The Justinian Volume 1976 Article 1 Issue 8 December

1976 The uJ stinian

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Recommended Citation (1976) "The usJ tinian," The Justinian: Vol. 1976 : Iss. 8 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1976/iss8/1

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Congratulations to the new BLS football champs, The Frogs. They defeated the 3)ulitiuiau Fobbingtons 5 -4 on D ecember 11.

~222 TUESDAY, DECEMBER 14, 1976 NO.5 Civil Court decision Herrmann v. Cr·ea FDculty KO's EqUDI Ed. Note: In our issues of De­ The question before the court, cember L 1975. and February therefore, is whether as a mat­ 11, 1976. the Justinian published ter of law the words spoken of Stutlent Committee Vote lengthy articles detailing the the defendant in this action By RICHARD GRAYSON mittee and reported that the because I see this as part of a legal relationships between Wil­ were defamatory when spoken A student-faculty committee SBA Executive Board was ready continuing trend. Student input liam Shakespeare Herrmann, a of an attorney or professor of to study the legal research, writ­ to nominate students in accord­ was cut back from the Decanal former profe':';sor at BLS, and law. ing and moot court programs at ance with Article 6, Section 3, of Search Committee, and now the law school. Hermann was a BLS will not receive the coop­ the SBA Constitution. That ec­ this. I think that concessions tenured professor when he was eration of the SBA because of tion provides, "The SBA may toward student equality were fired on September 17. 1975. As unequal representation between not participate in any faculty/ a result of that firing. several the two groups. student committee of which the suits were filed by Herrmann The faculty created the com­ number of faculty positions and against the school and individ· mittee of foul' faculty members the number of student positions ual faculty members. On Octo­ and three students in response is not equal . . ." The memo was ber 8, 1976, a Kings County to student complaints last year, not discussed at the December Civil Court decision was hand­ particularly against the moot 3 meeting, but Prof. Brian Com­ ed down by Judge Salvatore T. court program. These com­ erford, faculty secretary, said DeMatteo in Prof. Joseph Crea's plaints were sent by the Stu­ that it would be placed on the counterclaim against Herrmann, dent-Faculty Curriculum Com­ agenda for the next faculty which arose from the slander mittee to the entire faculty. meeting. case of Herrmann v. Crea. The ProfessoJ's Richard Allan, S tacy SBA President Howard Peltz Justinian reprints the entire de· Caplow, Bailey Kuklin and Da­ noted that the SBA Executive cision to bring the BLS com­ vid Rice were then named to Board was "excited" about the munity up to date on one as­ the committee to investigate the establishment of this committee, pect of the litigation and to legal research programs. Accord­ but that the seeming reluctance focus attention on the court's ing to Allan, the committee will of the faculty to equalize the description of the phrase "Court look into the moot court pro­ number of positions between Street Lawyer." This phrase gram first and then into the le­ students and faculty had put a usually has a pejorative conno­ gal research/ method program damper on the student input. tation, but the Court',:,; opinion (Photo by Marcia Kn ioin) of the first year students. " [The faculty decision] is a step might uplift the U/Se of the Prof. Joseph Crea, defendant In response to this inequality backward which we can't un­ term. Next semester. the Jus­ of representation (all other stu­ derstand," says Peltz. "We look tinian will print an updated Although, as Seelman says, dent-faculty committees h ave for students and faculty to work (Photo by Marcia Knigin) Prof. Richard Allan. a member summary of the Herrmann-BLS "the determination of when been set up with an equal num­ together to make improvements of the s)1pposed student-faculty litigation. words are spoken of one in re­ ber of members from both and not to form vot.i.!:l~ blocks. commiitee. CIVIL COURT OF THE gard to his business is often groups), the SBA Executive A 4 to 3 situation looks like CITY OF NEW YORK difficult," (2 Seelman, Law of Board sent a memo to the fac­ the faculty wants to outvote the made when students were mili­ COUNTY OF KINGS Libel and Slander, 925) this ulty. The memo, which was on students." tant, and students aren't so SPECIAL TERM, PART I court believes that the state­ the agenda for the December 3 Evening Vice-President J ayne militant today, and therefore the WILLIAM S. HERRMANN, J r., ments which form the subject of' faculty meeting, commended the Robinson had stronger words faculty is taking advantage." Plaintiff. this counterclaim do not come faculty for setting up the com- for the faculty. "I am concerned (Continued on Page 4) JOSEPH CREA, within the ambit of the per se Defendant. exceptions. JUDGE SAL V ATORE T. That the appellation "fool" is DeMATTEO not slanderous per se seems to SBA 'Non-Meeting' and 5/F Comm. OCTOBER 8, 1976 be clear. Even the word "faker" (Shankroff v. LaGuardia, 247 This is an action in slander App. Div. 785, appeal to the Face Curriculum Comm. Problem brought by a p rofessor of law Court of Appeals denied, 272 By MIGGIE WARMS might be discussed on a "volun­ fered by J ayne Robinson, Eve­ against hi colleague. The de­ N.Y. 679) or the words "bum in tary" basis after adjournment ning Vice President, and P eltz. fendant counterclaims also for At the non-meeting of the a gin mill" spoken of an at­ (can a non-meeting be adjourn­ 1. The SBA Executive Board slander on the basis of the al­ SBA delegate assembly on No­ torney, were once held to be ed?) and, after the completion had n t maintained communica­ legations that the plaintiff, al­ vember 29 (there was no quor­ non- landerous (Weidberg v . La­ of the committee reports, an­ tion with faculty members of though not mentioning defend­ um), those delegates present Guardia, 170 Misc. 374.) Al­ nounced that "the meeting for the CUlTiculum Committee dur­ ant by name, referred to him heard several committee reports, though one naturally frowns at all intents and purposes" was ing the development of the stu­ before a student body, as "one a speaker on NORML's (Nation­ the use of vituperative and adjourned. dent chairperson controversy. of the fools whose offices are on al Organization for Reform of abusive language, restrictions on 2. The faculty members "heard the eighth and ninth floors" and Marijuana Laws) budget request common and commonplace name stories" from "the other side" a "Court Street Lawyer." No of $425 and a discussion of the .calling would so restrict free current status of the recently (student members of committee) special damages are alleged. speech that many of us would Plaintiff now moves for sum­ bereft Student/Faculty Curricu­ but were never exposed to the be required to walk with our mary judgment dismissing the lum Committee. Executive Board's position or mouths tethered. In any event, counterclaim on the ground The Constitutional Revision the reasons for Executive Board defendant argues that the term that it fails to state a cause of and Procedure Committee has and Delegate Assembly action " Court St.reet Lawyer" was in­ done some preliminary work and on the appointment o'f Diane action. Defendant cross-moves tended to be and was in fact for similar relief. is working against a March Fernandez to the Committee and understood to be derogatory and Because both parties are deadline for presentation of a then to the student Chair. pejorative of the defendant in proposed revised SBA Constitu­ 3. The faculty members felt that learned in the law it would be h is profession. condescending and may seem tion to the delegate assembly. the curriculum had gone through somewhat presumptuous for the The court is aware of the The Cultural Affairs Commit­ nough changes for the time be­ court to dwell at length on the connotations of the term "Court tee is expanding its sphere to ing, and that it was time "to elementaries of the law of torts. S treet Lawyer" and, more im­ include sports and the Entertain­ sit back and take a breather." Nevertheless, because of the na­ portantly, of the general repu­ ment Committee recently "pull­ The Executive Board feels that ture of the complaint, it seems tation of what is termed "Court ed off" a highly successful stu­ the student members on the proper and indeed necessary at Street Lawyer." The court is dent/faculty tea. "committee revolted ... for per­ this time to outline the basic therefore in agreement with the The Library Committee is sonality reasons" and that com­ elements of a cause of action for defendant that the term, as a'l­ hoping to have the smoking mittee chairs are "not power slander. legedly applied by the plaintiff. room kept open during some positions' but liaisons whose The general rule is that slan­ refers to other than mere 'geo­ hours when the library is nor­ major function is to report to der "is not actionable unless ac­ graphical location. Words must mally closed, to arrange for the SBA Executive Board. tual damage is proved. To this be taken in their ordinary mean­ longer library hours on holidays, A meeting of the Student/Fac­ the courts very early estab­ ing and the court cannot strain and to solve copy machine and ulty Relations Cc!mmittee to dis­ itself to interpret them in the (Photo by Marcia Knigin) lished certain specific excep­ carpeting problems. SBA President Howard Peliz cuss the problem of the Curricu­ tions - the imputation of crime, most inoffensive sense. (Novem­ A delegate brought' up the lum Committee was held on De­ of a loathsome disease, and ber v. Time, Inc., 13 N.Y. 2d matter of the Curriculum Com­ When nobody left the meet­ cember 2. Faculty members who those affecting the plaintiff in 175, 244 NYS 2d 309). mittee during the reports. SBA ing, the following explanations resigned from the Curriculum his business, trade, profession Nevertheles, to constitute P resident Howard Peltz, in an of the difficulties experienced Committee and the SBA Execu­ or calling - which required no slander per se the words must be attempt to make discussion less by the Curriculum Committee, tive Board were invited to the proof of damage." (P rosser, such a to impute dishonesty or official than the rest of the non­ including the resignation of all meeting, which was open to all Torts. 3rd Edition, p. 712). (ColltiTlued on Pilge 4) meeting, said that the matter six faculty members, were of- (Contil11/ed on Pa.ge 4)

Published by BrooklynWorks, 1976 1 The Justinian, Vol. 1976 [1976], Iss. 8, Art. 1

Page Two JUSTINIAN Tuesday, December 14, 1976

Conuie Raffa ('76). "Instrumental" Justinian Published under the auspices of the Student B ar Association Students on National Committee BROOKLYN LAW SCCHOOL By RICHARD GRAYSON sensus basis, the lack of a stu­ sembly and were adopted in As a direct result of the ef­ dent vote will not have a harm­ August. At that point it was my 250 Joralemon Street, Brooklyn, N. Y. 112014.· forts of Connie Raffa, a 1976 ful effect. responsibility to implement them The Judicial Conference com­ with the ABA. When I learned Telephone (212) 625-2200 Ext. 50 BLS graduate and last year' governor of the ABA Law Stu­ mittee is partly the result of the that Chief Justice Burger was dent Division's Second Circuit, actions of the LSD's Second Cir­ already moving on the proposal, Editor-in-Chief ...... Richard Grayson law students have been named cuit. Last year, the Clare Report I went to the Supreme Court." for the first time to a Judicial on standards for admission to Char-en had previously worked Managing Editor ...... _...... John Rashak Conference' committee. practice in the Second Circuit at the Court in the area of ju­ Associate Editor ...... Marcia Knigin On November 19, a decision became the main topic of con­ dicial administration, so he was was made to include three law versation at the LSD's Second already familiar with the Su­ CUnited States to the Second Circuit to study the clusion of one student on the Marc Aronson, Howard Cohen. Joyce Balaban David, Randall S. Consider Standards for Admi - Clare Report. The r ecommenda­ committee had been agreed to Ferguso n, Lillian Gewir tz, Stephen J ac kel, Kim Sleven Juhase, sion to Practice in the Federal tions of that study committee, by Chief Justice Burger. Later, David Leibma n, Martin L e rner, J oel Mitofsky, Howard P eltz, Court ." The Judicial Conference headed by AnllY Goodman, cur­ two other students were ;n amed Dal Mark Ros., K en Shiotani, David Sloan, Rochelle Slra hl, i a research arm of the federal r ently the Second Circuit gov­ to the committee. Manue l Taitz, Miggie Warms, Michael Weinber ger, Debra Wolin. judiciar y, according to Steve er nor and a third-year student The fil'st meeting of the Ju­ Charen, one of the three stu­ at NYU School of Law, were: dicial Conference Committee (Edilol'i als expres lhe opinion of the Editorial Board) dents on the committee. 1) there is a need for such was held D ecember 9 and 10 in Copyrigh t 'D 1976 by BLS Student Bar Association The three students on the com­ rules for admission on a national, San Antonio, Texas. A s cond mittee are Steve Charen, LSD and not just on a circuit or meeting h a been scheduled for delegate to the ABA House of distri 't-wide basis, and April 18 a nd 19 in Carmel, Cali­ D legat s; Andy G oodman, who 2) a committee with student fornia. Charen expects that the was chair man of the LSD Second members . hould b e named b y fina l report will be comple ted Circuit committee whiL h made Chief J u lice Warren Burger to som lime around the end of next This sem e ter t he s t udent bod y has f a ced t h e sorry the recommendatio ns; and David study this need. semester. p ictu re o f the SBA Delegate A ssem bly s pending its entire S to up, president of the LSD. Steve Charen, also a third­ Promin e nt local members of fall ca lendar haggling over such portentous issues as chair­ The co mm ittee incl udes 12 year student at NYU, and the the committee are Judge Morris Lasker of the Southern District man ships of committees and rules of order. This u gly pic­ federal judges, six legal duca­ LSD delegate to the ABA House tors and six distinguished prac­ of D elegates, noted in an inter­ of New York; Robert Clare, Jr., t u re was softened omewhat by the expectation of what titioners, in addition to the stu­ view how the Goodman Com­ partner at Sherman and Sterling often seems to be the SBA's only useful function - the dents. The latter are called "con­ mittee recommendations made and chairman of the original a nual directory of student addresses. sultant ," although in reality, their way to the Supreme Court. Second Circuit committee, which But an inspection of this year's directory shows that they ,are non-voting student rep­ "The recolllmendations we r e precipitated the LSD action; Dean Joseph McLaughlin of the SBA cannot even do this correctly. The directory still resentatives with all other full presented to the LSD Board of rights of participation. Charen Governors in April of this year Fordham University School of contains the names of students who withdrew from this feels that si nce Judicial Confer­ and were approved. Then they Law; and Dean Donald Shapiro school as long as one year ago. It is a painful thought that ence committees act on a con- were serrt on to the LSD A s- of New York Law School. a student who takes the courageous step of leaving the madness of this institution will have his name forever im­ mortalized within these hallowed walls. Letter: Israeli Justice at BLS To the Editor: By HOWARD COHEN are permissible. This position As past and resigned student On Wednesday afternoon, De­ has been upheld in French and A-M'''' No Stupid Questions ' chairperson of the Student-Fac­ cember I , Mr. Justice Meir American legal decisions. I ~::~::it~: '~) ulty Curriculum Committee, I Shamgar, of the Supreme Court In trying to solve thi situ­ , 1(' (,1'(' ard('JlII?/ solieitNI would like to comment on the of Israel, spoke on the legal as­ ation, Justice Shamgar stated tltal w(' reslmin, self-limited situation which exi ts concern­ pects of the Middle East conflict. that Israel is "willing to take t r, inten'ogate (with 01/1' less­ ing this committee. At present, The lecture, sponsored by the any opportunity to negotiate; to tlraJl-lawye)'ly .fin eRs e) the Curriculum Committee is SBA, fill d the Moot Court Room leave the state of armistice to tlIC' 1J/'esidil1g pl'olesB not functioning. The faculty with well over a hundred people, create a permanent peace." H e to ?'('ap his/ ir eI' lal'gesse have resigned and the commit­ including many faculty mem­ of .illdicial tl'M'Ic7liness tee remains with six student bers and alumni. After Justice about 1(,1I at could not be inhibited. members awaiting the appoint­ Shamgar's remarks, t here was a ment of new faculty members. b r i e f question and answer 1Ve stOl'ed up om' ammo ,' A t the beginning of this period. de/reel, strivec/, and bammo.! school year, the Executive Board In his discussion, Justice Shot m el1tal debris out asked me to be the student Shamgar stated that "Israel ad damno: chairperson of the Committee. I bases its legal existence on the

Call (l fetlls SHe lor false im111'iHOnl11('llt then requested that each stu­ declaration of the United Na­ if the delh.CI'e1' is overly hcsistant? dent member be personally can­ tions in 1947," despite Arab vassed with regard to whether claims to the contrary. He fur­ Dors 11111 mistr('ati11g 11010' leashed best friend they had personal aspiration to ther stated that although, at ?Hran that I , 1(1)011 YOlt, did sedons mental distress intend? b e chairperson and second, whe­ present, t here are no violent

1J'h ell 01)(' tries to kill ollel;cll, Q11(/ th e fjoal !Jlcefully ari8es, ther they would accept me in hostilities between Israel and is the selltc))c ?11/(eh IOll[je)' thaI! fol' an attc1I!J)t? that position. The Executive her Arab neighbors, legally a I s it life hI the Assize ? Board did not follow this pro­ state of war or belligerency still cedure and this lack of tact exists. The reason for this situ­ 1f you solei a di(~I/tolld that (1)]Jeared to be t1'ash, gave the student members an ation is that the armistice which and so lo st all YO/l1' 1'ighl8 to the stolle; issue with which they could ended the Yom Kippur War i. it allY '//lore .iust to dcsen:e illc)'ec(sed cash begin a power struggle with the merely ended active warfare, but where the sold ba1T('n cow's mothc)'-1J1'one? Executive Board. At this point, did not, by its terms, declare I resigned on November 8th in I; a clt os(' ill action is onl!J c. 'istent peace. "During a general armis­ what I felt was the best inter­ tice, the belligerents must ab­ . w hen J brill!J'1 ']J (t suit about il; ests of the students and the (Photo by Marcia Knigin) do J II'HI1/ oU'n ?lOthillg, deplcte of contcnt, stain from acts or omissions school in general. I regret t hat specified in the agreement." Justice Meir Sharngar W lll'SS I've a 1'1/ /lIble to l'ont it? the Justinian has reported the However, since a state of war TI 'hen COl el('/Jhct1lt lo st is fOllnd i sue in such a vague manner continues, "those acts or omis­ further urges that a "bona fide half Oil lily tcalb"ol/, bitt hulf 011 yOI()' Ut'owtd; that the situation is not clear sions not specified are permis­ approach towards negotiations" is 11111 pro/)(,I·tJl Ihat 1"hieh I h(lJl))('lH'd fo get ? to the student body. In addi­ sible." Therefore, if not strictly be taken. He hopes that the Call '1/'(' flip a coill? I 11Iay will thc head yet. tion. the four tudent members prohibited, tactics such as propa­ Arabs will adopt the same ap­ are behaving in a way which is proach. Doe~ 010111011 all sn'cr and SOlt'I' the P1'ofound? ganda and economic embargoes disruptive, and they have a duty Mr. J ustice Shamgar is well 0,' is Ih e ]J 00l beast trckking, IWlIl el"ard-bound? to either function as a commit­ qualified to lecture on this "Seed J point him the "ight " '011 so he t(; on't be 1IPSet, LIBRARY COMMITTEE - A tee or to lea ve it alone. I can topic. B efore becoming a Justice (lnd tll (, 1l claim J (,(j)/t·(' /·tcd bailed Ba1'1mm'S pet? committee of SBA delegates only conclude by saying that h as been formed to work with of the Israeli Supreme Court in - LILLIAN GEWIRTZ this is a disappointing way to P rof. Du an Djonovich to im­ 1975, he served as the Legal Ad­ end two years of service at BLS. prove the library. W ritten sug­ visor to the Ministry of Defense S incerely, gestions and complaints brought of Israel and is presently a The Docket Diane Fernandez to the SBA office will be refer­ Council Member of the Inter na­ RECYCLE - Your aluminum, CLINIC - Student intere ted red to this committee. tional S ociety of Military Law tin/ steel cans, and all colors of in developing 0[' participating in JUSTINIAN - Our annual and the Laws of War. Justice glass at the local recycling cen­ an environmental law clinic April Fool' is ue will be accept­ PARTY - SBA pre-tiMI holi­ S hamgar tudied history and ter at 96 Atlantic A\'e. It's open should leave their names in the ing submissions of all types from day party will be held on Thurs­ philosophy at Hebrew Univer­ Saturdays from 10 am to 2 pm. Clinical Committee's mailbox members of the BLS commun­ day, December 23, in the stu­ sity in J erusalem and studied. Not open Dec. 25 and Jan. 1. in the SBA Office or should call ity. Anonymity i guaranteed, dent lounge tarting at 4:30. law at the Government Law No newspaper are accepted for Curt Meltzer (458-7483) or G ry if desired. Deadline for submis­ Music, food and drinks will be School in Israel and LondOO1. recycling. Brown (522-0593). sions will be March 10. provided. University,

https://brooklynworks.brooklaw.edu/justinian/vol1976/iss8/1 2 et al.: The Justinian

JUSTIN I AN

By ROCHELLE STRAHL more than 40,000_ While Man­ hattan residents comprised most The borough of Brooklyn can of the subscribers in 1973, most be proud of what many consider BAM: Outshines Manhattan? of the subscribers are now a first-rate cultural institution. Brooklyn residents_ The Brooklyn Academy of Mu­ farewell Hamlet and Sarah architectural team of Herts and sen ted such performers as The BAM building itself has sic (BAM), located at 30 Lafay­ Bernhardt wept upon its stage. Tallant to design and build the Maude Adams, Arturo Tosca­ undergone some major renova­ ette Avenue, a 15-minute walk In 1903 a fire completely de­ present light-colored brick and nini and Vaslav Nijinsky and tions since Lichtenstein became from BLS, and one short block stroyed the building- polychromed terra cotta Italian such lecturers as Winston director. These changes have from Fla tbush A venue, sponsors a Immediately, the community Renaissance structure on Lafay­ Churchill, Helen Keller and Ad­ enabled BAM to add to the philharmonic orchestra, a choral rallied, raised $1 million by sub­ ette Avenue_ mirals Perry and Byrd_ But as amount and variety of events society, a "Fabul0us 59¢ Flicks scription and commissioned the Over the years, BAM has pre- the once fashionable Fort Greene that it is able to offer. BAM Festi val," free schooltime con­ area deteriorated, the audiences audiences now enjoy four per­ certs for children and a S atur­ dwindled and the programming formance halls, differing in size day afternoon puppet show ser­ was severely reduced. By the and shape to permit maximum ies. It houses the Chelsea The­ 1960's, BAM was nearly extinct. flexibility in programming_ ater. which staged the inventive The rebirth of BAM began in The most often used of the new productions of "Candide" 1967, when Harvey Lichtenstein four halls is the gilt and white and "The Beggar's Opera" and was lured away from Lincoln Opera House, which seats 2,200 Isaac Bashevis Singer's "Yentl," Center to become the executive and acoustically is reputed to all of which eventually found director of BAM_ Lichtenstein be one of the finest concert halls their way to Broadway. It is the instit.uted a massive program of in the country_ The Playhouse New York home of the Pennsyl­ fund-raising from municipal, is a middle-sized performance vania Ballet. It has hosted New state, foundation, corporate and space used to accommodate individual sources to pay for York engagements of the Roy­ -dance, theater and film _ The the renaissance of dance, music, al Shakespeare Company and Lepercq Space is a multi-pur- Young Vic and this year was and theater at BAM_ BAM's pa­ pose experimental performance the exclusive host of the first trons include the Rockefeller facility named for BAM's Board and Andrew W. Mellon Founda­ American tour of Ireland's Ab­ Chairman, P a ul Lepercq, situ­ tions. In addition, BAM re­ bey Theater since 1938. ated in an area of the building ceives contributions from near­ The Brooklyn Academy of once occupied by a ballroom: It by department stores and banks. Music was founded in 1861, is used primarily for experi­ Some of these are Abraham and when the surrounding Brooklyn mental theater, mu ic, banquets, Straus, 1. J _ May Coo, Brook­ Heights neighborhood housed receptions and dance_ A direc­ lyn Union Ga Coo, Banker's the elite of Brooklyn society. A t tor or choreographer can choo e Trust Co o, Chase Manhattan that time, BAM was located on the size and shape of the per­ Bank and First National City Montague Street. It was there formance area for each event. Bank. that Presidenl Ch ester Arthur The fourth floor houses the 180- celebrated the opening of the In order to create a loyal fol­ seat Chelsea Theater, used pri­ Brooklyn Bridge in 1883 and lowing, the BAM staff is offer­ marily for performances by the Stanley first told of his historic ing low price subscriptions. The Chelsea Theater Center_ ~eeting with Dr. Livingston. number of subscriptions has in­ Like most cultural institutions Edwin Booth performed his The BAM Opera House creased from about 6,000 to today, BAM faces money prob­ lems_ New York Ci ty owns the T el-ms 11IIlst need elucidation. building in which the Academy No rie/c11se, intoxication is located and leases it to BAM Ode to Latv School Exalns l. nle88 ill slate of obfuscation. Inc_, which operates the institu- Co Ilsidera t ion tion as a non-profit _center for Cla sses al-e over, Limilation the arts. Box office receipts pay rOllT till is yow- OWl!. COlllpclIsation for less than half of the produc- 1'0111" frirnds call to par-tv Imitation tion costs. The reason for this But YOl( sit alone. Alfinnation is BAM's policy of inexpensive Christmas means nothing, for THEY loom ahead Violalion tickets. Cutbacks in ci ~ - Those _filia l exams to ~vhich futm-e is 1-Vec~. - GOD_ - I need a long vacation. New York State Council on the

I _ YQu shllt off the mnsic, need qlti t to think Arts funding means a more in­ N e~· t there is to)-tltre Close clown the bal- 101- thel'e's no /,ime fa dl-in!.:. tense fund-raising effort. How­ Dearly called tort. ever, BAM staff members are The sun's ottt there shilling, YOll take one last look Alld dear )-easonable man, Thcn 1mll down the shades and-pick 1(1) yom- book. not pessimistic_ They foresee no A myth of SO?1te SOl·t. reduction in either the amount Cl-iminal law is the /il-St e:t:am 1Jendillg rou llever w-ill see him, he's neve?' al'ound or quality of presentations. So 1Jell in hand you attempt comp1"ehencling But all the stl-ength of his conduct, a judgment is found, Plays to 85 % of Capacity lI1clIs l-('a you /incl, means the guy was intending Trllile shoaling at A, YOlt mIss and hit B. A 1/d though he used 101'oe, he was only befriending, To n YOIl are liable for battery_ Last year BAM averaged 85 % Defending - Auci though you claim YOlt don't know the gent. audience capacity at all per­ A guy b'om some hal'sh blows descending. rou're liable still, thl-ough transfe?'red intent. formances; this year BAM [Jut snch simple facts need some flll'thel' (tppencling Negligence comes, when yOU1' intent Was nil. hopes to continue the momen­ tum and raise it to 90 %. The The glly was a crook Eut Ct dllty_to someone yott did not fUlfill_ T wo cops apprehending Be YOIl blind, be you ShOTt, be you thin, be you fat BAM staff is also optimistic that in the future the Academy will And though in ?jOlO- hem-t, this man you'1'e commending YOI/'1l find that the r easonable man looks like that Guilty-assault, is the just legal elIding. And whatever the j7t1-ors feel he 7Voulcl have dO'lIe, have more resident companies If you clidll't do that encompassing the major areas Property, personal_ Tile plalJ1tiif has won. of the performing arts_ As Kate N e_d all the list. MacIntyre of BAM put it, "BAM So movies and TV you staunchly 1-esist. It's allfi-climactic with one mOl'/1 to fflC(J has been primarily a presenting ,Title, 7)ossession means p'I'ope1'ty own ed )'011 feci like Y0lt can't even Tead one company, This is beneficial to To do luith as wanted, to give aI' to loan, Bill YOll flo'n to YOU1 - notes some groups because BAM has But then if they keep it, it's l'iglttfully YOW's, A 1!c1 hope it will flow. a built-in clientele_ However, And all to the cow·ts, fol' you have a, cause. Just aliI' 11101-e .•• we would like to build from PC(?'/;;illg the cal' and leaving the key Just one lltol'e . • • the ground up_" BAM has a The gCIl-age is your agent, Civil PI-a. resident orchestra, the Brooklyn To lvit, a bailee. Pennoyer-Nelf we all construll Philharmonica, under the di­ Now take Mr_ Jones, as Smith he's 'I1lC1l'auding rection of Lukas Foss, but it B(lc/; th ell you needed presence tl'tlfJ You thillk he's Smilh, ttnaWU1'e he's cl efl'allding BlIl COTpol-ate lY1'oblllms elid enst£1J has neither a resident dance F oidable title YOlt can g et the gooels back Now minimal contacts, International Shoe. company nor a theatrical group. But only if timely and There's police 1)OWel' - a la Hess. In the past, fledgling dance Alas, alack, groups used the Academy as JlIst cil-ivillg thl-0ltgh - no mOTe, no les8. Bona fide B)'own buys, no notice of flaw l! 1'alid sel'vice you ar/ell-ess their resident homes before Good title to B?'own, rOll r clien t will obtain TeciTess moving into new homes in Man­ U C, common law. Attach some land hattan_ These groups included The Merce Cunningham Dance rOlf'l-e biti1lg your nails Garllish a debt Company, the Alvin Ailey l ' on'T!' pulli1lg YOllr hail' Anylhillg, anything 11011 can get American Dance Theater, and You'l-e 01-Ct! and anal F or a claim you want to satisfy Eliot Feld's American Ballet And don't even cau H'lI ether ill 7)el'SOI10111, Company_ The Chelsea Theater rou .feel like YOU1- mind is 011 ove rfrow R em or quasi. uses BAM as a home base and Bllt there's only two down alld three _more to go. At last it's all over, for Support facilities, but is a Contracts - oh - contI-acts At last I can Test separate entity with its own I'm ill sitch a fTight S o hypa, so antsy, fTom five little tesu . board of directors and budget. There's so many ntles Fatigued and depleted BAM staffers do not see Lin~ Let me tT'Y and I'ecite . .. . 1 brea th e a dee}) sigh coIn Center as a threat. "There Offel', acceptance, eX1yreSS and implied It's l'eally ovel' is such a glut of talent," re­ Silence allcl 1Ise of the goods as supplied. I didll't c1,e marked Kate MacIntyre. "The Offel', not a meTe quotation. Relief S1rups ov el', competition keeps us on our Change in terms - a ?·evocation. Tensiolls .fade toes .... What is important to AIistake in bid from calcHlation. A nd I swear that I'm not g01l1lA thj,nJc about grade• • remember is that BAM has Pe),/ol'm mistake, there's l·eform.ation, proved that it can function as a Fonnal contract contemplation, © 1976 JANE G. STEVENS viable institution for the arts."

Published by BrooklynWorks, 1976 3 The Justinian, Vol. 1976 [1976], Iss. 8, Art. 1

JUS T INI A N Tuesday, December 14, 1976

It simply connotes a field of be limited to ad hoc committees Herrmann v. Crea endeavor for which this neigh­ Curriculum Committee Problem formed for specific purposes, (Col1ttlllled frqm Page 1) borhood is popular and, indeed, (Continued from Page 1) a committee ... is largely vol­ until the appointment of a new incompentency [sic] in plaintiff's, famous. To hold otherwise interested students, as are all untary. . . . My su picion is dean. This would be "a good op­ or in this case, defendant's pro­ would be to ignore major con­ student-facl;1lty committee meet- .. . if the Dean requested any portunity to investigate what fession as an attorney. (2 Seel­ tributions to the law and the ings. professor on the faculty to serve went wrong," said Yonge, "and man, id. chap. 3, pars. 14,18). criminal and civil justice sys­ Relafions Meeting on that Committee, that person to correct it, including the selec­ The court has given consider­ tems of the Brooklyn bar. In individual and, except for would refuse." tion process for student mem­ able thought and deliberation former facu Uy chairperson John The SBA Executive Board has bers, . . . their academic cre­ to those factors that distinguish Meehan, identical memos, all re­ sent a letter to the Dean, ask­ dentials, etc." "hat the parties term "Wall cently resigned members of the ing him to appoint new faculty "The Committee has not been S treet Lawyers" as opposed to S"tudent / Faculty Curriculum members to the Curriculum abolished; it is simply quiescent the "Court Street Lawyer;' re­ Committee declined an invita­ Committee. . .." said Leitner. "The faculty ferred to in the complaint. As a tion extended by the Student/ "If I were asked to serve on thinks the Committee has done general rule the court notes that F aculty Relations Committee to this committee," agreed Prof. its work." the latter group, and now the attend the December 2 meeting. Johnson, "I would decline until Prof. Johnson . felt that the court refers to these practition­ At the meeting, members of the I knew something more about Committee's work was not com­ ers purely in the geographical SBA Executive Board attempted why previous members had re­ plete, and expressed fears for sen 'e, conduct few, if any, of to explain the events leading up signed." the future of other student-fac­ the major anti-trust or SEC ac­ to the resignation of two out of Underlying reasons for the ulty committees. He challenged tions for our national and inter­ four student members of the resignations could not be ascer­ the SBA Executive Board's ex­ national corporations. Fewer Curriculum Committee. tained at the meeting except by planation of its motives in the major corporate mergers are ne­ "Thel'e has been no misunder­ hearsay, since none of the re­ Fernandez appointment: "Why gotiated on or in the Court standing of the facts ... ," stated signing members attended. did the SBA Executive Board S treet vicinity than on Wall Meehan in his memo. "Our con­ Appropriate F orum? pursue this, if the position of ~treet or Madison Avenue. cern was the impact of those chairperson is not so important?" "There is no dispute here On the other hand, local facts upon the Committee's func­ Prof. Schenk thinks that the (Photo by Marcia Knigin j which is so ught to be mediat­ p ractitioners have excelled and tioning, and not the details of SBA action was politically Ex-BLS Prof. W. S. Herrmann, ed. ." maintained Meehan in b en responsible for innovations how or why those came about." motivated, but that it is none of plaintiff his'l'nemo. "Further, speaking and growth of tbe law in the "It's my opinion that the fac­ the faculty's business. important fields of personal in­ ulty resigned due to a misinter­ as an individual faculty mem­ The court recognizes that its "If someone has been on the pretation of what the SBA Exec ber, I do not regard your Com­ jury litigation, criminal and obligation, on a motion for committee for three years, why Board had done," asserted J ayne mittee (Relations) as the ap­ can titutional law and in the summary judgment, -is "issue pick someone else as chair?" l' Robinson at the meeting. She propriate forum in which to re­ al estate area. The distinguish­ finding rather than issue determ­ asked Johnson. "What was ... contended that the decision to view any action of mine taken ing characteristics between le­ ination." (Esteve v. Abad, 271 I think the hardest working .g 1 practitioners in the Court appoint Fernandez had been in an official capacity." A.D. 725, 68 N.Y.S. 2d 322; Sill­ committee in this law school is Street neighborhood and their made "on the merits." Professor Deborah' Schenk, man v. Twentieth Century Fox, out of commission." colleagues on Wall Street is not 3 N.Y. 2d 395, 165 N.Y.S. 2d But Professor George J ohn­ faculty chairperson of the Stu­ t in the quality of the work pro­ 498.) son, a member of the Relations dent / Faculty Relations Com­ Arlene Robinson, stu den duced, for indeed Court Street Nevertheless, "the Court Committee, had heard that Diane mittee, felt her Committee was member of the Relations Com­ h s produced a considerable shirks its duty if it creates an Fernandez had been appointed an appropriate place to "air mittee, feels that "we're losing number of eminent members of issue, when none exists, solely "to shake up the committee and grievances" of this nature, but a right" in the loss of the Cur­ b th the bench and bar, but in to foist decision upon a jury." to get it to do more work. If insisted that the Relations Com­ riculum Committee. the areas or field of practice. (Crane v. New York World­ that is true, it's not likely "that mittee had no power to require "This was no right," countered The appellation "Court Street Telegram Corp., 303 N.Y. 470 at any' faculty members will want explanations from either faculty Schenk. "This is a faculty com­ L awyer," while it may not have 479.) to serve on the Committee." or students. mittee which student members the positive social stature (with Accor dingly, plaintiff's motion "I am not yet thoroughly con­ "What is it that you (the Ex­ attend by invitation. If you stu­ possible financial remunerations) for summary judgment dismiss­ vinced that I know the reason ecutive Board) want us to do?" dents want a curriculum com­ a sociated with membership in ing the counterclaim is granted. why six professors resigned en queried Schenk. mittee, there's no reason why the Wall Street firms, by no . Defendant's cross-motion is de­ masse," offered fellow commit­ "My own view regarding cur­ you can't form one." means betokens incompetence. nied. tee member Jerome Leitner, riculum," suggested Leitner, "is "If the Dean does not appoint "and I would be reluctant to that now .. . is a good time to new [faculty] members, we want Commentary put my nose into a buzz saw" give curriculum a rest. ... I'd a letter stating the reasons why by accepting appointment after like some calm and tranquility not," said SBA President How­ such a mass resignation. to let things cool out." ard Peltz. "Pursuant to local custom," Profes or Philip Yonge sug­ Leitner: "I'm not · at all sure Waiting for Jimmy said P rof. Leitner, "service on gested that curriculum activity you'll get such a letter." By MICHAEL WEINBERGER crate and started to yell at the taxi company. He told me that mester. He expects the DSC's The oil ministers of the OPEC customers. they told him that they didn't report to be sent to the Board countries were supposed to meet "Listen, I'm sick and tired of need his services as an automo­ Dean Search of Trustees in early January. this year sometime in Decem­ all of you complaining about bile controller engineer - a Although there are three ber. However, the date of that the pl:ice of my fruit going up hack - any longer. more candidates who are ser­ conference may be changed. It and up and up, so I've decided Nearing an End I asked him, "Smarts, are you iously being considered for the seems that one of the ministers to do something about it. Jimmy looking for a job?" By RICHARD GRAYSON position of dean - Judge I. Leo has suggested that the confer­ Carter promised to hold down "No," he said. "I'm waiting to Glasser, adjunct professor at ence be held after Jimmy Carter inflation if he got elected Presi­ Two candidates to replace re­ play my trump card - Jimmy BLS and a Family Court judge; takes office. Everywhere you dent, so I'm not going to sell tiring Dean Raymond Lisle were Carter. Look, I could get a job Judge Edward Thompson, turn, people are putting off im­ any more fruit till J anuary 20th. interviewed by the Student a right now for about ten thou­ member of the BLS Board of portant and even not so impor­ Then we'll all have nice low Decanal Search Committee sand a year, but if I wait till Trustees and Administrative tant decisions while they 'wait prices, and everyone will be (SDSC) last month. J anuary 20th, when the unem­ Judge of the New York City and see' what the new president happy." Professor Clifford Davis of Dloyment rate goes down to 4%, Civil Court; and another mem­ will do. This created quite a stir the University of Connect cut there will be such a demand for ber of the 10caJ community who For instanc e, in my neighbor­ among the customers. Mrs. Pe­ School of Law visited BLS on people like me that I could wishes anonymity until later hood the other day we had a trillo shouted to Mr. Quiggs, November 16. The SDSC was probably hold out for twenty small fire. Nothing too impor­ "That's a fine idea, Mr. Quiggs not. impressed by Prof. Davis' this month - the DSC will in­ r thirty thousand." terview, at most, two of the re­ tant - dumb Fred's television - almost as good at waiting for administrative abilities. Accord­ "Gee, Smarts," I said, "No maining candidates sometime set exploded, and his living Jimmy before we call the fire ing to an exclusive memo sup­ wonder you have a magna cum this month. room furniture rapidly started department to put out dumb plied to the Justinian, the Com­ k ~ ppa - you're a genius!" to oxidize. One member of the Fred's fire. But listen, I've got mittee felt that P rof. Davis took "That's right!" he said, trying crowd gathered in front of his company coming tonight, and I neither the Committee nor his to feign modesty. "And how h use suggested calling the fire planned on serving baked ap­ decanal candidacy very serious­ many times do I have to sell Students ,KO'ed de partment. He was quickly in- ples for dessert. I just have to ly. The SDSC wrote, "While the YuU, that's a summa cum kappa, 10rmed of the foolishness of this have those apples!" Committee found that his can­ (Conthmed from Page 1) not a magna cum kappa. And if Interviews with three faculty suggestion. Mr. Quiggs answered, " Oh dor and sense of humor might I wait t;!\ January 20th, I can members - Professors Richard "Don't call the fire depart­ yea? What's it worth -to you,'" be amusing in the classroom, he probably trade it in for a supa Allan, Stacy Caplow and J erome I ent now. It's better to wait a To which Mrs. Petrillo re­ lacked the qualities the Com­ dupa cum kappa. It's just a Leitner - failed to turn up any little while," a second person plied, "I'll give you twice your mittee is looking for in a dean." que£tion of waiting for Jimmy." reason why the faculty voted in told him. The latter continued, regular price if you sell me the On November 23, Professor favor of unbalanced representa­ "Listen, Jimmy Carter pledged apples now. I just can't wait till Charles Ehren, J r., visitll1g tion. to help the cities if he got elect­ January 20th." Practice Court scholar at the Columbia Univer­ Howard Peltz asked fo ur oth­ ed P re ident, right? So, helping "Sold!" said Mr. Quiggs. And Specia l to The Justinian sity School of Law, was inter­ the cities also means helping so it went on, all the shoppers NEW COURSE - A new viewed by the Committee. The er faculty members - Profes­ the fire departments, right? So bidding for fruit at high prices, course called "Practice Court" exclusive memo to the J ustin­ sor Deborah Schenk, David why don't we wait for Jimmy so that they could wait for Jim­ will be offered next semester. ian dealing with Prof. Ehren Rice, J ohn Meehan and Brian Carter to take office, and then my to become President and Signs will be posted in late J an­ took special note of his "im­ Comerford - why this imbal­ ",e'll be able to call a first class then pay low prices. It was a uary with the details. Accord­ pressive administrative back­ anced committee was passed by fi re department to dumb Fred's wonderful public display of ing to William Holzman, assist­ ground as well as substantial the faculty. He did not Jearn house?" communal patience. ant to the dean, the no-credit teaching experience, and re­ much from them. "It was done "But by then the fire will be And then there's my friend course will meet several times a search" and writing credentials." purposely, but I didn't really over," came the reply. Smarts. Smarts is a brilliant week. The course is the resump­ Prof. Richard Farrell, a mem­ get answers from anyone." "Listen, what do you want, guy. He's got a Ph.D. and a tion of the p ractice court which ber of the Decanal Search Com­ But P rof. Allan did say, "The fast work or quality service?" doctorate, a magna cum kappa was an institution at BLS for mittee (DSC) chaired by Dean lack of students [on the com­ That seemed to settle it. and a phi beta laude. You'd fig­ many years. The rebirth was Emeritus Jerome Prince, said mittee] won't stop the faculty. Meanwhile, on the avenue Mr. ure he's got to be one happy the idea of J udge Abraham that he hopes his Committee Why can't the faculty do self­ Quiggs, the owner of the fruit guy, right? Well, the other day Multer, president of the BLS will complete its interviewing analysis without student par­ store, got on top of an orange he got laid off his job with tae Alumni Association. process by the end pf the se- ticipation?" https://brooklynworks.brooklaw.edu/justinian/vol1976/iss8/1 4