The Docket, Issue 7, May 1984
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The Docket Historical Archives 5-1-1984 The Docket, Issue 7, May 1984 Follow this and additional works at: https://digitalcommons.law.villanova.edu/docket Recommended Citation "The Docket, Issue 7, May 1984" (1984). The Docket. 106. https://digitalcommons.law.villanova.edu/docket/106 This 1983-1984 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. -.•* '.-Sr Wr.- THE Vol. XX, No. 7 DOCKETTHE VILLANOVA SCHOOL OF LAW May, 1984 NISENBAUM, REDD: Danger In Dangerousness by Mary Porter Villanova Law School hosted the Eighth VICTORS IN '84 Annual Donald A. Giannella Memorial lec ture on Friday, March 23, 1984 at Garey REIMEL FINAL Hall. Those attending were privileged to witness Professor Norval Morris' presenta by Michael Gallagher tion of "The Danger in 'Dangerousness' in On April 6, the Moot Court Board hosted Civil Commitments." the final round of this year's Reimel Moot Professor Morris is the Julius Kreeger Court Competition.The team of Nancy Professor of Law and Criminology at the Redd and Sylvia Nisenbaum defeated Ri University of Chicago where he has served chard Mennies and Robert Nice in a lively on the faculty since 1964. In addition. Pro contest before a large audience. On the fessor Morris was appointed to the law fa panel were the Honorable George Pratt of culty at the London School of Economics the Second Circuit Court of Appeals, the and served as Senior Lecturer in Law at the Honorable Arlin Adams of the Third Cir University of Melbourne. He has also been cuit, and the Honorable Rita Davidson of Chairman of the Ceylon Commission on the Maryland Court of Appeals. Capital Punishment, Director of the U.N. Judge Pratt described this year's moot Institute for the Prevention of Crime and court problem as one that could only have Reimels finalists with judges and faculty advisor, John Hyson. Treatment of Offenders, and Special As been produced "by a devilish mind." Un- employer for her violations of the 1934 Act. standard. Under a statute that purports to sistant to the U.S. Attorney General. Mor been produced "by a devilish mind." On the ris has authored eight books and numerous Ms. Redd and Ms. Nissenbaum argued more rigorously police the securities mar surface it was a case brought under the' law review articles and other publications. for the petitioners. Ms. Redd attempted to ket, brokerage firms should not be allowed Securities and Exchange Act of 1934. Un-. He has taken a critical view of traditional establish that the lower court erred in find a defense that didn't exist previously. derneath it was a mystery wrapped in an i concepts of mental health- and responsi ing Defoe was in pari delicto. Her basic She argued that the controlling person enigma. bility in his recent book, Madness Crimi point was that niether Defoe nor Lamia provision should apply only to unusual cir The case revolved around the fraudulent nal Law. were insiders as defined by the Supreme cumstances that common law did not dealings of Ann Lamia, a stockbroker em Morris began by defining a friend not as Court in prior cases. Therefore, Defoe had reach; for example, the use of dummy direc ployed by Higgins, Benton and Hartson "one who will visit you in prison," but as no duty to disclose the information. And in tors to control corporate acts. In addition, (HBH). She duped one of her clients, Daniel "one who will go to your lecture." comparing Lamia's fraud against Defoe's she pointed out that a majority of the cir DeFoe, into buying a large block of stock by mischief, he was much less at fault.' cuit court who have dealt with the issue In his lecture, Morris theorized that telling him she had a hot tip. Actually, she have applied respondeat superior. while we say we commit the insane in civil had made it up. But DeFoe believed her, Ms. Nisenbaum then argued that the proceedings on the basis of the individual's bought the stock and subsequently suf Court should find as a matter of law that Mr. Nice ar^ed for^ the respondent, HBH, that Danile Defoe was in pari de "dangerousness" to himself or herself, or fered a large financial loss. As usual, after respondeat superior is appropriate under to society, we are actually using some doing the dirty deed, the wrongdoer disap the 19834 Act. She argued that the purpose licto since he had substantially caused his loss by his unlawful acts. other, as yet undefined standard, for com peared. So the question on appeal before the of theAct was to supplement, not replace, mitment. Morris' theory was premised on the common law. Under the common law, Supreme Court of the United States was (Continued from page 7) the historical treatment of confinement of whether DeFoe could recover from Lamia's employers were held to a strict liability the insane, empirical data, common expe^ riential information, and Morris' interpre tation of recent case law concerning Emii Giordano Governs Garey Hall commitment of the insane. Morris observed that predictions of "dan by James Watkins couraged; social organizations that put on gerousness" are implicit in a number of Emil Giordano was elected President of non-law functions are very important, es areas of criminal law. Vagrancy laws, hab the Student Bar Association after two pecially for IL's," Giordano said. "Social itual sex offenders laws and other pre days of balloting on April 10 and 11. (com organizations such as the Rugby Club,Jew emptive strike statutes rest on predictions plete election results are listed below.) Gi ish Law Students Association and BALSA of "d'angerousness." Sentencing fre ordano, a second-year student, succeeds should be encouraged with more funding," quently requires classification of defend outgoing SBA President Kirk Karagelian he said. ants into dangerous and non-dangerous whom Giordano praised for providing a Giordano also would encourage the stu groups. A finding of "dangerousness" has year of strong leadership. Interviewed dent organizations themselves to generate been held to be sufficient to justify capital shortly after his victory, Giordano ex income through various fund-raising activ punishment. pressed gratitude to all of his campaign ities. Giordano suggested that "Every or Morris traced the history of civil commit supporters and appeared delighted at the ganization, where possible, should have a ment of the insane and said the early 10th overall election results. fund-raiser, so should other organiza Century views in this country were largely "I'm really looking forward to working tions." paternalistic and benign. Mental illness with the new Dean," Giordano said, citing was seen as a product of the poor, crowded, several areas in which he would seek to When asked about student concerns over the Placement Department's effectiveness, urban environment, and asylums were pro influence administration policy. Giordano vided where these individuals could retreat mentioned that he would try to promote an Giordano chuckled, stating that, "I have no problems with the Placement Department to a safe, orderly and peaceful daily regime. increased emphasis on relations between Society took care of the insane, as though alumni and students: "I'd like to see a — I have a job this summer which I got myself." they were children. course where one day a week the students Later, attitudes towards civil commit could get out and work with alumni," he As to the law school staff, Giordano ex Emil Giordano, SBA President, 1984-85. pressed pleasure at the prospect of working ment changed as courts perceived a need to said. "Temple already has such a program; isolate and control the insane and protect I feel that time spent outside class is often with Mrs. Murphy: "I think Mrs. Murphy received." has to be the most wonderful person in the and insulate society from contact with the more valuable than time in class. I have Giordano would also like to see increased insane. Such confinement insured that the had contact with several alumni members law school. I mean it. She is one person I funding for student organizations. "The so know who is deeply committed to everyone insane would neither injure themselves and I believe such a program would be well- cial atmosphere at Villanova should be en- in the school." nor others. This principle still applies to- (Continued on page 7) Controversy Mires The following are the official results of the recent SBA elections: President — Emil Giordano SBA Elections Vice-President — Edie Longenbach Treasurer — Sandra Buschmann by James Watkins Secretary — Brian Wenger A number of controversies surrounded Class of 1985 Representatives — Joe Piscina, Natalie Habert and Mark Richter this year's SBA elections, including a deci Class of 1986 Representatives — David Glickman, Lenore Myers and Ed Huber sion to allow write-in candidates made the University Senator — Rich Mroz night before the election. The decision was ABA/LSD Representative — Nora Winkelman prompted by a complaint made by Mark Richter, a second-year student who was pseudonym, "Syd Wymp." In addition to find no student named "Syd Wymp." Saile elected to an SBA Representative position publication in the Docket, Richter's car also stated that he had asked "several third by write-in votes. Second-year student Na toons appear regularly on the student bul years" if they knew who "Syd Wymp" was, talie Habert also took advantage of the letin board outside the student lounge. but to no avail.