. .... to believe _ylbing and ASH repreIODlative/Officen. ew:ryIbiDa they read in prinl Phyllis Barsh OUTLINES, MOOT COURT BRIEFS. JcIumaIa, Court. DeIDs and I bape the Law rader· Presidenl. ASH PAPERS, RESUMES, LElTERS, ETC. Admini...... ADaeIe Ibip does not IoIe _ oC the Dec .._.BdLevtDeIDdJolD r.cu. 'I'IIcn wee IDIDC IIUdcaIs EdiIor's NM: TIte Law News U 3'OU _I your wnunc 10 lie ...... you need • WtZanl! Call ..... (daele caqalair!llba" wIao complliDed or iDClomislClll tllldilsedilorspayw SllmepriuS .,. aad '* ｾ＠ at our wide DftJe at type IIy\c:a aad Iiza (illalia aad ...... too!) aad our aleDll\le library at dip-ut ID cbqes II the ArJyIe aDd after tIIId naiw lite SlIme #Mcu III ...... &om a few 1IJIIIOKi· papbics. We after rapid lurnaround, pickup and ddiYay (free with ..ay SO per perua). De lilt ASH' ...... lboIepeopie ArfypIeCopiBstlSdoutJllyoc/tu ____ order). tape traDICnpIJOII. • ClOIIYaIIeIII dowDlOMI San receiwdn:fuDdllD Ibeir saIisfac· HtUtiqs.JtJtdDII (IT stwIeIII (IT. Fruciloo IocabOll, 8Dd compdllJve rales OD ...... _ fabft, III IIUdeIIIs aaeaASH-- ....lDad*elsaDor ｾ＠ Wern ltOIawcnof cIoiDIbasiaealllbeArJyle • CDItCenu U!IU lite Law ｎｾｳ＠ Refer your friends and rolleagues lO Word Wizards .... cc.cema. We do 10 by ....-___ diICOUIIlm_ be- iawIIipriq daeIe complaiDn to ..u:l Ms. S",sII refrrs. "", and receive a 10% discounl on your next job! __ poaiIIIe. 'I1Ierabe it was ｣ＺＮＭｾ＠ ..lIeoftilndlDyou. wdaMw w aprusitJfI of IIIf1 s.IeM e»pei Ili- willa ac· IJIdI ctIII«TIfS directly to tJII edi· well • a Ie- w. ANDREW LAURENCE .... I"" • ｾ＠ are itiiifIIe b _ addi· 1M (IT tltnHqla II ietID' to • edi· 1IicNMlY-ASHrapoad 10 IioDaI diIcoaIIt _ copyirI& IbIl (415) 392-4791 aoacena over iDCODsisteDt lOT. Page 22 Hastings Law News March 6,1990

Medea and dependent on reason to dis- SLAP: Fulfilling Critical Financial Need Continued/rom Page 11 cover an explanation for Medea's Continued/rom Page 2 put together a proposal for loan representatives were able to meet Stewart, as Idyia (Medea's "insanity." At one point, he con- loan forgiveness. It will be com- forgiveness, and presented it to with Deans Lathrope and Read mother) and Elizabeth Calciano, cludes that her act was "reason- posed of deans, financial aid offi- the administration. They formed about 10 times in 1988-89 to dis- as Ireni, (the prime minister) both able," buthecatcheshimselfbeing cers, an assembly person, and legal a new student organization to cuss and develop the program. turned in flawless performances. illogical and quickly goes back to service representatives. At the study loan forgiveness programs Ultimately, SLAP and the Stewart played to perfection the his books to find a "logical" ex- general meeting in August, the at other law schools, and to fash- Deans were able to agree on a character of the "traditional" planation. Finall y, the guards Bar will take up for debate a reso- ion a program suitable for format, and the proposal was woman, the ever-giving and ac- (played by Eric Noble and Prof. lution supporting law student loan Hastings. presented to the Board of Direc- commodating personality. CaI- Leo Martinez) provided comic forgiveness programs. According to Davis, the pro- tors. The Board accepted SLAP ciano gave an excellent portrayal relief and insightful commentary Thus, studentloan forgiveness posal was initially greeted with in principal that year; in Decem- a woman who completely domi- on the events of the play. Their is making progress at Hastings resistance. In true law school ber 1988 the Board approved the nated everyone around her. Ran- discussions were entertaining and and throughout the state. The fashion, there was a floating anxi- program in its entirety. dall Stoner, as Crane, (Ireni's well played. question remains whether future ety that an as-yet-unnamed liabil- So how come you've never consort) was a perfect "yes man," I must admit I was somewhat students will forget forgiveness, ity would surface. heard of anyone at Hastings re- as he was supposed to be. The sceptical about the feasibility of or be at the forefront of the for- SLAP students were persis- ceiving SLAP assistance? All that interchange (or rather the lack of the Moot Court Room's suitabil- giveness movement. tent and professional. Nakelsky remains is the funding. Last year one) between Ireni and Crane was ity for a play, but the crew who set Does it surprise you that attended national conventions at SLAP was devoted to investigat- quite memorable: all Crane was it up, changed the props (which Hastings has such a godsend of a her own expense to learn how ing sources for contributions. This able to say were things like "in- were excellent), and controlled program? It is the product of the other law schools created and year it appears that the College deed," "absolutely," and "quite the lights did a fme job and the dedication of Hastings students, funded programs, and how they will be taking an active role in right" Vicki Wooden turned in a performance was not marred by particularly two 1989 graduates: convinced their schools to adopt obtaining funding for SLAP. short, but scene stealing portrayal any technical flaws. Myra Nakelsky and Matthew them. Due primarily to For further information con- of the spoiled, VUlgar, and imma- Of course, this was not a pro- Davis. As second year students, Nakelsky's persistence with tact Debbie Kochan, Susanna ture Princess Glauce. Her greedy fessional production, but I was Nakelsky and Davis decided to Hastings' administration, SLAP Pollak, Andy Michael or HPILF. and indulgent personality was surprised at the quality consider- apparent even in the way she sat ing this was written, performed, and ate cookies and sipped tea. and realized almost entirely by Niall Lynch played the troubled persons within Hastings commu- physician attempting to assist nity. Prof. Wilson, the cast, and Medea in her legal defense. He crew should all be proud of their effectively portrayed a man accomplishment NO FLUFF. trapped in a rigidly ordered world ASH Delays Financial Disclosure

Continued/rom Page 15 JUST FITNESS the limited information, the Col- Financial Officer Joan Majerus, lege did not have any concerns the College has a fiduciary re- that ASH funds have been handled sponsibility foroverseeingthe$16 inappropriately, just that "there At Golden Gate Fitness Center we think that many health clubs per student fees collected by the were not good accounting prac- College and disbursed to ASH. tices." have lost sight of your primary goal ... fitness! We have opened our The College's duty is to ensure Bursh, in contrast, says that fitness center because the time is right to re-focus. This is a ''back- that the fees are spent in the the audit did "not become an issue to-basics" facility. What we don't offer is exaggerated membership manner in which they are appro- until January," when ASH re- priated by ASH, Majerus said. ceived its fust communication deals or a one system cure-all. What we do offer is a super clean, As a part of the College's from the College. well lighted space, full of brand new state-pf-the-art fitness equip- annual audit process, it audits ASH Majerus says that there is a funds for the fiscal year, which general concern by the College ment. Our experienced trainers will assist you by designing a ends on June 30. This audit con- regarding the "timing" of the audit realistic fitness program that fits your lifestyle ... not ours. sists of examining ASH's bank in light of the recent difficulties in statements, cancelled checks, list- getting the information, and that Please phone or stop by for more information, We feature: ingsofcashreceiptsanddisburse- College financial officers will ments, and supporting documen- work with ASH to try to get the • MAXICAM • UFE CYCLES tation. information earlier in future years. • NAUTILUS • MASSAGE According to Majerus, the News Editor Betsy Johnsen did College has had difficulties in research and contributed infor- • CYBEX • PERSONAL TRAINING obtaining from current ASH lead- mation to the preparation of this • OLYMPIC FREE WEIGHTS • AEROBICS ership the fmancial information story. • STAIRMASTERS • SKI CONDITIONING for the year ending June 1989. "ASH was officially notified in November 1989 and again in Hours: January by memo, in addition to Scholarships previous verbal requests" Bursh Continued/rom Page 19 Monday-Friday 5:30 a.m.-8 p.m. was rust notified in December adhering to its narrow interpreta- 1988 as to what information was tion. If the Department does not Saturday 8 a.m.-6 p.m. needed by the College, "plenty of reinterpret the Act, subsequent time to get their information to- action may be necessary such as a Golden Gate Fitness Center gether," Majerus said. mass letter-writing campaign by Despite these repeated re- students asking Congresspersons S 358 Golden Gate Avenue quests, the College did not re- to instruct the Department of San Francisco, CA 94102 cei ve any information from ASH Education as to the correct Legis- CENTER until late February, and the infor- lative purpose behind the critical (415)-776-7113 mation they did get was "very statutes, or encouraging the pas- incomplete," according to sage oflegislation more sensitive Majerus. She indicated that, with to law students' financial needs. SPECIAL HASTINGS DISCOUNT AVAILABLE M.c1l6.1990 Hastings Law News Pagel3 ritical Legal Studies Hastings Commerce Association: New CIIIIIIIMMJr- hlp " dash." the law enforces the prom- Starting Your Own Law Practice imIp of humin c:onduct (a ise even Ihough it does not repre- Hastings product of c:enain modem ICDt the promisor's intenl The flfSl few years of individual prac- 8y Paul Zwerdling tice, Werner suggested renting III8Ibt cuItureI); dw the justificalion for enforcement re- GUEST CONllUBUTOIt Admissions from larger rums. 'This model .....y claiml [it1 is lies not on the paradigm case, but space The Hastings Commerce As- often entitles the sole practitioner UDivenal; and 10 fonb." on the secondary model. Balkin sociation and the Hastings Alumni Director .-gucs: to the benefits of the larger firm, Association copresented a forum Cottli,.. "d/ro", PGfr 4 The point or Gordon's criti- including access to the fum' important recruiting events," they entitled "How to Start Your Own library. conference room, and cism is notlbaleconomics IbouId The privileging of a will were unable to cover as wide a Law Practice" last semester. Over even a receptionist" In addition, not be considered in malting theory of contract over a base as in previous years. seventy people attended Ihis event the location of the large firm is cboiceI. Rather, it is tbal ec0- theory based upon effect Nevertheless, Hastings received which allowed several Hastings often more conducive to atU'8Ct- nomics IhouId not be applied to (unjust enrichment or reli- the same number of applications alumni to share their experiences ing and maintaing clients than a avoidpolilicalandClhical choices ance) involves a relation ... this year (5,100) as last year. The as sole practitioners. The paneI- which confront us. of mutual differentiation and single office somewhere in the accepted applicants thus far have ists were Frederick G. Meis(class City. Another tecbnique is "dccon- dependence. A theory that been described as "very of 1959), John Edward Carey Another issue discussed by Ihe 1InICdon," a method borrowed by postulates the will of the impressive." It is too early to (class of 1975), Lisa Nicol (class panelists was the setting of legal the Crill from Preach pbiIoso- promisor as binding must compare this class to last year's of 1976),Stuan A Bronstein (class fees. According to Bronstein, it pber Jacques Derrida. Denida explain the moral obligation class. as Ihe College has yet to of 1978), and Eric H. Werner may be auractive to set low fees in .... that raIionaI systems or involved in cues in which receive all Ihe applicants LDAS (class ofl 984 ). Among the topics order to obtain a large num ber of Iboqb& ...... y Iqin by an- the promisor does not will information. Last year's class discussed were I) how to obtain clients. However, by doing Ihis, DOIIIICin& term. !hat are funda- herlelf 10 be bound, but ac- had a median LSAT of 43 and the resources necessary to be a the individual practioner must be meatal, ...nual, or normal. cepts a benefit or creates G.P.A. of 3.57. sole practioner; 2) how to estab- prepared to attract a certain level 1'beIe lenni Ire then privileled detrimental reliance to the Professor Cohen commented lish a clientele; 3) how to finance of clientele. Bronstein slalCd that over their oppoIilel. Decon- promisee. Thus, a will the- that the new Director is an individual practice; and 4) how he was once told to use the IDuc:doaproceedl bydemonllrat- ory ultimately depends upon enthusiastic about making the to set legal fees. "McDonald's Rule" to eslablish tbal the privile8cd terms the theory over which it is switch from a private school to a Ina are Several of the panelists dependent upon their opposil.Cl privileged. legal fees. This rule sets the legal public institution because she stressed the imponance of build- fee at 5100 times the price of a aad CIIInOl be UIed as independ- believes the pool of applicants ingasolid foundation forindivid- Big Mac. While acknowledging eMradnnalirMioN. Balkin warns that while this will be more diverse, giving a ual practice before deciding to that this was not the only way to J. M. Balkin, a law professor analysis upaelS !be privileging of greater potential for assembling a "go it alone." In order to do !his, set fees, Bronslein said that the wiD theory, itdoes not provide the diversified student body. Ms. • Ihe Univcnity of Miaouri- the panelists suggested that an KanIa City, .... UICd dec:on- buis for a new hierarchy favor- McDonald's Rule gives the indi- Austin is Hastings' flfSl blaclc aaomey work for a few years as a vidaal practioner a good idea of IlrUCbOn to anaIYJlII the bais of ins effecl Rather, the analysis Director of Admissions. memberofafinn inordertoaccu- what an appropriate fee should conlnlCl obIipIion. Tradition- reveals tbal neither term is essen- Ms. Austin says she is mulate the fCSOwces and make be. aUy, a party wu dIoughl 10 be tial. The question can only be "committed to increasing student the personal contacts thatare vital The panelistsalsodiscussed the bound by her inlDDL Couru!bus I'OIOIved by resorting to political involvement in the admissions to a sussessful law practice. imponance of legal malpractice fmlrcdexplicitprolllla--' choice. process." She believes students According to Nicol, working for a !hey directly manifested dial in- One major criticism of CLS is insurance. A1thoughauomeysare are the most effective means of firm before pursuing her own not sued Orlen, if they arc sued. it !eDt As P. S. Aliyah notes, ex- that after demonstrating the fail- recruiting potential candidates. practice enabled her to learn Ihe is disastrous to not have legal plicit promiIes are !be "paradigm ure of efforts to find an autono- She i looking forward to returning basics of litigation and gave her malpractice in urance,especially CMe," PICcd wi!hsilUalions where mous base for the law, the Crits to law school admission and to the resources and confidence that if they are sole practitioners. Mcis, an explicil prom. wu not made, offer no alternative but nihilism. hving in the Bay Area. Presently. she needed to be a sole practitio- who has been practicing law for suchu when apcnon orden food The Crits respond that by decon- her main priority j finding a San ner. thirty years, stated that there i no in a reslaUrant, couru implied a suucting legal doctrines they are Francisco landlord who will In addition to resources and way that he would pracllCe law promise, infenins intent from the not proposing to dismantle the "apprccl3lCherdogand ｾ･ｮ･＠ confidence. an individual prac· without insurance. Heal oslalCd I*ly' conduct. legal system. The purpose behind of birds." tioner need to have one other that Ihe threat of being ued can Balkin, alinl Atiyah, DOleS the CLS project is make a demo- thing that is vital to the practice of be minimized if an auomeymalD- SUa.wER HOUSING WANTED tbIl the ctishoneIl promisor poses cralicreappraisal ｯｦｾ＠ legal law: clients. Carey tated that tains an open and honest relation- a problem to the Inditional way institutions and practices possible. TDY. NON SUOM:1N(l ｇﾣｏｾｔｏｗｎ＠ many of his current clients were ship wilh the clienl WSTlJOENT ﾷｓｔ｜ｊｏｙ ｉｎｇｾ＠ CABJoR· ofjustifyiqobliplion.lfaper- Individualpractitioners,however, individuals who were happy wilh SEARCH Of FURNISI£D QJ8LET IOIlpromileilOpay for Ihelrmeal, differ greatly in their analyses of SF FOR WAY.JUlY wu. SHARE IF the work that he had done when CIRClAtSTANCES ARE RIGHT CALl but fuUy inlends to "dine and the injUSlices within the present COUECT (202) !i07lo011 he was a member of a larger fum. legal system and the political When he began his own practice, • • • • • • • • • • • • • • • •• ideals they believe should inform his clients went with him. How- a reformed legal sysaem. This is : Emanu· EI : ever, Carey added that in San :. i"cle S."ngles : one of the reasons dial it is popu- Francisco's tight legal commu- • . • ..todeflllC a.s by its mechodoI- Argyle Copiers nity, it is imponant to allow the I'IIher : (singles 2S ID 40 ) : OIY dian any manifesto of client to make the decision and to • • ill principles. Marxist. feminist, avoid being seen as an individual Thanks • • and CIbnic studies scholars each who got clients by "raiding the : Come join u for : have focUlCd 00 different prob- All the Students for Their company's file cabinet at nighL" • Sbabbat Dinner • !ems. MechodoIogicaIIy ''pure" The other panelists echoed Support. : and lau..... s : Crill have been wary of ..y fo- Carey's 9Clltiments,acknowledg- • 5U. that cos, fearing favoring a par- ing dial it would be diffICult for an : with ticularpoliticalcriticismwilliead We Do Offer comedienne : aacmey to establish a successful : Judi Left' ewman • to !be creation of new privileged individual practice in the Bay Area Student : CIIIqOI ies to replace Ihoge that if sihe had the imase of being a C Discounts. : • they IR assailing. o ·6:30 p.m., Friday, Marc:b 9 : 1besedivisions,togedIerwith "client thief." , The panelists also discussed y Please Ask : Temple BmIllU-El • more immediaIe problems such ｾ＠ financing an individual law prac- About it. •ＮｲｵＮｾｶ＠ __11ft Blvd. & Late St. • u the denial olleDlR 10 several CUTn . tice. This is often done by taking • SIll FIIDCisoo • practiliooen in recalt years, has 0Ul1olns in one form or another. - - • : poed serious problems for !be However, Werner SlaIed thal he 150 McAllister Street • • movemenL Nevatbeless, the : Cost: $12.00 per penon individual finmccd his practice by utilizing San Francisco, CA 94 109 his personal credit cards. In addi- (415) 861-0720 • ReserYIIioDs nec:eSSll)' : !tained ex- • =.:::.:r tion, 10 keep costs down in !be •••••••••••••••••• 7S1-2S3S • 1laDelyactM. Page 24 Hastings Law News March 6, 1990 Taking The California Bar Exam Why Pay More For Less? PMBR I I BAR/BRI

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