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. Accordingly, Saile explain­ write-in decision to run a successful, last- ed, he determined that the petition was minute campaign. Honor Board Chairman Jim Saile dis­ filed as "a joke" and threw the petition into A lengthy investigation by the Docket missed the petition as "a joke,"and omitted the trash. substantiates the following account of the "Syd Wymp" from theofficial ballot. When write-in controversy. Richter maintained that his candidacy Shortly before the filing deadline ended, Richter learned of Saile's decision, after the was indeed serious and that no rule re­ a week before the elections, Richter submit­ filing deadline had passed, he confronted quired him to run under his legal name. ted a nominating petition under the name Saile and requested that the ballot be Nevertheless, Richter offered to bear the expense of reprinting the ballots to include "Syd Wymp" signed by the required amended to include his candidacy. Saile re­ sponded that the SBA rules require that a his legal name, "Mark Richter." Saile re­ number of 32 students. Richter, a cartoo­ candidate be a student in good standing, fused, citing "unfairness to the other candi­ nist for the Docket, has had a long-time and that upon receipt of Richter's petition dates who seriously filed petitions practice of signing his cartoons with the Saile checked the "student list" and could (Continued on page 3) Page 2 » POCKET • May, 1984 LETTERS TO THE EDITOR Day of Rest After the final ballots for the election had The EDITORIAL been sent to the printer, Mark Richter ap­ Dear Editor, pealed that decision to Dean Garbarino. I hesitate to write this in anticipation of The Dean then requested a meeting with the reaction it will undoubtedly provoke, Jim Saile, the Chairman of the Honor for a mob reaction is not my object. Board, and Richter. Since I felt that the WHO CARES ANYWAY! This semester the upperclassmen have S.B.A. had a vested interest in defending exams on Sundays. This may not be monu­ the integrity of the election process, which Villanova Law School is society in microcosm. We have never been mental to everyone, but it drives home the requires all candidates to be students in able to escape by hiding in our ivory tower. The ills of society in general proposition that Villanova is not, in fact, a good standing, I asked to attend that meet­ are also prevalent at VLS. The most pervasive and potentially dan­ Catholic Law School. ing in my capacity as Vice President of the If a student wants to change his/her S.B.A. Both Richter and Saile consented to gerous problem which we face is the unyielding apathy of the American exam schedule to avoid a Sunday exam for people. Apathy is most evident when we conduct a general election. The my presence. religious reasons, production of a signed After each party had spoken their views, U.S.A. consistently has one of the lowest voter turnouts in the world. excuse from the student's priest is re­ the Dean asked that the S.B.A. and the People in the U.S.A. have a habit of feeling that their lone vote does not quired. This would be a perfectly valid (and Honor Board meet and make formal recom­ really matter. The exit polls predict all the winners and there is no real necessary) requirement, but it seems just a mendations to him later that evening. All tad inequitable in light of the policy of the reason to vote. Everything is decided ahead of time. parties, including Richter, indicated their legal writing staff last year to encourage satisfaction with this method of resolving By far the most striking accomplishment of Jesse Jackson's Rainbow first year students to change the timing of the dispute. Coalition has been dealing with that apathy which manifests itself as low Moot Court I arguments to conform to Jew­ I considered the Dean's suggestion to be voter turnout. The Jackson campaign not only got hundreds of thousands ish holidays. The Jewish students were not the fairest action possible under the cir­ required to produce signed excuses from cumstances. The S.B.A. met and, after lis­ of people to register; he got them to vote also. Jackson gives them a sense of their rabbis. The situations should be belonging in the political process. tening to Richter, voted to recommend treated the same, since Moot Court I is as several alternative courses of action. The most disastrous consequence of apathy today is the big stick that important as a final (since oral argument is Although several individuals, including voter disinterest is allowing Mr. Reagan to swing in. the area of foreign a major factor in whether a student makes myself, had strong opinions on the issue of Moot Court Board). the "Wymp" candidacy, all parties to the policy. How can anyone sit idly by as President Reagan invokes the It's upsetting to me as a Catholic to feel Monroe Doctrine as justification for refusing the recognize the World dispute did the best they could to act fairly that I can't express myself as a Catholic in and impartially. Court's jurisdiction over Nicarag:ua: and thenTie moves six feet to the a Catholic University without measuring Any allegations of crony-ism or inference right, sits down, and signs a proclamation for Law Day. The man has my words. Permit me to illustrate. that the S.B.A. or the Honor Board in­ absolutely no sense of continuity, responsibility or shame. A short time ago, I was in the hall on the tended to blackball Richter or any other first floor and could not avoid hearing a candidate has no basis in fact. Any such It is now too late to do anything about Grenada and Lebanon, but we " Jewish student loudly proclaiming her dis­ should take those experiences as lessons. Reagan cannot be allowed to insinuation is simple, groundless hearsay gust for the crucifixes placed throughout which may tarnish the reputations of peo­ think that he can act as he will and, no matter what, the American people V.L.S. I felt an urge to respond that she was ple doing the best job they could under ob­ will follow along blindly. Reagan is marching us right back to the mental­ offending me, but I dared not for fear that I viously confusing circumstances. ity of Watergate and in the process he is systematically destroying all that would be eagerly branded an anti-Semite. I The S.B.A. met and voted on the issue might suggest to that youi^ woman that if specifically at the ^uest of Dean Garba­ was accomplished by the Carter Administration in the way of open and she is offended by crucifixes, she might responsible government. The days of the Imperial Presidency were re­ rino. As stated, its interest was in protect­ have chosen to attend a public-operated law ing the voting process and assistingall par­ soundingly ushered out by the gavel of Judge John J. Sirica in the Water­ school or a Jewish school. ties in fairly resolving the dispute. gate trials. We cannot let Reagan use the general apathy of the voting I really can't urge any action or discus­ Tom Wilkinson public to bring back the days of trickery, lies and deception. We have come sion that would solve these problems, as Vice-President "you can't legislate an attitude." Student Bar Association too far to backslide. All I might suggest is that if V.L.S. de­ Another example of Reagan's general disregard for the best interests cides that there is nothing improper in the Tacky Policy of the American people is well pointed out by the controversy surrounding way things seem to be heading, V.L.S. Edwin Meese. He is a businessman and a crook. He probably hasn't had should acknowledge to the world that it is To The Editor: an ethically pure thought in years. Why can't Reagan see this? Chances not a Catholic Law School so as not to at­ The focus of my letter is to express my tract qualified students who might expect great disatisfaction with the school admin­ are that he does see it, but feels that the amazing apathy of the American more from a Catholic Law School. istration's present policy of not allowing public will allow him to sweep the whole Meese crisis under the carpet Name Withheld material with a political bent to be placed before the November elections. How could anyone seriously consider anywhere within the law school. This pol­ appointing Meese to be the No. 1 representative of the American people; icy, however, bespeaks of a greater under­ Equal Time lying problem that I have become aware of the Attorney General. in my two years at Villanova Law School. If the Meese case were an aberration, then it could be conceivable To the Editor, I would like to make a few comments in Namely, that the law school administra­ that Reagan is not disregarding the interests of the American people for response to your editorial, "Our School," in tion does not appear to recognize the fact the sake of personal gain. However, the problem is not so limited. Reagan your April edition. I refer specifically to that the student body is made up of mature is completely surrounded by untrustworthy and unscrupulous people. He your comment concerning faculty-student adults and not pre-pubescent adolescents committees at VLS, quote, ". . .they meet who need to be told what they can and has filled the government with appointees who have no ethics. Is he blind cannot do at THEIR school. to this? Is he just a latter day Ulysses S. Grant floating in a pure, clean infrequently and the student population rarely sees any results that come directly I find it incomprehensible that material lifeboat on a sea of filth and dirt? Or, is it just that he doesn't think we from those meetings." At least as applied to informing students of information concern­ have the gumption to do anything about it. We, as Americans, cannot the Curriculum Committee, your state­ ing issues that will lead them to make more afford to let him think that way. We cannot afford to have him further ment is a crock! This year the Curriculum informed, rational choices in the political Committee has met at least every two process is banned in a law school. Does the destroy the reputation of country at home or abroad. administration forget the fact that it is law­ The recent S.B.A. election was remarkable in that the voter turnout weeks and often more frequently. The re­ sults will be in your hands when you regis­ yers who have traditionally been a major was the highest in years. Perhaps the old adage, "If you don't vote you ter your course selections for next fall. force in running the government in this can't complain about who is elected," had something to do with it. The Perhaps the next time you make such a country? That it is lawyers who have large turnout is a cause for pride at VLS. Perhaps this shows that there is broad and inaccurate statement, you will fought to insure that basic democratic have the courtesy and professionalism to rights under the Constitution such as free hope for us after all. Given the most convenient possible polling place we speech are upheld? What then is the pur­ came through. Now we have to carry that through to the November qualify the statement. As to your comment that you, "applaud pose of trying to make Villanova Law elections. S.B.A. efforts to make student members of School an island removed from those prob­ Voting is a responsibility and a privilege, not a fruitless waste of time those committees responsible . . .,"1 think lems and occurrences which are facing our and thought; unless, of course, you belong to the ranks of the apathetic that sounds like a great idea. If I ever hear country today and which many VLS stu­ who can honestly say, "Aah, who cares who it is who represents me, my from anyone, anyone at all, from the S.B.A. dents will be directly dealing with after concerning my work on the Curriculum graduation? Is it because of a desire on the country or my law school." _ T.A.T. Committee, I will gladly respond. However, part of the administration to wallow in a I would note that I have never heard from sea of mediocrity so as not to offend any anyone from the S.B.A., they did not even potential philanthropist who may be walk- On Smoke-filled Rooms tell me I had won the election for the posi­ (Continued on page 3) No one involved with this year's SBA elections is happy with the tion. I found out the way everyone else did, manner in which the elections were conducted. No one should be. While i.e., the general notice on the bulletin there are no allegations of fraud, appearances of impropriety were board. THE One final comment, I think your idea of a DOCKET rampant throughout the campaign and election periods. The entire "Town Meeting" with Dean Murray is a "Syd Wymp" affair smacked of an attempt by outgoing SBA and Honor good one. Have you bothered to officially The Docket is published monthty by the students of Villanova Law School, Villanova University, Villanova. Pa. 19085. Letters and articles Board leaders to dictate in advance the composition of next year's SBA propose it to anyone? are welcome from students, faculty, alumni and the community. Paid Respectfidly, advertisements are also accepted. Please contact the Docket office for administration, short-cutting the election process and insuring mem­ details. bership only to those deemed "worthy." Patrick K. O'Neill Curriculum Committee Editor-in-Chtef WThile officially professing non-biased impartiality, both the SBA Thomas Anthony Thornton - and Honor Board presidents nevertheless strongly argued particular SBA on Elections Managing Editor* Mary Porter positions in closed-door meetings of their respective organizations. James Watkins Asaoctate Editors Editors: Copy Editor Anna Arakelian Whatever their actual motivations may have been, the byproduct was P,J. Redmond I would like to clarify certain aspects of Michael T. McGrath Photographers an impression of politics at its unseemly worst in a situation where Katie Tana the controversy over the S.B.A. candidacy Jim Dalton Business Manager Julius Lang impartiality should have been at its zenith. of Mark Richter, a.k.a. Syd Wymp. Under Sue Verona Andrew Wohl Sports EdHor Cartoonist The controversy sounds a sad ending note to what otherwise was a the S.B.A. Constitution, the duty of run­ Sydmund Wymp ning elections is delegated by the S.B.A. to Tom Thornton strong year of rejuvenation for the SBA. The accomplishments of StaH: Walter Champion, Mike Gallagher, Charlie Howland, Mary Ann the Chairman of the Honor Board. When Knight, Michele Monaco, Sean Abdul O'Grady. James O'Neill. outgoing President Karagelian and his administration were truly ex­ Rick Ranieri. Ellen Resinski. Mark Richter, Karl Scheuermann. presented with a petition for "Syd Wymp" •Perry Simon. G. Elaine Smith. Gina Vogel, Joe Zahm, Natalie ceptional in light of certain past SBA administrations prone to apathy. Habert. Jeff Edelson, M. Th. Borque, Sue O'Brien. Kevin which did not identify the candidate in any McKenna, Cason Graff. Barb Dively, Randy Zakreski. Gerry The shortcomings of the election procedures, though serious, Dougherty. Robyn Goldstein. Angelo G. MacDonald. Jackie other way, the Chairman of the Honor Shulman. Tom O'Keefe, Daniel Weisman, Andrew Wohl, Alice should not be allowed to detract from Karagelian's accomplishment in Board consulted with the S.B.A. President Solomon building a strong and active organization. and decided to disqualify what was seen as Faculty Adviaor Prof. John Cannon - J.W. a purely satirical petition. -May, 1984 > DOCKET • Page 3 LETTERS CONTINUED 1 OFF THE RECORD by Ralph George ing through Garey Hall on any given day? More information will be forthcoming At the start of the school year we were this Summer. A law professor at the University of Moscow recently remarked treated to an administration-written edi­ Sincerely yours, during a lecture that several students sitting in the back of the classroom torial in the first edition of the DOCKET. Bobby O'Neill looked unfamiliar. The incident was reported in last month's edition of That editorial spoke of the aspiration to Captain 1983-84 the ABA's Student Lawyer magazine; it reveals that the problem of make VLS the Harvard of Philadelphia. That aspiration will never be fulfilled if the absenteeism extends far beyond the confines of Garey Hall. administration's present policy of not re­ An Open Letter The subject of poor class attendance has been a recurring topic at specting and taking into account the opin­ recent faculty meetings, Docket sources report. The faculty's concern ions of the student body continues. to the Faculty: has apparently gone beyond general lamentations and involves the dis­ Harvard Law School, as well as the other cussion of perceived "hard-core" student offenders by name. So far, the big name law schools in this country, did not get to where they are by prostituting Future Interests result of the faculty's deliberations has been strong words from the themselves to the ideologies of some podium in a few courses. Whether further remedial measures are contem­ wealthy financial contributors. They plated is not clear. reached their heights by understanding the To the Faculty: What is more apparent, however, is that what the faculty character­ fact that a university's basic function is to The Student Bar Association believes izes as an "attendance problem" may at least partially be viewed as a provide a wide and open forum for many that open and effective communication be­ diverse opinions and beliefs. A function tween students, faculty and the adminis­ natural consequence of the present structure of this country's legal that students have a major role in by im­ tration will redound to the benefit of all system. Private law firms, governmental agencies, state and federal parting and receiving information amongst members of the Law School community. judges, community legal services and many law professors all rely on law their fellow peers. I find it very sad indeed We further believe that the existing com­ mittee system can play a valuable role in students as integral components of their professional operations. If all that Villanova Law School is not the "wide law students across the country were suddenly to begin perfect attend­ and open forum" it should be. fostering such communication. To these Thomas A. O'Keefe ends we recently have amended our Consti­ ance records, the American legal system, already operating at a snail's tution to require that the S.B.A. invite re­ pace, would come to a near standstill. There would be no law students presentatives of each student-faculty available during office hours to conduct initial client interviews, carry on committee to come before a meeting of the research, draft briefs, bench memos and court opinions. It is no exag­ Leather Balls S.B.A. executive board twice each aca­ demic year to discuss items of mutual con­ geration to state that the practicing legal profession indirectlyencourages cern. law student absenteeism by its strong reliance on student work skills. Dear Alumni Ruggers: To supplement this move we ask that the Such a conflict between employment responsibilities and classroom The Villanova Law School Rugby Club faculty take a stronger role in getting the attendance is nearly impossible for most students to avoid. Even the most (a.k.a. Gary Hall) is interested in contact­ Committees organiz^ each year. After stu­ carefully planned course selection cannot clear more than a few consecu­ ing former ruggers. For the Fall we are dent members are elected we ask that the planning a reunion which will feature a faculty head of the Committee call the first tive hours of "free" time during the week. This scheduling dilemma is game between an alumni team and the meeting. At that meeting the faculty made all the more difficult by the lack of clinical courses at VLS through school team. Afterwards, a barbecue, beer, member should explain what the Commit­ which student employment could be channelled. The sole unrestricted and bull is on the agenda. tee does and work with students to develop clinical offering is the VCLS program, which provides an excellent oppor­ At this time what we need is an address an agenda and discuss a schedule of r^ular tunity for practical work experience, but is severely limited in its scope. A of all those interested in this event. It meetings. should prove to be a day of good clean fun. Thank you for your consideration of greater variety of "hands-on" credit courses would help alleviate current In order to participate in this event send us these important issues. attendance problems. your address by August 1, 1984. Sincerely, The most compelling reason students seek employment during Addresses can be sent; c/o Rugby Club, Kirk K. Karagelian school semesters, however, is to meet the economic burdens of living Alumni Office, Villanova Law School, Vil­ President Student Bar Association expenses on top of a $20,000 education. Available student loans fall far lanova, PA 19085. short of the amount needed to finance a successful "paper chase." Steady employment during school semesters is the only realistic avenue for many students. Election Controversy Now, all this is not to say that the faculty's concern over class attend­ ance is improper. Indeed, a law school should produce more than simply a of the Honor Board "did not feel as strongly lawyer who knows what papers to draw up to make a buck. Ideally a law­ (Continued from page 1) about it as I did." yer should be a competent scholar, well-versed in the theory behind the conforming to the rules." When reminded Other complaints made during the law he practices. The classroom experience is vital to the achievement of that only one other candidate had filed for course of the elections included one objec­ the three vacant Representative positions, tion that the official voter registration list this ideal and the integrity of the profession demands that no compro­ Saiie again refused to amend the ballots, was openly consulted by at least one candi­ mises be made. Nevertheless, when considering the problem of classroom contending that the elections had been date who then proceeded to recruit votes attendance the faculty should not forget economic realities as well as the structured to fill the two remaining vacan­ from persons whom the list indicated had inseparable role, whether for good or bad, that law students currently cies with the second-place finishers in the not yet voted. Another complaint involved play in this country's legal system. Presidential and Vice-Presidential races. the dekruction of campaign posters. When asked for the authority behind Two formal objections were filed with such a structuring, Saile replied that "the the Honor Board prior to the announce­ rules are silent on this point" and that he ment of the election results. Citing policy, Joseph Wenk Fellowship and SBA President Karagelian had decided Saile refused to disclose the nature and dis­ by Mary Porter that such a procedure was desirable in position of those objections, replying only Academic interests brought him back to order to fill the vacancies. Karagelian re­ that the election results were official as The Wenk Memorial Fund is sponsoring VLS as an Assistant Professor in 1973. He fused to comment, saying only that "the announced. Docket sources report that a $500.00 research fellowship for second or was appointed Professor of Law in 1976. At SBA delegated the authority to conduct the the two objections were voluntarily with­ third year students who wish to conduct VLS he was the key figure in creating Vil­ elections to the Honor Board and I am not drawn by those who filed them. research in the area of public interest law. lanova Community Legal Services to pro­ going to get involved." Both Dean Garbarino and Saile blamed The Wenk Fellowship will be offered for vide clinical experience to law students. He When questioned about the possibility of the lack of detailed election rules as the the first time this summer. The grant is also designed and taught a course in Law a write-in campaign, Saile reponded that main contributor to this year's election available for work during the summer or and Poverty. He taught at VLS until his both he and Karagelian had decided prior to problems. According to Saile, "an official during the school year. Students may pro­ death in 1979. the controversy that no write-in votes set of election rules should be drawn-up. pose work either with an attorney in public Joseph R. Wenk's sister, Mary Jane would be counted. Saile declined to alter Because of time constraints as we approach interest practice or with a faculty member. Wenk, is a member of the Class of 1984. that earlier decision. the end of the year, I doubt that I will do any The public interest law category in­ The Class is soliciting pledges from its On the day before the elections, Richter of the actual drafting," Saile added, "but I cludes areas outside of the traditional legal members to make a contribution to the appealed to Dean Garbarino to intervene. will give input." services work. Students may apply for a Wenk Memorial Fund as a portion of the In a meeting attended by Richter, Saile and grant to support research in civil rights, 1984 Class Gift. SBA Vice-President Tom Wilkinson, the Merna Marshall environmental law, consumer interests Dean refused to overrule Saile's decision., Anne Pedersen and Jim Malone are the law, and other areas of law which are tradi­ explaining that he felt student elections winners of the 1984 Mema Marshall Moot tionally viewed as serving the public inter­ 1984 Class Gift were not a proper area for administraive Court Competition. The competition has est and require outside funding to exist. interference. "I could see no reason to over­ been in existence for four years and Villan­ The Wenk Memorial Fund was estab­ by Mary Porter rule their discretion, based on this fact si­ ova has sent the champion team every year lished in the Fall of 1979. During each year The 1984 Class Gift Committee is seek­ tuation," Dean Garbarino later said, "I feel so far. The competition draws teams from since 1979, an annual award of a framed ing contributions for two class gifts. One this is a very, very limited area of involve­ the five Philadelphia area law schools. certificate and $25.00 has gone to a deserv­ gift will be a complete renovation of the ment for me." ing student. The student recipient's name vending machine room. Renovations will Dean Garbarino did, however, suggest Dean Knifed is engraved on a plaque locat^ in the stu­ include carpeting, wall paneling, shelves, improved ventilation and furnishings. A that both the SBA officers and the entire The portrait of Dean O'Brien given to the dent lounge. The Fund will continue to Honor Board meet to consider the problem honor a student each year, but the annual new refrigerator and a color television may school by the class of 1983 was recently be acquired to provide comfortable facili­ and vote on allowing write-in candidates. vandalized. The paint has been scratched award of $25.00 will no longer be given. "If the Honor Board voted either way, as far The current goal of the committee is to ties for student use. off in several places and the damage is no­ The committee also plans to contribute as I was concerned, that was the result," ticeable to anyone passing by in the hal­ build up the size of the fund so that it can the Dean explained. provide substantial support for student re­ to the Joseph Wenk Fellowship for student lway. It was a meaningless and immature work in the public interest. The Honor Board voted 7 to 3 in favor of gesture. search which would otherwise be finan- - cially impossible. Tom Wilkinson, SBA Vice-president and write-in candidates, despite Saile's forceful The law school administration also re­ Chairman of the 1984 Class Gift Commit­ arguments against such a decision. The ported several recent thefts from the The Fund also exists to memorialize Jo­ tee, said each member of the third year Honor Board's decision prevailed and school. A Panasonic TV camera, a video seph R. Wenk, a strong advocate of law in class is being asked to pledge $50 or more write-in candidates were allowed at the cassette recorder with the power supply the public interest. Wenk was a member of over three years. Annual reminders will be next day's elections with vote-percentage and a camera tripod were stolen from Room Villanova Law School's class of 1969. He sent from the Alumni Office. Payment restrictions designed to insure fairness 103. Two sets of microphones and cords graduated summa cum laude and was amounts are $10, $20 and $20 over the next with regard to the only regularly qualified have been stolen from Room 29 and 30. the recipient of nine academic awards. three years. Amounts may be increased, candidate. University Security and Radnor Township After a one year fellowship at the Univer­ paid earlier or deferred. No payment is due Saile expressed his dissatisfaction with Police are working on the thefts, and have sity of Freiburg, Germany, he joined the before May 31, 1985. Class members who the decision, stating: "I think it was a asked for any information anyone might Philadelphia Community Legal Services.' make a pledge will not be solicited for addi­ wrong decision. It was an insult to the SBA have to help with their investigation. If you While with Legal Services, Wenk was ac­ tional gifts during the next three years. which had voted against allowing Richter saw anything, please be responsible and tive in prison reform cases as well as other If the committee obtains enough pledges, to run." Saile conceded that other members pass it on. areas of legal reform. the renovation will begin this summer. Page 4 • DOCKET • May, 1984 Computer Wars Alumni Matters By Mary P. Buxton, Esquire to pass along to you various bits of infor­ by Walt Champion Director of mation of general Interest. Please don't In corporate offices far, far away there's Development & Alumni Affairs hesitate to stop by room 52 if you want brewing a cataclysmic battle between two With this final issue of the Docket for more details on any of the Items menti­ sets of legal micro-chippers ... In this this academic year, the Law School and oned! modem-day War of the Roses, populated the Alumni Office say congratulations When you return in the fall, be sure to with on-line terminals, segment searches, and good luck to our graduating seniors. stop by the new, expanded Placement and computer-friendly dialo^e, the Grail We do not, however, say goodbye but Center and the renovated Vending Ma­ is not a vestal remnant, but instead, some­ thank you for sharing the last three years chine Room! . . . The Alumni Newsletter thing more lofty, namely, the hearts and with us and welcome to the Alumni Asso­ has a new name and a new look to be minds of a generation of lawyers. ciation. unveiled with the June Issue . . . The The gauntlet was first laid bare with the The Class of '84 has demonstrated re­ 1984-85 President of the PBA Is Albert P. introduction of LEXIS by Mead-Data Cen­ markable activity over the past several Massey, Jr. '64, the first Villanova alum­ tral about ten years ago. As every law stu­ weeks under the leadership of Tom Wil­ nus to serve as President. . .1,080 alumni dent knows, an understanding of LEXIS is kinson and the SBA. Within a very short have contributed to the 1983-84 annual essential and can even be stated as such on fund as of April 4, 1984 . . . Class of '79 available with their other libraries (e.g. time, a Class of '84 class gift pledge pro­ voter resumes. Reunion Is May 19th ... Montgomery publication, date, cite, length, highlight, gram was organized from start to finish. Mead-Data Central, however, is not a The 1984 Class Gift is a renovation of the County Alumni Reception Is April 24th. . . law-oriented corporation per se. Their title, text, and author). The Board of Consultors will be here on If one, for example, heard rumor that vending machine room from top to bot­ modus operandi is computer technology, tom, as well as a contribution to the Jo­ April 27th ... A Pittsburgh Alumni recep­ and in this instance, to bring the wonders there was recent article in Harvard Law on bank mergers, a possible seph Wenk Memorial Fund which funds a tion will be held May 23rd in conjunction of technocracy to the legal community. Review with the PBA Annual Meeting . . . Alumni search request might be; "title (bank fellowship for student work In the public The challenge was met shortly thereaf­ Reception will be held August 6th In Chi­ mergers) and publication (Harvard) and Interest. Pledges for the Class gift in the ter by West Publishing Company of St. cago In conjunction with the ABA annual date aft 1982." This strategy would pro­ amount of $50.00 or more, payable over Paul, Minnesota. West Publishing Co., of meeting. . .Law Day is September 6th. . . duce the following "Comment: Line of three years, are being solicited by the course, is the legal publication business in The Red Mass will be held September Commerce for Commercial Bank Mergers: Class Gift Committee. I would like to com­ America. As their representatives are wont 29th . . . and best of ali. Dean Murray will A Product-Oriented Redefinition," mend Tom Wilkinson and the SBA for to say: "We know lawyers, we understand 96 Har­ be here beginning June 1st! vard Law Rev. 970-26 (Feb. 1983). This their determination and commitment to their needs." And with that motto ringing establishing this program for the benefit The Alumni Office wishes you all the Harvard article prominently cites Brown in their corporate cerebellum, they deve­ of the students at VLS. To guarantee suc­ best of luck on your exams and to the Shoe Co. V. U.S., 370 U.S. 294 (1962). The loped WESTLAW as an alternative to seniors, the best of luck on the Bar and highly animated law student can now read cess and completion of their objectives, LEXIS and the perceived anti-law bias of participation by everyone is crucial. new jobs. Please notify the Alumni Office Mead-Data. that very case while still at the LEXIS ter­ minal by merely choosing a new library Please don't forget to sign your pledges! If you move and keep In touch with us. One-hundred years of loyal service to Finally, I want to take this opportunity See you In August! lawyers notwithstanding, they were still (GENFES), a new file (Sup), and a new the new kids on this block. They were, request ("cite (370 pre/6 294)". This is therefore, obliged to play a big-stakes game great stuff and tends to dovetail and sim­ Course Evaluations of catch-up. For the first few years they plify the sometimes diverse strands of legal were woefully behind the LEXIS upstarts. rcscsrch However, the movers and shakers behind Not to be outdone, WESTLAW proposes WESTLAW really do know lawyers, and as to expand the capacity of its WALT termi­ Grading Professors a result were more suited to the difficult nal (note the "computer friendly" lingo) by task of assuaging easily bruised egos with Fall 1984 to cover an initial list of 84 publi­ Instructor / Course Would you take Was the Prof, able efficient and courteous after-the-sales ser­ cations including such stalwarts as Amer­ another course to communicate vice. ican Indian Law Review, Cornell Law from this Prof.? his ideas? All of this frenetic back-stage primping Review, Duke Law Journal, Villanova leads to healthy competition and new servi­ Law Review, and Stanford Journal of Yes No Very Well Not At All ces. An obvious failing has been the inabil­ International Law. Conspicuous in their Cannon — Civ Pro "A" 95% 5% 49% 17% ity to full-text search in law reviews. absence are the six reviews that joined the Taggart — Civ Pro "B" 36% 64% 1% 80% LEXIS scored the first point by introducing LEXIS forces. Collins — Contracts "A" 85% 15% 55% 7% the LAWREV library which includes files The philosopher-student can surely add Dellapenna — Contracts "B" 82% 18% 55% 8% that pertain to six top-shelf law reviews another member to the dual certainties of Levin — Property "A" 45% 55% . 7% 71% from approximately Fall 1982 to the pres­ death and taxes, namely, that increased Sirico — Property "B" 93% 7% 87% 1% ent (Columbia, Harvard, Chicago, Pennsyl­ competition will produce more and better Goldberger — Crim. Law 86% 14% 74% 6% vania, Virginia, and Yale). LEXIS also has a on-line services. In that vein, watch for Abraham — Crim. Law . 94% 6% 99% . — file which combines these law reviews (AL- LEXIS to add Judge Wapner as a new Dowd — Crim. Law . 44% 56% 12% 48% LREV). It allows segment searching with source and WESTLAW countering with Packel — Crim. Law 93% 7% 93% — options that are similar to the ones that are Perry Mason reruns. Poulin — Crim. Law 80% 20% 66% 8% Brogan — Torts 92% 8% 100% — Wertheimer — Torts 88% 12% 89% — Turkington — Torts 100% — 93% — To Write or Not To Write Perritt — Torts 93% 7% 76% — O'Brien — Torts 96% . 4% 99% — 80% low, and too little time to write piercing and Callaghan — Legal Writing 10% 90% 0% by Laura Shetnick 50% brilliant in-depth pieces, and too little pub­ Lee — Legal Writing 50% 50% 27% Being a former journalist in law school is 13% 67% lic interest in piercing and brilliant in- Loughead — Legal Writing 14% 86% a somewhat odd experience. I get flash­ 50% depth pieces. It's facing obnoxious people, Swartz — Legal Writing 63% 37% 10% backs on occasion — things that used to 59% 41% 10% 38% happen to me with great frequency pop up and shocked, traumatized people, and Barry — Corps angry, ugly people. It's also dealing with Dobbyn — Corps 94% 6% 93% 1% in Garey Hall once in a while, giving rise to 14% prejudiced ^itors, photographers who Becker — Fed. Securities 86% 14% 55% musings and wonderings: Did I do the right 10% take pictures from their point of view Cohen — Debtor-Creditor 84% 16% 72% thing in choosing law? 27% (which may not be yours, or even accurate), Levin — Decedents 51% 49% 18% I know several journalists who decided to 24% 62% 17% and copy editors who're sure that only they Rothman — Decedents 76% go to law school. I suspect that, of the ca­ 17% 87% 3% have the true grasp of grammar and story Hyson — Land Use 83% reers not directly related to journalism, law 78% 22% 37% 26% is one of the most common fields to find an construction. Rothman — Trust Tax Sure, journalism can be exciting. Sex is Lurie — Admin. 90% 10% 63% 3% ' ex-journalist. 52% 48% 10% 68% For me, it's not surprising. I went into exciting too, but who wants to make a liv­ Taggart — Fed. Courts ing at it? Anything gets old after a while. I Valente — Legal Process 100% — 100% — journalism because I was curious about the 67% 33% 62% 20% world — how it worked, who ran it, how think the average age of reporters at my Murphy — first newspaper was about 27. We burned Dowd — Con. Law 54% 46% 10% 44% • could it be changed, who did the changing. 87% 13% 68% 11% As a journalist, I found out about those out quickly. Turkington — Con. Law Lurie — Anti-Trust 96% 4% 90% — things. 50% 50% 27% 27% It was not journalists, alas, who ran the To answer the question of why I chose Schoenfeld — Fed. Tax 100% — 89% — world (in spite of Dan Rather's impressions law; I prefer doing over observing. As a Maule — Fed. Tax 97% 3% 84% — to the contrary). It was Lawyers, and Politi­ journalist, I was the penultimate observer, Cannon .— Labor Law 95% 5% 82% — cians, and People Who Had Expertise, Pres­ the ultimate being the non-participating Poulin—Advanced Crim. Pro Lillie - tige and Power (through money and pubic. As a lawyer, I am one step closer to __ 100% the center of the action, and can have a Employment Discrim. 100% knowing people, mostly). 100% 89% 5% I determined that I, a woman and a jour­ great influence over what is done. Some Huff — Patent Law Perry — Products Liability 94% 6% 80% 3% . nalist, was probably not going to change day I may move into the position of final 80% decision-maker. Lillie — Civil Rights 100% the world. I was not even going to be al­ 86% 14% 80% lowed to help (unless it was to provide But by that time I may have decided to Brogan — Legal Profession stay in my lawyering place. Lawyers, after Wertheimer — spousal support to someone who did 80% 20% 64% 8% change things). It was most likely that I all, are actors, in that they can persuade Legal Profession 100% — 100% — wasn't even going to get near the center of courts to decide their way, can influence Dobbyn — Insurance clients to settle, can advise the candidate Goldberger — things. 75% 25% 41% 8% So I went to law school. Today I find on the legal limits of tactics. They are advi­ White Collar Crime 89% 11% 89% — myself being asked by lawyers why I gave sors, consultants and counselors as well as Sirico — Public Advocacy — 100% — drones and drafters. Lewers — Energy Law 100% up journalism for law, and I detect some 88% 12% 62% 7% kind of wonder or envy in their questions. I suspect I will continue to examine the Becker — Family Law world to see how it runs, as I learn to law­ Garbarino — Journalism has a kind of aura about it, I 93% 7% 92% • admit. Where else can a person get his yer well, and will discover new things Interviewing & Counseling 100% — 86% 14% name published 100,000 times in a single about its workings frequently. In this Perritt — N^otiation sense, I will never stop being a journalist, Schoenfeld — day than at the top of a story? Who else is 80% 20% 36% , 18% allowed to be most outrageously rude and although I may never be published again in Adv. Corp. Tax 66% 34% 86% •_ obnoxious to famous and important people? the popular press either in story or in head­ Spina — Trial Practice — 100% — line. The only thing I could miss would be Bechtle — Trial Practice 100% Where else can a person skew the thinking 85% 15% 77% 8% of an entire city or nation by using certain the official stamp of approval for my curios­ Mc Ewen — Trial Practice 25% 75% 75% — words or phrases in describing a speech? ity and the deadline for my description of Kelly — Trial Practice 100% — 100% —• From the outside, it looks like power, and what I have found. And I suspect there will Poulin — Trial Practice 50% 50% 54% •— excitement. From the inside, it looks like a yet be opportunities for me to regain those McConnell — Trial Practice 100% — 100% . — •' code of ethics, which good journalists fol- items in my practice of the law. Goldberger — VCLS May, 1984 • DOCKET > Page 5 Class Participation JUMP IN, THE WATER'S FINE

By Charles B. Howland he stayed at home on the farm, tilling the know another's position on the death pe­ tions are and whether we want to actively Several times over spring break I was soil and caring for crotchety parents, was nalty is to know where they stand on the further them upon graduation. To pretend reminded that I am now more than halfway out of an expectation of the inheritance. exclusionary rule is to know where they that our own stand on an issueis irrelevant through law school (as if the prospect of the Prof. Dellapenna asked. That question, like stand on whether abortions should be is naive, to passively await its formation is bar exam in the summer of 1985 does not so many similar questions which go to funded is to know where they stand on a tragedy. dstroy any satisfaction such an accomp­ "Why?" rather than to "What," which go abortions. It is not that we do not care It takes no particular genius to realize by lishment might bring). Halfway toward be­ to what should be rather than to what is, about the issue. For example, attitudes this point that I disagree with some of the coming an "attorney," and as my friends are met with a collective yawn. Cut the here on abortion run deep, which is not positions of many of my fellow students. ahead of me in the legal mill promised, law crap, just tell me what you want to see on surprising at a Catholic institution which Where most people are quite satisfied with school has become a tremendous pain in the final. Indeed, it is an irony known to is nearly half women. Rather, we all seem the way things "are" in the world, and find both ends of my body. The heady excite­ many law students that often the most the­ to take a slightly smug attitude toward nothing different from the way things ment I brought to that first contracts class oretical, abstract Professors, whose classes public discussions of these subjects, as if "should be," there is little need for discus­ with Uncle Joe those many Mondays ago leap from philosopher to philosopher, from nothing we might hear in class would ever sion of such subjects in a classroom or any­ has yielded to an unpleasant roller coaster field to field, give the most arcane and mun­ be worthy enough to consider, let alone where else. I knew that Villanova was of emotions in my second year as I trek dane tests. cause us to change our minds. And of somewhat conservative but I did not think through fields of promoter's liability, the Professors and students share responsi­ course the pressure for high-paying, status it would be so passive. implied commerce clause, the hearsay bility for this feigned interest in larger jobs compels us to discourage any discus­ In rethinking why I came to law school, I "rule", and an occasional toxic waste issues. At VLS, at least one professor is sion not directly relevant to the final. went back to a book I inherited from my dump. infamous for raising a controversial ques­ To be sure, a competent lawyer must father. The Law in Literature, whose When on top of the roller coaster I feel tion, appearing to look for student com­ separate his own position on a given issue various essays prodded me toward law in that nearly every case and statute has some ment, acknowledging a raised hand, from that of his cleint, and can argue either the first place. Two writers more than a intrinsic interest and importance. Law cutting off the student before he or she side as necessary for his case. But the fact millenium apart touch on the fire that sent school takes as its topic the broadest range opens their mouth by adding yet another remains that our influence runs beyond some of us to law school. of subjects, touching every type of personal trenchant comment, and finally ending the our clients. First, how we shape and lit­ You know as well as we do that right, as and therefore social conflict. It is unique discussion with, "well, reasonable minds igate our client's problems today becomes the world goes, is only in question for among graduate programs in giving us the may differ ..." Of course, the fact that I the common law tomorrow. In deciding equals in power; the strong do what they chance to grapple with a breadth of issues happen to agree with most of what he says which cases to push to trial and which to can, and the weak suffer what they must. which are often left behind after a liberal mitigates my occasional displeasure with settle, indeed in deciding which clients to THUCYDIDES his conducting of the class. take and which to send hiking, we will de- It is true that at the present time the law­ arts education. How intrusively should a yer does not hold that position with the national government intrude via regula­ people that he held fifty years ago, but the tion upon the private transactions of indi­ reason is not, in my opinion, lack of oppor­ viduals, i.e. why bar that poor wheat tunity. It is because, instead of holding a farmer from selling a bushel of his grain position of independence between the below the support price? Why do we separ­ i i 1 i wealthy and the people, prepared to curb ate the "church" from the "state," i.e. why the excesses of either, the able lawyers not allow all of those pious kids to pray once have to a great extent allowed themselves a day in school? Should there be a death to become an adjunct of the great corpora­ tions and have neglected their obligations penalty for certain crimes, and if so why to use their powers for the protection of shouldn't we braodcast executions next on the people. "Dallas" or "Family Feud?" LOUIS D. BRANDEIS Not that all of the important issues we I have found it difficult to get across to deal with necessarily implicate the consti­ non-law students or non-lawyers how law tution. Important considerations of judicial school can be at once so intense and yet so efficiency and integrity lie behind statutes unsatisfying. Responses to my angst run of limitation and repose. Should they ne- along the lines of, "Well, it's good you are verthless be waived for the shipyard em­ working so hard," "Law is a good field to be ployee whose work as a World War II ship in. No matter what happens to the economy insulator has now caused his lungs to cal­ I realize that if every decision we studied termine in what direction our influence on or the rest of the world, we'll always need cify with asbestos? Should energy compan- was batted around by students, law school the common law will be. Forthermore, even lawyers, right? Heh, Heh, Heh." or, "Well, : ies be freely able to acquire new oil reserves might last a decade. But at least some of the if the only court room we step into is Rm. at least it's what you want, right?" (My not through drilling but through acquisi­ materials we study represent the cutting 101, our training and status within the mother's litany.) My personal favorite is, tion of other energy companies? edge of the law, be it rights of economically community will insure that our influence "Gee, Charlie, I thought about asking you This is not to say that everything we injured stockholders to recover from bro­ over the body politic remains dispropor­ to drive out with me to Seattle^his spring, study in law school touches on the great kers or the corporation, the right of a cor­ tionately high, whether we advise or run but then I remembered our 16-hour drive verities. But if nothing else, base greed poration to be union-free, the right of a pub­ businesses, represent clients, or (perish the back from Michigan in a blizzard and not might keep me up at night comparing the lic figure to some sphere of privacy, etc. On thought) enter public office, if each of us talking for the last hour while you tried to tax implications of a corporate dividend such changing positions,we as students has not allowed our beliefs, our positions on get off the Pennsylvania turnpike without versus a repurchase of stock. would benefit greatly from a discussion some of the "tough" issues such as abor­ entering New Jersey. Maybe you should Yet for all ot the important, timely issues (i.e. not a professor's sermon) of the social tion, welfare, any of the constitutional pro­ stay in law school." which spin by us in class, we (on this point implications of the current direction of the tections which protect individuals from the I probably should stay in law school. I at least I am not alone) sense that some­ law. state, and others, to be challenged here in owe all this money to the bank and becom­ thing is missing. "Why am I in law school" In general, however, I think it is we stu­ law school, we will have lost a major and ing a lawyer is probably the only sure way has come to rival "Have you started outlin­ dents who are mostly to blame for the silen­ perhaps the last chance to determine for of paying it back. But I do wish that the ing X yet?" in the banality sweepstakes. ces which often pass for class discussion. ourselves, in the context of a broad study of next time one of our professors throws During these low points I cannot seem to Part of it is our fear of looking foolish, or topics and while still under the pliant onus things up for discussion, someone new remember why I came to law school in the even worse, overly confident. A slight op­ of being "students, exactly what our posi­ raises their hand and is recognized. first place. At first I thought the problem probrium attaches to anyone who answers was the pressure for grades or the black a question who was not first called upon, hole which stills appears in my stomach especially if the question goes to what whenever I see a professor casting about "should be" rather than to what "is." Only Serving the Main Line for over 50 yrs. for student cannon fodder and I realize that geeks and nurds talk in class, and we'll let I do not even know what chapter we are in, the law school show or Syd Wymp take care let alone what the plaintiff argued. Occa­ of them. for all occasions... sionally I have even blamed my disenchant­ I suspect that another reason so little ment on my fellow students, some of whose happens when a teacher throws open the terminal wierdness already marks them as floor is politics. Where reasonable minds -weddings potentially excellent tax attorneys. differ, those minds often owe an allegience Gradually, however, I came to realize to one side or the other of the political spec­ -parties that for me the problem with VLS is not trum. We believe, however wrongly, that to what it forces upon us, but what it only -funerals superficially touches: a lawyer's place in the community. For all the exhortations of GRADUATION -Kospitais the admissions brochures at one end and the commencement speaker's P.R. flak at SPECIAL -corsages the other, this school — its students, fa­ culty and administrators — does nothing more than create an illusion that it gives a damn about how its graduates personally face the controversial, tough social issues SYMBOL Of of the day, except insofar as it encourages such issues to be approached in an analyti­ aJust everything in flowers" cal, "lawyer-like" manner as they pertain JUSTICE to their clients. How do we deal with some of these issues in class? As I thought back over the pre­ vious semesters I realized that we pre­ tended they did not exist. In that first 18" Durastone $49.95 semester of contracts, for example, I re­ or membered Prof. Dellapenna explaining c Metal Cast $64.95 quasi-contracts, where a court would imply a promise by A to pay B for services ren­ Offer valid till dered, even though A had not in any way May 31,1984 COME 195 E. Lancaster Avenue indicated an intention to so pay. However, to recover B was required to testify that he UNIQUE MOTIF CO. SEE Wayne, Pa. had served A with the expectation of pay­ Dept. V ment. Altruism almost never supports a P.O. Box 2268 contract. What of a society that requires Winter Park, FL 32790 MU 8-5150 the lone child to swear that the only reason Page 6 • DOCKET • May, 1984 NICARAGUA: International Law Society Hosts Speakers

by Laura Shemick During his five-minute rebuttal speech, Their words sometimes sharp, represen­ Navarro charged that the United States tatives of the Governments of the United was using Nicaragua as a "scapegoat to States and Nicaragua expounded their justify sending American military aid to El views on the situation in Central America Salvador." He cited instances of U.S. inter­ at the Law School April 5. ference in Nicaraguan affairs, and noted The symposium at which they spoke, that social injustices existed in the region sponsored by the International Law So­ long before any Soviet influence could have ciety and the National Lawyers' Guild, at­ taken advantage of them. Earlier, he had tracted a crowd of about 80 to Room 29. denied that Nicaragua sided with either of The Nicaraguan representative, Amilcar the two superpowers. Navarro, is First Secretary of the Embassy Gerson, in his rebuttal, said that eco­ of Nicaragua to the United States. Allan nomic conditions were a cause of social un­ Gerson, the U.S. representative, is Special rest, but said "outside powers" exploited Assistant to Jeanne Kirkpatrick, the Per­ such unrest. He offered to show a list of manent Representative to the United Na­ intercepted arms shipments bound to El tions. Dr. Arthur Schmidt, an associate Salvador, and told the audience that the professor of Latin American history at "core group" of the Contadora nations at­ Temple University, also spoke at the sym­ tempting to find a peaceful solution to the posium, which began at 4 p.m. El Salvadoran conflict sided with the Uni­ Navarro, who spoke first, stressed the ted States in its move to mine the harbors historical background to the current con­ of Nicaragua. flicts in central America, calling the his­ Schmidt, during his five-minute rebut­ tory of Nicaragua one of "exploitation and tal, attacked Gerson's claim that the "core" misery." Contadora countries supported the U.S. po­ Allan Gerson, Amilcar Navarro, Gina Vogel and Dr. Arthur Schmidt: Nicaragua Pane­ sition, saying that each of the listed coun­ "The great majority of Nicaraguans live lists. in poverty and degradation," he said. He tries received substantial financial and blamed the frequent intervention by other Gerson, who went several minutes over will clearly have terribly difficult work to military aid for the United States. He re­ countries in Nicaragua's affairs for the his 15-minute limit, characterized Soviet do." peated his earlier contention that the Uni­ poor conditions which gave rise to the San- goals in Central America as encouraging He agreed with Navarro on the question ted States was alone in its beliefs on how to dinista revolution in 1979. He likened the terrorist movements in order to provoke of arms, saying the flow of arms into the handle the situation, with the Contadora current conditions in El Salvador to those legitimate governments into fascist re­ region did not create revolution. group, the European countries, and many prevailing in Nicaragua before the Sandi- sponses. Then, he said, the Soviets would "Except," he said, "that the major Central American countries favoring dif­ nista takeover, and named those conditions characterize the conflict as an internal source of arms for the guerrillas are U.S. ferent routes to peace. "If the United States' goal is to create as the source of unrest. problem. weapons either captured or taken with de­ He attacked the U.S. policy toward Nica­ He said the guerrillas of El Salvador serting government soldiers." democracy with its methods," he said, "his­ ragua and El Salvador bitterly. wanted no part of the electoral process, and Dr. Schmidt criticized American support tory has shown that what it's doing is un­ "We made a peace initiative, and we were read aloud from a Newsweek magazine ar­ of anti-government guerrillas attempting manageable." met with accusations and military at­ ticle praising the recent elections in El Sal­ to overthrow the Nicaraguan government, Students questioned Gerson sharply tacks," he said. "The United States' vador. He said the U.S. interest in and told the audience that there were many after the formal presentations were over, answer was the bombing of our oil tanks." Nicaragua was limited. other perspectives than the one taken by with one questioning the United States' He warned against further U.S. interven­ "We'll try to inconvenience Nicaragua in the U.S. government. He said the United support of anti-government guerrillas in tion in the region, saying there was much its support of revolution until that country States has consistently turned down oppor­ Nicaragua while attempting to ehminate international support for the Nicaraguan halts that activity," he said, quoting from tunities offered by other countries in the anti-government guerrillas in El Salvador. position and that Nicaragua was deter­ President Ronald Reagan's recent speech region to negotiate a settlement in El Salva­ Another asked why U.S. aid to anti- mined to continue its reformist policies. on the matter. Nicaragua's activity is in dor. government guerrillas in Nicaragua was The U.S. representative, Allan Gerson, violation of the U.N. Charter, which for­ He also said that U.S. interest in free not subversive activity in violation of the began by criticizing Navarro's speech as bids subverting the government of another elections in Nicaragua was a rather new U.N. charter. Gerson said the charter al­ painting too "black and white" a picture. country, he said. phenomenon, saying that numerous other lowed one country to aid another which He went on to note that Central America Dr. Schmidt, speaking last, said three countries in the area have put off elections asked for aid and was under attack, and was "vital" to U.S. national security inter­ points must be kept in mind when analyz­ or had only one-party systems, without the characterized the contras in Nicaragua as ests, praising the Kissinger Commission ing Central American policy; that the area United States' taking notice. He charged supporting the cause of the government of report as accurate and unbiased. He said is unstable because of historical, social and that the United States, by resorting to out­ El Salvador. He also denied that the U.S. that if the guerilla movement won out over economic reasons; that revolutionary con­ dated policies of military force, was shying was aiding anti-government activity in Ni­ caragua. government forces in El Salvador, it would ditions were developing before 1979, the away from answering hard questions deny El Salvadorans their self- date of the Sandinista revolution; and that about changing social situations, and In response to another question, Navarro determination and their security. He said 60 percent of the area's population is under feared that the Reagan policies in Central denied that Nicaragua was sending ammu­ nition to the El Salvadoran guerrillas, say­ that the El Salvador guerrillas were backed the age of 20, which means great demands America were better for the Soviet Union by foreign governments, and that the El will be placed on the country's social struc­ than for the United States, since U.S. poli­ ing that to do so would be to give the United States an excuse for further action in the Salvadoran government could not survive tures. cies would lead to alienation of other cen­ without U.S. aid. "Whatever regimes exist," he said, "they tral American countries. area.

Nicaragua Symposium: A Second Perspective

nations of Nicaragua's natural resources. Nicaraguans earned an average annual in­ gan Administration, and the CIA are all by Michael McGrath responsible for these acts." Spokesmen from the governments of the He charged these nations with backing dic­ come of $150. 40% of newborn babies in Speculating about the future, Mr. Na­ United States and Nicaragua engaged in a tators that served their interests zealously. Nicaragua do not survive more than five According to Navarro, this situation per­ years. The life expectancy of those that do varro declared, "we are no longer willingto heated debate on April 5 in Room 29 at a tolerate an unequal relationship with any symposium, "Legal and Political Aspects of sisted until the Sandinista revolution five survive that long is only about 40-45 years. nation." He warned that continued mil­ Nicaraguan and U.S. Policy," sponsored by years ago. These deprivations kept most of Mr. Navarro stated that thousands died itary escalation by the United States pre­ the International Law Society and the Na­ the population in poverty. during the Somoza dynasty, 55,OCX) during The Nicaraguan speaker then outlined the 1979 revolution alone. Additionally, the cluded hopes for peace. tional Lawyers Guild. Nonetheless, Mr. Navarro expressed con­ The panelists included Amilcar Navarro, briefly the history of American involve­ government stole crops, bombed its own fidence. "55,000 Nicaraguans gave their the first secretary of the Embassy of Nica­ ment in Nicaragua, beginning in 1855 country and looted whenever it wanted. when William Walker failed in attempts to In discussing the resultant changes lives to defeat the dictatorship. Many more ragua to the United States, Allan Gerson, were tortured, but managed to live. Their Special Assistant to Jeanne Kirkpatrick, annex Nicaragua and other Central Ameri­ under the Sandinistas, Mr. Navarro ex­ survival was marked by a strong belief in Permanent Representative of the U.S. to can countries to the southern United plained that after so many years of exploi­ our cause, and that we will ultimately pre­ the United Nations, and Dr. Arthur States. Official intervention by the United tation and poverty, "we believed it vail." Schmidt, Associate Professor of Latin States Government began in 1896, and the­ necessary to transform the economic and Mr. Gerson spoke next, displaying a American History at Temple University. reafter, "big stick" diplomacy by the U.S. social structure of Nicaragua. The Revolu­ more relaxed manner than that of Mr. Na­ Mr. Gerson's presence deviated from a cur­ became accepted policy. tion has responded to redress our historical varro. While complimenting Mr. Navairo rent U.S. policy of refusing to directly de­ To detail the exploitation practices, Mr. problems." on his English, Mr. Gerson expressed mild bate representatives of the Nicaraguan Navarro described a deal in 1915 which Mr. Navarro argued that Nicaragua surprise that Mr. Navarro's remarks "did government U.S. policy in Central Amer­ gave the U.S. rights to build a canal (which needed to reorient its international ties to due to an earthquake, was never built) and obtain true independence. He also asserted not focus more directly on what I under­ ica. stood to be the subject of the debate, the The panelists delivered speeches, fach land for a military base. "None of the that Nicaragua has attempted to steer a legal and political aspects of U.S. and Nica­ discussing the reasons for the political and money paid by the U.S. ever went to Nicara­ middle course between the United States raguan policy." He also maintained that military problems in Central America. gua, and most of it eventually was funneled and the Soviet Union, favoring neither su­ these legal and political aspects did not After each speaker responded to the re­ back to the U.S.," he said. perpower. "What we want most," declared exist in the black and white terms des­ marks of his colleagues in a shorter rebut­ Mr. Navarro reserved his sharpest criti­ Navarro, "is world peace." cribed by Mr. Navarro. tal, all of them answered questions from cism for the United States' installation of "The crisis is that 20 million people in Dtetailing the stance of the Reagan Ad­ the largest audience the International Law the Somoza regime in the 1930's. "Somoza Central America suffer in poverty. We are ministration, Mr. Gerson noted that, "this Society has attracted this year. enforced his will against the Nicaraguari tired of the use of repression for control, isn't a new situation. Mr. Reagan's position Mr. Navarro prefaced his remarks by people with terrorism, looting, and corrup­ and it must stop," emphasized Mr. Na­ is clear. I'm not sure what new information apologizing for his less-than-perfect Eng­ tion." He cited Anastacio Somoza's quotes, varro. "Understand the misery we have I can give you here." lish, but had little trouble communicating claiming that his government had sup­ faced, and you will understand why there From there, he outlined three major pre- his message. Speaking with much emotion, ported the U.S. more loyally than any other was a revolution." • sumptions of the Reagan Administration's he explained that to understand the situa­ Central American nation until liis over­ Mr. Navarro sharply criticized the Rea­ Central American policy. "First, Central tion, observers must first consider the his­ throw in 1979. gan Administration for threatening the se­ America is vital to U.S. national security torical background of Nicaragua. "Ours is Other examples of U.S. military inter­ curity of Nicaragua. "They have interests. This is a longstanding belief of a history of exploitation, misery, poverty, vention in Latin American countries dec­ threatened us with blockades, they have the U.S. government, and a majority of the oligarchy, and despotism," asserted theNi- ried by Mr. Navarro included Guatemala in threatened to invade Nicaragua. They ans­ 1954, Cuba in 1961, the Dominican Repub­ wered our six-point peace proposal with the American people accept our petition. The caraguan embassy official. bipartisan Kissinger Commission recently Mr. Navarro attributed Nicaragua's mis­ lic in 1%5, Chile in 1973, Costa Rica in 1979 largest deployment of troops to Central filed its report approving the Administra­ eries to despotic, military rule, and to two (on the Nicaraguan border) and the Gren­ America in recent history." Recent inci­ tion's policies. external factors, the desire of stronger na­ ada invasion last October. dents, according to Navarro, included Focusing on the poverty and misery of "more threats, bombing of our oil fields, "Secondly, it would be harmful to the tions to exert a monarchical influence on (Continued on page 7) Nicaragua, and the exploitation by these his people, Mr. Navarro announced that and mining of our ports. Congress, the Rea­ May, 1984 » DOCKET • Page 7 Executive Visitation CORPORATE GEMS by Michael McGrath Byrom said that most of them did not un­ "If you're ever walking along and you see derstand economics, specifically the role of a turtle sitting on a fence post, you know profit in business. "Profit goes in two direc­ one thing for sure. He didn't get there by tions. First you have to cover your ex­ himself." This and many other humorous, penses: rent, salaries, equipment. What is yet apt words were provided by Fletcher L. left must be reinvested into the business, to Byrom, guest speaker for this spring's Ex­ increase productivity." ecutive Visitation Dinner attended by ap­ Possessing broad experience with a var­ proximately 25 students April 5 in the iety of urban problems, Mr. Byrom com­ cafeteria. plained that "Ralph Nader and Jane Fondai . Mr. Byrom, former chairman of the only irk me because I think I've done just as board of Koppers Company, Inc. and much tor the betterment of society as they former chairman of the Conference Board, have." He also noted that his critics, "seem serves as chairman of the Committee for to agree with me a lot more once they're Economic Development and is a lifetime running things." councillor to the Conference Board. He is Most of Mr. Byrom's speech and the also a member of the Business Council, and questions posed to him afterward dealt the Council on Foreign Relations. with how to solve problems that America Byrom tickled Tom Giblin's fancy while Mark Mazur watched. Mr. Byrom spoke about capitalism, argu­ currently faces. "If you likeambi^ity and accept it, you're really going to enjoy your­ ing that no other economic system creates budget deficits that we refused to even ac­ get worse." He does not oppose foreign ow­ surplus as effectively. Referring at length self. If you can't accept ambiguity, then all nership of U.S. banks per se, although, "I I can say is that you've got one hell of a life cept as possible in 1981." to Joseph Schumpeter's book, Capitalism, Tangentially commenting upon the No­ think that we are entitled to the same Socialism, and Democracy, he pointed ahead of you," he warned. rights in those foreign countries." He also Moving to specifics, Mr. Byrom de­ vember presidential race, Byrom expressed out that even Schumpeter, who believed supported nuclear energy, insisting, nounced deemphasis on long term policies, tacit support for President Reagan against that capitalism was on the wane, acknowl­ "We've been hearingabout the 'accident' at explaining that constantly changing, short the possible Democratic challengers, but edged that socialism could not work in an Three Mile Island for five years now. The term policies handicap any hope for pro­ sharply criticized many of Reagan's eco­ economically underdeveloped society, and truth is. that the 'accident' (meltdown) gress. Another problem he recognized is a nomic policies, questioning their sense. that only capitalism could stimulate that never occurred." refusal to accept the depth and seriousness The Kemp-Roth tax cuts of 1981-1983 were necessary development. Mr. Byrom also sharply attacked those of our problems. "We are now facing "lunacy" according to the Koppers execu­ Referring to critics of big business, Mr. tive. He referred to Arthur Laffer, the American businessmen who refuse to ac­ major proponent of supply side economics, cept the existence of the energy crisis, com­ as a "jerk." No one listens to him in Wash­ plaining that, "We only have enough fossil ington anymore, but he's managing to fuels for the next fifty years. That isn't a MORE ON NICARAGUA charm his audiences on th^road for about long time, and we aren't even thinking $4000 per lecture. about what we'll do to conserve those re­ (U.S.) did not, and this somewhat handic­ (Continued from page 6) , Mr. Byrom also criticized President Rea­ sources." aps our responses to the situation." gan's sharply increased military expendi­ Speculating about his ideas for changes United States and Central America if guer­ The Temple professor used most of his tures, blaming them in part for the in the political structure of America, Mr. illa movements continue to upset the go­ speech to inform his audience of facts that alarming budget deficit. His approach Byrom announced that he believed that vernment in El Salvador. We approve he believed were not apparent to them. Dis­ would be to tell the Pentagon, "Here's your technological improvements in transporta­ sovereignty, freedom of movement and self cussing the depressed state of Nicaragua budget allocation, spend it however you tion and communications made it unrealis­ determination for Central American na­ and its people. Professor Schmidt ex­ like, but this is it." He strongly recom­ tic to expect a U.S. Senator to adequately tions." plained that half of the population is under mended a consumption tax of approxi­ represent Pennsylvania, since urban cen­ Differing with Mr. Navarro's analysis, the age of fifteen. He also explained that the mately $100 billion annually, although he ters like Philadelphia and Pittsburgh Mr. Gerson expressed the Reagan Adminis­ primarily agricultural exports of Nicara­ explained that he would be surprised if this within the same state compete for the same tration's third presumption, that Soviet- gua did not enable it to exert much strength occurred within the next five years. advantages. "I think that a political/eco- bloc nations are supporting the insurgency in the world's export markets. "This is not Defending his belief that more t^es are nomic system based in North America will in the region. "The rebels in El Salvador a large country we are talking about. The necessary, Mr. Byrom noted fnat in always exist, but not necessarily as the are receiving arms with the help of the population is about the size of Philadelphia, Sweden, where the government provides a Unit^ States of America. 500 years could Nicaraguan, Cuban, and Soviet govern­ and their annual GNP of about $3 billion is broader range of services, 75% of income is find several changes. Regional politics have ments. These rebels receive training in Ni­ no larger than that of certain U.S. corpora­ taxed. He also emphasized that the stand­ fchanged, and this process should con­ caragua, as well as many of their strategic tions. Regardless of the regime, a difficult ard of living enjoyed today exceeds all con­ tinue." commands." While explaining that the rebuilding job lies ahead in Nicaragua," as­ ceivable dreams of prosperity sixty years The highlight of the evening for Mr. United States supports the Salvadorean go­ serted Professor Schmidt. before. Mr. Byrom declared that he believed Byrom was a debate that he carried on with vernment, Mr. Gerson never discussed any Professor Schmidt disagreed with Mr. that local communities could do a better job a student over what regulation of industry reasons for the U.S.'s attraction to that Gerson's claim that the Congress and the of providing social services than the federal is necessary. Mr. Bryom freely admitted government. U.S. people are convinced that the Reagan government, but recognized that this that while the market should generally be Cautioning that the United States could Administration is pursuing the correct pol­ burden has not been carried by the local permitted to function, some social regula­ only address needs that could be met icy in Central America. governments. He expressed first and fore­ tion was necessary. "The market can't ad­ within the confines of the law, Mr. Gerson He insisted that the U.N. vote of the most his belief that government cannot dress social values. The market system proceeded to discuss tlie goals of the other night before represented the discrepancy in continually outspend its revenues as it has never could have solved the problems of air actors in the region. outlook between the U.S. and Western Eu­ the last several years, and that government and water pollution, equal opportunity em­ The major concern of the people of El ropean nations concerning Central Amer­ must raise revenues through taxes if it ployment, and the institution of health reg­ Salvador, according to Mr. Gerson, is "to ica. chooses not to cut expenditures. ulations in the workplace." live their lives in a free way, democrati­ "The conduct of the U.S. in El Salvador Mr. Byrom's criticisms of Walter Mon- However, he condemned government's cally, under a free electoral process." Mr. hasn't worked in similar situations in the dale and Gary Hart are rooted mostly to his practice of charging a corporation with an Gerson, citing news articles from the April past, and doesn't appear likely to work perception of their inability to treat causes antitrust violation every time it lowers its 9 issue of Newsweek, charged the Salva­ now, because the economic problems re­ instead of effects. He characterized the pos­ price on a product. "The federal govern­ dorean rebels with attempting to disrupt main. Additionally, these activities are lim­ sible election of either candidate as "a dis­ ment should stop artificially assisting busi­ the elections that transpired in El Salvador iting alternatives. Eventually, these aster." nesses that cannot penetrate the market the previous weekend. Specific guerrilla activities are limiting alternatives. Eventu­ Responding later to a question concern­ because they can't produce a product at a acts Mr. Gerson quoted from the article ally, a policy of negotiation should be consi­ ing his opinion of Democratic candidate competitive price." The student asserted included roadblocks and skirmishes with der^ by the United States," argued Jesse Jackson, Mr. Byrom replied, "I've that not all economic regulation was the government army intended to prevent Professor Schmidt. known Jesse Jackson for a long time, almost wrong. She questioned how social and eco­ citizens from voting. Most of the questions that followed were 20 years, and I disagree with a lot of things nomic regulation could consistently be dis­ Professor Schmidt began by offering directed towards Mr. Gerson, questioning he has done. I don't think that he has a tinguished, and argued that there were still some historical and practical perspectives. the legality of the aid the U.S. continues to chance to be elected president, and I don't too many bars to market entry that re­ "The historical poverty of Central America furnish to the Contras. Mr. Gerson ans­ think that he ever really believed he did quired government action. Although the stimulates revolution, for better or worse. wered that the war games currently con­ either. That isn't important, though. What two did not reconcile their argument, Mr. The current revolutionary situation deve­ ducted in Honduras are legal. Mr. Gerson is important is that he's made himself an Byrom was exuberant about the spirited loped long before the U.S. media realized it. asserted that the U.S. is aiding the Contras important force in Democratic Party polit­ exchange. Other Latin American countries knew as part of their effort to defend the govern­ ics. He and his supporters will be well re­ While meeting with students after­ what was occurring down there, but we ment of El Salvador, a legal objective. presented in San Francisco in July." wards, a few suggested that the retired ex­ Discussing other problems with the U.S. ecutive should run for president. "You're economy, Mr. Byrom mentioned that "the very kind," said Mr. Byrom, "but I'd never BEIMELS GOES ON AND ON trade deficit is killing us, and it's going to make it. My views aren't electable." (Continued from page 1) statutes. Here there is no hole, therefore no Judge Adams asked if this limited con­ Judge Adams asked why thecourt should need to imply a remedy. GIANNELLA cept of duty would lead to unfair results. imply the use of in pari delicto at all since In rebuttal Ms. Nisenbaum questioned For example, under this theory if a piece of it had already refused to do so under the whether the use of in pari dilecto would LECTURE paper that discussed a tender offer blows antitrust statute. Mr. Nice responded that deter a tippee since the average tippee has out of a window into the hands (rf a non- the reason the defense should not apply in no knowledge of the defense. She pointed (Continued from page 1) insider, he can clean up on the market. the antitrust context is that antitrust viola­ out that the 1934 Act does not expressly day in jury trials for civil commitment. Responding, Ms. Redd conceded that a li­ tions have a wider impact on the national define controlling persons to include em­ In civil commitment individuals must be mited duty concept might lead to some un­ economy. In this case, it is a question solely ployees. classified either as mentally ill or retarded, fairness. But she asserted the unfairness of who would bear the loss for the fraud. 1 he panel rendered their decision and or as unable to care for themselves, or as was necessary since any broader definition Mr. Mennies argued that section 20(a) of gave comments on the presentation. Then dangerous to others, before a court can of duty would unreasonably impinge on the Act precludes the use of respondeat the court adjourned to the library for a de­ order confinement to a mental hospital. free trading in the securities markets. superior. He argued that this provision ex­ lightful reception. Later that evening the Morris observed that mental illness is diffi­ Judge Pratt asked why the court should pressly covers agency relationships includ­ Moot Court Board held its annual dinner to cult to define, and empirically, only oneout not compare the relative fault of Defoe and ing employers. Because Congress has ex­ celebrate the hard work that went into this of every three predictions of "dangerous- HBH, since they are the parties to this ac­ pressed its policy choice to give them a year's competition, and the other activities ness" are accurate. Furthermore, courts tion. Ms. Redd argued that since the viola­ defense, it was in appropriate for the court sponsored by the Board. The Docket con­ have been increasingly prone to use psycho­ tion that precipitated the action was to ignore that choice. In addition, he point­ gratulates the Board, all the students who logical data at a time when psychologists committed by Lamia, it was appropriate to ed out that courts have limited the use of participated in this year's competition, and have been urging courts not to rely on such compare her conduct to that of Defoe. Since federal common laws. It should only be Professor Barry, who had the imagination data to define mental illness for legal pur­ HBH would only be vicariously liable, it used where it is necessary to plug holes in to devise the problem. poses. may not have done anything wrong at all. Page 8 • DOCKET • May, 1984 A Primer for Spotting Issues on Law Exams... by Profesor John Delaney* INTRODUCTION collision. The parties are A and C. In contracts, S (seller) is not paid by B (buyer). The parties are S and B. In property. A, against B's wishes, intrudes on B's land. The Issue-spotting on law exams is like the weather. Evieryone talks about it but no one parties are A and B. does anything about it. While everyone agrees on the importance of the issue-spotting Second, as to harm and harm-producing behavior, in criminal law, when A shoots skill, there is, nevertheless, little systematic unravelling of the specific steps necessary and kills B, the harm is B's death, and the harm-producing behavior is A shooting B. to apply the skill on exams. In torts, when A, driver, hits and injured C, the harm is C's injury, and the harm- The focus of issue-spotting is the classic, multi-issue exam problem: A dense fact pattern extending for one, two, or more, pages at the end of which you are asked, producing behavior is A's poor driving-y In identifying the harm(s), the parties to the harm(s), and the harm-producing quite typically, to "identify and resolve all relevant legal issues." There may be behavior(s), starting with the first paragraph, you identify the legal conflict(s). Each anywhere from five to ten or more issues in these multi-issue problems. The time legal conflict has three parts: a harm, parties to the harm, and harm-producing allotted may be as little as fifty or sixty minutes. behavior. Each legal conflict raises at leas, one legal issue. While some paragraphs WHAT IS A LEGAL ISSUE? contain only one legal conflict, many parag phs contain two or more legal conflias. lssue-s|X)tting presupposes that you clearly understand what a legJil issue is. A sim­ In identifying the legal conflicts, you have also identified the key facts: those facts ple definition is that a legal issue is a question posed by certain facts about a par­ which pose a questi6n(s) about liability or a defense to such liability. Of equal impor­ ticular legal liability or a defense to such liability. More concretely, a legal issue poses tance, you have also identified the non-relevant facts: those facts which raise no a question about liabihty arising from a cause-of-action rooted in tort, contract, question about liability. criminal law, etc., or a question about a defense to such a cause-of-action. 3. Identify wliich topic(s) in your professor's course seems applicable to each harm It is important to appreciate that issues about liability arise from facts. Issues are and behavior. not abstract. Indeed, it is a legal maxim that "out of the facts, the issue arises" and For example, in a criminal law exam, when A shoots and kills B, you hypothesize your search for issues by scrutinizing the facts in your professor's exam problem. that the criminal homicide topic of your professor's course is relevant to this harm To illustrate: is there a legal issue raised by the facts that A stared at B on the and behavior. In torts, when A, driver, hits and injured B in a car accident, you street? The first requirement is satisfied—there are facts—but you have not satisfied hypothesize that the negligence topic of your professor's course is relevant to this the second requirement—these facts do not pose a question about legal liability. The harm and behavior. In contracts, when S (seller) is not paid by B (buyer) for S's reason is simple. No cause of action claiming liability of A in tort or criminal law, or delivery of goods, you hypothesize that the breach of contract and damages topics of elsewhere, arises from the fact that A stared at B. Stated differently, no legal right of professor's course are relevant. In property, when A, against B's wishes, in­ B (and no legal rule) is violated by the fact that A stared at B. Distinguish legal your liability from violations of etiquette, custom, or morality. There may be an Emily trudes on B's land, you hypothesize that the trespass topic of your professor's course Post violation of etiquette: A may have been rude to B. Rudeness, however, is dif­ is relevant. In selecting one or more topics as rdevant to the hann(s) and bdiavior(s), you are ten­ ferent from legal liability. tatively excluding as irrdevant the other topics covwed in your professor's course. For If, in contrast, the facts specify that A stared at B and then rushed at B waving a threatening fist in B's face, these different facts pose a question about A's liability to example, if you hypothesize criminal homicide in the above-cited, criminal law exam­ B for the intentional tort of assault. As lawyers, we are concerned with A's inten­ ple, you are implicitly excluding the topics of larceny, arson, rape, etc. tional and unprivileged infliction of an apprehension of a harmful touching on B— As you review the topics present^ in your professor's course to identify which topic(s) seems applicable to the particular harm and bdiavior, you must be sensitive to the tort of assault. (Criminal liability is omitted.) The issue here might be formulated the possibility that the legal conflict you have identified may require the application of as follows: more than one topic. To illustrate, if A shoots and kills B to further an ongoing nar­ Is A liable to B for assault when A rushes at B waving a threatening fist in B's cotics venture of A, X and Z, the conspiracy segment of your professor's criminal law face? / With a clear understanding of what a legal issue is, you can concentrate on my course is also relevant. If A, driver, hits and injures B and the car's wheel then flies off and injures D because of a manufacturer's defect, the product liability segment of your method for spotting issues. professor's tort course is relevant. PART ONE also In the criminal law example, issues about the liability of A, X and Z for muder and The Delaney Method for Issue-Spotting conspiracy are raised. In the latter example, an issue about the liability of A to B for tort 1 specify below a systematic, five-step approach for identifying issues. I list an in­ negligence and an issue about the liability of the manufacturer to D are raised. The troductory check, set forth each of these five steps and then explain and illustrate. lesson is clear: do not assume that a single legal conflict involves only two parties and FIVE STEPS one issue. On a scrap of paper, and using abbreviations, link the parties to the topic (c) Check for "Light-Bulb" Issue-Spotting. which applies to the harm(s) and behavior(s). For example: 1. Identify the harm(s) in each paragraph. 2. Identify who has harmed whom and how. A, X, Z liab. f/Mur. &Conspir? 3. Identify which topic(s) of the subject seems applicable to each harm and behavior. Aliab.toBf/T.Neg? 4. Hypothesize which rule(s) seems most applicable. M liab. to D f/prod. liab? 5. Verify hypothesis. 4. Hypothesize which rule(s) seems most applicable. INTRODUCTION TO FIVE STEPS Next, you must identify which rule(s), within the topic(s) selected, seems to be ap­ plicable to the harm(s) by the parties and to the harm-producing behavior(s). The Check For "Light-Bulb" Issue-Spotting ' universe of possibly applicable rules is sharply narrowed by selecting one or two topics Happily, when you carefully read the exam problem, certain facts will switch on as relevant (step three). It is only those rules within the topic(s) covered in your in your mind in a light-bulb type of issue recognition. You almost immediately, professor's classes and/or in the assigned materials which are candidates for applica­ without elaborate thinking and without applying the five steps, identify the issue(s) raised by the facts. Why? The reason is that you have seen and heard comparable tion. For example, in criminal law, when A shoots and kills B, you have identified crimi­ facts—in your cases, in classroom and study-group hypotheticals, and in relevant sec­ nal homicide as the relevant topic. Within this topic, your professor typically may have tions of the hornbook. You therefore know that these particular facts raise a question covered the following theories (rules) of criminal homicide liability: about legal liability. -a- intent-to-kill murder -e- Voluntary manslaughter Suppose, for example, in a criminal law exam problem, you read that A shot his -b- Premeditated and deliberated murder - "heat of passion" killing rifle into a crowded gondola transporting skiers up the moimtain and killed X, a -c- Felonymurder -f- involuntary manslaughter skier. A was doing his best to avoid hitting the skiers. You might immediately -d- extreme recklessness murder - criminal negligence recognize that these facts are similar to illustrative, model examples of extreme With the facts of A shooting and killing B, you could exclude felony murder (no un­ recklessness, murder—e.g., shooting into an occupied car or house or shooting into a derlying felony); extreme recklessness murder (no extreme risk creation exists); volun­ crowd. You could quickly formulate the issue on scrap paper where you are outlining tary manslaughter (no "heat of passion"); involuntary manslaughter (no criminal your answer: ne^igence). You could quickly eliminate all but the first two possibilities, a and b. With Is A liable f/extr. reck. murd. f/shoot. only modest additional scrutiny, you could promptly exclude the premeditated and de­ into a crowded ski gondola and kill. X? liberated murder because there are no facts presented upon which to base premeditation Suppose for example, in a torts exam, you read that A silently approaches B from and dehberation. You are left with an hypothesis of intent-to-kill murder. behind and punches B on the back of his head? You might immediately recognize the As you eliminate, you are thinking not in broad concepts but concretely. For ex­ obvious, model example of the intentional tort of battery, which is the intentional ample, in assessing the option of extreme recklessness murder by the test of "extreme and unprivileged infliction of a harmful or offensive touching of another. You might risk creation"—you concentrate on the specific model illustrations of "extreme risk in seconds formulate the issue on your scrap paper: creation"—e.g., shooting into a crowd or an occupied house or car, or dropping Is A, by strik. B in the head, liab. to B f/battery? boulders from a roof on a crowded street. Using these vivid, model illustrations, you If you have practiced on a fact-centered approach in your studying, you might can quickly conclude that A shooting B is not in legal terms an example of' 'extreme risk pause on the facts of "A silently approaching B from behind" and punching B on the creation" which would trigger a possible application of the rule of extreme recklessness "back of his head." You might quickly recall that while assault and battery go murder. together like "ham and eggs," there are exceptions—and these facts illustrate an ex­ You are applying legal reasoning—analyzing by comparison. You search for similar­ ception you have seen before in studying assault and battery. In seconds, you might ities and differences between the harm(s) and harm-producing behavior(s) contained in recall that an assault in torts is the intentional and unprivileged infliction of an ap­ each identified legal conflict and similar harm(s) and behavior(s) contained in the cases, prehension of an imminent battery—it requires awareness by the victim. On these hypotheticals and hornbook sections you have studied. This search for similarities and facts, B is unaware. This less obvious issue could be spelled out: diffemeces is comparable to what you do in class in reconciling and distinguishing Is A liab. to B f/assault when he silent, cases. punch. B from behind? 5. Verify hypothesis. With careful, fact-centered studying, reviewing and outlining of your courses, this Your last step is verification of your hypothesis that a particular rule or rules apply. type of almost spontaneous issue-spotting followed by verification (see step five To illustrate, you verify your intent-to-kill murder hypothesis by first matching the key bdow) may enable you to spot a fair number of the issues raised by the fact pattern. facts in this legal conflict with the elements of this rule, which are: It is a blunder, however, to rely on this type of issue-spotting. a) intent-to-kill d) factually and legally causes the Using the five-step approach, you must also meticulously study the entire fact pat­ b) manifested in an e) death ofa live person. tern for the hidden issues which lurk therein. What follows in Part One is an ex­ c) act which planation of this five-step process for extricating these hidden issues. It should be ap­ You verify your hypothesis by matching the facts with the elements. Your mental or your professor's exam problem. After first plied systematically to each paragraph in quick, written matching using abbreviations is illustrated below: scanning and then carefully reading the entire problem at least twice, you begin with the first paragraph. Elements of Rule Key Facts 1. Identify exaelly the hamiCs) revealed In each pangraph. a) intent-to-kill You should begin by concentrating on the first paragraph to identify the hann(s) b) manifest, in an looting implies& manifests intent revealed therein. Harm is used in its popular, everyday sense. For example, in a c) act which criminal law exam, a killing. In a torts exam, a personal injury from a car collision. d) fact. & legal, ' 'but for" factual cause & legal In a contracts exam, a seller of goods is not paid. In a property exam, someone in­ cause the (no supersed. interven.) cause when A shogts^XiUs B truding on the land of another. Identifying the harm(s) is the first step in identifying e) death ofa live and specifying the issue(s). person 2. Identify who has harmed whom and how. You have verified your hypothesis: the key facts spelling out the legal conflict prove the You next scrutinize the harm(s) in a paragraph to identify who has harmed whom elements of the rule of intent-to-kill murder. This rule, also a cause-of-action, applies to and how. These are, first, the parti^ to the harm and, second, the behavior(s) which these key facts. Your verification of your hypothesis is akin to what a lawyer does in produced the harm(s). Illustrations follow. First, as to parties, in criminal la>^ A shot court when he or she established aprima-faciecaseby proving the elements of the cause- and killed B. The parties are A and B. in torts. A, driver, hit and injured C in a car ... and Writing Your Answer May, 1984 « DOCKET • Page 9 (Continued from page 8J D) cause: - factual- 'But for" Buck's act, Lee would not of-action. „ . Finally, you must ask yourself: are there facts in the particular legal conflict which have fallen and been injured. - legal- raise a question about the application of a relevant defense. Again, the possibilities do Lee: foresee. ; w/i scope of not include all the defenses you have studied. Rather, they are limited to those defenses Buck's risk-creat. E) actual harm- applicable to a killing and also covered in your professor's classes and/or in the assigned -Lee fract. knee. Writing the Answer materials. Typically, these might be: You have verified your hypothesis. The answer might be written out, utilizing in self-defense part the outline above, as follows: defense-of-another defense-of-home Riirif Hee is liable in tort n^Jigoice. The issue is whether Hee is liable to Lee prevention of a felony C in tort negligence for throwing his book at his apartment wall when the book apprehension of a fleeing felony Is goes out a nearby window and injures Lee, a pedestrian on the much-walked A moment's reflection should enable you to reject all these defenses because there are street below? A cause-of-action in negligent tort requires that the defendant no facts presented which raise a question about the application of any of these defenses. breach a legal duty owed to the plaintiff with the breach causing, both factually As noted, issues arise only out of facts. Avoid a beginner's blunder of raising issues ("but for") and legally (proximate), actual loss or damage to the plaintiff. when there is no factual basis for doing so, issues about which your professor is not When Buck Hee threw the hardcover, 7(X)-page book at his apartment wall inquiring, what some professors call "red herrings". In near his open window, he is engaged in behavior which creates an unreason­ The verification of your hypothesis is complete. You might formulate the issue as able risk of harm to pedestrians on this "much-walked street". He owes such follows. pedestrians a duty to act reasonable so as not to endanger them. A reasonable Is A liable for intent-to-kill murder when A shoots and Kills B? person of ordinary prudence in Buck Hee's position would not have so acted Note that this formulation of the issue is succinct, incorportes key facts, and refers to (objective standard of conduct). Buck Hee therefore breached his duty to Sara the applicable rule. Remember: An issue is both factual and a pointing to the applicable Lee who is within the class of protected pedestrians. Hee's breach of duty then caused Sa^a Lee to fall and injure her knee. Causation has two elements. PART TWO First, cause is {dainly established: "but for" Hee's breach of duty, Lee The Delaney Method For Organizing And Writing Your Answer would not have been struck and fallen. Second, legal (or proximate) cause is All your professors expect that you will display skill in issue-spotting. All your also plainly established. The existence of predestrians on this "much-walked" professors also expect that you will resolve the issues you have raised. You resolve the street was reasonably foreseeable and the injury to Lee was clearly within the issue with a lawyerly answer: organi2£d, direct, dear, succinct. While there are a num­ scope of the risk created by Hee's careless throwing of his book near his open ber of acceptable ways to organize your answer, I recommend CIRIP for first year law window. Lee was withinthe zone of danger created by Hee's carelessness. Lee students. If your professor suggests another method, be sure to use that method and not Secon­ suffered actual damage—a fractured knee joint. The tort of negligence is CIRIP. dary complete. Hee's apology to Lee and his denial of "intention to hurt" Lee does CIRIP Issue not eliminate his liability. Intent is not an element of negligence. (No need to C-Conclusion P mention policy here.) Is - Issue R-Rule Two caveats here. First, on an exam, you must be quick in outlining your answer on In - Interweaving scrap paper. Time is scarce. Second, the torts answer specified above is somewhat more P - Policy model-like and detailed than time may permit in answering the frequent, multi-issue It is lawyerly to begin your answer with your legal conclusion stated in one declarative problem with six or seven issues and sixty or so minutes alloted. You can do well on sentence. It is a counter-part to writing a brief on appeal where it is good lawyerly form exams without writing model-like answers. to begin each point with a one-sentence statement of your legal conclusion. You im­ CONCLUSION mediately follow with a one-sentence formulation of the issue. You then demonstrate 1. This primer for spotting issues and writing your answer is only a beginning. These that you know the rule or principle which applies by specifying the elements of the rule suggestions have implications, which cannot be spelled out here, for studying, or principle, usually in one sentence. The next step is where many students fail: inter­ reviewing, outlining of courses, compiling a checklist, and answering of exam weaving. You interweave the key facts with the elements of the applicable rule or prin­ problems. I address many of these matters in my book. How To Do Your Best On Law ciple. Lastly, you ask yourself: Is there any policy interest or objective which sliould be School Exams; and my new book. How To Brief A Case: An Introduction To Legal specified. Often, the answer is no, but occasion^ly, depending on your professor, the Reasoning, is also relevant. course and the key facts, the answer is yes. 2. Spotting and formulating issues is a culminating skill. It presupposes: An example of C//?/Paplied: - skill in extricating key facts C A is liable for intent-to kill murder. The issue - skill in selecting relevant topics of law Is is whether A is liable for intent-to-kill murder for -knowledge of relevant rules, principles and policies 1 A's shooting and killing of B. Intent-to-kill murder ' It must be accompanied by: R has five elements; a) intent to kill, b) manifested - skill in rule application, generally by interweaving in an, c) act which, d) factually and legally causes. - skill in lawyerly writing In e) the death of a live person. When A shoots B, A's - skill in use of policy. intent to kill is inferrable. The shooting also mani­ 3. Skill in issue-spotting, including the presupposed skills specified above, is also of fests A's intent in an act which factually ("but for") critkal importance in law practice. A key difference, however, is that on law exams, the and legally causes the death of B. key facts are presented to you in your professor's exam problem and the faas are P (no need to mention policy objective served here). prwitiiiatpH as true, whereas in practice you must uncover the key facts from clients, wit­ The CIRIP form of organizing your answer is a simple method to resolve, in quick nesses, documents, etc.—and you must also verify the truthfulness of the key facts. lawyerly fashion, the issue you have formulated. CIRIP is valuable because its use 4. Developing these skills is a matter of constant study and practice throughout the should bar that disorganized, unlawyerly answer which must be avoided. CIRIP is also term, for a skill is a capacity for performance and not simply an abstract understanding. adaptable to many legal conflicts which require you to argue two or more theories of lia­ It is a blunder to attempt to apply these five steps on a law exam unless these steps bility and to legal conflicts to which there is no definite answer and where your lawyerly previously have been practiced and internalized. argument is the answer your professor will reward. 5. You must gradually develop the capacity to apply these skills quickly. All law Another illustration on the verifying, organizing and writing process is provided by exams have time pressures. Answering the typical multi-issue problem is like being in a the following example from the first paragraph of a multi-issue exam problem in torts. pressure cooker. Key facts are italicized: relevant facts are bracketed, a technique you should apply on 6. This primer is applicable, in addition to the multi-issue problem, to another exams. (Substitute underlining for italicized words) typical type of exam problem and raises fewer issues with the expectation that your an­ The Facts swer will be more fully developed than your typical answer to the multi-issue problem. Last weekend, Buck Hee, a hardworking first year student at the Get Rich Quick Law Where an exam problem presents one to four harms, it may be possible to consider School spent most of his time reading torts. By Sunday afternoon, however, Buck Hee together all the harms, parties and harm-producing behaviors in the entire problem, was so thoroughly frustrated with what he described as "nonsensical details of legal rather than proceeding paragraph by paragraph. Sometimes, too, it is possible in an sophistry" that (in an exceptional moment of rage and anguish,) he threw the hardcover exam problem to consider together all the harms, parties and behaviors in two or three torts hook of seven hundred pages at the wall of his apartment, screaming "I can't han­ simple paragraphs, rather than proceeding paragraph by paragraph. dle it." The book flew out of a nearby window of his apartment which is situated on the 7. This primer is also adaptable, with modifications, to bar exams. Two quick seventh floor (of a Landmark Greenwich Village building) on a much-walked street. modifications A) unlike law exams, one problem on a bar exam may raise issues from The book struck Sara Lee, a senior citizen, who happened to be walking below on the two, three or more subjects of law; and B) bar examiners expect you to apply the rule of sidewalk. Sara Lee instantly fell and fractured her knee joint (under the weight of her the particular jurisdiction, not the majority and minority rule. 8. This primer for spotting issues and organizing and writing your answer does not body.) Hearing the commotion on the sidewalk. Buck Hee ran downstairs and said to apfdy to pure policy jjroblems and, without modifications, is of more limited guidance the Lady, (" I am extremely sorry,) I had no intention to hurt you." to civil and criminal procedural problems and with multiple-choice or fill-in-the-short- Example of Verification (Step Five) By applying the introductory check or steps two through four as specified above, you answer exams. copyrighted© 1983 by John Delaney. hypothesize that the issue raised is one of basic tort negligence. You verify your •Professor John Ddancey teadies at New York University Law School. He is the authoi hypothesis that the key facts comprising this legal conflict raise an issue about tort of How To Do Your Best On Law School Exams and How To Brief A Case: An In­ negligence by first explicating the basic elements necessary to establish the rule of tort troduction To Legal Reasoning. The above article is reprinted with the permission of negligence, which is also a cause of action. The basic rule has five constituent elements: Professor Delaney.

A) existence of a legal duty B) standard of care of a reasonable person C) breach of standard D) causation - factual - ; RidtARcl &CoMpANy -legal E) actual harm UNISEX HAIR STYLES You then match, mentally or in quick outlining, the key facts with these rule- VILLANOVA STUDENT DISCOUNTS elements. For example: APPOINTMENTS REQUESTED Key Facts Elements of Ruk 773 E. LANCASTER, VILLANOVA A) existence ofa legal duty Buck owes a duty to pedest. 527-2080 b) reas. person standard Buck owes reason, pers. of care - stand, of care to Lee. Q breach of standard In throw, book at wall near open window, Open Men. thru Sat. Wed. and Thurs. Evenings he breach, reas. pers. stand. V-:- i iVi U? .bD'irfri: iaCU -.i: Page 10 • DOCKET • May, 1984 Clinical Programs Changes; Face More

by Michael McGrath end of the 1978-79 school year. Villanova interest law. It is one of the few opportuni­ VCLS, by contrast, is a pass-fail course. Clinical education programs offer law was looking for a new faculty member to ties for practical hands-on experience with Professors Anne Poulin and Leonard students the opportunity to learn legal replace Professor Wenk and take over the clients while retaining an academic focus. Packel teach this course, alternating skills in the classroom and then to apply clinical program. That is how I came to Students in VCLS perform a tremendous semesters. these skills immediately to real legal prob­ Villanova. I initially didn't make any public service. Many of these clients would Classroom instruction receives some­ lems. Villanova Law School presently changes in the program. My major task not be able to get legal representation other­ what more emphasis in thejuvenilejustice offers two courses that permit students to was learning how it worked, b^ause I wise. VCLS I students have had a good Clinic. There are 400 pages of classroom participate in clinical education programs. never met Professor Wenk. With the help of track record finding summer employment materials prepared by Professors Poulin Second and third year students can regis­ of the secretary, Jane Anderson, and the in this field. 4-6 have been hired by DCLAA and Packel. The first few weekly, two hour ter for Villanova Community Legal Servi­ students that had been there the year be­ each summer. These students also allow class sessions focus on instruction in juve­ ces L Any third year student may enroll in fore, we pieced it together. the DCLAA attorneys take on more cases. nile law, as well as learning how to deal VCLSIL Any third year student may re^s- Professor Lillie: Peter put a tremendous Docket: Could you discuss the proposed with the court system, interviewing skills, ter for the one semester Juvenile Justice amount of work into it. The program has federal grant and the details behind it? etc. "We think that this classroom time for Clinic. always been based down in Chester with What are your feelings about it? the students is very important," explained These programs are excellent at provid­ DCLAA. The only real changes imposed Professor Packel, who has taught the ing students with opportunities to learn upon the program have been due to recent course for eleven years. how to counsel real clients, represent them budget cutbacks in legal services. These The students receive temporary certifi­ at hearings, prepare memoranda and com­ have forced some DCLAA offices to close cation by the various courts so that they plaints for real cases, and to work with and have limited the range of cases that we can represent their clients in the cour­ attorneys while also interacting with them could handle. Most of the family law troom. This certification requirement lim­ in a classroom setting. The winners of the DCLAA now handles are emergencies only. its the course to third year students. 1984 Client Interviewing and Counseling Docket: What attracted you to become in­ Another requirement is that a member of Competition, Richard Mennies and Jackie volved with VCLS? the bar always be present when a student Shulman, gained experience working to­ P.O.: I became involved in the student in the program appears in court. Unlike gether in VCLS I this year. clinic at Yale during the spring of my first VCLS, the students in Juvenile Justice re­ Students in VCLS I enroll for the fall and year. I started out with interviewing and ceive their legal supervision solely from spring semesters. At the end of the school research. I stay^ very involved until I Professors Poulin and Packel. "Either Pro­ year, students receive two credits for their graduated. Most of my work was with fed­ fessor Poulin or myself appears with the participation, one for each semester. These eral prisoners. This was consistent with student and the client," noted Professor students attend one class at Villanova each my primary interest in criminal law. Al­ Packel. week. This class is usually a lecture either though my experience in practice was with Students in the clinic receive a broad by the faculty professor or by one of the federal criminal law, I was very attracted range of responsibility. "They handle the staff attorneys at Delaware County Legal to the opportunity to help run a civil clinic cases from the start, from the initial inter­ Assistance Association. There are also role- here at Villanova. The legal skills are view through sentencing, if necessary. We playing and videotaped exercises. The sub­ transferrable. I did spend the summer after get the cases from the Public Defender's ject of the lecture might consist of practical my first year here polishing up my skills by Office, but we don't work with them di­ skills, such as interviewing clients, or wit­ volunteering at DCLAA for the summer. rectly," Professor Packel commented. nesses. One lecture is devoted to discus­ This direct experience gave me more expo­ Students defend juveniles charged with sions of legal ethics. Other lectures concen­ sure to Pennsylvania and civil law, and it delinquency. The legal definition of delin­ trate on teaching substantive information helped me run an effective clinical program quency, "is not breaking curfew or stealing that will enable them to help clients. VCLS here at Villanova. Professor Charisse Lillie hubcaps," according to Professor Packel. I students are usually assigned to one of the C.L.: Before I came to Villanova, I served as "Delinquency refers to any act performed staff attorneys at DCLAA. These attorneys deputy director of Community Legal Servi­ C.L.: Legal Services Corporation (LSC) is by a child that is legally a crime if per­ work in Chester, Pa. and they will give case ces in Philadelphia. Because of my overall making available $1.2 million in grants to formed by an adult. Our typical cases in­ files to the students in areas like bank­ interest in civil rights, my interest in VCLS twelve law schools for clinical programs. clude larceny, burglary, assault, and ruptcy, Social Security/disability, unem­ follows naturally. Each grant will be for a term of eighteen malicious mischief. Very occasionally, we ployment compensation and family law. Docket: Have you been satisfied with the months with up to $100,000 funding per might have a robbery, but not very often," VCLS I students are trusted with the re­ number of students that have registered grantee. VLS must submit a proposal, pos­ said Professor Packel. sponsibilities of contacting and interview­ for VCLS in the last few years? Do you sibly a clinic concentrating in one area of Discussing student interest in the pro­ ing clients, completing necessary research, think that the program can accommodate the law. One of the possible directions that gram, Professor Packel is satisfied with the and preparing documents (bankruptcy pe­ more students? this could go is a family law clinic in Media, student interest in the program. "I guess titions, SSI appeals). While they do not usu­ P.G.: There probably should be more stu­ but there are a lot of details that would need, you can say that there is not as much fervor ally work simultaneously with their staff dent interest. With the budget cutbacks it to be worked out, and I really couldn't pre­ for clinical programs as there once was. attorneys, students can usually rely on might be difficult to accommodate more dict what we will do if we get the grant. I Now, some students like clinical programs, them when they have a problem on a case. students, only because there might not be have discussed this with the VCLS stu­ and some don't. I don't think "fervor" is Professor Peter Goldberger has run enough lawyers to supervise them. We dents to get feedback from them. necessary. Just students who are dedicated VCLS since his arrival at Villanova in 1979. tried some years ago to work something out Although I don't plan to look a gift horse and want to work hard for themselves and Professor Charisse Lillie has managed the with Montgomery County, but they run in the mouth, I'm opposed to the theory the clients. We've got that." program this spring. WiA the departure of their program somewhat differently, mak­ behind the grant. President Reagan and Professor Goldberger at the end of this ing it difficult. Edwin Meese have been trying to disman­ Women's Law Caucus school year, the future structure of VCLS C.L.: No, I'm not really satisfied. I think we tle the Legal Services Corporation since will depend largely on who manages the could accommodate about thirty students they came to Washington. Their rationale Career Options program next year, probably Professor in VCLS I. I think we have 22 signed up is that law students can provide legal servi­ Goldberger's replacement. Professors now. ces to the poor, eventually making LSC un­ by Laura Shemick Goldberger and Lillie recently granted in­ Docket: Does there appear to be a problem necessary. I don't agree with this The Women's Law Caucus Career Op­ terviews with the Docket to discuss VCLS of publicity with the program? Few stu­ assumption. There is no way law students tions Workshop, held March 17, was a big and clinical programs in general. dents seem to know what VCLS is, besides can be expected to carry the bulk of the success, according to both organizers and knowing they decided not to register for it. burden in providing legal services to the participants. C.L.:That's certainly possible. Maybe this poor. These students have classes during Julie Currie, who organized the event, article will help people learn about VCLS. the week, they have classroom assign­ said about 75 people turned out for the Docket: Do you think students are inter­ ments to prepare, and they have periods morning and afternoon workshops on ca­ ested enough in clinical experience gener­ (during exams) when they really can't put reers in the public interest, business, non- ally? in the time. Many of these students are not -law firms, government and small firm P.O.: Probably not, but many have other available during the summer. Clients have fields. The individual workshops ranged in considerations. The credit awarded for the the same problems in the summer that they size from 10 to 25, she said. amount of work sometimes appears inade­ do the rest of the year. The contradiction is "They were a comfortable size for infor­ quate. Also, with recent cutbacks, the area that the Reagan Administration claims mal talking and a supportive atmosphere," has lost some attractiveness as a career that one of the purposes of this program is she said. She hopes the law school will be field. Some students are working their way to stimulate interest in areas of public in­ able to repeat the performance next year, through school and can't manage the time terest law. This is very hypocritical be­ with the aid of the Caucus, since the work­ commitment. At the same time, the skills cause they have been trying to eliminate shops were so well received. students learn and exercise in VCLS would jobs that federal money has provided in "It was a really good experience," said give them an edge in any kind of practice these areas. Debbie Somers, a participant. "I got a lot of involving interaction with individual cli­ Docket: What parts of the program are really good ideas about alternative career ents. you the most pleased with? paths that I'd never even thought of before. C.L.: More students are more career or­ C.L.: I am extremely delighted with VCLS It showed me that my career path was truly iented, so the notion of spending time away IL This is a terrific program and the ten my choice — that it's not cast in iron or from substantive areas is not as attractive. students we have this year are extremely anything." Some students are working part time for dedicated to serving clients. These are money and don't have the extra time. third year students that were enrolled in Docket: Could you tell us a little bit about VCLS I last year. During this second year other clinical programs, like the one at of the program, they receive two credits for Temple? each of the two semesters. They are also Gourmet Junk Food C.L.: Temple has a legal services office on ONLY AT Professor Peter Goldberger temporarily certified by the area courts. site, and clients come to the office. They They are given a caseload, and experience Docket: Could you tell us a little about hire staff attorneys who are responsible for the whole range of client contact. They re­ Campus Corner how VCLS started and when? Have there a caseload, and they do not have the same present clients in administrative hearings, been any significant changes in the pro­ teaching load as the other faaulty. We'd they interact with other lawyers and gram? have a dilemma trying to dwflHcate this, judges. They also receive valuable expe­ PIZZA, STEAKS, Professor Goldberger: It started as a because most of our clients live much closer rience learning the process of developing a HOAGIES & DELI voluntan' student organizaticfri, without to the DCLAA office than to Villanova, but case. This program runs very smoothly, academic credit. Approximately ten years with the long relationship we have with and the students enrolled have been very Speedy Take-Out And ago, the school decided to set up an office. DCLAA, we'd like to b^ome more in­ satisfied with the experience and the super­ Delivery Service Joseph R. Wenk, a distinguished graduate volved. We are always trying to gear the vision within the program. of VLS, had worked in the student organi­ classroom component of the program more Another course that is offered at VLS zation. He later worked for Community closely to the day to day casework. gives students training in the legal prob­ Phone: 527-3606 Legal Services in Philadelphia, and insti­ Docket: Why would you encourage stu­ lems of juveniles. Villanova has offered the Open 'till 1:00 a.m., Sun.-Thurs., tuted reforms and innovations in CLS. VLS dents to sign up for VCLS I next year? Juvenile Justice Clinic for over ten years. It 'till 2:00 a.m., Fri. & Sat. subsequently invited him back as a faculty C.L.: I think it is a unique opportunity to is the oldest clinical program at VLS. Ap­ Locatad On Edge Of Campus At member to run the VCLS program. Unfor­ work with talented and extremely dedi­ proximately 18-20 students sign up for this Spring Mill & Lancastar tunately, he passed awav suddenly at the cated lawyers who are interested in public two credit, one semester, graded course. May, 1984 « DOCKET > Page 11 Intramural Roundup Donegalers Win Championshipl

Mike Gallagher scored 13 points and Scott Petri added ten to lead the Done- gallers to a 40-39 victory overJoe Mama's in the championship game of the Villanova Law School Basketball Tournament. The two teams entered the final round of the playoffs as the tournament's first and third-seeded teams. Joe Mama's had cap­ tured the regular season championship by virtue of its 18-2 record while the Done- gallers finished conference play with a 17-3 lead as they jumped on Joe Mama's early, behind the playmaking of Tom 'Red' Gib- lin. Joe Mama's refused to fold though and A DAY IN THE SUN roared back to take the lead behind Mike By Andrew Wohl loped. Pansini's 13 points and Ed Wild's 12. It is 10 a.m. on Monday, March 26,1984, It went on into Property class, where Liz That lead did not last for long as the and the scene is room 29 in Garey Hall. A presented her surprise. She had written Donegallers countered with the inside play voice comes through the speakers saying, the Polish embassy in Washington, and ex­ of Gallagher and Pertri to retake the lead "One, two, three . . . now!" One hundred plained how VLS was celebrating a stu­ and walk off with the title. The loss was people, as one, stand up and remove sweat­ dent's Polish heritage. The embassy particularly disheartening to Joe Mama's ers, shirts, and sweat tops to reveal white responded with a personal letter from the which lost the title game for the second Commissioner, Player, Coach Tom Giblin T-shirts. And on each of these shirts, in red Polish Ambassador to the United States time in as many years. (And you thought letters, are the words, "1st Annual Ku- congratulating Paul on his day. Houston was the only team that could not The Donegallers spun a 60-40 decision linski Day." K-day had begun. K-day continued into the afternoon with win the big one.) off on the Spin-offs as Gallagher and Petri For those of you who are wondering what a huge party in the cafeteria. All of Paul's The semi-finals also offered a surprise as combined for 35 points. John Emerson K-day was all about, it was simply a day professors, decked out in K-day T-shirts in the Donegallers stunned the Do-Rights 50- paced the Spin-offs with 16 points. As for where the Polish heritage of Paul Kulinski, keeping with the good natured spirit of the 47 after having lost both regular season Expectancy Damages, it advanced to the a first year student at VLS, was celebrated. day, attended. Dean Abraham noted two contests to the first year team. Once again semi-finals by virtue of a 65-53 victory over The idea of K-day originated a few important things; the first years have a Gallagher led the way as he scored 20 Toxic Wastes. The Damages raced to a 16 months ago when Kulinski, Mike good perspective on life (as evidenced by points to help the Donegallers overcome a point lead late in the first half behind the McGroarty, Bert Martin, Kevin McKenna K-day and the support it received) and 23-19 halftime deficit. The Do-rights' Matt play of Kevin "Don't bother me I'm read­ and Joe O'Dea were sitting in the cafeteria, know how to party hard. Kiernan led all scorers with 21 points. The ing!" Robins and Chuck I.L. McGivney. and were discussing the upcoming St. Pa­ K-day came to a close when Mr. Kulinski Do-Rights finished the year with a 17-3 re­ Early in the second half Toxic Waste did tricks Day holiday. Paul mentioned that he made his now famous speech. As his ador­ cord. manage to cut the lead to ten behind the would not wear green on the holiday. Mike, ing crowd waited for his words, Paul The other semi-final game also seemed sawy of ^b Nice (14 points). However, the Kevin, Bert and Joe were appalled at this, cleared his throat, thanked everyone who headed for an unexpected result as the Wastes seaped no closer as the Damages and inquired why Paul was going to behave was involved, and stated that it was a day tournament's fourth seeded team. Expec­ placed four men in"double figures. Kevin so irrationally. Paul's response was that he he would never forget. He then concluded tancy Damages (14-5), held a five point lead McKenna led all scorers with 18 points. wouldn't celebrate St. Patrick's Day since his speech with the lines that will go down over Joe Mama's with a little over five min­ Finally, in the only other game of major there wasn't a Polish holiday. The A-Team, in history, "I have learned one thing today utes remaining. Having imitated DePaul interest, Fungibility made it two staight being the sporting gents that they are, then . . . never again will I bet five Irishmen." . all season long, the Damages also followed over Ordinary Reasonable Persons as put forth a proposition to Mr. Kulinski. If Author's note: Paul, you chauvanist. It the Blue Deamons cue in the tournament Teresa Nave and Dave 'Nets' Novak hit Paul would dress in green on St. Patrick's should be four Irishmen, and one Irishwo­ as they let that lead and the game slip clutch free throws in the final minutes. Day, a day would be set aside where the man, or five Irishpeople. away. Wild led the victors with nine points That game closed the regular season and a A-Team would dress in red and white (the while the Damages' Pete Callahan led all job well done by Commissioner—Player- colors of Poland) in honor of Paul's Polish Honorary Poles of VLS, scorers with 20 points. Coach Tom Giblin. heritage. I would like to express my gratitude to On March 16, the last day of school be­ my colleagues, professors and the VLS fore St. Patrick's Day, Paul came to school community for their outpouring of emotion dressed in green to uphold his end of the and jubilation in honor of the Polish cul­ deal. As the Boomer Queen so succinctly ture, history and people on March 26,1984. noted, thanks to some dye, Paul was green K-Day will live forever in, the hearts and from head to toe, and everywhere in be­ minds of many. A special thanks is ex­ tween. tended to the Crew without whom this mo­ Mike, Kevin, Bert, and Joe then went to mentous occasion would not have been work to elaborate on their end of the deal. possible. Without Paul's knowledge, Mike and Kevin I am especially indebted to the Commit­ recruited everyone in section B to purchase tee of Five composed of the masterminds; a K-day t-shirt, and contribute to a K-day Kevin 'Woody' McKenna, Liz 'Wonder party. "After all," Kevin says, "we needed Woman' Malloy, Mike 'Flame' McGroarty, something to look forward to besides fi­ that maker of romantic history, Joe O'Dea, nals." Liz Malloy, another person of Irish and B section's very own, Burt Martin. descent, then joined the original four at this Here's hoping for a 2nd Annual K-Day and time. the emergence of PALSA as a leading stu­ On March 26 the scene described at the dent organization. beginning of this article occurred. Paul just Paul Kulinski sat there shaking his head in awe as he P.S. — Uncle Lou, I knew all along that you realized how far the deal for K-day deve­ were wearing your T-shirt! As for the quarter-finals, they went ac­ Continued from page 12 cording to plan as the top four-se^ed teams advanced. With Wilds pumping in 26 points and Jeff Lessin and Jamie DiVirgilio scoring 16 and 14 respectively, Joe Mama's AND IT'S A LONG FLY BALL . . . defeated the Finest Kind (66-55). Rich 'One Neil Armstrong." . . . Rhode Island College ways at his best." . . .JimmyCannon,New of Kind' Sestak (we hope he's the only one) KEYNOTES: George Raveling, basket­ handed out $1,400 in chess grants this year York sports writer, once wrote about How­ led the Kind with 19 while teammate Steve ball coach of the Iowa Hawkeyes, spoke of . . . Rick Dempsey, catcher for the World ard Cosell, "If Cosell were a sport, he would Nitkiewicz added 18. impatient fans: "People who are loyal and Champion Baltimore Orioles was asked to be roller derby." . . . The Harvard ice With Kiernan pumping 29 and Chris supportive don't say anything. All you hear compare himself to Gold Glove catcher hockey coach explained the Ivy League pol­ McNichol tallying 27, the Do-Rights ran is the rough bar voice telling you that you Lance Parrish who drove in 114 runs last icy of only giving out scholarships on the awy from a 38 halftjme tie to defeat Moj's don't know what you are doing. Some­ year; "He makes us [catchers] look bad..I basis of need; "Some schools have a need III 85-76. Mark Daniels and John Litener body's telling you how to coach when think he does it on purpose. He's not as system like, 'Hey we need a goalie, we need tried to keep the Mojo's close as they buck­ you've been coaching for 22 years and the verbose as I am. He lets other things do his a defenseman." . . . Former Second base­ eted 25 and 24 points respectively. Hqw- most athletic thing they've ever done is talking. I've got to talk to you guys [the man Ron Hunt holds the major league re­ ever, those two individual performances jump to a conclusion." . . . Gordon Chiesa press] so you'll forget that I can't hit." . . . cord for being hit by pitches. Hunt was hit were not enough to offset the dancing of described Ralph Lewis of La Salle after Joe Garagiola commented on all the hubbub 243 times in 12 major league seasons. Said Dave Glickman and the balance of the Do- Lewis had scored 31 points and pulled surrounding the acquisition of Tom Seaver Hunt, "Some people give their bodies to Rights which also got 11 points from Dave down 18 rebounds against his Manhattan by the Chicago White Sox: "It's the most science, I gave mine to baseball." . . . Don't lanarrone and ten more from Fran Fitzsim- Jaspers, "That guy's the best walk-on since publicity over nothing since Pia Zadora." you think that when President Reagan mons. . . . Don Klosterman, General Manager of wins renomination this year that he should the Los Angeles Express described his dis­ be called aside for a congratulatory phone like for Kansas City: "There's a little snow call from Dexter Manley?. . . The brother fence out on the prairie and that's the only of Houston, Cougar's Michael Young was thing between Kansas City and the North grazed in the head by a bullet the day before Pole." . . . Four San Diego Chargers the NCAA basketball championship. The iBler sparred with Larry Holmes for the benefit man was apprehended and told police that mtiiwiims MC QUICK TYPING he shot Young because he "was breaking REPORTS - XEROXING of charity. They were; Drew Gissinger, Dennis McKnight, Eric Sievers and Doug up my solar and nuclear waves." (Thanks ••• LETTERS - RESUMES Wilkerson . . . Former NBA center John to Walt Champion for that one) . . . Am­ mmm REPETITIVE LETTERS Kerr was asked how he would play defense brose Bierce once defined a celebrity as, "A mmm against Jabbar if he came back today; "I'd man who is famous for being well known." . . . Bum Phillips of the Saints was asked fH 850 W LANCASTER AVENUE get real close to him and breathe on his BRYN MAWR, PA 19010 goggles." . . . Kansas City coach Cotton whether the snow that fell during the We're Fitzsimmons said that Larry "Mr. Mean" Saints game at New England affected the Your Type 527-3844 Micheaux's fundamentals were so bad that Saints play; "It is hard to say if it affected "his high school and college coach should us. It snowed on them too, you know. It be shot." . . . Novelist Somerset Maugham snowed on both sides of the field. I once wrote, "Only a mediocre person is al­ cheeked." Page 12 • DOCKET » May, 1984 OFF THE BAT. by Sean Abdul O'Grady into the football world. This past season, Abdul has heard enough. Everyone says Washington State University came up that the column has expanded past all reas­ with a unique way to make money for the onable bounds. The learned editor-in-chief school. They offered farmers two season of the Docket was overheard saying, "Kill it tickets to football and basketball for every before it multiplies." Even Howard Meyers 1,000 bushels of wheat they contributed. was heard, by the intrepid Docket Sports The university then turned around and Staff, to exclaim, "It's just plain obses­ made $30,000 playing the wheat market. sive." In response Abdul can only say (in Earlier this year a game between Cheyney print that is), "Balderdash!" Wasn't it Lou State and New York Tech had to be can­ Sirico who said, "You can never get enough celled when none of the officials showed up. of a good thing." Abdul is unequivocally a Both teams were sporting 2-7 records. The "good thing." Right? longest extra-point try of the year belongs Abdul will never bow to public pressure. to Kansas' Bruch Kallmeyer. He kicked one After all, he doesn't even wash his hands from the regular distance which was nulli­ after using the bathroom. He will cut his fied by a penalty; he rekicked from the 25 column down, but not because of the fer­ only to have that one also erased by a pe­ vent outcry. No, Abdul is only going to cut nalty. He made it once made from the 40, back because of the rigorous demands of but again it was taken away by a penalty. his campaign schedule. On the fourth try, from 55 yards out, he Yeah, you heard it right. It was not Ab­ missed. That brought his consecutive Mike Logue Makes Moves on Cameraman. dul's decision. He was drafted by the con­ extra-point record to a close at 53 straight. him for a foul. Instead he went to the char­ that hitting is a science, huh. Well ol' Abdul vention. Abdul was not even in attendance Quarterback coach at Kansas State, Dar- ity stripe and sealed the victory with two and Yogi Berra know better. After all, it when the American Irish Muslim Coalition rell Dickey, claims that he teaches more foul shots. was Yogi who said, "How can you think decided to give him the stamp of their ap­ than just football fundamentals to his The NCAA is dishing out major bucks to and hit at the same time?" Don Drysdale proval. And, to paraphrase a great philo-. charges. Dickey prepares them for real life; the teams that advance to the final four in was broadcasting a game with Phil Rizzuto sopher, we all know just how painful that "I teach them what they usually don't get basketball. Each final Four participant when Drysdale leaned over to get some in­ can be. — how to walk off the field after an inter­ gets $737,000 while the loosers in the re- formation off Rizzuto's scorecard. "I Abdul will begin his campaign in time for ception, how to dodge whiskey bottles gionals get $590,000. Opening round loos­ needed to know how a couple of hitters had the District of Columbia primary. Candi­ thrown from the stands, how to find the ers get $147,000 and if you win one game done," related Drysdale, "but when I dates always forget to campaign there be­ back door of the dressing room." Recently, you get $295,200. Does anyone out there look^ at Phil's scorecard all he had written cause the people in D.C. know too much Mark Gastineau, 270 pound defensive end want to play for Abdul U.? for those batters was 'W-W' and 'W-W'. about them. and blubbering fool for the New York Jets, Lefty Driesell is somewhat jealous of the When we had a moment off the air I asked First and foremost, Abdul must find a lost an arm wrestling contest to 170 pound success that his counterparts in the ACC Phil what they meant^ He said, 'Oh, those. , way to separate himself from the run-of- bartender and model Scott Baird. Gasti­ have achieved, especially those in North They mean 'Wasn't Watching . . . Wasn't the-mill candidates. Campaign manager neau has just gotten a large salary increase Carolina (N.C., N.C. State, Duke). How­ Watching.' " Tom "Sliding Scale" Spencer (Best known which does not sit well with fellow defen­ ever, this year Lefty won the ACC tourna­ These are sad times for Saturday after­ for the monumental contributions he has sive lineman Joe Klecko. Klecko has spent ment for the first time. When asked what noon baseball fans. No longer will we be made to the little known science of Task the last two years covering for all the mis­ he would do with the trophy. Lefty replied, seeing local telecasts on Saturday after­ Evasion), suggested that Abdul challenge takes that Gastineau makes with his wild- "I'm going to get that trophy and screw it noon. Now it is the Game of the Week or Fritz and Gary toaTagTeam Texas Death man pass rushing. Once again it is a on the hood of my car. Then I'm going to nothing. NBC has negotiated exclusive Match in the Steel Cage. It's gonna be a triumph of form over substance for Gasti­ ride all around the state of North Carolina rights to all games between 1 and 4 p.m. on battle royal, Bince. They haven't lost a neau. for a week." Don Donoher of the Dayton Saturdays. To help assuage you after that match since they were counted out of the Sports writers around the country are Flyers complained about the pressure de­ last item, the intrepid Docket Sports Staff squared circle against Nat "Mean Ma­ unanimous in voting Billy Sims to be the fense that the Georgetown Hoyas put on has learned that Howard Cosell will proba­ chine" Habert and Dave "the Gigilo" Ric- Papermate Man of the Year. In regard to his team during the NCAA tournament, "I bly not appear on any of ABC's eight prime ciardone. the several contracts that Sims signed, think that John would put on a full court time baseball telecasts this year. Abdul can Abdul is looking for a Tag Team partner. Houston Chronicle columnist Ed Fowler press at a family reunion." When Thomp­ only pray to the East that Cosell will also be Someone who laughs in the face of a Roth- wrote, "During the course of the trial Sims son was asked how he felt about beating pleasantly unavailable for the baseball man exam. Someone who would not even gave every indication that he fell off the "Cinderella" Dayton, he replied, "You playoffs. The story of ex-pitching ace take a prayer with them into a Collins' back of a truck only yesterday. He contra­ don't get to be among the top eight in this Denny McLain is indeed a tragedy. He won exam. Syd Wymp said he had to finish off dicted himself and failed to remember any­ tourney and be Cinderella — she didn't the Cy Young Award twice and compiled 31 his work study grant with the M.T.A.S. thing more than his name. For a four year stay out that late." wins in 1968. Perhaps his meteoric eclipse (Midnite Transcript Alteration Service, a pro veteran who has signed other con­ The Boston College Eagles found an in­ came about a result of the fact that he division of Abdul Enterprises Inc.) before tracts, he came across as suspiciously teresting loophole in the NCAA require­ drank more than 24 bottles of Pepsi a day final exams. T. Acky will only wrestle if naive. One began to wonder if, in addition ment that athletes be full-time students. It for the major portion of his life. she is guaranteed that she can give Fritz to carrying a football, he uses one to do his seems that Jay Murphy and four other var­ Roger Maris, who hit 61 homers in 1961, the first Pile Driver and Atomic Knee Drop thinking as well." Jerry Argovitz of the sity athletes are full-time at theB.C. night is having a tough-battle with cancer. He (the sports staff is still researching Arizona Gamblers claimed he was robbed school. The Continental Basketball Associ­ was diagnosed last fall to have lymph gland whether those holds are patented or not). by a home town verdict allowing Sims to ation is going to be starting it's own minor cancer. He has been receiving chemother­ That request is, of course, out of the ques­ remain in Detroit; "I'm going to go out and league system. Players in the new circuit, apy ever since. tion. Abdul always gets to do that. To top buy nine rolls of toiletpaper to write con­ to be called the CBA East, will earn $250 The Oakland A's had to call rookie off this run of misfortune, Abdul has not tracts on. If there is any justice left in this per week. The league plans to have teams pitcher Chuck Hensley out of the stands seen that wrestling dervish Gary Hall for country, it is not in Detroit." in Scranton, Trenton, Wilmington, Nor­ during the exhibition season to finish out a months. The New England Patriots have raised folk, Akron, Springfield, Mass., and Colum­ game against the San Diego Padres. Hens- ticket prices to an average of $15.98. A sel­ bia, Md, ley got a save from the 10 inning 17-15 lout in Schaefer Stadium will bring in gate Swen Nater of the Los Angeles Lakers victory. During the four-hour game there receipts of $977,190. Jim Groves of the Or­ has been having a good time coming up were 32 runs, 37 hits, four home runs and lando Sentinel used a stopwatch to time with names for his soon-to-be-born child. six errors. Which leads us to this next item. Super Bowl XVIII and found that the 3V^ First he wanted to name it Extermin Nater, A Baseball Hall of Shame has been founded hour telecast had only 12 minutes and 21 but now he has settled on Carmen De- for players, managers, umpires and front seconds of actual playing time. Marcus Du- monin Nater, if it's a girl of course.. . Even office types who have sought and found pree has a clause in his contract with the though Kareem Abdul Jabbar has scored shame and misfortune. Early nominees in­ New Orleans Breakers which will pay him more total career points than Wilt Cham­ clude: Norm Cash for winning the 1%1 bonus money if he gets his college sheeps­ berlain, it does not qualify him as the grea­ American League batting title with a kin within tea years. The Breakers also test offensive weapon in the game. Wilt corked bat; and Marvelous Marv Throneb- have a new device for attracting fan atten­ scored all his points in 14 seasons playing erry for hitting a clutch triple and being tion. They run a contest where fans can about 1,045 games. Jabbar is in his 15th called out after he didn't touch either first send in plays they would like to see run season and has played 125 more games. or second base. Nominations should be sent during a game. The most recent winner Abdul can see the asterisks flying already. to Hall of Shame, P.O. Box 6218, West Palm had quarterback John Walton lined up be­ A1 McGuire, of Marquette and NBC bas­ Beach, Florida, 33405. hind the center and two guards with the ketball fame, has a habit of examining play­ So you want to know who has got the rest of the team half a field away. It got only ers foul shooting styles during the game. best name in baseball, do you? Without a a one yard gain. He considers himself a master of such cri­ doubt it is former pitcher and now scout for John Madden, color commentator for tique. However, A1 hit only 55% of his own the Milwaukee Brewers: Calvin Coolidge CBS football telecasts, refuses to take air­ free throws during his four year NBA ca­ Julius Caesar Tuskahoma McLish. With- planes except in the most dire of circum­ reer. McGuire averaged seven points in outa doubt. stances. He figures that he travelled more three NCAA games for St. Johns in 1951. Abdul swears that he never makes any of than 10,000 miles by train while covering So you are like Ted Williams and think this stuff up. (Continued on page 11) 24 football games last fall. The NCAA has come up with a new rule Off the rim, "Iron Pete" misses again. which will have coaches frantically check­ STUDENT PROPOSALS TO DEAN MURRAY ing their records. At the NCAA Convention Abdul will go for a sure thing. Gary and On Friday, April 13, 1984, the students of Villanova Law School held an in Dallas, this year, they voted to allow Fritz are a tough Tag Team. The intrepid open forum to discuss proposals concerning problems at the law school. Docket Sports Staff has found out that they red-shirt status to be granted retroactively are managed by Captain Lou Packel. And to freshmen who did not participate in These proposals will be given to the incoming Dean in an effort to resolve he's a mean one, Bince! Abdul is going to more than two varsity or junior varsity these problems. The topics discussed included: ask the man who mastered the Reverse games in 1980 or 1981. Unilateral Conditional Counter Offer With Basketball is becoming wild and wooly. 1. Placement Your Face hold. (Which I think is violative In a game between Wagner and Farleigh of the Statute of Frauds when applied cor­ Dickinson a fight almost broke out because 2. Public Relations Concerning School Events rectly.) The only man who can assure of a cultural barrier. FDU was behind by 3. Alumni Abdul a victory over those carpetbagging two points with three seconds left. Mike 4. Physical Facilities politicians is Ed "the Flyin' Hawaiian" Col­ Payne of FDU intentionally fouled Largest 5. Curriculum lins. Boy, you should see him come off the Agbejemisin, a native Nigerian who stands 6. Black & Minority Recruitment top rope! Abdul can't loose. The presidency 6-7 and weighs 215. Unfortunately Largest will be mine. took the foul as an offer to fight. As the 6-5 Remember to write-in ABDUL: "A man Payne attempted to get out of the way. Anyone who has a proposal or who would be interested In working on these proposals over with moral convictions and two felony mis­ Largest bent over and delivered a head butt the summer should contact the SBA office. trials." between the eyes. The officials decided that We will begin this column with a look Largest was just confused and did not call