Spring 1978/Volume 13, NO.1

Editor: Cheryl W. Ritchie Graphic Designer:' Carol Hilk-Kummer Assistant Editor: Ira G. Levine

1 A Message from the Dean

2 Marion Kirkwo'od Remembered

9-22 Stanford Faculty on World Affai rs

10 The Future of Arms Contro'l by Professor .John H., Barton

15 Untying the Sino-U.S. Legal'Knot by Professor Victor H. Li, Lewis Talbot and Nadine Hearn Shelton Professor. of International Legal Studies

18 Black Unions in South Africa: Sooner or Later by Professor William B. Gould

23 The Stanford Law Library: A Major Legal- Research Center in the Making

27 Ernest B. McFarland '22 Honored

28 School and Faculty News

34 Class Notes

55 In Memoriam

Stanford Lawyer is published semi-annually for alumni and friends of Stanford Law Scheol. Materials for publication and correspondence are welcome and should be sent to the Editor. Stanford Lawyer, Stanford Law School. Stanford. CA 94305~ t is a happy coincidence, I think, pIe, occupied four volumes (of roughly that Cheryl Ritchie, the editor of 1100 pages each) of the Federal Supple­ the Stanford Lawyer, chose to ment. In 1952, those cases took eight run an article on the law library in this volumes of the same size. In 1976, the issue, which also features a symposium number jumped to sixteen volumes and on Marion Kirkwood, for the library was the size had grown to 1500 pages.1 The one of Marion's chief concerns while he rest of the National Reporter System has was Dean, ahd indeed as long as he lived. followed suit, all of this happening at a Some statistics may be of interest: When time when books have increased mate­ Marion joined the law faculty in 1912, rially in price. Today the library faces the library contained 16,000 volumes. By rising fix~d costs with a corresponding the time he became Dean in 1922, that decline in discretionary funds for new number had increased to 26,000, and it purchases. more than doubled during the twenty­ Adversity, however, is not new to three years he led the School. (The fac­ Stanford. Dean Kirkwood's career at the ulty also doubled during that period­ Law School spanned the Depression and from eight to sixteen.) When Marion re­ the Second World War, .yet the library tired in 1952, the library stood at 86,000 grew both in size and quality. Selectivity volumes, a fivefold increase during the in acquisitions and sustained support by forty years he taught at Stanford. The li­ alumni and friends of the School are the brary has, of course, continued to grow; keys to sound growth. Fortunately, we it now contains 250,000 volumes, or have both. Assisted by faculty members nearly three times the number of twenty­ in their areas of specialty, Professor five years ago. Myron Jacobstein, the Law Librarian, Impressive as these figures are, it is spends a significant portion of his time sobering to realize that in size the Stan­ determining which new books to buy ford Law Library ranks only eighteenth and which to forego. On the support among the nation's law libraries, down side, the Friends of the Stanford Law one place from last year's ranking. This Library are increasingly active, local law decline reflects the even more serious fact firms who benefit from the use of our that for five years running, we have ac­ collection are responding to the problem, quired fewer titles each year than were and alumni and friends are becoming acquired the previous year. Part of the sensitive to the interdependence of a su­ explanation lies in the tremendous pres­ perior library and a superior legal edu­ sure that continuations put on the library cation. budget. The decisions reported by the Marion Kirkwood appreciated the nec­ federal district courts in 1933, for exam- essary connection between library and legal education and so do his friends. In 1. Being a scholar, or as Dean, perhaps -a 1954, his sister-in-law, Edith M. Kirk­ scholar manque, I cannot resist a footnote. wood, established by bequest the Marion As I was looking through the Federal Sup­ Rice Kirkwood Book Fund. Over the plement containing the decisions for 1976, years the endowment has been aug­ I was struck not only with the size of the books but also with the length of the mented by gifts from friends and ad­ opinions. Doubtless, the law is more com­ mirers. In every book purchased by the plex now than it was in 1933, but that Fund there is a bookplate with Marion's nluch more complex? I am inclined to picture and a legend that reads, "Gift of suspect that fashion and training have something to do with it. With the eclipse Marion Rice Kirkwood." Not literally of the art form known as the law review correct-for many have contributed to case note (maximum of two pages) and the Fund-but essentially right, for the the emergence of the law review Note library and the School owe much to the (minimum, it seems, of forty pages) brevity is no longer the soul of wit-or, appar­ gifts of talent, devotion and character ently, wisdom. that Marion Kirkwood gave us.

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the finest legal minds in the country. Despite a heavy teaching schedule and the various responsibilities of the Dean's Office, he found time to write exten­ sively in the areas of particular interest to him, real property and legal educa­ tion and admission. He authored numer­ ous books, law review articles, book re­ views and addresses on legal education. In addition, he edited Cases and Mate­ rials on the Law of Conveyances, which was published in 1931. The book was quickly recognized as an outstanding work and at the height of its popularity was used in seventy law schools. His professional associations were as diverse as his Law School duties, and he approached each one of them with the same thoroughness and energy that he demonstrated in his teaching and admin­ istrative duties. From its creation in 1931 to 1945, Dean Kirkwood was a member of the Committee on Coopera­ n January 8, 1978, Marion Rice tibn Between Law Schools and the State Kirkwood died at the age of 90. Bar and was instrumental in raising the For many Stanford lawyers the educational standards for admission passing of Dean Kirkwood marks the through the development of a rigorous end of an era. With a career that spanned and well-administered bar examination. four decades, Marion Kirkwood served He also served as national president of the Stanford Law School and the legal the Order of the Coif from 1922-25 and profession with a dedication and vigor as president of the Association of Ameri­ that have become legendary. Indeed, in can Law Schools in 1934. From 1926 many ways the story of Stanford Law to 1951 he was on the board of directors School is the story of Marion Rice of the San Francisco Legal Aid Society. Kirkwood. Dean Kirkwood retired from the dean­ Marion Kirkwood began his long as­ ship in 1945 to devote himself entirely sociation with Stanford in 1905, when to teaching. Four years later he was he enrolled as a college freshman. He named to the William Nelson Cromwell received his J.D. in 1911 and was ad­ Professorship, the first endowed chair mitted to practice in California that established at the Law School. He re­ same year. In 1911-12 he taught at the tired from the faculty in 1952. That University of Oklahoma as an Assistant same year the School established the Professor. Then, in 1912, Stanford Uni­ Marion Rice Kirkwood Professorship in versity President David Starr Jordan in­ his honor. Lowell Turrentine, a long­ vited him to join the law faculty, thus time friend and associate, became the beginning a professional association that first holder. continued until his retirement in 1952. Even after his retirement Dean Kirk­ During those forty years he served wood continued to offer a lecture course under five University presidents - Jor­ in water law each autumn, gratis. dan, Branner, Wilbur, Tresidder and In 1975 several hundred of his former Sterling - and taught all but the first students wrote letters of appreciation to eighty Stanford law graduates. Marion Kirkwood, which were bound In 1922 he became Dean of the Stan­ in a special volume and presented to ford Law School, piloting the School him by then Dean Thomas Ehrlich and through some of its best times and cer­ Frederick I. Richman '28. The letters tainly its worst, including the Depression abound with words of praise and ad­ and World War II. Yet, during those miration. The volume is an eloquent ex­ supremely difficult years Marion Kirk­ pression of the profound affection and wood continued to raise the academic esteem in which Stanford lawyers hold standards of the School, as well as to Marion Kirkwood. They underscore an build a faculty that included many of observation once made by the late Pro- fessor George Osborne, "To the many Marion Rice Kirkwood will be re­ generations of students who passed membered by all whose lives he touched. through the Stanford Law School from Moreover, the continued success of the 1922 to 1952 he is always 'the Dean,' a Stanford Law School and of the future title springing not from long habit but generations of lawyers who will pass from an instinctive, strong and enduring through its doors will keep his memory desire to pay homage to the man." burning brightly in the years to come.

Prof. Hancock: It has always seemed to beyond the point of hiring young pro­ me, in studying the history of Stanford fessors who would stay for two years Law School, that of all the deanships and then be lured away by Chicago or Marion Kirkwood's was one of the most Minnesota. And one of Marion's great­ dramatic. It was certainly the longest­ est coups in those early years was get­ twenty-two years. But it was also tre­ ting George Osborne on the faculty. mendously dramatic because when he George was about thirty then, an out­ became Dean everything was going standing editor of the Harvard Law Re­ along fine. It was like the story of Jo­ view~ high in his class at Harvard. He seph in Genesis: "seven years of great showed great promise of being what he plenty" followed by "seven years of eventually became-a powerful teacher famine." and a great legal scholar in the fields of When Marion began his deanship in advanced property law and mortgages. 1922 the School had already progressed George had offers from many places,

4 but it was his friendship with Marion plishments, whose example touched and that brought him to Stanford. influenced the lives of a great many peo­ Things went well for the Law School ple. He was handsome and distinguished in the 1920s. The School felt so pros­ in appearance. He was a man of com­ perous they decided to offer a fourth­ plete integrity and impeccable character. year course. The size of the faculty was He was a very modest, unassuming man, increased and salaries were good. Every­ without any pretense whatever. He ac­ thing was going very well until the De­ complished so much, so quietly, and pression and then the Second World without fanfare. He was direct and War. Yet, no matter how bad things got, forthright in his dealings with faculty, Marion stuck it out and so did George. students and others. He was never con­ They believed in the School and stayed descending or patronizing. H'e was al­ with it all the way. That took patience ways considerate, gracious and gentle­ and faith. And when the War was over, a very human individual with much dry of course, things did get better and the wit and a gift for anecdote, and very rest is history. much of a family man. That's the way I Mr. Richman: The Law School was Ma­ remember Marion. rion's life, period. The proof of this is Judge Duniway: You know, John, I that he virtually never left here. After came to Stanford in 1928. This was just graduating with his J.D. he taught one before the Depression hit and every­ year in Oklahoma and then returned to thing was going swimmingly and I felt Stanford. Even when he retired from the very proud to be at the Law School. But deanship he continued to stay on. during my first couple of years here I I took my first class from him in 1925 found Marion to be very reserved and a and there was no question then that he rather cold fish. I didn't take any courses ran this law school. I recall a conversa­ from him the first year; the second year tion with him in which he told me that I did and I thought he taught an excellent once he had called President Wilbur to course. He didn't have the fire and the say that he wanted to retire from the verve of a George Osborne. He was very deanship but then Pearl Harbor came. precise and quiet, but he was effective He laughed and said, "Neither one of and a little remote. us mentioned it again for a number of I got to know him better in my last years." year and my feelings about him changed Marion didn't choose, as he could considerably. He deserved every adjec­ have, to use the Law School as a step­ tive you've used, John, and I can illus­ ping stone for other places. Stanford trate why in one respect. I went to Eng­ was his life and the Stanford Law School, land for a couple of years and when I as the saying goes, is the elongated came back I was invited to dinner at shadow of one man-Marion Kirkwood. the Kirkwood's. During my visit I men­ Prof. Hancock: I'd like to add a foot­ tioned that I was about to be married. note that bears out what you're saying, Marion looked at me and smiled and Fred. Marion once told me that he spent said, "You don't start to live until you a year as a visiting professor at Duke in get married." And that's just the kind of 1930-31, I believe, at the invitation of person he was-very attached to his Justin Miller, who was one of Marion's family. first students and at that time Dean of You're also quite right about getting the Duke Law School. Marion said that things done quietly. If there were inter­ he received a very generous offer to stay nal currents in the faculty, they weren't but he turned it down because, in his apparent to the students. I think that words, "I didn't think the schools in was because Marion could just sit on Durham were good enough for my sons them. After all, there were some very and I wanted them to get a good educa­ bright people on the faculty and I'm sure tion." But I think it was more than that. there were clashes of temperament. I think Marion was totally committed Mr. Richman: Well, let's look at the to the Stanford Law School. faculty he had to work with during the Prof. Hurlbut: I'd like to mention a few Depression years: Chester Vernier, Stan of Marion's personal attributes which we Morrison, Harold Shepherd, Arthur might elaborate on. As has already been Cathcart, Clarke Whittier, Joe Bingham, said, he was a man of extraordinary ca­ Bill Owens and George Osborne. You pacity, with a long career of accom- can't tell me any of those men were

5 "yes" men or push arounds. And if Marion at the time, so I went to ask Marion could control them, he had to him if I could take an incomplete in the be an administrator par excellence. course to go to the meet. He just looked Prof. Hancock: George Osborne was a at me and said, "Mr. Richman, what do man I always admired and I would like you plan to be in life?" I answered, "An to ask John how did Marion get along attorney." He then said, "Oh, I thought with George? you were going to be an athlete." I as­ sured him that I wanted to be an attor­ Prof. Hurlbut: It took some adeptness, ney and he assured me that if I went to Moffatt, but Marion had it and he and Boston I could expect no special con­ George got along very, very well. I don't sideration. Needless to say, I gave up ever recall a serious fight or squabble the trip to Boston. in faculty meetings between George and Marion. There were some very pro­ I then figured out that if I went to longed discussions but they always cen­ summer school in 1927 I would have tered on the problem at hand. Marion sufficient units to get my J.D. in June would never let personalities interfere. 1928 and take the Bar examination in the The Law School was it, period. fall of '28, which is what I did. I passed the Bar and became associated with a Mr. Moerdyke: I think my first impres­ law firm in Los Angeles in January of sion of Marion was very similar to yours, 1929. Well, the following October came Ben. I came to Stanford Law School the crash and some of the boys who under the old pre-legal curriculum and were in the class I should have been in was here for four years, so I think I be­ took five to six years to fi-nd jobs. came fairly well acquainted with Dean I have been thankful ever since that Kirkwood. In the beginning I, too, felt Marion wouldn't compromise his stand­ that he was rather aloof. My father had ards. If he had said yes, Lord knows gone to the Law School in '06-'07 and, where I would have been when I got out. of course, I wasn't there long before he came up to see what I was doing and we Judge Duniway: He certainly expected went to see the Dean. After that visit I you to perform. But I think I would de­ found the Dean a lot more interested scribe him as disciplined, rather than a and friendly. disciplinarian, Perry. He had a very or­ I felt that, both as a person and as a derly mind and a very orderly way of professor, Marion was primarily a disci­ going about everything. plinarian. He insisted on performance One thing I think every student would but he also insisted on his personal per­ have agreed upon about Marion was formance. He was always very organ­ that he was obviously a man of integrity. ized, his office was organized-didn't You couldn't talk to him five minutes look anything like mine! In class he was or be in his class without knowing it. always prepared to carry any questions And when problems came up regarding or arguments. I particularly remember how a lawyer ought to behave, he just his Real Property class. The students instinctively reacted in a way that a law­ never went to sleep in that class. He yer ought to. was not a dramatic teacher like Bill Prof. Hancock: That reminds me of a Owens or John Hurlbut, but he cer­ story I wouldn't have bothered to tell tainly kept us on our toes. but it so well illustrates that point. When I was in law school from 1935 through I began teaching at the Law School Ma­ 1939. We had a good-sized graduation rion was already retired, but he would class, about 125, but I think everyone come to School every morning and I of those students had Dean Kirkwood's would often talk to him about the things personal attention and his personal con­ I was teaching, since I was teaching his cern that we were performing and get­ courses in Property. ting what we should out of school. I remember one occasion when a law­ Mr. Richman: I certainly found that to yer called me about a case that had be the case. In fact, what Marion did come up in the District Court of Ap­ for me was the luckiest thing that ever peals and I had told my students that happened to me. I was on the track the case was obviously wrong. A student team and Dink Templeton, the track who was on the Law Review, wanting coach, wanted me to go to Boston for to know if the case would be appealed, the IC4A track meet. I was taking a called the counsel on the losing side course in Titles to Real Estate from and the counsel assured him that they

6 were going to appeal. Well, the student sources of the University and the Law told him that I had said the case was School were not great, it's amazing to wrong so the lawyer called me and think of what he accomplished. He did asked if I were thinking about writing everything himself, including admissions an article about it. I told him no. He work and scheduling the classes, and -he then asked me if I knew any justices on always carried a heavy teaching load. the state supreme court and I said I He did all of this with the assistance of knew Justice Traynor pretty well. He one secretary, Miss McKendry. then asked if I would be willing to write Yet, his door was always open to stu­ to Justice Traynor about the case. Of dents and faculty. Moreover, his dean­ course I said no. ship was marked by a steady advance When I told Marion about this, he in legal education in the Law School and laughed and said, "Why that foolish by the participation of an intensely lawyer put his foot right in his mouth. loyal alumni group in the growth of the You could have written to Justice Tray­ School. nor if he hadn't talked to you, but by Prof. Hancock: Marion once told me suggesting such a move he put you in a that Jim Brenner was largely responsible position where you couldn't." Marion for strengthening alumni relations. He was very sensitive to questions of legal said that in the beginning alumni were ethics. not terribly excited about the Law Prof. Hurlbut: Would you all agree that School and that Jim did a marvelous job in the classroom all of Marion's char­ of building alumni relations. acter and personal traits came through? Mr. Richman: Of course you've got to I thought so. I think he viewed the class­ bear in mind that Jim didn't take over room as a place for painstaking thor­ alumni relations until we were coming oughness but not to the abortive degree out of· the Depression. Before then you of a perfectionist. It was a place for couldn't have put on a banquet for fif­ hard thinking and resourcefulness. teen or twenty dollars a plate and gotten Marion once told me that he thought anybody to attend. We used to' get Ma­ the student must cultivate self-disci­ rion to come down to Southern Califor­ pline, independence of thought and nia and talk about the water situation above all acquire the capacity to use and the University Club would set up a legal learning as the basis for judgments luncheon for a dollar and a half. I think to be transmitted into action. What's the times had a lot to do with it. more, although his professional obliga­ Prof. Hurlbut: One of Marion's biggest tions were many and diverse, they were disappointments was never being able always subordinate to his role as a to get the funding for a building for the teacher. For him the classroom and the Law School. There was a beautiful set students were opportunities. of drawings but nothing ever came of Prof. Hancock: I recall Marion telling them. And right after the War we were me one time that often when he got desperate because President Tresidder through marking a set of papers he took over our classroom building and found that on the first marking he had our classes were scattered all over the failed almost half of the class. Realizing campus. that he couldn't fail that many, he Prof. Hancock: But isn't it wonderful to would go over the papers again and think that the Stanford Law School up raise a few of them. He set the highest to 1950 had no building of its own and standards but when they couldn't be yet maintained such high academic reached he would compromise. standards, real scholarship and learning Mr. Moerdyke: You make me wonder without any building at all. And look at about that CI got in Real Property. the School today. The real tragedy, I Prof. Hancock: Well, maybe that's more think, is that Marion never saw these a professor's story. new buildings-the realization of his Prof. Hurlbut: I think we should look lifelong dream. at Marion's role as Dean. As far as I'm Mr. Moerdyke: But as someone sug­ concerned, as Dean he was really per­ gested earlier, the Law School was a lot fection itself. I'm sure he did the work simpler back then, and I think most of of three men. When you remember that my classmates look back with consid­ his deanship embraced the long days of erable pleasure on the fact that it was the Depression, when. the financial re- simple. What's more, I think most of us

7 who was with him all the way. I remem­ ber when Tom Ehrlich and I went to visit them and to present Marion with the volume of letters of appreciation from Marion's former students. Mar­ ion's eyes were in very bad condition then and Mary read the letters to him and they chatted about them. It was wonderful the way she took care of him. Prof. Hurlbut: I think we should also mention Marion's contribution to the State Bar. During the early days, about 1927, I believe ... Mr. Richman: Yes, 1927, when dues were $5.00 a year as compared to $130 now-and soon to be $400 to support all of the mistakes that a lot of attor­ neys who didn't go to Stanford make ... Prof. Hurlbut: Marion, along with Jim Brenner, assumed a leadership role in fostering a close relationship between identify that simplicity with Dean Kirk­ the State Bar and the law schools in wood. I don't think he would have been California and in the movement to raise happy being Dean in this new building. the standards for admission to the Bar judge Duniway: I do recall that when through a well-administered Bar exami­ some of us went to see him to inquire nation. why the School didn't have a law review judge Duniway: Jim was the first secre­ he didn't greet us with any enthusiasm. tary of the State Bar and he traveled all He apparently felt there were enough over the country promoting the idea of problems without taking on another one, accreditation of law schools by the ABA but I can't recall any specific reasons he and of improving the quality of the Bar might have given. examination. And Marion backed him Mr. Moerdyke: I think that underscores all the way. what I've been saying. I think Dean Editor: I'd like to ask a question. In Kirkwood liked things to be kept simple. listening to each of you today, I've been Prof. Hancock: It took real courage and struck by the variety of things one can independence, don't you think, to say I say about Marion Kirkwood. He was think we can have a good law school obviously a remarkable man. If you had without a law review. to use one word to describe him, what Prof. Hurlbut: There is one facet of Ma­ would it be? rion that no one has mentioned. Despite Mr. Moerdyke: Integrity. all of his heavy professional obligations, Prof. Hurlbut: Certainly integrity would he was anything but a narrow man and be high on the list, but he had so many somehow he managed to work in quite other personal traits that should really a few hobbies, as well as be a great fam­ be combined with integrity. ily man. He was, for example, an expert amateur horticulturist and it was said judge Duniway:. I'm torn between his being well organized and integrity. that he talked to his azaleas. I also know that he got a big kick out of his adven­ Prof. Hancock: I'd say his devotion to tures in the stock market. He was widely the Stanford Law School was remark­ read and somewhat of an armchair trav­ able. He was a student here, taught one eler. And my recollection is that he liked year somewhere else, came back, joined nothing better than to run an electric the faculty, became Dean. He had the train set in the basement of his home faith that would move mountains. He with his two young sons, or work on a believed in this school and he never jigsaw puzzle or play dominos or chess gave up. in his game room. Mr. Richman: Stupendous. I don't think Mr. Richman: I'd like to say something he was shortchanged in any direction. about Marion's wife, Mary. She is a Marion Kirkwood was a man for all sea­ very gracious, charming, lovable woman sons. Stupendous in everything.

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resident Nixon and Premier tok numbers require little, if any, force Brezhnev signed the SALT I destruction and leave plenty of growth agreements in May 1972. One room for multiple warhead systems. In of the agreements was a treaty perma- his efforts to convert this accord into a nently limiting ballistic-missile defense treaty, Secretary Kissinger was never systems: the ABM Treaty. The other able to reconcile the requirements of the was a five-year executive agreement, ap­ Soviet Union with those of the U.S. Con­ proved by Congressional resolution, that gress. Congress was seriously troubled generally froze the numbers of offensive by allegations of Soviet violations of strategic missiles, but permitted some SALT I and by fears over the force level transfer from land-based missile systems balance. It also fell in love with the to sea-based missile systems. This ar­ cruise missile. This is a long-range un­ rangement - a formal treaty together manned aircraft which can potentially with a less formal, five-year executive achieve very precise accuracy. The So­ agreement-reflected an underlying po­ viets feared the U.S. lead in this tech­ litical compromise. Even though the U.S. nology, and sought to interpret the had concluded that ABM development Vladivostok accord as including a U.S. commitment against its development. by John H. Barton was undesirable, it thought that the So­ viets were, in a sense, gaining from the The U.S. similarly argued for restric­ ABM treaty, since the U.S. was giving tions on a Soviet aircraft that had enough up part of an actual program. Long-term range .to attack the U.S., although not agreement on offensive-missile arrange­ enough to return home from all target ments was therefore sought but was not areas. possible at the time and was put off When President Carter's administra­ for SALT II. Instead, the U.S. gained a tion took over, it rapidly committed it­ freeze. The Soviets had a larger number self to negotiating actual force cuts in of land-based missiles under the freeze, SALT, criticizing Kissinger's efforts as but the U.S. thought the freeze would producing purely symbolic agreements be beneficial as a way to slow the Soviet that did not really restrain the Soviet offensive missile buildup pending further arms competition. Hence, the package negotiation. that Secretary of State Vance carried to It is this five-year freeze that expired Moscow in March 1977 offered the So­ last fall. In SALT I, the U.S. made it viet Union two choices. Under one clear that it might regard failure to reach choice, there would have been substan­ a follow-on offensive forces agreement tial reductions below the Vladivostok as an adequate reason to invoke the ter­ levels, there would have been testing mination clause of the ABM treaty; thus, restrictions designed to slow further mis­ everything could have come tumbling sile development, and the U.S. would down last fall. Both sides, however, an­ have accepted severe restrictions on the nounced unilateral intentions of restraint cruise missile. The other choice was es­ pending further negotiations; these par­ sentially the Vladivostok accord with allel statements reflect their own politics. the U.S. continuing cruise missile devel­ Even a short-term formal continuation opment. The U.S. was thus using the requires U.S. Congressional approval, cruise missile as a bargaining lever to under most views of executive authority. obtain force reductions. And there was some indication that the The Soviets angrily rejected this pro­ Soviets believed that conclusion of a posal, resting their objection on the fail­ more formal interim agreement would. ure of the U.S. to honor the arrange­ take the bargaining pressure off the U.S. ments made at Vladivostok by the pre­ Negotiations toward the promised vious administration. The real Soviet SALT II agreement have been most reasons were probably somewhat deeper. heavily influenced by the November The Soviet-side cuts sought by the Car­ 1974 Vladivostok accord between Presi­ ter-Vance proposal were cuts in the dent Ford and Premier Brezhnev. This larger Soviet land-based missiles, the accord was an agreement to agree, that missiles which raised the greatest con­ outlined a long-term SALT structure cerns in the U.S. These missiles are that would include stated high equal among the newest weapons in the Soviet limits on total strategic delivery vehicles inventory - and presumably have the and somewhat lower equal limits on the support of the strongest Soviet bu­ number of such weapons that could reaucratic constituencies. Moreover, al­ carry multiple warheads. The Vladivos- though many U.S. strategic theorists

10 urge a move away from such land-based President Nixon was eager to offer a plicated by the difficulties of verifying­ missiles toward sea-based strategic symbol of peace as elections approached or even defining-restraints on techno­ forces, the Soviets resist these u.S. the­ in a nation tired of the Vietnam War. logical advance. ories and may even lack confidence in SALT I was an ideal symbol. And the So­ Fourth, and most important, the de­ their sea-based forces. Finally, the So­ viet Union, torn by economic difficulty, tente framework which provided the key viet Union clearly did not like the new was eager for the West's technology and political motivations for both nations in U.S. negotiating style. They preferred the anticipated that it could obtain this tech­ 1972 has now evolved into something more private approach exemplified in nology only through a new arrangement altogether different. Detente's ground Kissinger's diplomacy. The heavy Car­ with the West that included arms con­ rules are less favorable from the Soviet ter-Vance use of publicity was thus either trol. The Soviet leadership was also viewpoint than those envisioned five a tactical error or a very deliberate ef­ eager to obtain a symbol to demonstrate years ago. President Carter has been fort to impose a new style on the Soviet its new-found parity with the u.S. SALT willing to speak offensively against the Union and create a new, more open bar­ I symbolized Soviet preeminence as one Soviet political structure. The political gaining structure. of the two nations entitled to shape the implication-intended or not-of Presi­ In the short run, we have already seen future of the world. dent Carter's human rights policy is that a move toward quiet diplomacy and a Although this analysis of Soviet moti­ it may be necessary to seek a different cooling off of last spring's animosity. vations is somewhat weak because it kind of Soviet interest in arms control. The direction of negotiation is said to be necessarily draws on the conventional Kissinger seemed to ally himself with the toward another multi-agreement pack­ wisdom, its application to today's world Soviet political leadership in its effort age-a lawyer's solution. According to leaves one somewhat pessimistic about to help stabilize its economic and politi­ statements last May and leaks in No­ the future of SALT or at least about the cal system. Carter, however, has effec­ vember, there would be three compo­ chance that SALT can deeply limit U.S. tively allied himself with political forces nents: a treaty, a protocol, and a state­ and Soviet strategic arms. First, the So­ that have little current say in Soviet ment of principles for further negotia­ viet Union has not received much tech­ policy. Carter's position is probably the tions. The treaty, to last until 1985, nology-the quid pro quo it hoped to only one that can ever elicit substantial would be based on Vladivostok, perhaps obtain from SALT I. This can hardly reductions from the Soviet society-but with a minor cut in force levels, and help the political positions of those So­ it will not elicit them until that society would be silent on the disputed cruise viet leaders arguing for further arms changes. For all these reasons, SALT missile and bomber issues. The protocol, control agreements with the U.S. Second, seems likely to produce only minor however, would place a three-year mor­ as a political motivation, the reduction agreements until the Soviet political sys­ atorium on these systems. Thus, the U.S. of arms may occupy a very low priority, tem does change in response to the in­ would accept a three-year delay in the at least on the Soviet side. Soviets are ternal pressures upon it. Many European application of its cruise-missile bargain­ probably interested in avoiding the con­ observers are similarly pessimistic­ ing lever, maintaining the right to resume struction of particularly dangerous arms, looking to SALT to evolve into a con­ development of this weapon as a way but reduction per se probably lacks a sultation forum rather than a negotiating to force substantial cuts during negotia­ strong political constituency; the reduc­ forum. It is much more likely to be use­ tions against a 1980 deadline. Most tion of military budgets may even face se­ ful in avoiding dangerous construction likely, such a package will emerge and vere opposition. The Soviet Union's cur­ programs than in reducing arms levels. be placed before Congress sometime this rent statements place strong emphasis on The next question is to evaluate the spring. Its chances before Congress will SALT, but this probably reflects fear of seriousness of such limited results. For be unpredictably related to the Panama U.S. developments rather than desire for most arms control analysts, the failure Canal Treaty debate and the evolution reductions per see Third, the technical of SALT-depending in part on how of President Carter's prestige. problems are inordinately complex, espe­ well that failure is disguised - would cially for new systems like mobile mis­ be an unmitigated disaster. They say siles. In facing these technical problems, this even though they recognize that the oth the strength of SALT II and the negotiators are facing a very funda­ real arms-derived risks to the world are the future of SALT after SALT mental assymetry. Without significantly those of nuclear proliferation and of the II depend on strategic and polit­ violating existing agreements, the Soviet spread of conventional weapons. U.S.­ ical factors. The U.S. interest in SALT I Union has demonstrated the political Soviet arms control could ideally help was in some part an interest in protect­ will to keep on building more and more maintain a stable strategic balance at ing the stability of deterrence against the of the sorts of weapons it already has. lower overall cost. But the strategic bal­ threat raised by arms competition in the The U.S., on the other hand, has demon­ ance is already relatively stable and U.S.­ construction of ABMs. The U.S.-apply­ strated the ability to produce qualita­ Soviet war is unlikely. It is in the de­ ing its strategic theories-judged that tively new weapons-such as the cruise veloping world, in contrast, that conflict both sides would benefit from the agree­ missile - that, so to speak, outflank is greatest, that war is most likely to ment. We really don't know whether or existing agreements. One can imagine arise, that weapons are most likely to be not the Soviets saw the world the same the problem of devising an agreement used to kill people, and that growing way; they may simply have feared that that, in a balanced way, slows both the force levels are most likely to encour­ they would lose an ABM competition. dogged Soviet style and the innovative age aggression or misjudgment. One But on both sides, there were more American style of force improvement. needs only to compare the Persian Gulf clearly political motivations. In 1972, Design of such a balance is further com- today with Europe before World War I.

11 Even so, many in the developing world U.S.Soviet force ratios than with the ab­ argument is designed to appeal to devel­ think (incorrectly) that the U.S.-Soviet solute level of those forces. SALT might oping world ideologies. If it were to arms competition wastes the most even prove to be less important to future catch on, it would give the developing money, and argue with subs,tantial force European arms control negotiations than world a new motivation for arms con­ that this arms competition sets a bad will German politics and the evolution trol. Unfortunately, none of the protago­ example and poses the most important of Eurocommunism in both Eastern and nists of the argument is economically or immediate task for arms control. The Western Europe. In other areas, nations ideologically a developing nation. There U.S. and Soviet Union accepted this ar­ such as Japan and Israel look more to are other reasons why such a global force gument in the Non-Proliferation Treaty the strategic balance and to the local level negotiation is unlikely to work. The (NPT.) when they promised to control tactical balance than to the existence of ~ost important problem is the asym­ their strategic arms competition in return arms control. And the key arms control metry between North and South-na­ for commitments from some third world issue is posed by the emerging or po­ tions have always had difficulty nego­ nations to avoid nuclear weapons. It is tential great powers-nations such as tiating force levels when they start from hard to see how that treaty can be Brazil, China, India, and Iran. Few, if different levels-as seen in the difficul­ strengthened unless the superpowers any, of these nations seem likely to think ties between the U.S. and the Soviet honor their end of the bargain. Thus, in terms of reciprocating for SALT re­ Union. Even when the negotiation suc­ many U.S. analysts predict that failure ductions by an increased willingness to ceeds, the nation with the inferior posi­ at SALT will produce a generation of reduce their own forces. Of the four tion is likely-like Japan after the 1922 proliferation. Likewise, it is generally nations just named, only one has signed naval treaty-to rancor with resentment agreed that the force level negotiations the NPT. Another one, China, has called after the inferiority is codified. Force in Europe will go nowhere until there is SALT a sham. The U.S. may then be level differences between North and a resolution at SALT. And failure at wrong in its assumption that SALT is South are just too great for this kind of SALT would probably produce a new essential to bring arms control in the agreement. And there are the additional round of U.S. and Soviet weapon con­ rest of the world. The criticism here is problems of how to cope with the exclu­ struction. the easy one of tearing apart a common sion-or, for that matter, the inclusion­ Thus, the U.S. overall arms control argument, but it is made toward a con­ of the Soviet Union in such a negotia­ strategy is and may properly continue to structive end: we do not need to give tion. Nor is the South likely to be any be one of giving priority to SALT, delay­ up if SALT fails. We can all hope that more unified than the North. ing pursuit of really strong agreements SALT will succeed, but can also usefully Thus, there are only slight chances of in the rest of the world until U.S.-Soviet seek an alternative arms control strategy obtaining a significant Southern agree­ force levels have somehow been low­ less dependent on SALT that deals real­ ment setting overall force levels. We ered. That strategy correctly implies that istically with developing world arms have generally to reduce our sights to the U.S. should pursue any novel but races. It is these arms races that are the much more limited approaches. Of these safe technological options that might most significant for peace. approaches, the most promising is prob­ help at SALT. Perhaps even, it suggests ably consultation, which is likely to that the U.S. should accept risks in a work best on a regional level. It would SALT agreement for the sake of avoid­ hat is possible? One approach be useful if the various nations in each ing even greater risks in the rest of the might be to define a detente region would, perhaps together with world. and arms control package with their traditional arms suppliers, simply But if one fears that SALT is unlikely the nations of the South-a North-South meet occasionally to discuss military is­ to go very far past SALT II, it is essen­ symbol-comparable to the U.S.-Soviet sues and force levels. Such consultation tial to find an alternative strategy under symbol of 1972. The Northern developed might sometimes help a nation volun­ which the failure of SALT would not nations would commit themselves to tarily forego a new weapon in order to mean the end of arms control. To start weapons limits in return for stronger avoid encouraging a neighbor to buy a with, it is useful to reexamine the way commitments by the Southern develop­ counter-balancing weapon. Consultation the U.S.-Soviet arms competition really ing nations to avoid nuclear weapons might encourage informal force level ad­ affects other nations' interests in acquir­ and to limit the growth of their conven­ justments to decrease pressures on re­ ing weapons. Europe is probably the tional military forces. Most likely, the gional nations to acquire nuclear weap­ strongest case for the conventional argu­ negotiation would necessarily include ons. Consultation might help a region ment that high U.S.-Soviet strategic force some part of the developing world's pro­ adjust as smoothly as possible to the levels encourage high regional nation posed new international economic order. decision of one of its members to ac­ force levels. This is the argument that There are a few straws in the wind that quire nuclear weapons. Perhaps most gives priority to SALT. After all, France favor such an accord-the most impor­ important of all, consultation might pro­ and the U.K. do design their nuclear tant is an argument being developed by vide precisely that exchange of informa­ forces against the Soviet Union. Yet, Singapore, Japan and the Netherlands. tion that is needed to help protect a Europe was not all that enthusiastic These nations argue that the trade in region from stumbling into war in the about SALT I. European diplomats conventional arms is a form of neo-im­ World War I pattern of misevaluated feared that the U.S. and Soviet leaders perialism-a way in which the developed capabilities and intentions. There are were negotiating over their heads and world is exporting its oil deficit and risks as well-it is easy to visualize how have generally been more concerned fighting its wars by proxy in the develop­ such a forum could be used to build a with U.S. military doctrines and with ing world, at the latter's expense. The record to support the purchase of new

12 "(I)t will be difficult to enlist the developing world's cooperation in the control ofnuclear power until their own politics makes those societies sensitive to the risks." forces. Yet, it is certainly useful to get de­ haps our most important piece of inter­ strong public pressure. There are several veloping world statesmen into the habit national environmental protection legis­ immediate possibilities, for which the of thinking together about the military lation. Its political and logical force is politics might evolve and the resulting stability of the regions they inhabit. demonstrated by the fact that France­ agreements make a difference in ultimate A second direction is to turn away not a party-has seen fit, under pressure military capabilities. And there are also from the force-level negotiations that from the International Court of Justice ways to help build and strengthen the pose such horrible asymmetry problems, and Pacific area public opinion, to end necessary constituencies for the longer and to seek instead blanket prohibitions atmospheric testing and thus effectively term. Underground nuclear testing is a of specific weapons. The politics of to respect the limited test ban treaty. As key possibility, which could slow nuclear agreements of this type differ radically law-like arrangements, these agreements proliferation by removing the remaining from the detente symbolization of SALT. must apply uniformly to all-but be­ avenue of nuclear weapons testing. Mili­ These alternative agreements are based cause of that restriction, they can have tary application of genetic technology is on a popular desire to reject or outlaw a great strength, strength that lies ulti­ another, although it may already be for­ particular weapon and to strengthen that mately in the rationality of the legisla­ mally prohibited by the biological war­ rejection through international legisla­ tion and in the popular forces supporting fare convention. More novel examples tion or an international institution. We the legislation, rather than in the type of are found in the area of peaceful nuclear have a few examples of such legislation: pragmatic governmental decisions that power-in finding ways to have the the treaty outlawing biological weapons produced SALT. benefits of that power with as few of the and that prohibiting atmospheric testing One can obviously ask whether there risks as possible. In any effort to prevent of nuclear weapons. The latter, interest­ are many other weapons activities that the misuse of nuclear power, concerns ingly, derived in large part from public might, like atmospheric testing and bio­ with the environment and with nuclear concern with nuclear fallout; it is per- logical weapons, become targets of terrorism create natural allies for arms

13 control, but the alliance is not yet ade­ fear is correct, we might reasonably seek quate in the U.S., let alone in the more a global political judgment that the relevant politics of the developing world. weapon should be avoided. The first task The developing world still has a ro­ is probably to create an international ex­ mantic view of the benefits of both mili­ pert group to bring the developing world tary and peaceful nuclear technology. into the examination of the military and This is a major barrier to the control of technological issues and to help build proliferation: it will be difficult to enlist political counter-forces before the weap­ the developing world's cooperation in on spreads and becomes embedded in the control of nuclear power until their the global power balance. own politics makes those societies sensi­ In summary, there are grounds for tive to the risks. Institutions ranging pessimism about the future of any agree­ from environmental movements to the ments that set force levels-either in the International Atomic Energy Agency SALT context or in the wider multi­ could encourage and benefit from a po­ lateral context. A more effective and litical evolution that helps the develop­ more important approach (that can be ing world look more realistically at nu­ pursued at the same time as SALT) is clear power. The same institutions might probably to work to build habits of con­ also help our own politics to respond sultation about weapons and to build to genuine developing world needs; we political constituencies throughout the would have to limit ourselves as well. world against particularly dangerous Although any nuclear power proposal is military technologies. Both prongs of full of economic, political, and military this strategy help undercut the existing pitfalls, there are at least two plausible assumption that any nation state can goals for such a political evolution. One legitimately acquire any weapons it is-on a global basis-to discontinue the chooses without paying any attention to production of nuclear material for mili~ other nations' concerns. And the strategy tary purposes and to place all enrich­ bypasses the existing developing-world ment and separation facilities under in~ national leaders-who emphasize the ternational verification and control. A rhetoric of third world equality in arms less ambitious goal and one less likely to construction-to create instead commu­ require Soviet participation is globally nicating domestic constituencies and a to stop the separation of plutonium, , political climate that is favorable to arms while moving to ensure the availability restraint. It also helps make it politically of low-enriched uranium to those na­ feasible to use the U.N. to assist in arms tions needing it to meet energy require­ control-making useful assets of the ments. third world's identification with that or­ Even specific weapons systems might ganization and of the formal but cur­ sometimes be controllable in a parallel rently empty powers the organization maneuver. The cruise missile is perhaps already possesses. the most important example. Most dis­ President Carter may be pursuing a cussions of this weapon system look to parallel strategy in his new style of ne­ its effect on the U.S.-Soviet strategic bal­ gotiating with the Soviet Union. The ance. Yet, the cruise missile's most sig­ proposed. strategy, however, differs sub­ nificant implication might be that it may stantially from our current overall arms soon give a second-level nation a way to control strategy which still gives priority deter or attack a superpower or another to private negotiations with the Soviet second-level nation. Western Europe Union. Even the concepts of consulta­ wants the weapon precisely because the tion or of the creation of expert groups weapon is expected to penetrate the So­ to bring third world nations into ad­ viet Union's air defenses and reach a vanced military issues are likely to target very accurately. Iran or India or face substantial bureaucratic opposition Brazil-or their neighbors- may some within the U.S. And the strategy is a day see a similar potential. The military long-range one - it cannot promise issues deserve much more careful exam­ short-term results. Nevertheless, the ination, and one must carefully estimate strategy may be the only way to build the rate at which the technology will the strongly based political forces that spread. Nevertheless, this weapon might will be essential to restrain a world that be one of the most dangerous of all in is likely to find it easier and easier to destabilizing local military balances. buy arms and harder and harder to buy Everyone might lose through it. If this food or resources.

14 he issue for the United States no might be interpreted as a loss of friend­ longer is whether it should nor­ liness. malize relations with the People's Second, some statutes (for example, Republic of China. We have passed that the Foreign Assistance Act and the Agri­ point. The issue is how. cultural Trade Development and Assist­ A major obstacle in this effort has ance Act) prohibit dealings with coun­ been a fear that normalization would tries with whom the United States has severely disrupt U.s. relations with Tai­ "severed diplomatic relations." wan and endanger our security interests. Third, other statutes place various re­ This concern may be misplaced, but it strictions on dealings with "Communist nevertheless has been repeatedly ex­ countries." If Taiwan is considered part pressed by American political leaders of a "Communist country" after with­ and in public opinion polls. I believe that drawal of recognition, then the Export­ the following legal analysis suggests a Import Bank, the generalized system of policy option which has not yet been preferences, tariff rates, and other mat­ considered: The United States can rec­ ters, might be affected. ognize the People's Republic of China, These three problems are not difficult and thereby take a major step forward to resolve. That is, after withdrawal of toward normalization, while at the same recognition all domestic legal obstacles by Victor H. Li time maintaining existing economic and to maintaining existing economic, cul­ security ties with Taiwan. tural, and other ties with Taiwan can I stress at the outset that normaliza­ be removed by legislation. Language for tion-in the broader sense of establish­ such legislation, which is relatively sim­ ing effective and cooperative relations­ pIe, has been suggested to the U.S. Con­ is a process requiring much time, rather gress. The legislation would affirm the than a single act of creation. Situations Taiwan authorities' de facto control and such as Taiwan, formed over half a cen­ "friendly" status, and would make in­ tury, cannot and should not be resolved applicable the restrictions on dealings in a single stroke. It would be wonderful, with "Communist countries" or coun­ of course, to find at once a complete tries with whom diplomatic relations solution to the entire China problem. have been severed. Short of that, we should take steps that There are sixty treaties and executive confirm points of agreement and reduce agreements presently in force between areas of disagreement. This is not mov­ the United States and the Republic of ing by half-measures; this is the best way China. Of particular importance are: the to advance the normalization process. Mutual Defense Treaty; the Treaty of What are the legal consequences fo~ Friendship, Commerce, and Navigation; economic and other relations between and agreements concerning air transport, the United States and Taiwan if the safeguards for nuclear materials, textile United States withdraws de jure recog­ quotas, taxation, and investments. It nition, although the Taiwan authorities should be noted, that all treaties still continue to maintain de facto control having operational effect are limited by over the territory and population of their terms, subsequent amendments, or Taiwan? clear implication to apply only to the There are few provisions in American territory actually controlled by the Tai­ legislation which specify that de jure wan authorities. governments and de facto authorities What are the legal effects of with­ should be treated differently. In general, drawal of recognition on these treaties the legislative approach has been to treat and agreements? Two views have been these two kinds of entities similarly, un­ proposed, both of which severely limit less there is a specific provision to the possible' American policy options by ter­ contrary. minating the defense treaty. The first ar­ Several problems, however, will arise gues that all agreements would auto­ upon withdrawal of recognition. First, matically lapse, since one of the signa­ a number of statutes apply only to tories, the Republic of China, would no "friendly countries"-these affect mili­ longer legally "exist." This would tary sales and assistance and the Over­ greatly disrupt our economic and other seas Private Investment Corporation, relations with Taiwan and 'Nould termi­ among others. Interestingly, nowhere in nate obligations which the U.S. would these statutes is the term "friendly" de­ wish to preserve, such as those concern­ fined, but withdrawal of recognition ing safeguards for nuclear materials.

15 A second view is that treaties of a matters is, finally, a fairly arbitrary one. into with a once-recognized government, "political" nature, such as the defense There is a third view, which I believe the terms of which are limited to the treaty, would be terminated by the po­ to be analytically more sound and po­ territory actually controlled by that gov­ litical act of withdrawing recognition, litically more helpful. As stated earlier, ernment, must automatically lapse after but other treaties of a technical or non­ all operative treaties are limited to the that government loses de ;ure recogni­ political nature could continue. This d'is­ territory actually controlled by the Tai­ tion while still exerting de facto control. tinction is artificial. The hard-to-draw wan authorities. International law does Neither, however, does international law line between political and nonpolitical not require that prior treaties entered require that such obligations continue.

"The issue for the United States no longer is whether it should normalize relations with the People's Republic of China. We have passed that point. The issue is how" Hence, the choice of what to do with the actions to insure security, however, must defense treaty is a political, more than a be negotiated. legal, matter. This proposal is designed to accom­ I have stressed two points concerning plish several objectives. Recognizing Pe­ the withdrawal of recognition from Tai­ king as the government of China would wan: 1) it need not disrupt our economic break the present impasse. The proposal and other relations; and 2) it need not, would protect the vital interests while as a matter of law, automatically termi­ taking into account the constraints on nate the defense treaty. Our policy op­ each party. Peking would obtain a for­ tions, therefore, are quite broad. mal acknowledgement of the one-China In examining policy options, it should principle, but would have to accept Tai­ be noted that despite its harsh rhetoric, wan's continued separate existence, at China's conditions for normalization are least ad interim. not non-negotiable. China has been un­ Meanwhile, Taiwan would retain its yielding on what it considers to be basic present military and economic security, principles, but flexible on the means of but must confront the rejection of its implementation. Thus, Peking firmly claim to be the government of all China. maintains that it is the sole legitimate If it wishes to continue this fiction, then government of China, which includes it would have ample notice that it must Taiwan. But the means, terms, and time face the consequences alone. If it wishes frame for actual reunification are not to make a transition to some other fixed. Vice Premier Teng's reported status, then it must begin the process. statement that China would take into In the United States there have been consideration the special conditions pre­ numerous indications of strong political vailing on Taiwan is the latest indication opposition to abrogating the defense that there is room for negotiation. treaty without finding a substitute. At I believe the United States can and the least, a lengthier national debate ap­ should immediately recognize Peking as pears necessary before a decision could the government of China. It also should be made. One unfortunate effect of any confirm the principles of the Shanghai delay is that the lack of progress may Communique by reiterating that the be regarded as a setback or a further ob­ United States does "not challenge" the stacle in U.S.-China relations. This pro­ position that "all Chinese on either side posal advances the normalization pro­ of the Taiwan Strait maintain there is cess a critical step forward, but in a man­ but one China and that Taiwan is a part ner acceptable to a broad spectrum of of China," and by withdrawing its re­ American political opinion. maining military personnel from Tai­ In addition, this proposal substan­ wan. The United States should welcome tially reduces the existing anomolies by direct Peking-Taipei discussions to re­ eliminating the fiction that Taiwan is solve in a peaceful manner the issues that the government of all China, and by divide them. showing that normalization of relations The process may take some time. with China is not tantamount to "aban­ While awaiting a final resolution, the doning" Taiwan. United States should maintain direct, With the clearing away of the confus­ though lower than embassy level, rela­ ing secondary issues, national attention tions with Taiwan. Economic ties would is clearly focused on the central ques­ continue as before; the legislation re­ tion: What will be the future American ferred to earlier would accomplish this. security relations in Asia? In this regard, The defense treaty, an item not men­ it should be noted that the adopting of tioned in the Shanghai Communique, this proposal does not preclude subse­ should remain in force, unless an accept­ quently following any of the formulae able substitute is found. As discussed for relations with China and Taiwan earlier, international law does not re­ suggested by other analysts. quire that the treaty lapse. The United This proposal may be an insufficient States should actively seek a substitute basis for the immediate establishment of for the treaty. It might commit itself dur­ full diplomatic relations (since the de­ ing negotiations to an eventual termina­ fense treaty might remain in force). In­ tion of the defense treaty-an acceptance stead, it establishes the foundation for on one level of the principle of non-inter­ negotiating a mutually satisfactory and ference. The time and manner of termi­ lasting relationship between the United nation and the possible alternative U.S. States and China.

17 Ihis past fall's United Nations' lion jobs and although white unions have debate about sanctions against excluded blacks from additional work, South Africa for its racial poli­ the erosion of racially exclusionary job cies is just an opening salvo in what reservation simply means that the coun­ will be a continuing controversy about try is running out of whites to do skilled how best to induce that troubled country work. off the road to racial conflict which is The second point which seems rea­ apartheid. Black Africa is dissatisfied sonably self-evident is that, while it may with the military embargo which was be desirable for the West to exert eco­ voted-and which is unlikely to affect nomic pressure through such measures South Africa's defense capabilities in any as, for instance, discouragement or pro­ substantial respect. Indeed, dissatisfac­ hibition of bank loans to South African tion is appropriate, for the South African industry, the notion that business pres­ Government now appears to be reason­ sure on the Vorster Government will ably self-sufficient in military hardware induce it to change in the foreseeable -although they may rely on foreign ex­ future seems fanciful. When business pertise regarding antiguerrilla items such speaks up against Government policy, as helicopters. the response is likely to be an unyielding It is a brave man who dares write a one. Said Prime Minister Vorster to the scenario for South Africa. Yet two points Association of Chambers of Commerce can be accepted with a fair amount of a year ago, "Giving in to unreasonable confidence. The first is that despite For­ requests from business organizations eign Minister Botha's three-year-old would be adulterating the whole politi­ promise to the U.N. that South Africa cal process." by William B. Gould would move away from racial discrimi­ Equally significant in assessing the nation there are no signs at present that impact of outside pressure on South Af­ Pretoria has the slightest intention of al­ rica is the improbability of involving tering any aspect of its "separate but Britain (she has 60 percent of the for­ unequal" policy, which permeates hous­ eign investment there) in severe eco­ ing, education, and employment. For in­ nomic sanctions because of the U.K.'s stance, the Vorster Government shows shaky economic position. This means no signs of retreating from its Bantu that American pressure-to take the ex­ education policy which provides black treme example, withdrawal or a refusal Africans with per pupil expenditure to make future investments-can only which is 1/16th that of their white coun­ have a long-range impact. At some point terparts-and which simultaneously mis­ in the future, lack of access to foreign educates blacks at the primary education technology will make South Africa's level through instruction in the tribal goods less competitive. This gradual de­ vernacular. This system, which has trig­ cline will inevitably affect white living gered black student school boycotts standards-although the bite is likely to throughout South Africa is predicated be felt only in conjunction with two upon a belief which cuts through all other pressures, i.e., (1) guerrilla type Nationalist policy, i.e., since "separate military incursions from increasingly ag­ development" means that blacks are gressive black countries on South Af­ temporary sojourners in the black town­ rica's borders (just a few weeks ago, ships of industrially developed "white three South African soldiers were killed South Africa," blacks are to be educated in a "skirmish" while on the Namibia/ for work in their tribal homelands where Angola border); (2) the post-Soweto ex­ 70 percent of the population is to be odus of professional whites-in 1977 for pushed into 13 percent of the land. the first time in memory there was an The economic reality is that work is outflow of whites from the country: not available in the homelands-and the 1,329 as opposed to an increase of 25,190 continued drift of blacks to the urban in 1976. cities where, despite the economic down­ In the meantime, calls for American turn, they are needed as labor, is vivid action against apartheid are likely to testimony for this point. This fact, and continue-both from countries like Ni­ not racial reform, has prompted the Gov­ geria (America's second largest oil sup­ ernment to abolish 12 to 25 job classifi­ plier) and the "front line" states in cen­ cations which are to be reserved to tral and southern Africa. whites. Statutory "job reservation" ac­ My judgment is that one of the best counts for only 115,000 out of five mil- hopes for change in South Africa is

18 through a viable and ultimately strong well as the post-Sharpville '60s, the mul­ force of law, requires its multinationals labor movement, and that both the Car­ tiracial South African Congress of Trade in South Africa to recognize representa­ ter Administration and American unions Unions (SACTU) was banned, most of tive black unions and to facilitate their can play an important role in shaping its leadership jailed or in exile. organizational efforts. This Code, pro­ this process. The Carter Administration Today, South African labor law ex­ moted by British Foreign Secretary could fashion a code of conduct which cludes blacks from its coverage and thus David Owen, could serve as a model for requires American multinationals to denies black unions the negotiating ma­ . a Carter Administration willing and able both eliminate discriminatory practices chinery available to white and colored to match its words with action. and to recognize representative black un­ (mixed blood) unions. Instead, the Bantu 'What is the case for black unions? ions as a condition of doing business in Labor Regulation Act of 1973 estab­ . Why not codes, which simply require South Africa. Already, approximately 50 lishes plant level works and liaison com­ the reform of employment conditions American companies with production fa­ mittees for blacks. These committees do and sanctions against South Africa? An cilities in the Republic have agreed to a not bargain about wages but rather are important reason for black unions (none private code of sorts developed by the consulted by management on relatively of them which are currently operating Rev. Leon Sullivan, a black member of unimportant matters. As the British­ in South Africa exclude other racial the General Motors' Board of Directors. based Christian Concern for Southern groups-the work force which they or­ The difficulty is that the Sullivan prin­ Africa has noted, while the law estab­ ganize is all black) is that they could ciples are so amorphous that virtually lishes the committee system, it does not play a useful role in dismantling apar­ any 'company will assert that it is now provide committees with authority, pow­ theid-particularly job reservation-in and has been complying with them. er, or facilities: "Methods of elections South Africa. Requirements imposed Moreover, the "principles" do not ad­ are not specified, nor are they observed upon American multinationals by the dress an issue of special importance to or supervised by anyone other than man­ White House might well facilitate that South African blacks-employer recog­ agement. Meeting time, report back time, process. nition of black trade unions. access to information and training rights In the first place, black unions would The American labor movement could are all entirely at the discretion of man­ permit blacks to directly shape their own assist South Africa's black unions agement." Indeed, 1977 amendments to employment conditions-in contrast to through a number of measures. In the the statute made committee reports to the existing system where whites will first place, both the AFL-CIO and unions the work force legally questionable. often bargain for blacks without the which are not affiliated with it, like the latter's involvement. Although South Af­ influential United Auto Workers, can rica's major labor.federation, the Trade provide much needed organizational and ut black unions are lawful-em­ Union Council of South Africa (TUCSA) negotiating skills through courses, and ployers may enter into negotia­ admits black unions (it has flip-flopped seminars which can be held in Southern tions with them even though the on the issue in the past and is regarded Africa, if not South Africa itself. Direct law never requires them to do so. (White with suspicion by many black unions as financial assistance - European unions unions are registered and may bargain a result) its black union affiliates are have already given some-can be pro­ industry wide; black unions are unregis­ "parallel" organizations, i.e., organized vided. The AFL-CIO, which until late tered, unprotected by law, and may bar­ in industries where there are white or­ 1977 kept itself at arm's length from the gain company wide.) There are 28 black ganizations already in existence. (The black unions, announced its willingness unions in South Africa today with ap­ pro-Government and predominantly to consider "selective" product boycotts proximately 50,000 paid-up members. public employee South African Confed­ of South African goods at its recent Los Their principal strength is in Johannes­ eration of Labor is all white and excludes Angeles convention. Black trade Union­ burg and Durban. Although much of its blacks from affiliation and membership.) ists from that country were fraternal leadership may be secretly sympathetic What is particularly pernicious about delegates at the convention. to the Black Consciousness Movement, parallel unions is that the administra­ If the American public is to become which the late Steve Biko brought to tion of affairs of such black unions are convinced that not only must South Af­ world attention, it is apolitical. The rea­ generally handled for them by their rica be pressured but that black unions son is fairly obvious: if it became politi­ white counterparts. (This is not true of can amount to something in South Africa cally involved, in all probability it would the largest black union, Mrs. Lucy Mvu­ -and that therefore supportive efforts be banned or detained in prison indefi­ belo's 23,000-strong National Union of by both the Carter Administration and nitely without charges or the right to a Clothing Workers-but even in that un­ the labor movement are worthwhile-it hearing. The black unions do not have ion there have been charges of pater­ must focus upon the record of and po­ collective bargaining relationships be­ nalism.) This is one reason why the tential for black unions. cause the Government discourages this Johannesburg- and Durban-based black South Africa's black unions have a -and their weakness precludes effective unions do not desire affiliation with history which reaches back until about economic pressure against most any TUCSA. Financial assistance of church 1918. In the late 1920s the major black management. But outside pressure effec­ groups and international trade union union had a membership of more than tively applied could help to tip the scales secretariats based in Europe has thus far 100,000. After World War II the African toward the black worker. permitted independence from TUCSA Mineworkers Union conducted a lengthy Two months ago, the European Eco­ and allowed these unions to seek bar­ strike which was ruthlessly crushed by nomic Community announced the for­ gaining power for themselves as autono­ the Government. And in the 1950s, as mulation of a Code which, while without mous organizations as a first order of

19 "( 0 )ne of the best hopes for change in South Africa is through a viable and ultimately strong labor movement, and...both the Carter Administration and American unions can play an important role in shaping this process."

business. If black unions are less sub­ made because whites are in short supply. tion of all moderates in that country's servient, they are in a position to protest Beyond operating as a collective bar­ society. One would think that the Vor­ against white union negotiated job reser­ gaining agent on wages, hours and work­ ster Government would fear the emer­ vation, which excludes blacks. The influ­ ing conditions, black unions will always gence of any black institution, let alone ence of numerically dwarfed white un­ be more effectively equipped than any a black labor movement, which might ions in a setting where all races have ac­ outsider ever can be to assess objectively become the focal point for grievances cess to collective bargaining procedures the extent to which any phasing out of and discontent about apartheid through­ is likely to be diminished substantially. discriminatory policies are satisfactory, out society. Second, black unions can do much of as well as to monitor the implementation Although black unions eschew politi­ the same in dealing with the infamous of changes. It is common sense to assume cal involvement (all except the black wage gap. The wage gap between skilled that the potential beneficiaries of change National Union of Journalists have and unskilled is a black-white differen­ will have a strong incentive to scrutinize steered clear of it) one wonders how tial, sometimes exceeding a ratio of 10: 1 this area carefully. long this can remain the case. Black trade -and far more inegalitarian than any­ Third, after the October 19 bannings, unionists have been militant enough to thing known in this country or Western black unions are about all that is left of disassociate themselves with white trade Europe. The wage gap is racial because any representative black institution in union opposition to the boycott of South black Africans cannot now be inden­ the big cities. With some 60 individuals, African goods. At the same time they do tured as skilled tradesmen in white South 18 organizations, and three newspapers not promote or support general boycotts Africa-although the Government has affected by the Government's crack­ on the ground that their members will now supported training centers for black down, there are few if any alternatives. be the first to be hurt. But, a new tide semi-skilled workers and operators. The Finally, of course, black unions may of radicalism among black South Af­ employment of black supervisors is of­ commend themselves to anyone inter­ ricans-engendered in large part by Gov­ ficially discouraged-particularly when ested in peaceful change as an institution ernment policies - could easily push they are placed above whites on the job which would support such change them aside as defenders of the system. ladder. through nonviolent means. But herein If, on the other hand, such trade union­ What is particularly important here is lies what may prove to be the most for­ ists stress their unwillingness to tem­ that some institution besides white South midable problem. The uncompromising porize with apartheid they may find African labor and white management, position of white Afrikanerdom coupled themselves behind bars. But even if this American multinational representatives with its reliance upon bannings and de­ happens, active encouragement of black or touring foreigners, must monitor the tentions in its dealings with moderate unions will have been worth the effort fairness of changes that will have to be blacks and whites undermines the posi- because the experience and skills gained

20 will be critical to the construction of a tween blacks and colored workers. The that TUCSA has refused to crItiCIze new South Africa (or Azania, as black new militancy of young colored people Minister of Justice Kruger (who is at nationalists call it) when union leaders demonstrated in the 1976 Cape Town the heart of the Biko matter, attempting emerge from prison. demonstrations has not yet emerged to justify police conduct in that case) on Yet the fact that several progressive amongst older trade unionists. this issue - and that indeed TUC'SA and far-sighted employers seem willing Coordination between registered and General Secretary Grobler may have to deal with black unions-because of unregistered unions helped gain the had advance knowledge of the identity some management's preference for in­ black Textile Workers' Union in Durban of those banned, TUCSA's position al­ dustrial peace and a rational dialogue­ a collective bargaining agreement with a legedly stemming from its fear that in­ provides some basis for optimism in the British multinational. Young activists dependent black unions would supplant short run. (Between 1971 and 1975 there held positions in both the registered un­ it as a representative of the burgeoning were nearly 600 unlawful strikes by ion recognized by the legally constituted black work force. black workers.) Harry Oppenheimer's bargaining machinery and the black Af­ None of this is likely to change very Anglo-American Corporation conglom­ ricans' unregistered union. A similar soon, although the unanswered question erate-it has more of an impact on the process has been of help to the black is whether the triumphant Nationalists South African economy than does any National Union of Clothing Workers. now possessing an unprecedented ma­ company in the u.S. on our own econ­ The registered Garment Workers' Un­ jority will crush the black unions before omy-has announced a policy in support ion-which has less than 1/20th of the they can get moving. The Government of bargaining with black labor organi­ black union's membership-has circum­ has appointed two commissions to re­ zations. Both Ford Motor Company and vented the bargaining machinery and view labor law and presumably to focus the Swedish multinational SKF have established a kind of de facto coordi­ on the dualistic system which relegates agreed to a modified form of "check off" nated bargaining between itself and the blacks to works or liaison committees with the black Auto and Rubber Work­ black union. But such examples are still and allows whites to have unions. But ers' Union-though not full-fledged col­ not the rule but rather the exception­ it is generally thought that reform will lective bargaining itself. South African and black unions at this point do not mean plant level committees for whites business organizations like the Johan­ possess a real collective bargaining rela­ as well as blacks and not union rights nesburg Urban Foundation established tionship with any employer, let alone for blacks. The Government is likely to in the wake of the Soweto riots, have the muscle necessary to sustain eco­ reject any stronger recommendation. recently developed codes on their own nomic pressure or strike against the boss. and called for collective bargaining with The reasons are manifold. black unions. And finally, Mr. Oppen­ Since the Government fears a dynamic oreover, to the extent that black heimer has facilitated the establishment black labor movement as a vehicle for unions are recognized by law, of an Institute of Industrial Relations change and as of now black labor is dif­ an attempt may be made by the which brings black and moderate white ficult to discredit on the ground that it Government to subordinate them to the union leaders together with manage­ is working for violent or revolutionary existing white trade union structure. If ment. upheaval, the Government does all that .integration of union structure takes place There are other encouraging signs. it can to informally discourage black -something which would be advertised Discussions are proceeding with a view trade union organization. The South to the West as the phasing out of segre­ toward establishing a South African African Security Branch has visited gation-some form of effective black un­ Black Federation-because of the un­ plants to interrogate management offi­ ion power and thus black majority rule acceptability of the Trade Union Coun­ cials about seminars held on plant prem­ would be properly required. The prac­ cil of South Africa or the South African ises in conjunction with black unions. tical reality is that South Africa's racial Confederation of Labor. The Government can bring pressure to history coupled with the current distrust Moreover, one of the main forces be­ bear through delay or refusal to provide of TUCSA means that black unions hind the idea of a federation, Freddy necessary business permits - and it is which have a voice at all levels of union­ Sauls of the colored Port Elizabeth­ generally thought that the failure of employer relationships are the best ve­ based National Union of Motor Assem­ British multinational Smith & Nephew hicle for the expression of majority rule bly Workers' Union, has facilitated co­ to renew its important and innovative in the unions. ordination between his union and the collective bargaining agreement with the There are yet other obstacles beyond black Auto and Rubber Workers' Union black Textile Workers' Union was at­ overt Government harassment. Unless in the eastern Cape. While the exodus tributable to discouragement from offi­ unions are able to organize workers at of colored workers from the auto indus­ cial sources. plant facilities) they must gain access to try makes contact with the blacks a pre­ Moreover, detentions as well as ban­ them at their homes in the black town­ requisite for the survival of Sauls' union nings instituted against black union lead­ ships. Unless the organizers are residents -and thus his efforts are anything but ers in 1974 and 1976 have had a chilling they must obtain permits to enter the selfless-this kind of cooperation may effect on labor organization. For one township-permits which are unlikely to nevertheless enhance the position of thing, those who are banned not only be forthcoming for trade unionists. And black unions. It also represents another cannot converse with more than one where the union organizers are white (a phenomenon which has not been wit­ person at a time or be quoted or named number of whites have worked with . nessed often in labor-management re­ in the press, but they are also required black unions) by definition, under the lations in South Africa-solidarity be- to give up their union work. It is alleged Group Areas Act, which requires that

21 each racial group must live in its own means that such blacks are employed on area, such organizers cannot lawfully a contract labor basis and are therefore enter the township without authoriza­ temporary sojourners. The worst kinds tion. (In Soweto, race rather than resi­ of criminal activity flourish in the single dency determines whether one must gain sex hostels which are the residences of permission to enter.) migratory labor. Equally troublesome for black unions In such circumstances, if a black is the requirement that an unregistered worker displeases an employer - or union under law cannot negotiate check worse yet strikes-he can be immedi­ off provisions which permit employees ately "endorsed out" of the white area to authorize the deduction of union dues and sent to the tribal "homeland" in from their paycheck. This means that rural South Africa. But there is no work union representatives must spend valu­ in the homelands. The power held by able time collecting this money on their management means that blacks will al­ own initiative and thus the inability to ways be uncertain and insecure-and provide a steady income flow to the thus reluctant to protest employment union treasury-and this in turn makes conditions in any manner. Until this sys­ it difficult to provide services which are tem is altered, black unions will con­ the sine qua non for gaining new mem­ tinue to have serious difficulties. bers. As previously noted, Ford and SKF Yet the demand for such institutions have accepted a modified check off will not go away easily-before or after which allows for a percentage of monies new detentions. The work force becomes deducted to be remitted to the black un­ more exclusively black with each pass­ ion, the remainder going to a benefit ing day. Black strikes continue, even insurance scheme. The Carter Adminis­ though they are generally unlawful, and tration should require American multi­ it is quite possible that labor is a field nationals to take this tentative first step in which the Government may give some toward full-blown collective bargaining. ground grudgingly, albeit not much, on Penultimately, although black work­ the theory that political rights and the ers not employed in essential services vote are not at stake, but rather the dic­ have had the legal right to strike since tates of economic reality-and that if 1973, the hard reality is that this is not black union leaders become interested a right which exists in practice. Before in politics they can always be locked up striking, blacks must wait for the ex­ in due course. piration of a 3D-day cooling-off period. The same frustrations and hopes that Since most black strikes are spontane­ are felt with regard to the total South ous and without any kind of formal African picture have relevance to the union authorization, this means that struggle by black labor in that country. most do not even meet the cooling-off With weapons and technology in the period requirement. But even after the hands of the ruling whites, blacks have cooling-off period, the Government can faith only in themselves and in their delay the strike indefinitely. When a numbers-a faith which is based in sub­ strike is unlawful, the workers are stantial part upon what they have seen quickly jailed and bail often denied. transpire in Angola and Mozambique. Even in the unlikely event that all of So long as whites have collective bar­ the problems set forth above were dealt gaining rights and blacks do not, the with adequately through reform, it is dualistic system will engender bitterness. doubtful whether black labor unions So long as so many black pay-packages will ever gain real strength until the mi­ remain below the South African poverty gratory labor system is altered. Under datum line, the same grievances which the laws which support it, no black produced the '73 Durban strikes will worker may be in "white" South Africa continue to fester. For the lesson of the more than 72 hours unless: (1) he was South African black protest is that de­ born there; (2) has lived there for 15 spite periodic silencing, the revolt against consecutive years or been employed by racial injustices can never be fully one employer for 10 consecutive years; quelled. With or without attendant vio­ (3) obtained special permission from lence-and the smart betting is that vio­ Government authorities. At least half of lence of some kind must take place be­ the existing black work force falls into fore South Africa will change-black category (3)-and this coupled with an unions provide a positive feature on an embargo on black women in white areas otherwise dreary horizon.

22 amuel Johnson said: "Knowledge fifteen-inch shelf to house all of the is of two kinds. We know a sub­ School's books. Since that time the Li­ ject ourselves, or we know where brary has been housed in several build­ we can find information upon it." For ings around the campus, and it was not most of the faculty and students of the until 1975, with the completion of Stanford Law School, and for many Crown Quadrangle, that the Library was alumni, knowing where to find the in­ provided a permanent home to accom­ formation means coming to the Stanford modate its current collection and allow Law Library. Currently ranked eigh­ for future growth. Today the Law Li­ teenth in size among the nation's law brary houses 250,000 volumes on four school libraries, the Stanford Law Li­ floors with additional space to accom­ brary has grown steadily to become one modate up to 450,000 volumes. of the country's foremost law libraries To those visiting the Library for the and research centers. first time, the initial impre~sion is usually The Stanford Law Library grew from one of surprise at the openness and the the humblest of beginnings when, in colorful decor. It is clearly a library de­ 1894, Nathan Abbott, the School's first signed for use, convenience, and com­ full-time professor and dean, built a fort. A particularly important feature is

23 the open stacks which encourage brows­ equally heavy and diverse. Older alumni What is the current status of H.R. ing and enable users to find materials will perhaps remember their days in law 2718? independently, making the Library a school when it was only necessary to What quotation includes, "It was a learning tool in itself. Some three hun­ read statutes, court decisions and occa­ triumph of hope over experience." dred and fifty carrels are located among sional law review articles, and the law In addition to knowing where to look the stacks for easy access to the mate­ library was primarily a study hall. T 0­ for the right answers, the staff must also rials and there is additional seating for day's law students are required to take be familiar with the various computer a total capacity of 550. a minimum of three writing courses be­ systems and other sophisticated equip­ By any measure the Stanford Law Li­ fore they can graduate. As a result, the ment used to retrieve information. One brary is one of the most attractive and Library has to provide materials to sup­ service the Library provides is the use of efficient libraries anywhere. This fact is port student research in such diverse computers for searching and compiling reflected in the consistently high daily courses as Environmental Issues, Family bibliographies. This service can fre­ attendance, which indicates constant and Law, International Law, Jurisprudence, quently supply the researcher with a heavy use. Iris Wildman, Public Services Mass Media Law, Professional Respon­ bibliography in a fraction of the time it Librarian, estimates that on an average sibility and Security Regulations. In ad­ would take to do a manual search. day 300 people, including students, fac­ dition, the Library is used extensively by Another research innovation at the ulty, alumni and other local attorneys, the student editors of the Stanford Law Stanford Law Library is LEXIS, a legal use the Library. What's more, as Ms. Review, the Stanford Journal of Interna­ information retrieval system based in Wildman points out, the Library's warm, tional Studies, and other student organi­ Dayton, Ohio. Available to Law School friendly atmosphere makes it quite easy zations. students and faculty free of charge, for students especially to spend several Another frequent user is the practic­ LEXIS contains eighteen data bases em­ hours a day there. "For many it's their ing attorney. Full Library privileges are bracing' federal laws and court reports, home away from home," she explains. extended to all members of the' Califor­ as well as that of several states, including For second-year student Doug Baird nia bar and their clerks, free of charge. California. the Library's versatility is its greatest at­ Though local lawyers have access to the In addition to these computer services, traction. "You can do virtually every­ publicly supported county libraries of the Library maintains an extensive mi­ thing here-study, research, type, meet San Mateo and Santa Clara, they rely crofilm and microfiche collection, which with other students, work on 'take­ on the Stanford Law Library for mate­ contains briefs and records of the U.S. home' exams, read the newspaper. The rials not available at the county law li­ Supreme Court, some journals and news­ Library is designed to allow all of these braries. These materials can include papers, as well as old laws and other activities to go on simultaneously with­ anything from a very recent law of the materials that would be difficult or im­ out interfering with each other. And that Florida legislature to an 1820 federal possible to obtain in the original. A means you can do all of your work here statute. reader printer is also available to trans­ and not have to take it home with you." In addition to serving the needs of the pose the materials on film to hard copy. Law School and the legal community, o Beyond the physical attractiveness of the Library must also provide informa­ Because Stanford is a research center the Library, tremendous resources have tion to faculty and students of the Uni­ as well as a law library, it must have gone into making it a learning and re­ versity at large. Many courses in political large collections to fully support the search center capable of satisfying a great science, history, anthropology, engineer­ myriad demands of its users. When one diversity of professional and academic ing and medicine involve some aspects considers that the average library of a research needs. The heaviest demands of the law and necessitate use of the Law large law firm usually has from 15,000 come, of course, from the faculty and Library. to 30,000 volumes and the library of an students of the Law School. a average size bar association varies be­ The research of the faculty is as indi­ Most research begins at the reference tween 50,000 and 100,000 volumes, it is vidual as the faculty members them­ desk where highly trained reference li­ perhaps easier to appreciate how much selves. Professor Friedman's work on the brarians are on hand to offer assistance more is required of a first-rate research history of American Law, Professor Kap­ in providing the needed information. library. lan's studies on marijuana, Professor This assistance can be anything from in­ At the present time Stanford with Barton's work on disarmament-these terpreting a misleading footnote or ex­ 250,000 volumes lags considerably be­ are just a few of the diverse areas of plaining the use of a loose-leaf service hind its sister law schools in terms of research the Library must support. To to preparing a legislative history. They their collections. Harvard has over provide materials from abortion to zon­ also spend a great deal of time answer­ 1,250,000 volumes; Yale and Colum~ia ing means having a collection that con~' ing questions that can range from the contain over 500,000 volumes; and tains not only current statutes and case mundane to the bizarre, for example: Michigan and Berkeley are at about the law of the federal government and fifty What is the average cost of a criminal 400,000 level. The main difference be­ states, but also similar materials from jury trial? tween these collections and Stanford's all other common law jurisdictions. A What is the date of the latest con­ is in the foreign law holdings. Stanford user of the Library must be able to locate stitution of Ecuador? concentrates its collections on conlmon current laws, as well as be able to trace Who are the members of the law law jurisdictions and certain areas of in­ the history and growth of legal doctrines. school faculty at the University of ternational law. While Stanford does Student demands on the Library are Hong Kong? have some foreign law, it is very selec-

24 tive and only certain important coun­ ready for use is between $10 and $15. veloping for which the Library must tries are represented. Consequently, every effort is made to acquire material. Among the most recent keep the cost of acquiring and catalog­ are Genetics and the Law, Nuclear En­ Each year the Library adds to its col­ ing materials to a minimum. ergy, and Satellite Communication. At lection approximately 9,000 volumes One tool that has been very effective the same time, new publications are con­ and subscribes to more than 4,000 pe­ in controlling costs is BALLOTS stantly being written on the more estab­ riodicals and serials. Law Librarian My­ (Bibliographic Automation of Large Li­ lished fields, such as Torts, Contracts, ron Jacobstein and Assistant Law Li­ brary Operations Using a Time-Sharing Antitrust, and Trade Regulation. brarian Rosalee Long are responsible System). Developed by the Main Library Coupled with the burgeoning of new for selecting materials for the Library. at Stanford, BALLOTS is a computer materials is the increasing cost of these Each day they examine a variety of network of libraries that participate in materials. Since 1970 the Stanford Law sources before making their selections. shared cataloging and resources. School has steadily increased expendi­ These sources include the publishing Through the BALLOTS terminal the Li­ tures while acquiring fewer volumes. A houses specializing in law books, such brary can immediately determine if the glance at some comoarative cost figures as West Publishing Company and Mat­ Library of Congress has cataloged a will explain this problem. From 1969 to thew Bender, as well as government doc­ particular volume. If it has, the Library 1976-77 the average price of a legal pe­ uments, research reports, pamphlets and utilizes that cataloging and saves the riodical increased from $8.70 to $17.36 % other materials. Suggestions are also re­ time and expense of doing its own. The or 99 • Typical loose-leaf service in­ ceived from the reference librarians, fac­ Stanford Law Library has been instru­ creased in that same time period from % ulty and students. mental in encouraging other law li­ $60 to $126 or 108 • Gifts and endowments are another im­ braries, including Boalt Hall, Los An­ To further illustrate, in 1972-73 there portant influence on acquisitions. Many geles County Law Library and UC Davis were 144 volumes published in the Na­ of the -Library's endowments and gifts to use BALLOTS. Stanford is hopeful tional Reporter System and it cost $2,071 are restricted to the acquisition of ma­ that one day all of the major law libraries to acquire them. In 1976-77 there were terials in specific subject areas. will participate in BALLOTS. 174 volumes published at a cost of Of the thousands of new titles that $3,287. The cost of the Code of Federal are published each year only a small The difficulties of maintaining both Regulations has increased from $100 in portion are selected. Some are omitted the quality and quantity of the Library's 1966 to $350 in 1976. And the Library because they are available elsewhere on collections increase each year. Two fac­ must subscribe to three copies of the set! campus or through interlibrary loan. tors are primarily to blame: (1) the in­ Selecting the books to be purchased creasing number of legal publications A library's excellence rests on four is, of course, just the first step in the required, and (2) the inflationary cost of factors: its staff, its collections, its bib­ acquisition process. It is estimated that such publications. liographic records and services, and the above the purchase price of the book the With regard to the first factor, new facilities available for their use. In terms cost of getting a book on the shelf and areas of legal study are continually de- of three of these factors, staff, facilities, The Library's highly qualified staff is one of its strongest attributes. Staff members pictured include (clockwise l to r) joan Howland, Assistant Reference Librarian, and Iris Wildman, j.D. '78, Public Services LIbrarian, shown with james Preston, first-year student; Eliska Ryznar, Head Catalog Librarian (standing), and Harriet Wu, Assistant Catalog Librarian, at the BALLOTS terminal; members of the Technical Services staff; j. Myron jacobstein, j.D., Law Librarian, and Rosalee Long, j.D., Assistant Librarian.

and records and services, the Stanford lections. At the present time 17% of the of law books. Using the Stanford Law Law Library ranks among the top of the Library's budget is funded from gifts Library can directly benefit a law firm nation's legal research centers. In terms and endowment. To realize its goal of by saving it the expense and time of ac­ of its collections, however, the Library 15,000 volumes per year, the Library will quiring needed materials. Some firms is considerably below its counterparts, have to find new sources of support. who have already recognized this bene­ Harvard, Yale, Michigan and Columbia. Endowed book funds are an especially fit have begun making yearly contribu­ To close the gap between Stanford important source of income for the Li­ tions to the Library for the purchase of and these other law libraries, the Library brary. Whether restricted to the acqui­ new acquisitions. Such contributions go estimates that it will have to accelerate sition of materials in particular subject a long way toward offsetting the expense its current acquisition rate of 9,000 vol­ areas of the donors' choosing or unre­ of building and maintaining the Library's umes per year to 15,000 per year, as well stricted for use as the Library sees fit, collections. as acquire a substantial number of retro­ endowed funds offer a steady source of For Myron Jacobstein, who has been spective materials. income, which the Library can rely on Law Librarian since 1963, the prospects Another closely related goal is to pro­ year after year. The development of for the future seem bright. "We are for­ vide more of the materials requested more endowed book funds is a top pri­ tunate in having the finest facilities and by lawyers using the Library. These in­ ority in the Library's campaign to in­ a highly trained staff to provide the best clude state digests, practice books, ency­ crease its yearly acquisition rate. possible service to users. Though our clopedias, certain loose-leaf services and One relatively new area of support is collections are somewhat smaller than other sets which are of primary interest the local law firms. Gradually many we would like them to be, I am confident to the practitioner rather than the re­ firms are coming to appreciate the eco­ that as more people discover the range searcher or student. nomic advantages of using the Stanford of resources and services available to As is the case with all privately funded Law Library. Any lawyer concerned with them, they will provide the kind of sup­ law libraries, Stanford is dependent upon the cost of maintaining a law firm li­ port Stanford needs to rank at the top of gifts and endowments to build its col- brary is fully aware of the rising price the nation's legal research centers."

26 n November 14 Ernest W. Mc­ Judge Craig then turned the program Farland '22, former u.s. Senator, over to Dean Charles J. Meyers, who Governor and Supreme Court praised Governor McFarland as "Stan­ Chief Justice of Arizona, was honored by ford Law School's most distinguished the Law School and the Law Review in alumnus in public service." He went on a brief ceremony held during a luncheon to note that the Governor's career "re­ meeting of the Maricopa County Bar flects the virtues of self-reliance, hard Association in Phoenix. work, education and the highest stand­ Judge Walter E. Craig '34, chief judge ards of personal conduct." of the U.S. District Court of Arizona, Robin Johansen '77, senior article ed­ presided over the ceremony. He spoke itor of Volume 29 of the Stanford Law of the many accomplishments that have Review, then presented Governor Mc­ made Governor McFarland Arizona's Farland with a bound copy of Volume most illustrious son. He noted that Gov­ 29, Number 5, which has been dedicated ernor McFarland is one of the few men to the Governor by the editors of the in the history of the nation to have Review. She noted that this is the first served in all three branches of the gov­ time an issue of the Review has been ernment, including twelve years as a u.S. dedicated to an alumnus. She explained Senator (and Senate Majority Leader that Governor McFarland was the unan­ during the 82nd Congress), two terms imous choice of the editors, not only be­ as Governor of Arizona, and six years cause of his exemplary career but also as Justice of the Arizona Supreme Court because of his avid interest in the work (including two years as Chief Justice). of the Law School in general and in Judge Craig underscored these achieve­ the students in particular. She added, ments with the observation that in spite "Through his interest and concern for of his extraordinary accomplishments the education and attitudes of young Governor Ernest W. McFarland has re­ lawyers, Governor McFarland has been tained true· humility and is, in Herbert and continues to be an example and a Hoover's words, "an uncommon man." friend to Stanford Law School students." of Davis, Graham & Stubbs, where the Stanford Law she is presently employed as a Review for Vol­ litigation associate. Ms. Love will ume 29. He also clerk for Justice Byron R. White served as a trus­ on the Supreme Court. tee of the Stan­ Mr. Liebman ford Bookstore graduated summa and a freshman cum laude from English and writ­ Yale University, ing instructor. At A graduate of the Class of 1976 where he re- the present time, and two graduates of the Class of ceived a B.A. in Mr. Spaeth is a law clerk to Judge 1977 have been named to United American History Myron Bright, U.S. Court of Ap­ States Supreme Court clerkships in 1974. That peals, Eighth Circuit, in Fargo, for the 1978 term. They are Re­ same year he was North Dakota. He, like Ms. Love, becca Love of Denver, Colorado; awarded the will clerk for Justice Byron R. James S. Liebman of Albuquerque, Charles Addison Porter Prize for White on the Supreme Court. New Mexico; and Nicholas J. the best essay in American His- These three appointments bring Spaeth of Bismarck, North Dakota. tory. In 1971, 1973 and 1974 he the total of Stanford law graduates Ms. Love re­ won Yale Extemporaneous Debate who have won Supreme Court ceived an A.B. Prizes. His other undergraduate clerkships to thirty-six. It will be with honors in activities included editorial page the fifth time in the history of the English from editor and member of the manag­ Stanford Law School that three Stanford in 1973. ing board of the Yale Daily News graduates will hold these highly The summer fol­ and a volunteer with Amigo de las competitive and prestigious posi­ lowing gradua­ Americas, a paramedical program tions simultaneously. tion she was a in Guatemala. At law school he White House in­ was president of the Stanford Law tern assigned to Review for Volume 29. He also the Domestic Relations Council. authored the Note, "Search and She entered law school in 1973. Seizure of the Press, A Statutory, During her fi rst year she was a re­ Fourth and First Amendment search assistant to then Dean Analysis" (28 Stanford L. Rev. 957). Thomas Ehrlich, and she competed In addition, he was a research as­ in the Kirkwood Moot Court Com­ sistant to Professors Gerald This spring, for the second year, petition, placing third. That summer Gunther and Richard Danzig, Stanford law students participated she clerked for the New York firm ed:tor-in-chief of the Stanford in the Client Counseling Competi­ of Winthrop, Stimson, Putnam and Law Journal and semi-finalist in tion sponso(ed by the ABA's Law and Roberts. The following year she the 1975 Moot Court Competition. Student Division. The competition went on to compete in the National Upon graduation he was named was started in 1969 by Louis M. Moot Court Competition and to the Nathan Abbott Scholar for Brown, a USC law professor con­ serve as co-president of the Moot ach~eving the highest grade point cerned about the disparity between Court Board and as a member of ave.rage in the class. Mr. Liebman what law schools teach and what the Executive Board of Serjeants at is currently clerking for JUdge Carl most lawyers actually do. Law Law. She was also a teaching assis­ McGowan, U.S. Court of Appeals, students, Brown felt, learn to re­ tant to Professor John Kaplan in his D.C. Circuit. His Supreme Court searcrT, write and argue in a undergraduate course in Criminal clerkship will be with Justice John courtroom, but they rarely learn Law and an assistant to James Paul Stevens. the skills attorneys need as poun­ Sienna, legal advisor to the Presi­ Mr. Spaeth received an A.B. selors and as planners who seek dent of Stanford University. During magna cum laude in English from to anticipate and avoid potential her third year of law school, she Stanford in 1972. During 1972-74 litigation. continued her work with James he was a Rhodes Scholar at New The Client Counseling Com­ Sienna prosecuting honor code College, Oxford University, where petition provides law students with violations and served as research he was awarded a B.A. with First a simulated law office experience. assistant to Professor John Henry Class Honors in politics, philos­ Teams of two student lawyers are Merryman. Following graduation ophy and economics. At law judged on a 3D-minute initial in­ in 1976 she joined the Denver firm school he was managing editor of terview with actor clients, followed

28 by a dictation of a memo to the Client Counseling Competition is ant Dean for Development in the file analyz.ing the clients' problem well established nationwide. This School of Humanities and and the legal work to be done. The year 121 schools held intra-school Sciences. clients have a detailed set of competitions to select teams for Ms. Angstman received a B.A. secret facts, whi Ie the student the regional competitions. The re­ with high honors teams receive only a brief note gional winners competed in the in international from their imaginary secretary as nationals held in New York in relations from the to what the clients want. April. The co-chairmen of Stan­ University of the For this year's competition, the ford's Client Counseling Society Pacific in 1971. students knew only that an un­ this year are Marcia Adams '78 After graduation married couple living together was and Jamie DiBoise '78. In addition she undertook a seeking legal advice. At Stanford, to the competition, they have or­ range of adminis- students entering the competition ganized panel discussions to trative responsi­ researched the substantive law, increase the student body's aware­ bilities as a para­ focusing on Marvin v. Marvin, and ness of the importance of coun­ legal with law firms in Los Angeles then practiced with each other seling skills for lawyers. and Dallas. learning how to draw out a shy While in law school she was a client, steer a talkative client back law clerk for Holme, Roberts & to the point, and respond to the Owen in Denver; White & Case in client's needs while maintaining New York; and Jarvis & Irvine in Palo Alto. She also served as a control of the interview. Dean Charles J. Meyers has member of the Board of Editors of announced the appointment of the Stanford Journal of Interna­ Dora Z. Hjertberg as the School's new Director of Admissions and tional Studies. Financial Aid. She succeeds As­ After receiving her J.D., Ms. sociate Dean William T. Keogh, Angstman became a postdoctoral fellow at Stanford, during which who has been appointed Adjunct Professor of Law for Teaching. time she was also a volunteer Mrs. Hjertberg has been with attorney for the Santa Clara the Law School Admissions Office County Public Defender. Until her ,. since 1970. During the past year appointment as Director of the Law she served as its Associate Fund, she was a practicing attor­ Local attorneys volunteered their Director. ney with the San Francisco law time to judge the intra-School firm of Cooper, White & Cooper. competition. They included three An accomplished pianist, Ms. Stanford alumni: Richard G. Mans­ Angsttnan has performed numer­ field '58, Jerald E. Rosenblum '60 ous piano recitals both at the and John E. Miller '64. The judg­ University of the Pacific, where ing guidelines reflected the compe­ she won a piano concerto com­ tition's emphasis on interviewing petition and performance award, and interpersonal skills, as well as and at Stanford. the ability to efficiently sift through facts. In particular, the judges evaluated the students' ability to elicit the "secret" facts, to focus the client's concerns into central issues, to observe the client's feelings, to discuss options without being too legalistic, and to bring up tactfully the subjects of fees and potential conflict of interest. Barbara L. Angstman, a 1975 The School has received a grant After deciding the winners, the graduate of the School, has been of $100,000 from the Andrew jUdges provided valuable feedback named the new Director of the Norman Foundation to support by discussing the performance of Law Fund. She replaces Janet innovative developments in legal each team. Crews, who left the Law School education. Although new at Stanford, the last September to become Assist- The grant, the first of its kind

29 established at the Law School, deadlines, the Review narrowed will help fund pilot programs in the gap, until with two minutes to vital areas of legal study. go, the score stood at 48-44. In an In announc~ng the grant Dean effort to run out the clock, the Meyers called it "singularly im­ Profs called for a volunteer to state portant." He thanked George the facts of the game. No one Olincy, president of the Founda­ raised his hand. tion, for the Foundation's generos­ As the final whistle blew, As­ ity, and for the vision to support sistant Managing Editor Jim Car­ experiments designed to advance .\~, penter '78 lofted in a 15-foot legal education. "There is a whole first annual basketball match held jumper to tie the score at 48-all. In range of activity at the School that on February 15. In a game riddled a Solomon-like decision, the ref will benefit immeasurably from with substantive and procedural decided to split the baby with the this grant," he added. questions, the Profs demonstrated bathwater, and refused to put the "Clinical instruction, special re­ once again that their equitable game into overtime. search projects and preparation of arguments could at least counter The referee, a last-minute sub­ new teaching materials are among the Review's zealous efficiency stitute for Charles Reich '78, the areas that have been ham­ criteria. called both personal fouls and pered by lack of funds. With this While only five stalwarts turned errors in proper citation form grant some of our most cherished out for the Profs, the Review ran throughout the game. aspirations can be realized and two squads throughout, thereby During post-game analysis, our hopes turned into reality. We spreading the risk of loss. The Carpenter was selected Most are deeply grateful to the Andrew early game thus saw the Review's Valuable Player by his peers, and Norman Foundation for this numerical strength pitted against Kelman took top honors for the uniquely significant expression of the Profs' crafty yet frenzied Profs. Players and spectators support for the work of the Stan­ cunning. agreed that the holding of the ford Law Schoo!." In response to an appeal for game was unclear, but hoped that The grant is the second gift to distributive justice, Review coach it would have significant preceden­ Stanford from the Norman Foun­ Jonathan Paris '78 gave away tial value. dation. The previous gift sup­ 6-foot-7 Marc McConnell '79 to ported an ongoing program the Profs after only 10 minutes of designed for undergraduate stu­ play. The game was tied at 22-all, J. Friedenthal dents who do not intend to prac­ at the half, prompting several Re­ *S. Friedman 22 tice law. Six courses have been viewers to argue that the McCon­ T. Grey 2 developed in this program, encom­ nell deal was void for lack of C. Halpern passing such subjects as the Bill consideration on the contract. The *P. Halpern of Rights, Courts and Legal Proc­ faculty interposed a defense of M. Kelman 18 ess, and Criminal Law and the laches, and referee Rob Weisberg *M. McConnell '79 4 Criminal System. '79 upheld the deal on an estoppel T. Peebles The Andrew Norman Foundation theory. R. Rabin 2 was established in 1958 to pro­ After the half, the Profs at­ 48 mote the general welfare of the tempted a procedural innovation *Friends of Faculty people of California through the by playing only four men. This distribution of grants to educa­ proved to be a double-edged coin, L tional institutions, hospitals, and and by returning to a traditional J. Bauman '78 community and welfare institu­ format the Profs managed to pull J. Bogdanski '78 tions throughout the state. steadily ahead. J. Carpenter '78 22 With only eight minutes left to J. DiBoise '78 2 play, the Profs led 42-32, largely R. Lipstein '78 2 due to the combined efforts of J. Maletta '79 rookie Mark Kelman and a mys­ J. Paris '78 8 terious ringer said to have been J. Salmanowitz '78 discovered working in a backpack J. Schwartz '79 4 by Josh Kadish '79 shop in Palo Alto. M. Wisdom '79 The Stanford Law Faculty played Showing the grim determination F. Woocher '78 10 the Law Review to a tie in their that has gotten them past many 48

30 graduate of the University of fornia Social Science Task Force Chicago Law School, have been and Council on Energy and Re­ appointed to the faculty, effective sources. He is also a consultant to JUly 1. the Environmental Quality Labora­ Professor Krier, who visited at tory of the California Institute of the Law School during the 1975 Technology. Professor Krier is a autumn term, received a B.S. with member of the Wisconsin bar. honors in Economics from the University of Wisconsin in 1961. After two years in the United States Army, he entered the University of Wisconsin Law School, where he was articles editor of the Wiscon­ sin Law Review. He received his J.D. in 1966, graduating first in the class. Following graduation he served Former United States Attorney as a law clerk to Chief Justice Carol M. Rose will join the General Edward H. Levi is in resi­ Roger J. Traynor of the California faculty as an assistant professor dence at the School during the Supreme Court. In 1967 he be­ of law. Ms. Rose received a B.A. spring semester as the Herman came an associate with the (1962) from Antioch College, Phleger Visiting Professor of Law. Washington, D.C. firm of Arnold where she graduated first in the As the Phleger Professor, Mr. and Porter. Two years later he class, an M.A. (1963) from the Levi is teaching a course in Prob­ joined the law faculty at UCL~ as University of Chicago, a Ph.D. lems in the Administration of Fed­ an assistant professor, becoming a (1969) from Cornell, an~ a J.D.. eral Justice, which includes such full professor in 1972. In addition (1977) from the University of Chi­ topics as grand jury problems, to the semester he spent visiting cago Law School. electronic surveillance, double at Stanford, Professor Krier was a Since graduation from Law jeopardy, disclosure, the one­ Visiting Fellow at Wolfson College, School she has been a law clerk house veto and the special posi­ Oxford University, from February to the Honorable Thomas Gee, tion of newspapers and reporters. through April 1976. U.S. Court of Appeals for the Fifth On April 27 Mr. Levi gave the Professor Krier's teaching and Circuit, in Austin, Texas. Herman Phleger Lecture in Kresge research interests have focused She is the author of Citizen Auditorium. The subject of this on property, environmental law, Participation in Revenue Sharing: pUblic lecture was "The Use of Dis­ and law and economics. In addi­ A Report from the South and co­ cretion in the Legal System." tion to articles in these fields, he author of A Time for Accounting: Mr. Levi, who was successively has authored casebooks on envi­ The Housing and Community De­ Professor of Law, Dean of the Law ronmental law and property. He is velopment Act in the South, both School, Provost, and President of also co-author of the recently pub­ pUblished by the Southern Re­ the University of Chicago before lished Pollution & Policy (Univer­ gional Council. Her book, ~0m.~ Gerald Ford appointed him to the sity of California Press, 1977), an Emerging Issues in Legal L,ab,IJty Justice Department in 1975, is the examination in historical perspec­ of Child Welfare Agencies, has third distinguished legal figure to tive of the legal, institutional, just been pUblished by the Child hold the Phleger Professorship. technological, and environmental Welfare League of America. Previous recipients include U.S. factors involved in California's Ms. Rose will teach civil pro­ District JUdge Charles E. Wyzanski, response to motor vehicle air cedure and property. Jr. and Simon H. Rifkind, partner pollution. in the New York firm of Paul, His memberships have included Weiss, Rifkind, Wharton & the National Academy of Sciences Garrison. Pesticides Panel and the Acad­ emy's Committee on Energy and the Environment, the California The Sons of Italy in America Attorney General's Task Force on Foundation has made a gift of Environmental Law, the advisory $4500 to the School to support James E. Krier of UCLA Law board of the Environmental Law Italian legal studies at Stanford. School and Carol M. Rose, a 1977 Reporter, the University of Cali- The gift wi II be used to pu rchase

31 new titles in the Italian compara­ panel of distinguished jurists sit­ tive law collection and to provide ting as the Supreme Court of the funds for research currently being United States. The panel included carried on by Professor John J. Skelly Wright, U.S. Court of Henry Merryman. Stanford has the Appeals, D.C. Circuit; Ben. C. only significant Italian legal studies Duniway '31 , U.S. Court of Appeals, program in the English-speaking Ninth Circuit; and Hans Linde, world. The program has already Oregon Supreme Court. produced a series of books and The case, which is based on an articles. actual case now before the Su­ preme Court, involved the after­ Prof. John Kaplan noon broadcasting of a record containing "seven dirty words." Meyers explored the various legal The question before the Court was issues involved. Students soon ad­ whether a radio station should be justed to the Socratic method and allowed to broadcast indecent lan­ there were often many volunteers guage during hours when children for each answer. are likely to hear it. Other classes included Family The student finalists, chosen Law with Professor Michael Wald, from among fifty participants, in­ Torts with Professor Robert Rabin, cluded Mary Alice McKeen '78, Professor Howard Williams on who receved both Best Advocate Pictured above from left to right Trusts and Estates, Contracts with and Best Written Brief awards, Assistant Professor David Engel are Dean Charles J. Meyers, Peter David Fairweather '78, who was and Criminal Law with Professor J. DeSantis and Joseph Simile of named runner-up, Paul Fryd '79, John Kaplan. The classes were the Foundation, and Professor and Mark Medearis '79. conducted as they would be for Merryman. Judge Wright summed up the fi rst-year law students. Assign­ competition as a "superb perform­ ments were distributed a week ance" and "a testament to the legal ahead of class; they included education available at Stanford." cases, statutes and excerpts from articles. Response to the program was very enthusiastic. A survey taken after the last class showed that the majority of participants felt the This fall the School held its fi rst program should be repeated next "Stanford Spouses and Good fall. Friends Law School." Six classes were held over a period of six weeks to give law students' spouses, roommates and friends an idea of what Stanford Law School is really like. The program was sponsored by the Stanford Chapter of the American Bar As­ While a visiting professor of law sociation and was organized by at the European Institute in Flor­ Ray Engle '78 and Robert Pugh '79. ence last fall, Professor Wi·IIIi~lrn The professors who participated finished his casebook on conducted the classes to simulate On April 7 four student finalists comparative constitutional law their actual classes. The first class, argued the case of Federal Com­ with co-author Professor Mauro Property, was taught by Dean munications Commission v. At­ Cappelletti. The book will be pUb­ Charles J. Meyers. He used a land­ lantica Foundation at the 26th lished by Michie-Bobbs-Merrill lord tenant case to demonstrate Annual Marion Rice Kirkwood Moot this coming fall. In February Pro­ important principles in the law of Court Competition held in Kresge fessor Cohen attended a meeting property. After asking a student to Auditorium at the Law School. in Anchorage, Alaska, where he recite the facts of the case, Dean The case was argued before a talked. to the Alaska Bodily Injury

L....-__~ .--I 32 Claims Committee about general changes were that in purely quan­ availability of federal money for issues regarding reform of tort titative terms state supreme court clinical legal education. The con­ laws. In April he participated in a caseloads have declined from an ference was sponsored by the panel discussion on "Tort Reform early 20th century peak and there Association of American Law in the 21 st Century," sponsored has been a shift toward non­ Schools. He was recently a by the Western Conference of the commercial cases-from a con­ speaker at "The Privacy Confer­ Association of American Law centration on debt collection and ence," a national conference on Schools in San Diego. property cases to an emphasis on privacy law held at Pacific Luth­ Frederick I. tort, criminal, public law and fam­ eran University in Tacoma, Richman Professor of Law, re­ ily law matters. Washington. cently published The First Amend­ Professor Willli~lm is Sweit­ ment and the Fourth Estate currently a Visiting Scholar at the zer Professor of Law, gave the (Foundation Press), a textbook de­ University of Tokyo Faculty of Law, Tucker Lecture at Louisiana State signed for use at the undergrad­ where he is studying Japanese University Law Center in Novem­ uate level. The product of several labor law and labor policy as a ber. The title of his lecture was years research by Professor Guggenheim Fellow, a Japan So­ "The Civil Law as an Object of Franklin and his wife, the book is ciety for the Promotion of Science Scholarship." In January he spoke currently used at more than fifty­ Fellow and a Rockefeller Founda­ on "Legal Education: A Compara­ five colleges and universities. tion Social Science Research tive View" at the University of Professor Fellow. He is also at work on a Gothenberg, Sweden, and on "Law has been engaged as Special law review article and a book and Development" at the Uni­ Master in a major antitrust case in dealing with South African black versity of Stockholm. the Federal District Court, North­ labor. Richard E. ern District of California. He is William Nel­ Lang Professor and Dean, has awaiting publication of an article son Cromwell Professor of Law, recently completed an article for which was part of a symposium spent the fall semester on leave to publication in Wyoming Land and on jurisdictional changes brought research and write his biography Water Review on Cappaent v. U.S., about by the Supreme Court case of of JUdge Learned Hand. In January which deals with the federal gov­ Shaffer v. Heitner. The article will he was a commentator at a semi­ ernment's reserved rights in appear in the Washington Univer­ nar held at the University of Miami ground water. He addressed the sity Law Journal. Professor Fried­ Law School on "Some Economic Monterey County Bar Association enthal is currently serving on a Implications of the State Action in April about the Governor's committee established by the Ninth Concept in Constitutional Law." Commission To Study Water Rights Ci rcuit to study revision of federal The seminar was sponsored by Law, of which he is Vice Chair­ discovery provisions. the Center for Law and Economics­ man. The Committee has just con­ f'n~e(unaln~ Jack­ Liberty Fund, Inc. Professor cluded its first round of hearings son Eli Reynolds Professor of Law, Gunther's seminar paper will be and is now preparing its report to along with three other legal schol­ published in a book on the pro­ the Governor and the legislature. ars, recently completed a major ceedings. In March he was the The second edition of Meyers study of "The Business of State featured speaker at the Annual and Tarlock's Water Resource Supreme Courts: 1870 to 1970," 30 Supreme Court Day held at Drake Management is now in preparation Stanford, L. Rev. 121 (November, University School of Law in Des and is expected to be pUblished 1977). With financial support from Moines, Iowa. in the fall. the National Science Foundation, Assistant Professor Professor they studied a random sample of Ja4::ks.on recently co-authored currently working on a book, 5,904 cases drawn from a sample with Ellen A. Peters, Southmayd Perspectives on the Administra­ of sixteen state supreme courts, Professor of Law at Yale, an article tive Process, that wi II be published including California. The study entitled "Quest for Uncertainty: A by Little, Brown next winter. In showed that over the past century Proposal for Flexible Resolution of March he was on an Administrative state supreme court judges have Inherent Conflicts Between Article Law panel entitled, "Institutional become less concerned with the 2 and Article 9 of the Uniform Due Process in the 21 st Century: protection of property rights, more Commercial Code," which ap­ The Future of the Hearing Require­ concerned with the individual and peared in the Yale Law Journal. ment." The panel was sponsored the downtrodden, and more willing In March Associate Professor by the Western Conference of the to consider rulings that promote Mar~(]ln attended a Association of American Law social change. Two significant conference in Nashville on the Schools.

33 Those who have retired do not make reminiscences of our Stanford days and any claim to setting the world on fire World War II military experiences. With during their retirements. The fields of his death on October 6th last, Fresno justice have been plowed and it is time lost one of its most respected attorneys for other and younger lawyers to de­ and civic leaders. velop better methods of providing bet­ In recent years while continuing to ter results. Most of the retired class be of counsel in the firm of Rowell, members speak of .their interests as be­ Lamberson, Thompson and Heber, he ing one or more of the following: devoted himself to civic concerns. For travel, cruising the high seas, sailing, 15 years, he was a Trustee of the Pacific fishing and hunting, golf, gardening, School of Religion, and active in the 1921 cards, music, serving on boards of di­ American Camellia Society, the Califor­ rectors of former corporate clients, en­ nia Taxpayers' Association, and numer­ J. Tracy Barton joying. the grandchildren and great ous local committees. But at the time of 1020 E. 8th Street grandchildren, and staying well. our visit, he was still concentrating on The Dalles, Oregon 97058 On the basis of your correspondent's securing and maintaining adequate hos­ survey of the surviving members of the pital facilities for the community. He Stanford Law Class of 1923, his un­ was a trustee of the Fresno Community solicited advice to them is: "Drink up. Hospital, a member of the Mayor's Be merry. The time is NOW. It is later Medical Task Force in Fresno, the San 1922 than you think." In giving this advice, Joaquin Valley Health Consortium, and your correspondent disregards the wis­ chairman of the University Health Sci­ J. E. Simpson dom of a famous trial lawyer in Los ence Center Task Force Committee. Suite 806 Wilshire-Flower Bldg. Angeles, Joe Ford, the father of Justice During World War II, he was the 615 South Flower Street John J. Ford, distinguished Presiding civil affairs officer in Llano and Occi­ Los Angeles 90017 Justice of Division Three of the District dental Misamas provinces, but while Court of Appeal, Second District. Joe for these services he was awarded the Ford is reported to have said, "The re­ Bronze Star Medal and the Philippine ward of the lawyer that giveth free ad­ Merit Medal, his Legion of Merit award 1923 VIce is a kick in the pants." Only he followed his work as a member of the said it plainer. Further deponent saith Steering Committee of the Government Homer I. Mitchell not. section of General MacArthur's staff, 611 West Sixth Street preparing the proposed constitution for Los Angeles 90017 Japan, and in the negotiations with the After fifty-five years, there remain Japanese leading to its revision and only ten graduates of the Stanford Law 1924 adoption. School Class of 1923 who are still At the 50th reunion of the class, breathing in and breathing out: Lloyd Claude R. Minard was his usual cheery Elizabeth J. Morrison Howard, San Francisco; Julius Mack­ self, accompanied by his wife (Florence Morrison & Morrison son, Palm Springs; Joe Mandl, Carmel; -Dolly Paulson), despite the fact that 3600 M Street Laurence Martin,. Modesto; Emery he had lost his sight. On the heels of Eureka 95501 Mitchell, Eureka; Al Muller, San Luis their fiftieth wedding anniversary, cele­ Obispo; Judge Homer Patterson, El brated on August 14th last, eye opera­ Cerrito; Matt Simpson, Long Beach; Vic tions were successful, and he reports he Smith, Oakland; and your correspond­ can read again. From 1945 until retire­ ent, Homer I. Mitchell, Los Angeles and 1925 ment in 1966, he was general counsel San Marino. One other, Jim Bucklin, for the California Railroad Association, Jr., formerly of Alameda, who perhaps Bert W. Levit thereafter serving on the California should be added to this list, your cor­ Long & Levit Unemployment Compensation Appeals respondent has been unable to locate. 465 California St. Board. Commencing private practice in All of this appears to indicate that the San Francisco 94104 Fresno, he later served three years as a lawyers in the smaller cities last longer deputy district attorney, served in the than those in the big urban areas. State Assembly 1934-35, thereafter be­ Of the ten known to be alive, only 1926 coming Secretary of the State Bar of two admit to being still engaged in the California from 1935-41. He then com­ active practice of law: Laurence Martin Leon Thomas David menced his legislative representation of and Vic Smith. And Vic is threatening P.O. Box 656 the California railroads. When taken to retire almost immediately. However, Danville 94526 under government control, Claude left several others admit to what might be Only a short time ago, we spent a the railroads for service in Military called occasional or casual instances of most pleasant afternoon with Milo E. Government. Tabbed as a "railroad practicing law for former clients. Rowell in his Fresno office, full of man," somewhat to his consternation,

34 he was placed in charge of running the of the 50th class reunion, and for the time Plaza, San Francisco. He and his railroads in Sicily! But he performed; Half Century Club and 1977 Reunion wife (Marcella Bricca) live at 469 Edge­ and Major Minard was placed on duty last year. In default of further infor­ wood Road, San Mateo. Sons Martin in HQ SHAEF and later, in the Civil Af­ mation asked from them currently, we and Malcolm are both physicians. Mal­ fairs Division of the War Department have culled some items from those con­ colm and wife have 10 children. Special Staff in the Pentagon, until his tacts, and pass them on here. William E. Wright after long practice return to civilian life in 1945. One must mention Frank Lee Crist, of corporation law in San Francisco, his He and Dolly have toured Europe, Sr. whose law firm of Crist, Crist, Grif­ wife deceased, continues to "watch the and from their Palo Alto home keep fiths, Bryant and Schulz is perhaps the gardener garden" at his home at 947 busy with family affairs and with their best known on the Peninsula, as well Jackling Drive, Hillsborough, whil.e his children and ten grandchildren at pres­ as in Palo Alto. With two sons in the son Edward S. Wright (LLB '66) is in ent count. firm, Frank Jr. (LLB '58) and Roger E. practice in San Francisco. In its first quarter century, few wom­ (LLB '65) he can go hunting and fishing Bruce Wallace and Percy C. Hecken­ en were graduated from Stanford Law whenever he wants. Daughter Jeanese dorf are among those who have died. School. Carolyn Fromberg Loeb Boas­ (Rowell) is an interior decorator, out­ Herbert (Herb) Silvius of 1225 43rd berg, after her Masters at Mills, was doing her brothers in giving Frank Sr. Avenue, Sacramento, was among the one of our 1926 class, and unlike many and his artist wife Eugenia seven grand­ guests at Frank Crist's 50th reunion sister lawyers of the period, entered the children, while they have five and three party. After securing his AB '26, he active practice of the law with her hus­ respectively, at last report. married Josephine Winslow McSwain band in Buffalo, N.Y., where Boasberg Frank Sr. served two terms in the (AB '28), and their two children were & Boasberg is located. Two sons are State Assembly; as a deputy city attorney graduated from Stanford, Jan S. Hewitt engaged in law practice (Albert Boas­ in Palo Alto; on the Palo Alto Recrea­ '59, and Marilyn S. van Loben Sells '66. berg being located in San Francisco), tion Commission for 20 years, four of Herb recently retired as California and a daughter is an authoress. Carolyn which he served as chairman; on the Ju­ State Printer (in 1975), "after serving in reported that she was President of the venile Justice Commission for 20 years; that capacity for nearly nine years, the Counsellors, a women's attorney group on the Farm Debt Adjustment Commis­ third longest term in that position in the in Buffalo, and chairman of the Erie sion, four years; 33 years as a member of history of the State Printing office. Since County, N.Y. family law committee. the Board of Trustees of Castileja; 30 that time, I have become a member of a Arthur G. Butzbach writes from his years a member of the board of direc­ chapter of the Sons In Retirement, and home at 250 Longview Lane, San Luis tors of the Children's Hospital at Stan­ have been assigned the editing and pub­ Obispo: "After completing Stanford ford; and as a member of the Board of lishing of the monthly publication. Fur­ law pre-legal, I shifted gears and en­ Visitors, Stanford Law School. ther, I have been editing and publishing tered the Stanford Education depart­ He regards how he came to go to the monthly newsletter for Rotary DOis­ ment, where in 1928 I completed work Stanford as extraordinary and as lucky trict 519. for a secondary school teaching creden­ as meeting Eugenia at a church party "Currently I am serving on the board tial, a school administration credential where he was demonstrating his sales of directors of the S.P.C.A. as well as and a master's degree in Education. In ability a.s an aluminumware salesman. on the board of dire~tors of the Rotary 1946, I returned to Stanford and com­ "Took freshman year at Kansas State, Club of Sacramento ... In addition to pleted an Ed.D. degree, and then taught enlisted in World War I (he was the above, each of our daughters has for twenty-three years in universities: wounded in action), transferred credits two grandchildren ... I need not men­ Drake, Sacramento, and California to Cal after war, went to a dinner tion that boredom is unknown under the Polytechnic State University at San Luis party in San Francisco, met Stanford circumstances." Obispo, retiring from the latter in 1970 football coach who said, 'Why the h--­ Herb is a past director of the Board as Professor of Education and Asso­ don't you go to a good university?' I of Athletic Control, and past president of ciate Dean of Graduate Studies ... Our said, 'Where?' He said, 'Stanford.' I the Sacramento Stanford Club. Previ­ oldest son is an architect in Los An­ said, 'Never heard of it.' (Who did in ously, he has rated as his principal ac­ geles, and our other two are teachers. the midwest of 1917?). He said, 'Won't complishment that since 1928, in nego­ We have two grandchildren." His wife hurt you to look at it.' I said, 'Will.' tiating union contracts of the Employ­ (Ora Carlson) with a master's degree Did. Went to Stanford." ing Printers of Sacramento, "there has from Cal Poly also taught most of the Frank was the gracious host with been no strike or serious interruption years from 1944 until both retired in Eugenia for a party for the 1926 Class in the printing industry in Sacramento." 1970. after the 1975 reunion, held at their Judge Anthony Brazil, who served on "We have done some traveling by home, 865 Hamilton Avenue, Palo Alto. the Monterey County Superior Court, conventional means, and in addition Merl McHenry, having turned to latterly as its Presiding Judge, and who same trailering ...I am happy to be business rather than the practice of law, after retirement in 1972 still served un­ relaxed and almost completely disen­ wrote, "I do not practice; never have. der a number of assignments by the gaged, except for a hobby of bird ...I make money. I shoot ducks. I Judicial Council, writes: study." travel. I take lessons in conversational "Sorry we were unable to be present Some of our classmates responded to French. I couldn't care less about the at the last reunion. Two years or so the call for information to pass on to law." Merl is an account executive, in­ ago, we were present at Stanford's re­ their classmates and others at the time vestments, Dean Witter & Co., 4 Mari- union for those who had reached 50

35 years since final graduation-Anthony time before; and he is on several boards, "After I retired we bought a home in Brazil, who has satisfactorily pursued two of which take him to London quar­ Santa Barbara where gardening became the Studies and passed the Examina­ terly (and I often go, too), and one in a busy hobby, including the care of a tions required therefor, the Degree of Bermuda, where we go quarterly also." small orchard consisting mostly of cit­ Juris Doctor, signed by that wonderful She keeps up her interest in things rus trees. We are now enjoying a more law school professor-Me R. Kirk­ legal, and looks forward to the Ameri­ leisurely life in San Francisco." wood. can Bar Association meeting in New The Wells reside at 405 Davis Court, "Doesn't seem so long ago-more York this year as an opportunity to #906, San Francisco, CA 94111/(415) than 50 years-but time has required meet old friends. She transmitted a clip­ 982-5867. my retirelnent about six years ago. ping telling how Miami lawyers or­ Except for an assignment to the Con­ Spent many days thereafter in California ganized a walk-around fair, where tra Costa County Superior Court, to Courts-more than 20 Superior Courts those attending could step up to a consider whether a convicted drug and two to three Municipal Courts.. 'l've booth and ask those questions which pusher could beat the rap because al­ stopped all that on July 1, 1977, except they had in mind, but never had gotten legedly the Grand Jury which had in­ for one long-lasting case, tried twice in around to consulting a lawyer about. dicted him was not composed of as Stockton. I think it's over for good; I "Counting decades, our twin daugh­ many women as men, your class corre­ hope so. ters, Vicky and Polly, planned a dinner spondent has spent the year, full-time, in "A year or so after retirement, I dance for fifty to celebrate our fortieth research and writing the Chronicles of thought I'd try the practice of law here wedding anniversary.... Victor wore the State Bar of California, 1927-1977, in Salinas with a very good law firm, the same white tie and tails and I wore assisted by the committee of the State but it didn't last long, only five months. my wedding dress. Great fun for every­ Bar on History of the Law in Califor­ "Being a lawyer is not at all like be­ one." nia, of which he is chairperson. Mem­ ing a judge, even if you have a wonder­ Looking about us, this must rate as a bers of the Committee include Gilford ful group of lawyers to work with. Far signal achievement. Rowland, past president of the State Bar, too much worrying being a trial law­ The Herds have lived for many years Claude Minard, for seven years Secretary yer, far too much worry who is suc­ at 1 Montague Terrace, Brooklyn, N.Y. of the State Bar, and Kenneth M. John­ cessful in the trial. 11201. son, JD '28, retired vice president and "In more than 20 years as a judge, I Loton Wells writes: "Since finishing counsel of the Bank of America, who did the best I could, but I did not worry law school I have been engaged in law wrote the history of the San Francisco at all if the appellate courts reversed practice both in Los Angeles and San Bar, Bar Association of San Francisco: any decision of mine. I did the best I Francisco until retirement in 1971. I The First Hundred Years-1872-1972. could, decoded cases as best and as have served as Deputy County Counsel Two significant events of the past soon as I could, and then went on to of Los Angeles County and also as a year were the celebration of the Davids' try another case. State Attorney. For many years, I was fiftieth wedding anniversary, at a lunch­ "I'm quite sure I could not go back engaged in private practice and, at one eon and reception with some 100 guests, as a judge, for things have changed so time, was associated with the law firm hosted by their daughter, Carolyn David much. Am grateful for what has been of McCutcheon, Doyle, Brown and En­ Holmes, ex-'47, and Leon Colby 'David, my very good fortune to have been a erson in San Francisco. their son; and a gathering in which hon­ judge." "During World War II, I applied for ors were tendered Judge David for his Many experienced judges have echoed military service but was prevented ac­ fifty years of membership in Kiwanis Tony's conclusions: Do your own job; ceptance by a serious hearing handicap International, during which he was don't worry what the fellows upstairs which developed shortly after graduat­ president of the Palo Alto and Los An­ will do, in too many instances these ing from law school. However, I did geles Kiwanis Clubs, chairman and a days, there is no crystal ball which can serve as an attorney for the federal gov­ lieutenant governor of the California­ tell you all anyway. ernment in Washington, D.C. during Hawaii District, and a member of the Tony has had a statewide reputation the war. International Affairs Committee of Ki­ as an excellent judge. His brother, Ab­ "My family consists of my dear wife wanis International itself. raham Brazil, JD '24 served as District Ruth, who is a graduate of Indiana One of those attending the Golden Attorney of San Luis Obispo County. University. Wedding celebration was Muriel Glenn Writing from the Keewaydin Club in "As to hobbies, I enjoyed playing of San Diego, wife of the late Eugene Naples, Florida, Pauline May Hoffman mediocre tennis for many years. At one "Peg" Glenn, LLB '24, long a national Herd writes of her enjoyment, escaping time, I was a wireless and radio ham, leader at the Bar, particularly the state from the toils of the Brooklyn, N.Y. and held a commercial wireless opera­ and national boards and committees of winter, while her husband J. Victor is tor's license. While at Stanford, I took Bar Examiners. out by the pool, "while I, the helio­ some time off to sail to the Bering Sea phobe, seek the shade and a chance for on a three-masted schooner, where I correspondence. Victor and I are here operated a wireless station. for a fortnight before going on to Miami "My wife and I have made several 1927 for his board meetings. He is retired trips to Europe, and I have been also over five years now, but doing inter­ to the Middle East, including Egypt Chesley M. Douglas esting things for which he didn't have and Turkey. Douglas, Zingheim & Vernon

36 480 N. First Street ever may be required for former clients San Jose 95112 of mine. 1932 "I had for some years been a trustee J. Robert Arkush of Occidental College. In 1977 I reached 1930 Suite 430 70 and therefore became an honorary 4201 Wilshire Blvd. life trustee. William A. Evans, 1907-1978 Los Angeles 90010 "We are in the process of selling the On January 31 William A. Evans Shirley Ward writes: "There have been house in South Pasadena where we have died at St. Joseph's Hospital in Phoe­ some changes this past year in my life lived since 1948. From now on we will nix, Arizona, ending a twelve-year battle which at least for me have significance. be living in Palm Desert and hopefully with multiple sclerosis. Accordingly, I thought they might be of improving what is currently a very me­ An expert in mining and water law, interest to you. diocre golf game." Mr. Evans spearheaded the development "Except for the war years I have been of water sources for the Phelps Dodge associated with the same law firm or Corporation's mining and metallurgical its successors since graduation. For the operation in Arizona and New Mexico. past 20 years the firm's name has been 1933 The company named a dam -and lake in Walker, Wright, Tyler & Ward. In the western New Mexico in his honor. recent past I have been the firm's senior George E. Bodle Mr. Evans received an A.B. in 1927 partner. As of January 1978, I became Bodle, Fogel, Julber, Reinhardt from Stanford and an LL.B. in 1930 'Of Counsel.' Fortunately, my former & Rothschild, 5900 Wilshire Blvd. from the Law School. A year later he partners are well able to carryon what- Los Angeles 90036 became an associate of the Bisbee, Ari­ zona, firm of Ellinwood and Ross. In 1935 the firm moved to Phoenix and subsequently changed its name to Evans, Kitchel & Jenckes. In 1971 he published, Two Genera­ tions in the Southwest~ a chronicle of the development of the copper industry in the Southwest and the instrumental role the Evans family played in this de­ velopment. The book was reviewed in the Summer 1974 Stanford Lawyer by his friend and classmate, the late Judge Stanley Lawson. Though crippled with multiple scler­ osis, he continued to practice law and was taken to his office each day in a wheelchair. Ben Avery, a reporter for the Arizona Republic~ wrote of Bill Evans: He will be sorely missed by the legal profession and the State of Arizona which he served so well. But his loss will b.e greatest to the wide circle of friends because just a brief visit with him was an inspiration and a chal­ lenge to courage. Mr. Evans is survived by his wife Margurete, one daughter, two sons, a Dean Meyers Wichman & Case, on October 27. sister, and four grandchildren. Among the Stanford lawyers and VisitsStanford spouses in attendance are those pictured above: (from left to Lawyers in right) Edith Carlsmith, Margaret 1931 Kidwell, H. Baird Kidwell '35, Hawaii Associate Justice of the Supreme While in Hawaii last fall, Dean Hon. Ben. C. Duniway Court of Hawaii (standing), Asa and Mrs. Charles J. Meyers at­ M. Akinaka '64, immediate past U.S. Court of Appeals tended a Stanford law dinner president of the State Bar of Ninth Judicial Circuit hosted by C. Wendell Carlsmith Hawaii, Dean Charles J. Meyers-, Seventh & Mission Streets '28, senior partner in the Hono­ Pamela Meyers, C. Wendell Carl­ San Francisco 94101 lulu firm of Carlsmith, Carlsmith, smith '28, and Betsy Akinaka.

37 rated by the King of Malaysia in 1977 Law School, from which she graduated with "Johan Mangku Negara," the and where she met and married Bill 1935 highest order of chivalry given to a non­ Rogers, whose name is familiar as for­ Malaysian citizen. Independent research mer Attorney General and Secretary of Stanley J. Madden on my part indicates that he has been a State. Though Adele never actively Pillsbury, Madison & Sutro most generous contributor through the practiced law, she and Bill spawned a P.O. Box 7880 years to the Stanford Law School Fund. family of lawyers-three sons are law­ San Francisco 94120 He has three children (one of his daugh­ yers and two of them are married to ters, a Stanford graduate in 1965) and lawyers. The Rogers' daughter is a Pro­ three grandchildren. fessor of Political Science at the U. of Dick Goldsmith writes that since 1971 Cal at Davis. Adele has had a fas­ 1936 he has been Chief Magistrate of the cinating life among the political and Northern District of California. Prior to diplomatic "upper crust," traveling to Mary R. Mulcahy that time he served as U.S. Commis­ 81 countries and entertaining top peo­ 1150 Swanston Drive sioner, and antedating that, in the pri­ ple. She and husband Bill now divide Sacramento 95818 vate practice of law. He is particularly their time between New York City and Thirty-seven of us received our LL.B. proud of having started a law student Washington, D.C. as Rogers has offices degree from Stanford Law School on intern program with the third year Pro­ in both cities. June 14, 1936. Times were tough then; cedures class at Hastings Law School, Several of my correspondents have most of us were just getting a good for which the school honored him by expressed interest in my activities, and start in our careers when the war came awarding him membership in the Order because so few have replied to my let­ along; we were just the right age to of the Coif. Dick has five children, two ters, perhaps I may be forgiven for serve, and most did with distinction. of whom are Stanford graduates, and writing a few lines about myself. I Acre-feet of water have flowed under the whole family has for years partici­ graduated from Stanford Law School the bridge since then, and there have pated in Sierra Club activities, but he as Mary Rechif. After a 25-year career been some distinguished lawyers and says that the advent of grandchildren with the U.s. Bureau of Reclamation in judges in our number. Perhaps that very has slowed down the backpacking. Sacramento as Chief, Land Acquisition fact explains the paucity of replies I James M. Richmond writes from Sun Branch, I took an early retirement in received from this notable group of City, Arizona, that he retired in 1969 1971, and since then have been operat­ legal eagles. Fellows, if you don't find after a long career with the firm of An­ ing a stamp exchange business for col­ your name in this column, it doesn't derson, Wrenn & Jenks in Honolulu lectors, with the sideline of a sizeable mean that you are not among the out­ (now known as Goodsill, Anderson & stamp collection of my own. I keep in standing members of the Class of 1936, Quinn). He divides his time between shape by playing tennis every day; I but that you failed to reply to my sunny Arizona and New Hampshire; is have three grown children who have plaintive plea. enjoying his retirement, particularly the provided me with nine grandchildren, Paul DuBois reports that he has been golfing. He has a son and daughter, and this gives me other time-consuming practicing law in Newport Beach since both having provided him with grand­ and enjoyable activities. 1965, after many years of association children, number unspecified. with a firm in Los Angeles; is now semi­ Gordon Campbell responded to my retired because of the "toll of the query, but since he transferred from years," as he puts it; plans to remain Stanford Law to the University of Ore­ in Newport Beach because of its equa­ gon, feels that he may not properly be ble climate. His family consists of a considered a member of our class. How­ 1938 daughter who received her master's de­ ever, as he is well known to Stanford gree at Stanford in 1968; a daughter people through his football prowess and Burton J. Goldstein who is a doctoral candidate applying at student body activities, I am glad to Goldstein, Barceloux & Goldstein Stanford; and a son who graduated report that he has had a varied and 650 California Street from Redlands and USC. interesting legal career, as senior part­ San Francisco 94108 Harry L. Haehl has had a distin­ ner in Campbell, McHarry & Walker guished legal career with Lillick, Mc­ in Monterey for 34 years; U.S. Marshal Hose & Charles in San Francisco, where for China in 1938-40; Municipal Court he is now senior partner and on his re­ Judge of Monterey; and culminating as tirement, planned "soon," he will be­ Superior Court Judge f<:>r nine years in come "Of Counsel." The firm's spe­ Monterey County, from which he re­ 1939 cialty is Admiralty Law, and Haehl has tired in 1971. Campbell has three been a delegate to various international daughters, all college graduates and en­ maritime conferences as a contributor gaged in careers, and he and his wife Robert N. Blewett of law review articles and lecturer on still reside in Carmel. Blewett, Garretson & Hachman that subject. He has been Honorary Another semi-classmate is Adele Eden Park Blvd. Consul General of Malaysia at San Langston Rogers, who started out in 141 E. Acacia St. Francisco since 1968, and was deco- our class but transferred to Cornell Stockton 95202

38 The Class of '39 has provided a di­ of the ABA Section on Legal Education verse and interesting spectrum of activi­ and Admissions to the Bar, has been ties. Joe Burris, a prominent Los An­ appointed to the newly formed ABA 1945 geles attorney, has served his alma mater Committee to write a new code of pro­ as Chairman of Stanford Athletic Board, fessional ethics. Judge William (Bill) Avis Winton Walton President of Stanford Alumni Associa­ Woodward has recuperated from a 397 Fletcher Drive tion, member of Board of Overseers of serious operation and has returned full­ Atherton 94025 the Hoover Institution on War, Revolu­ time to the Superior Court Bench in tion and Peace, and now is President of San Joaquin County. "Town Hall of California." His club af­ filiations indicate he is both a golf and 1947 tennis player. Ed Butterworth was recently elected Robert C. Elkus President of the San Gabriel Valley Boy 1940 Robert C. Elkus, Inc. Scouts of America with 22,000 boys in Suite 2460 the Council. Ed was honored at the 555 California Street R. L. McNitt, Jr. recent Silver Anniversary Eagle Scout San Francisco 94104 Recognition dinner at the Huntington­ Rose Hills Memorial Park Sheraton Hotel when he was presented 3900 S. Workman Mill Rd. a distinguished Eagle award by former Whittier 90601 Lt. Governor Robert H. Finch. Ed is President and Chief Executive Officer of 1948 Fedco Inc., Los Angeles. Carl Dodge, a Nevada State Senator for over 20 years W. Robert Morgan and author of important legislation in 1941 Morgan, Beauzay, Hammer, Ezgar, the State (can you legislate better odds Bledsoe & Rucka 300 W. Hedding St. at the tables, Carl?) is a farmer (a real Elster S. Haile San Jose 95110 gambler) and feed mill owner in Fallon. 230 California Avenue Jesse Calvert is still the mainstay of William R. (Bill) Knapp also proved Palo Alto 94306 Grants Pass, Oregon. Twice elected to that law is good business. Having re­ One of our illustrious class not heard the School Board (Chairman-no less), tired, Bill and spouse Marge have done from in a while is Max Gruenberg. He President of the Rotary and attorney for extensive traveling; one of their three is president of an industrial real estate his church, Jesse has been active in daughters lives in Egypt and another in firm, and has been for about 25 years, Legal Aid and bar activities at Grants New Zealand. Dave Lombardi is still called Industrial Services, headquar­ Pass. in active practice in San Francisco with tered in San Francisco. William S. Boyd Ralph Williams practices in Tusca­ his son (Yale Law School Class of '67). is a director of the company and does loosa, Alabama. Ralph practices with With five grandchildren his spare time their active legal work. His firm was two sons and expects a third son to is pretty well taken up. Rem Low is re­ elected last year to the Society of Indus­ pass the bar exam soon. Ralph has an tired as senior partner of his own firm, trial Realtors, which involved an exam­ impressive trial record (Alabama's high­ Low, Ball & Lynch, in Menlo Park ination in a slight way similar to the est verdict-$678,000) and on appeal, (didn't know gambling was allowed Bar Examination. Max and his wife, won the right for a wife to recover for there). Rem is Chairman of the Board Patricia, have three children. Max, Jr. loss of consortium. As an author, Ralph of the B. M. Behrends Bank of Juneau is practicing law in Anchorage, Raoul Williams has written major practice and director of a bank in Fairbanks, Gruenberg is a buyer at Bullock's, Palo books in continuous use in Georgia, Alaska. He spends about half his time Alto, and their daughter, Marcella Alabama and Tennessee. in our 49th state and of course is an Gruenberg, graduated recently from John Hauer is a trial partner in a expert fisherman. Do you offer low in­ Willamette University. The Gruenbergs Dallas firm of 94 lawyers. Vice Presi­ terest rates to needy classmates? Judge live in Foster City at 312 Dolphin Isle. dent of the Dallas Bar, John is a fellow Miriam E. Wolff, Municipal Court Sun­ For the rest of the class, I will say of the American College. His clients nyvale-Cupertino Judicial District, no news is good news since there has have numbered Jim Ling, the Dallas finds time for community work as been no recent reports from them. Chairperson of the Santa Clara Drug Transit Company, and other prominent Abuse Commission and is a member of Dallas clients. the County Law Library Commission to Dorothy Carson is a Superior Court fund a separate law library building Judge in Phoenix, Arizona. Dorothy such as Los Angeles County has. Sam 1943 served as President of the Inter-Club Thurman, our scholar, former Stanford Council, belongs to AAUW, Soropti­ Law School Professor, now Distin­ mists, B & P Women's Club, etc. Doro­ guished Professor of Law, University of Ward W. Waddel, Jr. thy enjoyed her 25th wedding anniver­ Utah Law School, National President 495 San Fernando sary last year. of Order of the Coif, Chairman elect San Diego 92106 Bill Dale is a Circuit Court Judge in

39 Portland, Oregon, and served two years A. T. La Prade, according to John Parkinson as the Presiding Judge. A former mem­ Hauer, has been brushing up on his 2400 Russ Bldg. ber of the Board of Governors and Vice flight techniques. Recently A. T. took San Francisco 94104 President of the State Bar, Bill was a 3-week jet pilot course given by Amer­ In a wave of enthusiasm on Big elected to the American College before ican Airlines. Don't ever say the class Game Night, Sam Barnes, Bud Clary going on the bench. of '48 isn't still flying high. and, I think, Rex Lewis and Judge Kenneth M. Eymann is a Superior As your correspondent, I am happY,' Zook Sutton overwhelmingly elected Court Judge in Santa Rosa. Two sons to report that my wife, June Hall, and me chairman of a committee to get the of our class of '48 recently appeared I live on our Morgan Horse farm in class to EI Paso on New Year's to see before him in his court. Gilroy raising Morgan Horses and Red Stanford play in the Sun Bowl. I en­ Ken has had many interesting prob­ Angus cattle. I founded the Triton Mu­ thusiastically accepted this honor, but lems. Included in those legal problems seum in Santa Clara and am currently the next day wiser heads (V.K.P.) pre­ facing him as a judge was the problem organizing a World Trade Center for vailed. But Sam and Bev Barnes made of deciding whether geothermal steam San Jose. the trip. Earlier in the season, Sam and was a mineral and low, it was! Likewise, As a lawyer, I served as President of Bev had invited Ginny and me to a tail­ Judge Eymann had the sticky and ap­ my County Bar in 1958 (we now have gate party before the U.C.L.A. game. I pealing problem of trying the first 2,800 lawyers in Santa Clara County). carefully followed their map, but we coastal zone condemnation case. Ken I was a member of the Council of the could only see the U.C.L.A. band prac­ often sees the other members of the Litigation section of the ABA. I served ticing at the designated spot. After much California judiciary, like Sam Conti, as a director, secretary and president of wandering around (and ill-timed com­ Del Wong, Doug McDaniel and George the International Academy of Trial ments on map-reading ability) \ve found Brown. Lawyers and currently am a member of Sam. The band had assembled around George Brown is a Court of Appeals the Board of Governors of the Califor­ the Barnes' car, and that is a lot of Judge in our California Fifth Appellate nia State Bar. Both of my children de­ bandsmen. Sam led us to the secret District. George and Virginia have four cided to study law. place and quickly administered first aid. children and before going on the bench, Richard W. Jencks is certainly one Congratulations to Dick Tuttle, who George was in civil practice in Bakers­ of our most distinguished class members. has been appointed Judge of the Su­ field. George Brown was appointed to Richard served as General Counsel of perior Court, County of Sacramento. the Superior Court in 1969 and then CBS Inc., until 1969 at which time he Dick really gets around. Just when you appointed to the Court of Appeal in became President of the ,Broadcast think he is sitting on a cracker barrel 1971. He has been the PJ of his division Group and a member of the Board of in Mokulumne Hill, he pops up with a department since December of 1972. Directors until 1971. From '71 to '76, new honor. Dickinson Thatcher struck a blow Richard served as CBS's chief lobbyist "I wuz quoted out of context," states for the taxpayers when his case chal­ in Washington and as a Vice President Everett B. Clary, who received a bit of lenged the Treasury Regulation relating of CBS. national publicity concerning his views to the valuation of mutual funds re­ Richard Jencks now lives in Stinson on legal fees. The context in which Bud cently. Where others had failed, Dick Beach, has retired and plans to do con­ expressed his views was in testimony to won both in the District Court and the sulting in the broadcast field and raise support a request for determination of Ninth Circuit. This principle was af­ golden retrievers. fees in a class action. How gauche for firmed shortly thereafter by the United Wally Dorman has been a partner someone to quote Bud's testimony in States Supreme Court. with his brother, Vroman Dorman and an article denouncing the size of legal Burl Green has received many honors his nephew, James V. Dorman, with of­ fees. as a trial lawyer. He has been elected fices in San Diego and Lemon Grove. to the International Academy of Trial Wally has always been active in the Art Toupin has been appointed one Lawyers, American College of Trial YMCA and Lions International and last of four vice-chairmen of the Board of Lawyers, International Society of Bar­ year helped establish a trust to protect Directors of Bank of America. He re­ risters, and Inner Circle of Advocates. funds for a local high school student mains as Executive Vice President and Burl recently lost an argument in an paralyzed from a football injury. Senior Administrative Officer for Bank appe~l in a railroad crossing case. The Now that you know so much about Investments, Fiduciary and Communi­ cations Services. verdict was a large one for $202,000 so many of us, I hope those who didn't and was set aside. Forced to retry the answer my letter will drop me a note so Don Webster receives our special case, he obtained a second verdict but that I can include you in the next re­ Class of 1949 award (lifetime supply of this time the jury fixed damages at port about the amazing post-war class annual fund contribution forms). Don $1,139,000 and the defendant did not of 1948. persuaded the Red Bluff owners of the appeal. Terrific! first Big Game Football to donate it to Burt Talcott has left Congress after a Stanford. Saw Don's picture with his distinguished career of fifteen years. Stanford son in the Paly Times. Still Burt is one of our most distinguished 1949 looks like a nice guy. classmates. He now serves as Executive Everett and Betty Berbarian turned Vice President of the American Con­ Benjamin H. Parkinson out to have theater seats right next to sulting Engineers Council. Ackerman, Johnston, Norberg & ours last September. If you like excit-

40 ing bits of news like that, how about squirting that aerosol, gang! This smelly Bob Schifferman in Los Angeles (who this? We saw Joe Rogers, his brother ozone has loused up the atmosphere so claims judges are the only general prac­ Chuck (Class of '57) and their wives badly that I don't even enjoy sitting titioners left and who states that he will having lunch at the elegant Crown out on deck." "modestly answer this year to the title Room. I thought, "Joe must have lunch 'El Supremo'" as a result of being ap­ here regularly." Said Joe, "I told Chuck pointed supervisory judge); Lloyd Blan­ that you must have lunch here regu­ pied in Orange County; Hollis Best in uarly." Not so. Fresno (who is also a Professor of Law OUT OF CONTEXT QUOTES 1950 at San Joaquin College of Law and Warren Christopher, Deputy Secretary is a member of the Executive Board of State, has made a number of speeches Editor~s Note: Frank D. Tatum, Jr., of the California Judges Association); around the country, including one at the a partner in the San Francisco firm of and Clyde Small in Shasta County American Bar Association Gavel Awards Cooley, Godward, Castro, Huddleson (where he reports he is engaged in "at­ luncheon in Chicago. In a speech in San & Tatum, has been named to a leading tempts to rationalize procedure and Francisco in November, Chris reported post in Stanford University's volunteer improve efficiency"). that the chances for Middle East peace fund-raising organization. A Trustee of Dick Crake seems to be gradually get­ are the "best since 1948." I thought the University, Mr. Tatum will serve as ting out of the practice and further into that in 1948, Chris was too busy with Stanford's Major Gifts Chairman for his business ventures which he says the Law Review to notice. Judge Shirley Northern California and Hawaii. give him more satisfaction and do not Hufstedler is also fair game for quotes involve "management of other attor­ out of context, with all the speeches neys." she makes (Shirley spoke in January be­ Bob Raymond retired from his heavy fore the San Francisco Bar Association). 1951 trial practice in 1970 and moved to However, this is from an opinion in Mendocino where he suffered law prac­ which Shirley was engaged in the in­ tice withdrawal symptoms and has terpretation of a statute: "The esoteric Alvin H. Pelavin opened a "country practice" there. He draftsmanship of Section 24(a) does not Dinkelspiel, Pelavin, Steefel & Levitt reports visits there from Bill Willens completely obscure the draftsmen's in­ One Embarcadero Center Bldg. and Ellis Horvitz. tent...." (Matter of Brissette~ 561 F.2d San Francisco 94111 Bill Haughton has traveled the road 779 at 782). A gratifying response to my recent from one large Los Angeles firm, on to I have taken to drumming up busi­ information request makes it likely that Counsel at RKO, to another large L.A. ness for this column by sending out let­ space limitations may carry some of firm, to General Counsel for the (mo­ ters. Thanks to Judge Bruce Thomas the news over to the next issue. Thanks tion picture and television) Directors for a report. Bruce had been carrying to all of you who responded-if you Guild, to retirement-cum-golf game and on a part-time practice for years, while keep the information coming, I'll try back to a small general practice part­ serving as Judge of the Justice Court in to put it out. There seems to be a strong nership which he is enjoying. Willows. The Supreme Court changed expression of interest in hearing about Still apparently staunch adherents to Bruce's life three years ago by holding each other. Because there has been a private practice are Jim Shumway (spent that an attorney / judge must preside gap in reporting, this one time I'll in­ some years as Solano County Counsel) over Justice Court trials of offenses car­ clude some old information as well as in Fairfield; Bill McPherson (has been rying a possible jail sentence. Bruce then new. on the Board of Governors of the Cali­ gave up private practice and became a Ellis Horvitz rates special first men­ fornia Maritime Academy and also Circuit Justice Court Judge sitting all tion because he introduced me to my raises wine grapes on 330 acres in the over the state. The problem the Supreme wife Toby back there in Crothers Hall Napa Valley) also in Fairfield; Bob Court didn't consider is that this gives in 1949 and I am ever grateful. He is Clifford (has served on the Law School Bruce less time for hunting, fishing and a lecturer in Appellate Advocacy at Board of Visitors) in Oakland; Howard trying to raise walnuts. Another reply USC Law Center, a Past President of Taylor in San Diego; Leander James came from Gordon von Kalinowski, the California Academy of Trial Law­ in San Jose; Clayton Janssen (served on who is in general practice and enjoying yers and the "oldest" partner in Hor­ the State Bar Board of Governors and the good life in Palm Springs. Kind of vitz, Greines & Horowitz. Obviously presently on the Law School Board of interesting to contrast the good life in modern legal politics have made "sen­ Visitors) in Eureka; Hugh Shearer (says Willows with that in Palm Springs. I ior" partners an extinct species. he would appreciate hearing from our presume that instead of hunting and Private practice of law seems to have classmates whenever they happen to be fishing, Gordon is golfing and playing had stiff competition from other lines in Hawaii) in Honolulu; and Robert tennis. And trying to raise a lawn. of endeavor judging from the number Newey (also hedges with multiple roles It is a little-known fact, but the fab­ of reports of other major activities in of County Attorney and Prosecutor) in ulous (in the literal sense) Ace Forling­ the judiciary, in law departments, in in­ Ogden, Utah. ton is piloting the Voyager I Venus dustry and in teaching. There are even Worthy of special note is Al Hom Probe which was launched last year. A a few "born again" practitioners who now in his 26th year with the firm he message from Ace has been received returned after other activities. joined after clerking for Justice Spence through Houston Space Center: "Keep Our judges (partial listing) include: and still active in his long time work

41 with Scouting. Al recently married Lor­ nothing about his status as ranking known for our correspondence with one raine Hopkins (widow of Honorable juggler at Stanford Village and Crothers another. I am in Portland with Boise John J. Hopkins, J.D. 1953) and now Hall. Suspiciously, however, his current Cascade Corporation. I have been with has three teenage children.' address is 31 Juggler Meadow Road. the company for eight years in Palo Many of us are lawyers for private Lou's wife, Barbara Bree, whom many Alto, Boise and now Portland, after and public organizations. of us knew at school, is the Director of spending twelve years with Heller, Ehr­ Bruce Mitchell is Secretary and Sen­ the Campus School at Smith College. man, White & McAuliffe in San Fran­ ior Counsel of Utah International, Inc. My own response lists as a significant cisco. Like many of you I am sure I in San Francisco and lists trips on the fact that our firm has adopted a "mini­ find many changes attendant upon the Trans Siberian Railroad, crossing the sabbatical" program giving a three­ departure of the last child from the Khyber Pass and the plateau of Ethiopia month vacation to two of us each year. nest, although I am still anticipating the and sailing the Galapagos as the mea­ Last summer it was our turn. We spent departure of the last child from finan­ sure of his hobby. Another worldwide most of it in old familiar territory in cial dependency. hobby traveller is Fred Bremenkamp Italy and France enjoying old friend­ Leo Biegenzahn is in Los Angeles who is Business Manager of the Los ships. This summer I stay home fon­ with Belcher, Henzie & Biegenzahn, Angeles Unified School District. dling the keys to our tiny apartment in where he has been for 20 years. Two Richard Stanton is Senior Attorney Paris and waiting for fall. of his children are through college, two with Safeway Stores, Incorporated in more are entering the end of high Oakland and also has a travel item­ school. says he is still a "white knuckle" flyer Those of you who read the Wall with his new 1976 private pilot's li­ Street Journal are aware of the rather cense. 1952 spectacular success that Vic Palmieri Charles Montgomery is in Tacoma has had in rescuing pieces of defunct as Vice President and manager of Frederick K. Steiner, Jr. or semi-defunct companies with the Claims and Legal Department of United Snell & Wilmer Penn Central being the most spectacu­ Pacific/Reliance Insurance Companies. 3100 Valley Center lar. Richard Carroll is in Philadelphia as Phoenix, Arizona 85073 Without trying to establish a minia­ Associate General Counsel of FMC Percy Keats has been appointed Vice ture Guinness Book of Records, it oc­ Corporation in charge of its East Coast President and Board Director, as well curs to me that I may hold the class Law Department. as General Counsel, of Monsieur Henri record for number of miles traveled, Dennis McCarthy is at Fort Tejon, Wines, Ltd. He reports that the appoint­ having averaged approximately 5,000 which was the locale of the only U.S. ment will give him an opportunity to miles a week for the last eight years. If Army Camel Corp. Unable to find manage, practice law, and try to de­ anybody can top that I'd love to hear enough camel law business to occupy velop a cocktail combining the com­ about it and commiserate. Others who him full time, Dennis fills in as Vice pany's featured beverages, Spanish have similar or dissimilar candidates President, Secretary and General Coun­ Yago Sant'gria and Russian Stolichnaya for the class record book are invited to sel of Tejon Ranch Co., an AMEX vodka. submit their entries and we can com­ listed agribusiness company. pare notes through the Stanford Law­ Industry, business and education have yer. Maybe, also, in some of my travels, proved to be fields able to lure some of I may be able to stop in and at least us. Hugh Southerland is Vice President telephone and say hello. of an advertising agency, William Gen­ 1953 noy is in fastener engineering and sales in the aerospace industry and Tom Mc­ Victor B. Levit Donnell is an EDP consultant. Howard Long & Levit 1955 Allen is giving a lot of us a big charge 465 California Street in his capacity of Executive Vice Presi­ San Francisco 94104 dent of Southern California Edison Co. Bradford Jeffries and just his earliest and latest achieve­ Cooley, Godward, Castro, ments involve being Assistant Dean of Huddleson & Tatum our Law School in 1951 and President 1 Maritime Plaza of the Los Angeles Area Chamber of 1954 The Alcoa Building Commerce for 1978. San Francisco 94111 Lou Fischer is a Professor of Philos­ John P. Borgwardt ophy of Education at the University of Boise Cascade Corp. Massachusetts, having gotten out of the P.O. Box 1414 practice of law years ago to get a doc­ 1600 S.W. 4th Ave. 1956 torate in education, and is now also Portland, Oregon 97201 teaching courses in constitutional law I have recently agreed to serve as and education. Lou lists his continued class correspondent, although neither I Leonard A. Goldman interest in tennis and skiing but says nor anyone in the class has been well Goldman, Gordon & Lipstone

42 1801 Century Park East Jerome L. "Jerry" Goldberg has been Suite 810 with Loeb and Loeb, Los Angeles, since Los Angeles 90067 graduation, specializing in litigation. He 1960 has been a member of the California State Bar Disciplinary Board for the Donald Flynn past four years. Jerry did attend the Baker & McKenzie 20th year reunion last October which 555 California Street 1957 was his first chance to see a number of San Francisco 94104 our classmates. Los Angeles Municipal Court Judge William H. "Skeeter" Ellis Philip D. "Phil" Irwin, reporting Nancy Mathews Brown, who was ap­ Foster, Pepper & Riviera from the Los Angeles firm of O'Mel­ pointed to the bench by Governor 4400 Seattle-First National Bank Bldg. veny & Myers, has practiced tax law Brown in 1976 to replace the late Judge Seattle, Washington 98154 with that office since leaving law school. Leo Freund, writes that she presides Our 20th Reunion Year Book arrived He and his wife, Jo Ann, have three over criminal matters and is Assistant as the first attempt to write this col­ children, the oldest of which is now a Supervising Judge of the Criminal Di­ umn began. In light of the good re­ sophomore at Stanford. vision of the Municipal Court. Her ex­ sponse from most of our class for the As indicated in my first letter to you tracurricular activities include Women's Year Book, we congratulate the follow­ as class correspondent, the task was ing classmates for responding to our undertaken with some trepidation. The initial request for this column. initial response and comments have Wayne E. Alley, Colonel, JAGC and been encouraging. We will look for­ JudgeSneed Chief of the Criminal Law Division, ward to participation by more of you writes from Washington that he has now that the ice has been broken. Addresses been a Judge Advocate since 1959. Stanford "The variety of work and the combi­ nation of interesting practice in exotic LawSociety places can't be duplicated." Wayne re­ 1958 ports that other career Judge Advocates from our era are Lieutenant Colonels Lurline Sampson Bickel Bob Smith and Bob Mittlestaedt, Class 3220 Jackson Street of 1958, both serving in Europe. San Francisco 94118 John A. Dundas II reports from Los Iryne Codon Black was appointed to Angeles that he is still in private prac­ the Municipal Court for Central Orange tice with emphasis on estate planning County on October 14. The District and probate. His three sons, ages 13 to covers Orange, Tustin, Villa Park and 20, keep the family busy while wife Santa Ana. Prior to her appointment Jody "does all the hard work around she was Deputy County Counsel of Judge Joseph T. Sneed of the the house while I go out and play tennis Orange County for seven years and pre­ Ninth Circuit Court of Appeals every chance I get...." viously to that had been Assistant Gen­ addressed a meeting of the R. C. "Bob" Dedekam concentrates his eral Counsel for the Smithsonian Insti­ Stanford Law Society of South­ vocational interest in the wood prod­ tution, Attorney with the Peace Corps ern California on February 2, at which he suggested that pruning ucts industry with the firm of Mitchell, and the Department of Labor in Wash­ of federal court jurisdiction is Dedekam & Angell, Eureka, Califor­ ington, D.C. and a Deputy Attorney nia. Avocationally, he is a tree farmer. necessary for the Ninth Circuit to General of California. Iryne's husband, survive a burgeoning caseload. After his tour of duty with the Nixon John, is Assistant Dean at Western State He recommended that Con­ administration in 1972, Bill Murane re­ College of Law. They have two chil­ gress eliminate diversity juris­ turned to private practice in Denver "to dren, lan, 16 and Timothy, 14. diction, provide only discretion­ find clients more litigious than before, We were known as a lively class (to ary hearings for tax, labor and and the hand of the federal government say the le.ast) enjoying the study of law. immigration law matters, and in most of their affairs, as well as their We have been at work for a few years, place a ceiling on the number of pockets." Bill enclosed a copy of a let­ so what's new? Even your new class times state and federal prisoners can petition for a writ of habeas ter from LaForest E. "Frosty" Phillips, correspondent doesn't know for sure. Jr. which we appreciate. However, corpus. Besides jurisdictional Frosty wrote directly from Paris claim­ pruning, Judge Sneed suggested that the appellate court could ing the distinction as the farthest afield improve its handling of the case­ in the class. After practicing in San load through simple technology, Francisco, Tokyo, Rome and Milan, 1959 such as closed-circuit television Frosty has been in Paris for ten years. and telephone hearings. He celebrated his 20th anniversary by Michael J. Keady Judge Sneed is pictured above hanging out a shingle with two French 300 Montgomery Street, Suite 500 with Law Society President lawyers. San Francisco 94104 Laurence K. Gould, Jr. '71, left.

43 Lawyers Association of Los Angeles, gaged in a project to rebuild a block in and domestic relations, Joel, who has Business and Professional Women's Berkeley as a model of a neighborhood an LL.M. in taxation from NYU, is in Club, Coro Foundation, Lawyers' which is energy self-sufficient, recycles general business practice with a special­ Wives, Stanford Law Society of South­ its materials, grows its own food, and ization in tax. ern California, Stanford Club of Los is economically and socially an 'integral' Joel is heavily involved in Bar asso­ Angeles, Stanford Women's Club of Los community. From time to time since ciation activities, having served as chair­ Angeles, and the First Congregational June 1975 I have visited at Soleri's pro­ man of the Tax Section of the Florida Church of Los Angeles. Nancy is mar­ totype city, Arcosanti, to lead discus­ Bar and president of the local Bar. He ried to Laurence Brown (Class of 1957), sions on the political and social impli­ is currently serving on the Board of who specializes in taxation, estate plan­ cations of these cities of the future, and Governors. Joel has helped author and ning and probate. They have one son, I have continued to do what I can at pass the Florida certification program, Gregory, who is 10. this distance to support the work of which is awaiting approval by the Su­ Jim Frost announces the formation of Arcology Circle in Berkeley. preme Court. Frost, Madigan & Smith. Their offices "When I returned to Hampshire, I Bill Wittman writes that he has are located at the Cupertino Legal Cen­ joined with some colleagues and stu­ moved his Newport Beach offices to ter in Cupertino. dents in creating a worker self-man­ 500 Newport Center Drive, Suite B. B,rooke Grant, who is president of aged bookshop, in which my family Bill became a certified specialist in tax Tracy-Collins Bank in Salt Lake City, participates. My teaching resumed along in 1976. has been chairman and president of the same lines as before; philosophy of After 17 years with Lawler~ Felix & Talcott National Corp., a holding com­ law, legal process, and political trials re­ Hall in Los Angeles, Ken Wright has pany with headquarters in New York main my main courses, with forays into become a partner with Morgan, Lewis City, since 1976. After graduation from law and literature, political theory, and & Bockius, where he handles general Law School, Brooke joined the account­ criminal law and procedure. Last Spring civil litigation. Ken is also chairman of ing firm of Touche Ross & Co. in San I again taught one course at the Univer­ the Board of Editors of the American Francisco. Two years later he became sity of Connecticut Law School, as I Bar Journal, a job he finds "fun and assistant corporate counsel with Varian have in the past. challenging." Associates in Palo Alto. He returned to "There is more of an international di­ Touche Ross in 1968. The following mension to my work than there used year he was named chairman and presi­ to be. As a member of the Research dent of Tracy Bancorp. Committee on Sociology of Law of the Lester Mazor, Professor of Law at International Sociological Association, I 1961 Hampshire College in Amherst, Massa­ attended meetings in Hungary in 1976 chusetts, writes: and in Germany this year. I am also ac­ Alfred L. Ginepra, Jr. "During the spring of 1975 I took my tive in the American Section of the In­ Carnation Company first sabbatical after 14 years of teach­ ternational Association for Legal and 5045 Wilshire Blvd. ing, traveling by car with Rickey and Social Philosophy. I am host for the Los Angeles 90036 my two daughters to Berkeley. David, American Section's annual meeting, Pat Milligan was always and will al­ then a high school junior, decided he which will be at Hampshire in March. ways be one of my favorite '61ers, and preferred to stay home, and though he "I play basketball several times a now, even the more: to whit-last Wed­ doubted our capacity to get along with­ week; taught East European Cooking nesday nit my UCLA PR Class was out him to take care of us, we some­ (after my trip to Hungary) last year enriched by the bodacious presence of how managed. I set up shop at the Cen­ and am teaching Medieval Culture and the inimitable Professional Political ter for the Study of Law and Society at Cookery this month; have had a garden Campaigner, old numero uno, Hal the University of California, where I for the last few years in which I am Evry. (Hal simplistically wisdomizes finished an article on "Death in the concentrating on scarce items like snow thusly, "The basic difference between Criminal Law" for Utah's Journal of peas, basil, and salsify; still can't come voters in Alaska and Alabama is that Contemporary Law and began work on to terms with how cold it is in the win­ the ones in Alaska are a lot colder!" the major project which has occupied ter here, and, as always, welcome all to and "If you've got $60,000, an I.Q. me for the last few years, a study of stop in and visit, discover what we are of 120, and can keep your mouth shut, the teaching materials used in law doing at Hampshire in teaching under­ I can get you elected.) Anyway, it seems schools, which I am doing as part of graduates about law, sample some of that Pat M. has been successfully rep­ the American Bar Foundation's big our cooking, and share old times and resenting HE in a libel case and de­ project on legal education. recent experiences." poneth Hal, "Pat is absolutely the most "While I was there I got together with Joel Sharp reports from Orlando, straight-talking attorney I've met in 62 some people who, like myself, had been where he and his wife Winnie have years!" Carl P. Milligan holds lawyer working with Paolo Soleri, the architect been practicing law together since 1963. court at Chapman, Milligan & Bes­ who has developed the concept of Ar­ Their professional corporation, John­ wick, 323 West Court St., San Berdoo cology (compact single-structure cities), son, Motsinger, Trisman and Sharp, 92401, (714) 888-5741.... Charles to found Arcology Circle, a group averages around ten lawyers and en­ Stanford Grobe and spouse, Ila, along which has continued to develop in gages in general business practice. While with Eileen & Kenny, can be reached Northern California and is now en- Winnie specializes in commercial law nights at 501 N. Clifford Drive in the

44 City of the Angels. Did you know that Peninsula Office CSG is a Beta Gamma Sigma and a Phi 3000 Sand Hill Road Delta Phier? Nowyado.... Rod Wal­ 1962 Menlo Park 94025 ston has had no less than three "argu­ Alden E. Danner of the law firm of ments before the u.s. Supreme Court," Mary Payton Minkus Hoge, Fenton, Jones and Appel, Inc. is has "traveled to Europe several times by 517 Byron St. serving as the 1978 president of the Yolks thru Russia" and wishes all well. Palo Alto 94301 Santa Clara County Bar Association. He has been specializing in environ­ Osborne M. Reynolds, Jr. writes: "I mental matters for the Calif. Attorney am still a professor of law at the Uni­ Gen's Office. ... You all know by versity of Oklahoma but was away now that the Class' AAA - Agathon from Oklahoma most of 1977. I was a Arno Aerni-is a Legal Professor in 1963 visiting professor at SMU Law School Berne, Switzerland.... Now ages "15 John M. Moore in Dallas the first semester of '77. Dur­ and 13 respectively are Scott Robert Myers, Hawley, Morley & Moore ing the summer, I taught Local Gov­ Ames and Mark David Ames" reports 166 Main Street ernment Law at Oxford University, Gerald B. Ames, who works arid frolics Los Altos 94022 England, in Oklahoma's summer pro­ in Saratoga, Ca., as a member of Rush­ gram there. During the fall semester of ing, Ames & Norman.... Typing of '77, I was on leave from Oklahoma and siblings, the David H. Eatons have four: have begun work on a Local Govern­ Leslie, 16; David, Jr., 14; Douglas, 10; ment textbook for West Publishing Co. and Christopher, 6.... Al Ginepra 1964 I've also written some articles during and his Lawrence still reside together at the fall and took a 25-day trip to South 843 11th Street in Santa Monica; he's Michael Ledgerwood America and Panama." 13, skateboards, surfs, etc. while Pappa c/o Bank of America Ltd. Al serves as Pres. of the So. Calif. St. Helens 1 Football Union. Flash: ALG & John Undershaft, London EC3A8HN Bales Clark played together last year England against the Canada Over-40 National H. Robert Hall Rugby Team (we were with the USA Quaresma, Avera, Benya, Hall 1966 over 40s; we won).... John Brooks Col­ & Haun burn can be wired via 50 Lafayette 37323 Fremont Blvd. Peter D. Baird Place, Greenwich, Conn. 06830.... For Fremont 94536 Lewis & Roca those addicted to freebies, write to the Ron George, Presiding Judge of the 100 West Washington Street "Law Offices of Grobe and Bazar" for LA Municipal Criminal Courts, was Phoenix, Arizona 85003 a three-pager 'titled "The Basis of elevated by Governor Brown to the LA Registering 7.5 on the Richter scale Property Inherited From 1977 Dece­ County Superior Court. The appoint­ was the marriage (that's right, marriage) dents" which I enjoyed more than the ment came for Judge George at a of one Robert S. Epstein to Catherine Book of Tobit.... time when he had already organized a Aubale, a French lady who is a real Peter Nachant Swan was married ten campaign to run for election to the Su­ estate broker in San Francisco. Rumor years ago to Joyce, has kiddies Kim­ perior Court. Ron was appointed to the has it that Catherine's only explanation berly, Matthew and Channing and has Municipal Court in 1972 and won a six­ for the marriage is to prolong her stay had his PNS bylined in the Lincoln year term in 1976 without opposition. as an alien in this country. Decked out Law Review:1 the Oregon Law Review:1 Phil Fahringer has an insurance de­ in cut-aways were the groom, Phil Maritime Law & Commerce and many fense practice in Tucson, Arizona. Phil Keith, who was the best man, and Craig more.... John W. Feist, of Kaiser's is still married, unlike some of his class­ Brown, who had risen to the level of Legal Dept., has written me not a syl­ mates, and enjoys coaching Little his incompetence as an usher. Sparkling lable ... nor has Washington Senator League football. the gala guest list were such class no­ Peter D. Francis, Pomona's Bob Kern, Paul Ulrich is with Lewis and Roca tables as John Colteaux, Tom Kimball, San Francisco's Bill Newsom, nor even in Phoenix, and reports his work in­ Wylie Sheldon and Randy Vahan. OUf Dr. Johann J. Muller from Rebhus­ volves mainly "complex litigation." warmest wishes go to the groom and strasse 15, 8126 Zumikon, Switzerland. Ross Popkey, now a CPA, reports "I our deepest condolences extend to the .. '. Does anyone know where Frank do tax stuff"; and he is doing it with bride. Petralito II hangs his toupee? ... As far Peat, Marwick, Mitchell in San Jose. Howard Culver has been elected as­ as I have been able to ascertain, Robert sistant vice president of regulatory law Frederic Fisher does NOT play chess, by Western Airlines' board of directors. although he gamely holds forth in San He has been in Western's regulatory Fran's Lillick, McHose, Wheat, Adams law department since 1973, involved in and Charles at 311 Calif. Street. ... 1965 the presentation of Western's route au­ Starting next issue, I am appointing Bar­ thority and tariff filings before the Civil bara Goodier as my Assistant Editor! David H. Ellison Aeronautics Board. He lives with his ... howbotthat. Petty, Andrews, Tufts & Jackson wife, Monique, and two children in

45 Rancho Palos Verdes. responsibility is the Wisconsin Steel from 1970 to 1972. While Marilyn has Dick Stall has abandoned his watery Works in Chicago. left private practice for the government, ways on the marina at Marina Del Rey I have received a notice that Bill Neu­ Bob Emmett has just left government and has formed his own firm inland. The kom became associated as of January (The U.S. Environmental Protection firm name is Smith, Stall, Goldstein & 1, 1978 with Shidler, McBroom, Gates Agency) to join the Washington, D.C., Boserup, 2 Century Plaza, Suite 2460, & Baldwin of Seattle. law firm of Reed, Smith, Shaw & Mc­ 2049 Century Park East, Los Angeles, Dave Loring writes, "As a result of Clay. While with the government, Bob California 90067. As a mark of a truly General Motors' decision to move its headed the legal section of the Office of sophisticated group of practitioners, overseas operations from New York to Water Enforcement, supervising the their letterhead even shows a "cable ad­ Detroit, I have elected to remain in New work of ten attorneys. dress" which, modestly enough, is simply York, where I will join Avon Products, "Lexis." Inc. I will serve as International Coun­ sel, commencing June 1, 1978." I would appreciate hearing from 1969 more of you. Jeffrey L. Mason 1967 Seltzer Caplan Wilkins & McMahon 3003 Fourth Avenue T. Robert Burke San Diego 92103 Morrison & Foerster 1968 Some of the news that follows is a One Market Plaza bit old, but I hope it is not so old as San Francisco 94105 Lionel M. (Lon) Allan now to be inaccurate. The best news is that Dave Miller Hopkins & Carley Gibson, Dunn & Crutcher announced has pulled together a great deal of in .. 101 Park Center Plaza, Suite 1000 on January 1, 1977, that Larry Calof teresting information regarding our en­ San Jose 95113 had become a partner of that firm. tire class from the responses that were How is it possible that we were grad­ Larry is with the Los Angeles office of collected in connection with the class uated from the Stanford Law School the firm, but if he continues to work reunion. It was recently published in the ten years ago? The tenth year reunion hard and does well he may some day Class of '67 Reunion Book. for the Class of 1968 will be held dur­ be able to earn a promotion to Gibson, I have learned that Mitch Morse con­ ing the regular Law Alumni Weekend, Dunn's San Diego office. tinues to practice in New Haven. This November 3 and 4. Steve Harbison and Bronson, Bronson & McKinnon (San past year he has directed an investiga­ I are co-chairpersons for the reunion, Francisco) also announced on January tion of the New Haven Police Depart­ and would appreciate hearing from any 1, 1977, that Chuck Preuss had become ment at the request of the Mayor. As of you who wish to help in the prep­ a partner of that firm . a result, the Police Chief resigned (he aration of the reunion. In any event, Thos. Hawley helped me out with a had been doing illegal wiretaps). Pravda Steve and I look forward to seeing matter about a year ago. He is still picked up the story at one point, to those of you who can make the trip practicing law in Carmel, where he and charge the U.S. with not respecting back to "the farm" for the November his wife, Hildegunn (that's Norwegian) human rights. 3 and 4 weekend. reside with their daughter, Inga (who Bob Fastov is now, and has been In San Francisco, Jim Bruen, former was born January 4, 1976). since 1972, Assistant Chief Counsel for Chief of the Civil Division of the United John Nelson wrote last May. He is Litigation and Liquidation, Economic States Attorney's office, has become as­ a partner in the firm of Wise & Nelson Development Administration, U.S. De­ sociated with the firm of Landels, Rip­ (formed in November 1976), with of­ partment of Commerce. He was mar­ ley & Diamond. Also in San Francisco, fices in Los Angeles and Long Beach. ried to Alice Taylor of Dallas, Texas Doug Barton, who left Stanford Uni­ Mal Wheeler became a member of in 1970, and they have a daughter versity after many years as its chief Hughes Hubbard & Reed as of Octo­ named Alexandra. Bob reports that his labor negotiator, has become a member ber 1, 1977. The firm has offices in New spare time is devoted to collecting and of the labor law firm of Corbett, Kane York, Washington, D.C., Los Angeles, restoring antiques. They say that Rosey & Berk. A third class member in The Milwaukee, and Paris. Mal is with the Grier does needlepoint, so why not? City, Justs Karlsons, has become a L.A. office. John Messing has returned to Ari­ member of the firm of Carroll, Burdick Orrick, Herrington, Rowley & Sut­ zona and is engaged in a trial practice & McDonough, joining in that partner­ cliffe (San Francisco) announced on with his father. John reports that he ship classmate Chris Burdick. January 1, 1978, that Jack Owens had finds the relaxed atmosphere of Arizona From Washington, D.C., it has been become a member of that firm. refreshing. announced that Marilyn Melkonian has Joel Klevens wrote in January to To the disappointment of those of been appointed Deputy Assistant Sec­ share a good deal of news about class­ us in the· Bay Area, Mike Lyon has retary of HUD which has responsibility mates. Joel is with Bodle, Fogel, Julber, moved to Chicago where he is the head for Insured and Direct Loan Programs. Reinhardt and Rothschild in Los An­ of the legal department of the Mate­ This is not Marilyn's first government geles, where he practices labor law on rials and Resources Division of Enviro­ job; she was General Counsel for the the union side and general business liti­ dyne, Inc., where I believe his major Housing and Development Corporation gation. He and Susie live in Manhattan

46 Beach with their two children, Joshua firm of Goldstone & Steed in Century and Sara. Among other things, he wrote City in Los Angeles. Hilary reports that that he had attended a going away party 1970 she will handle the corporate and busi­ for Darrell Johnson and his wife, Bar­ ness work while her partner does the bara, who were leaving for Jakarta, In­ Paul MacGregor litigation. Watch out O'Melveny & donesia, where Darrell has accepted a Mundt, MacGregor, Happel, Falconer Myers. position with the law firm of Mochtar, & Zulauf Jim Rummonds' firm recently merged Karuwan & Komar. Apparently, it is Bank of California Center with another firm to produce the fol­ the only firm in Indonesia with Ameri­ 900 4th Ave. lowing mouthful: Germino, Layne, Bro­ can lawyers, and it represents a num­ Suite 1230 die, Runte, Maquire & Rummonds. The ber of major oil companies and other Seattle, Washington 98164 firm has offices in Los Banos and Palo large multinational corporations there. Alto, and they test potential secretaries At the same party were Phil Meldman, by having them try to state the firm who is a rising young "movie mogul, as name in two seconds or less. opposed to law mogul," with Para­ Lucy Lee reports that Pat Cutler has mount Pictures, Rick Art, who is with 1971 become a nationally recognized wom­ North American Rockwell in Los An­ en's marathon runner and is trying to geles, and Larry Calof. Joel had also Charles R. Bruton establish a long-distance race for wom­ seen Vaughn Williams in New York Schnader, Harrison, Segal & Lewis en in the Olympics. Lucy advises that City last May, where he had recently 1719 Packard Building Archie Thomas is still with GATX moved from Washington, D.C.; Vaughn Philadelphia, Pennsylvania 19102 Leasing in San Francisco and "looking is now associated with Skadden, Arps, I knew it was cold this winter, but I very dapper" after spending six months Slate, Meagher & Flom. Joel also re­ did not realize how cold. Apparently as in London. She tells me that Howard ported that Jerry Wright is a professor a result of a lack of alternatives, sev­ Chickering is still with ITEL Data of law at U.C.L.A., and he commutes eral of you modest devils finally sent Products Corporation in San Francisco to and from Palo Alto on the week­ letters to me. The result is that this and that he is "wheeling and dealing ends; he and Maria "tried living in Los will be a long column that will hope­ and making lawyering look very dull." Angeles during his first term at U.C.L.A. fully contain much new information Lucy reports that Kaatri Boies Grigg (1976-77), but they did not like living about our happy throng and, possibly, now has a son and is working part-time away from their beautiful Palo Alto less weak humor from me. in the legal department of Wells Fargo home." Finally, Joel passed along the Marching to the altar in recent Bank in San Francisco. Lucy also re­ news that Jim Atwood had become a months were Roy Weatherup and Ken ports Christine Curtis is organizing a partner in the Washington, D.C. law Buckwalter. Roy reports that he mar­ "Foundation for Human Rights" with firm of Covington & Burling. ried the former Wendy Gaines (U.S.C. the California State Bar Association. Shortly after hearing from Joel, it 1974), a young lady in the insurance In addition to writing interesting let­ was brought to my attention that the business, and they now live in West­ ters and making partner, Lucy has man­ January 12, 1978, issue of Aviation wood. Roy is still practicing in Los An­ aged to keep herself busy by writing Daily had noted that "James Atwood, geles with Haight, Lyon, Smith & Dick­ articles on taxation, lecturing to the 34, Washington attorney, soon will join son. Ken caved in and married a lovely ABA and various other groups, reno­ the Department of State as deputy as­ girl from Palo Alto last summer. I will vating Victorian houses in San Fran­ sistant secretary of transportation." The vouch for the description, since I met cisco and running (for time and dis­ succinct article reviewed Jim's gradua­ her at our fifth year reunion party. Ken tance, not for public office or cabs). tion from Yale and Stanford Law advises that he is practicing with Lakin, Gene Bates writes, "I live alone in a School, his clerkship with the Chief Spears in Palo Alto along with Joey pre-earthquake San Francisco house, Justice, and his partnership with Cov­ Jacobs. with one cat and one dog, leading what ington & Burling. Five of our classmates merit con­ I imagine to be a typical urban exist­ Don Farmer is now the Director of gratulations for having recently become ence." Gene is now a senior associate the Office of Internal Aviation at the partners in their firms. Joe T erraciano with Farella, Braun & Martel in San CAB, so he and Jim will be working was made a partner at Morrison & Francisco. Gene reports that he regu­ closely together. Foerster in San Francisco. Lucy Lee, larly has lunch with Joe Terraciano As a final note, my son, Jay (now also in San Francisco, became a mem­ who is very happy with his new part­ age 7), is pleased to announce that he ber of Levenfeld, Kanter, Baskes & Lip­ nership and his new son, Jeffrey. Gene has a baby sister, Meredith, who was pitz. Debbie Willard became a partner indicates that Joe and his wife, Julie, born September 9, 1977. Needless to at the Boston firm of Foley, Hoag & are enjoying life and giving regular re­ say, Michele and I are pleased with that Eliot. Garth Pickett became a member ports about Jeffrey to all who will announcement, too. We are all en­ of the firm of Hopkins & Carley in listen. Gene also states that he regu­ sconced in San Diego, "America's Fin­ San Jose. Skip Greenfield was made a larly sees Tim Jacobs and his wife, est City," where despite what you may partner at the Palo Alto firm of Ware, Judy, at the opera. He does not indi­ have heard or read about rain and Fletcher & Freidenrich. cate whether Tim is singing in the opera flooding, the sun shines warmly more Hilary Goldstone recently joined with or watching it, but I suspect the latter. often than not. one Michael R. Steed and opened the Ken Buckwalter, in addition to break-

47 ing in a new wife, has been with the being married to an Irishman, Debbie tude of wanting to enjoy what I do." Lakin, Spears firm in Palo Alto for two specialized in estate planning, estate ad­ Personally, I envy Marshall's inde­ years now. Ken reports that he is doing ministration and immigration work, pendence, and as a reward I am ar­ general business and business litigation persuaded the other members of her ranging for him to have films of all the work. Ken advises that Lou Guerrieri firm that her choice of spouses should games played by the Philadelphia Eagles continues doing personal injury defense not be held against her and, as noted for the past two seasons. work with Ropers, Majeski, Kohn, Bent­ above, made partner this past January. Marshall reports that Jim Tobak ley & Wagner in Redwood City and Debbie reports that she and Peter spend "has given up the inert life" and "is that Andy Wright is still practicing their free time puttering around their subverting young minds at Lehigh Uni­ with a firm in Fresno. Ken indicates large old Victorian house in a suburb versity." Interestingly, Jim called me that Bob Haddock and Mike Mc­ of Boston and visiting the Coogan fam­ recently, and I learned that he has spent Cracken are still practicing as Haddock, ily farm in Vermont. I do not know the past six years engaged in such pas­ Oxman & McCracken in Palo Alto. whether to believe this, but Debbie in­ times as driving a cab and living in the Ken tells me that Bob Haddock has dicates that the "sole access" to the Canary Islands. Jim is now teaching In­ so much free time these days that he is Coogan farm is "by hiking on snow­ troduction to Law and Business Law also attending the Stanford Business shoes." Once there, the atmosphere is at Lehigh and has promised to come School full time, clear evidence of Bob's "rustic" in that the only heat is sup­ to Philadelphia one of these days and interest in the higher callings of the Bar, plied by wood which she and Peter cut tell me about his escapades. Jim tells i.e., income. Believe it or not, Mike Mc­ and split by hand. She reports that they me that Marty Rosenthal is living in Cracken was in Philadelphia recently "have done small construction projects, the Boston area and working hard as a to take the deposition of some potential roofing, siding and the like." Debbie public defender. Marshall states that witness. We managed to miss one an­ sees this as "a good balance to [their] Marty "is engaged to a golden retriev­ other, but I am told that he may have often too-long hours at lawyering." I er and still moves with pathological the good fortune to return soon. see it as manual labor comparable to slowness." I received an interesting letter from working on the Alaska pipeline. Marshall's letter mentions that Jim Barry Klopfer who tells me that he is Debbie reports that Greg Dyer has Paul "is a successful lawyer in Hawaii married, has three children, has spent his own practice in Mill Valley, Cali­ who supports the bartenders' union al­ the last six years with the Ventura fornia and manages to work nine or ten most singlehanded." He indicates that County District Attorney's Office and months each year and travel the rest of John and Helen Baumann are living in has served as supervisor of the misde­ the time. Debbie indicates that Laura Palo Alto with their two daughters, and meanor division of that office for the Palmer Hammes and her husband, Bob, "the four of them spend weekends past four years. Barry recently managed who is also an attorney, are living hap­ renovating Stanford stadium." Marshall to ruffle a few feathers in Sacramento pily in San Diego and that Laura has reports that Bill Kircher is an Assistant by declining to withdraw from the race temporarily retired from practice to en­ United States Attorney in Los Angeles for a new Municipal Court judgeship joy her son, Jarrod, who was born this and "works as a go-go dancer twice a It seems that he applied for appoint­ past fall. Debbie tells me that Melodie week." (This must be undercover ment to the position and heard nothing McLennan Kleiman and her husband, work.) Marshall advises that Colleen from Governor Brown for six months, Ted, who is a physician, have three Gershon Haas "has left the law, is mar­ whereupon he filed and announced his children and live in Ventura, California. ried to a lovely guy, and still makes candidacy for the upcoming election. Debbie also reports that Beth Phelps the guru Mahareshi seem like a blither­ Within hours, Barry was asked to with­ Ray and her husband, Ed, are living in ing idiot." With equal sobriety, Mar­ draw in favor of another candidate who Columbus, Ohio, where Ed is chairman shall states that Eldon Rosenthal is was more to the liking of the Gover­ of the Department of Economics at "chasing ambulances and tow trucks" nor. Barry reports that "it really was Ohio State University. Beth has "a beau­ in Portland, Oregon and "raising his a tough decision for me to make-I tiful daughter, Stephanie, and now prac­ son to be an expert witness in antitrust mean how many times in my life will tices on her own in Columbus." cases." According to Marshall, Bob I be able to do a really big favor for I received a great letter from Marshall Rogers "is still a complete madman and the Governor?" After careful considera­ Goldberg who is back in Washington, chases teenage girls down the main tion, Barry declined the Governor's kind D.C., with "plans for departure sound­ streets of Madison, Wisconsin." offer. The press got hold of the story, ing more and more like prayers." Not­ I hear from various sources that Irwin and it was almost Venturagate for Mr. ing that he was "totally unprepared to Schwartz is enjoying life in Seattle im­ Brown. In any case, there are now eight work for a living," Marshall indicates mensely, particularly when he occa­ announced candidates for the vacancy, that he has held "eight W-2 forms in six sionally foils the Government in a major and Barry is "up to [his] ears in poli­ years" and has "tried litigation, legis­ criminal case. Irwin, you may recall, is tics." lation, clerking, bureaucracy, private heading the Federal Public Defenders Debbie Willard is enjoying a fasci­ practice, East Coast, West Coast, poli­ Project in Seattle. I understand that nating life in Boston. In May, 1975, tics, business, and anything else that Irwin's glee is occasionally dampened she married a Harvard man, one Peter might bring [him] the stability of watch­ by Pete Mair who is still, according to W. Coogan. Peter was (and still is) a ing the same home team two seasons Lucy Lee, "prosecuting heavies in Seat­ partner at Debbie's firm, Foley, Hoag in a row." Marshall has finally iden­ tle for the U.S. Attorney's Office." I & Eliot. Overcoming the obstacle of tified his problem as the "naive atti- am told that Bob Westinghouse is also

48 getting in a few licks for the prosecu­ a legislative assistant with Senator ficers please take note). tion in the same office. Schweiker on the Senate Labor Com­ There's not much in the way of news Dave Kehe reports that he is surviv­ mittee where he spent most of his time (which explains all of the filler in the ing life in New York City where he on health matters. He also practiced previous two paragraphs). Mike Milli­ practices with the Wall Street firm of on his own for a few months before gan wrote to advise that he had taken Cahill, Gordon & Reindel. Dave is en­ accepting his present position as a "lob­ time out from his practice in Palo Alto gaged in antitrust counseling and litiga­ byist" for the Health Insurance Asso­ to travel to Africa with his wife, Carole, tion and indicates that this has "pro­ ciation, a group that represents profit­ and daughter, Kim. The Milligans vis­ vided some humor and excitement over making health insurance companies in ited Kenya, where they had been pre­ the past six years." Dave mentions, legislative matters. Cal is currently viously when in the Peace Corps. however, that he has "been rebitten by studying problems of cost control in Terery McShane called while on a the wanderlust" and may be on his way the health field and the exemption of trip to Los Angeles. He and wife, Toni, to "exciting new places like Stevens the business of insurance from the anti­ now have two children. (Terry wasn't Point, Wisco~sin." Dave has obviously trust laws. terribly specific as to gender.) Terry heard from Bob Rogers (or Marshall Cal reports that Annie Gutierrez left has taken a job as house counsel with Goldberg) about the female population sunny California a while back and came Foremost-McKesson in San Francisco. out that way. to Washington, D.C. Since arriving, she Ken Coveney must be hard at work I recently spoke with Dick Williams has worked with the Labor Department these days. At least that's what he said who is still slugging away as a litigator and the Justice Department, and she re­ when I met him coming off of the tennis at Kadison, pfaelzer, Woodard, Quinn cently accepted a position in the Office courts in Palm Springs one weekday a & Rossi in Los Angeles. Dick reports of the President's Domestic Adviser. If few months ago. that all is going well for him and that your taxes go up, you know who to Several class members are busy de­ he recently got a day off to visit his call. fending the honor of Governor Brown's family. It seems that someone in Ari­ And thus concludes another chapter administration (I'm tempted to make a zona has been suing the clients of Dick's in the history of the Class of 1971. My comment about the impossibility of that firm with regularity, and Dick has been thanks to all those who sent reports. task, but I suppose this column should chosen to commute to Phoenix and To the rest of you, I renew my invita­ remain noncontroversial). Zan Henson Tucson and save the day. tion to protect your reputations with a and Jim Claytor are still with the Cali­ I also talked with Pete Bewley re­ short letter telling me what you have fornia Attorney General's Office. Mar­ cently. Pete, you will recall, left Wash­ been doing since we left Stanford. jorie Evans was appointed by Gover­ ington, D.C., to join the legal staff of nor Brown to serve as a member of the Johnson & Johnson. Pete reports that Air Resources Board-a part-time task he loves his new position and does not which she fulfills while continuing to miss the joys of private firm practice in act as counsel for the Bank of America. the slightest. 1972 In Sacramento, Ted Prim is an attorney Not far from Pete is Calvin H. John­ for California's Fair Political Practices son who recently was promoted to As­ Jeffrey R. Pendergraft Commission; and Tom Houston is with sociate Professor at Rutgers University Atlantic Richfield Company the State Agriculture and Services Law School in Newark, New Jersey. Cal 515 South Flower Street Agency. John Davies and Stephen Ber­ reports that this means "now [he] can Los Angeles 90071 lin are also in Sacramento. John is associate with rather than just assist Those of you who in the past have working as legislative counsel and professors." Cal also indicates that he been dedicated readers of this column Stephen is with the State Public De­ recently published a law review article will be quick to note a marked deteri­ fender's Office. on some exotic tax topic and became oration in quality beginning with this Moving to the eastern part of the the father of the third Cal Johnson issue. And those of you who are par­ country, I have it on good authority (who is called "Teddy" to avoid con­ ticularly perceptive may note that there (i.e., an unconfirmed rumor) that Larry fusion with others of the same name). has been a change in class correspond­ Wright is now a partner in the Snell & Teddy was born last July, and Cal re­ ents. These two events are not unre­ Wilmer firm in Phoenix, Arizona. ports that he finds fatherhood to be lated. That's really all the news I have this "fun" and a "delight." Anticipating your reaction to this time around. If those of you in the East I received a call from the other Cal change in class correspondents, let me notice a West Coast bias in this col­ Johnson, Calvin P. Johnson, in Janu­ hasten to point out that it is not the umn, it's your own fault. Neither Lance ary. Calvin P. reports that he worked result of another diversification effort nor I have received any news of late with the Governor's Office in Missouri by the oil companies. Rather it is the from other parts of the country. Please until 1974 when he came to Washington, result of Lance Wickman's desire to hang let me know what you're doing so that D.C. Since arriving in Washington, Cal up his golden pen and my offer of as­ we can change the geographical focus of has held various positions, including sistance (which obviously was ill-con­ this column. Who knows, I might even service on the White House Staff and ceived). I should also hasten to point get a letter from Stephen Feldhaus re­ with the General Counsel's Office and out that my offer of assistance only ex­ porting on his activities in London, or the Chairman's Office at the E.E.O.C. tends until the next election of class a letter from Robert Forster or Linda During 1975 and 1976, Cal worked as officers (Steve Cory and other class of- Ho who are rumored to be in Hong

49 Kong, or even a letter from Cary Wil­ world traveler of sorts. Michigan. If any former classmates son who is reportedly living in South Tony Cook, formerly staff counsel were ever to drop in for a visit, I might Africa. with the Washington State Senate Re­ finally see an end to comparisons of search Center, is now the legal adminis­ Milwaukee to Buffalo, etc." (I can't trative assistant and general trouble­ figure out if Milwaukee or Buffalo shooter for the state Utilities and Trans­ should feel more insulted.) Anyway, portation Commission. Tony and his what with remodeling the house and 1973 wife, Joy, who is executive secretary of maintaining a summer cottage at Big a senior citizens center, are active in Cedar Lake, Gil and Christine have their Stephen J. Boatti the Little Church on the Prairie (Pres­ hands full. Gil still has his Valiant-now Hughes Hubbard & Reed byterian) in Tacoma. Houston (Sonny) with 139,000 miles and counting. It puts One Wall Street Tuel has left the California Dept. of mine, with only 49,000, to shame. New York, New York 10005 Motor Vehicles to start a four-person Also acquiring a first home were Gary Job changes seem to be increasing in firm in Sacramento (Wright, Britton, Hanken and Marie McLaughlin Hanken our class. Blair (f/kla Henry) Bernson Coder & Tuel). He lives a happy sub­ ('74), and they spent most of 1977 with has left Preston, Thorgrimson in Seattle urban life with wife Leslie and 10­ "fixing the house and yard projects" to become general counsel of Schnitzer year-old Houston III. Gregg Gitder has in Pacific Palisades. Gary continues at Industries in Portland. He writes, "I also started a firm, with two other law­ Greenberg & Glusker and continues have done work for them for several yers, in Los Angeles (Combs, Gittler & wonderfully illustrating his own Christ­ years and felt it was time to get more Hauser). John King, no longer at the mas cards. John Mackall, having re­ involved with business and hopefully FTC, is self-employed in Washington. cently moved to Santa Barbara, is no less involved with the practice of law. John writes, "I left the FTC in the fall longer in solo practice but is a partner Our major involvement is in Pacific to seek nlY fortune and to escape the in the firm of Seed, Martin & Mackall. rim shipping and trading, steel distri­ bureaucratic coal mine. I was getting His wife Danielle is manager of a den­ bution and importation and real estate 'paper lung'." All my best, John, for a tal office. Asked to list recent interest­ investment and development." Blair in­ speedy recovery. ing activities, John replies, "Getting vites all classmates visiting Portland to Bruce De Bolt is in Salem, Oregon, and spending." Ah, the California ethic. get in touch. where he is an assistant attorney gen­ Ed Burmeister, of O'Melveny & Myers, Also in the Northwest, Art Schneider eral in charge of enforcement of Ore­ was on the faculty of the Eighth An­ left Seattle's Lane, Powell firm in Jan­ gon's new state antitrust act. Previ­ nual PLI Employee Benefit Institute, held uary to join Boeing, "to negotiate and ously he specialized in public utility in April. administer contracts with airlines in regulation and was an adjunct professor Priscilla Fox, who in our last column Africa, Eastern Europe, Greece, Italy, at Willamette Graduate School of Ad­ was searching for alternatives to the Luxembourg and Denmark." This will ministration. His wife April is a li­ adversary system, has elaborated on involve a heavy travel schedule. In fact, brarian and they have a 10-year-old this theme in an article in the January Art had hardly begun work when they daughter, Nicola. Juris Doctor. The article begins, "I am sent him to Rome and Dar-es-Salaam On the international scene, Paul Mu­ a lawyer. At least that is what I can with a stopover in Entebbe. Art asks ther (honorary '73) will become Re­ call myself by the good graces of the "Can you imagine me negotiating a 747 gional Counsel for Europe and the boards of bar examiners in Massachu­ with Idi Amin, Muammar Qaddafi or Middle East for First National Bank of setts and California, but I have never Ian Smith?" No comment. Anyway, Art Chicago, his present employer. He, Ulla felt comfortable with that definition. I spent December learning about foreign (a pediatrician with an interest in pre­ dislike going to court. I do not enjoy customs in Guatemala and Dallas. Dur­ venting child abuse), 7-year-old Erik relating to other (mostly male) lawyers ing the two weeks he spent in New and 3-year-old Thomas will leave Chi­ in the way that is expected. I have York in February selling a 747 to a cago for London in June. Among other asked myself whether that is because I freight airline, Art introduced me to amenities, this will allow Ulla to spend am not aggressive enough, or look the joys (or at least noise) of rocka­ summers in her native Sweden. Paul young, or simply because I am a wom­ billy music at the Lone Star Cafe. tells me that Bob Masur argued before an. Or am I fed up with the lawyers' Art filled me in on numerous class­ the U.S. Supreme Court in November game?" The article's title clues you in mates, including: Brad Bemis, who is against a City of Chicago ordinance to the answer, it's "Goodbye to Game­ now with the International Dept. of barring certain convicts from becoming playing." Wells Fargo Bank in San Francisco; Al cab drivers. The case, Carter v. Miller, Jon Blue was one of the 15 finalists John, who left the King County Prose­ was reported in a recent ABA Journal in the east interviewed for award of cutor's office for a small firm in a (p. 1364). the Luce Foundation's one-year fellow­ suburb of Seattle (I've also heard that Not all of us have succumbed to ships for study in Asia. The interview Al married a Seattle journalist, Sue wanderlust. Gil Lindemann, still at process included a gala banquet at the Lockett, last summer) ; Rob Colwell, First Wisconsin Trust Co., just bought St. Regis Hotel in New York hosted by who is now doing patent work on the a 27-year-old, 10-story Cape Cod in Mr. and Mrs. Henry Luce. David An­ legal staff of Fairchild Camera and In­ Bayside, a Milwaukee suburb. "Our derson, formerly general counsel of the strument Co.; and Bob Deming, who is neighborhood is exceptionally scenic, California Air Resources Board, has living in Seattle and has become a very wooded, with ravines and Lake started his own environmental and ad-

50 ministrative practice in Santa Barbara. Several other classmates continue to planning a move to a local mountain Rich Young has become a partner of be involved in politics. Conway Collis community (Crestline) and a return trip Holme Roberts & Owen in Denver as reports that "after serving as a counsel to Egypt next year. He reports that of January 1, 1978. and legislative assistant to U.S. Senator Norm and Marilyn (Epstein) Levine Alumni Notes Column, Missing Per­ Alan Cranston for two years in Wash­ had just bought a house in Sherman sons Division: There is only one person ington, I am now directing his field ac­ Oaks. in our class whose location I've been tivities in Southern California. My wife Doug Miller, formerly with the De­ unable to track down. Anyone knowing Amy is a field representative for State partment of Justice, is now in private the whereabouts of Dave Schlissel, last Senator Alan Sieroty. Amy and I met practice in Phoenix. Michael-John Biber known residence in Atlanta, please con­ while we were both working for Sena­ has associated with John Mason, Jr. tact me at the address above. No re­ tor Cranston in D.C." Andy (the Bear) and is practicing law on Sunset Boule­ wards-just the satisfaction of knowing Rubin writes that Mike Ward, with the vard in West Los Angeles. you helped complete the Class of '73 Public Defender in Orange County, is Betsy (Cohen) Fuller has "left Big address list! planning to move to Boston "to help Brother (Department of Justice) and See you all at our fifth reunion this the Republican incumbent turn back the moved to Navajoland. Ron and son fall! challenge of John Fulham's bid for Con­ Jonah (4-13-77) and I live at an oasis gress." The Bear, still practicing with on the painted desert. Ron stays home the San Bernardino County Public De­ raising vegetables, chickens and the baby while I raise the money to payoff 1974 fender's Office, was at time of writing

Craig Johnson Wilson, Mosher & Sonsini AttentionAlumni•.• 2 Palo Alto Square Palo Alto 94304 LastOpportunityto I recently received an interesting let­ PurchaseCelebrationArt ter from Bryant Young, our answer to Jimmy Carter, who is presently in atSpecial LawSchool Price Washington as a White House Fellow A limited number of these making sure the present occupant keeps nine-color offset lithographs, the rugs clean and doesn't scratch the printed on 38" x 25" Rives BFK furniture. "Life here has been fantastic. paper and numbered and signed I put in 11-12 hour days as a Special by the artist, are still available Assistant to Secretary Harris, but love from the Law School for $250. the work. The White House Fellows' Alumni interested in purchas­ ing the lithograph at this special seminar program has also lived up to Law School price, are urged to my greatest expectations. Two to four do so before August 31, when times a week we meet for off-the-record the entire stock will be turned sessions with people like Henry Ford II, over to a private dealer. Arthur Burns, David Broder, Ben Brad­ Orders should be sent directly lee, Averell Harriman, etc. In addition to Celebration Art, Stanford Law there are lots of goodies like dinners School, Stanford, California at the Supreme Court, Christmas Party 94305. Each order should be at the White House, events at the accompanied with a check or money order made payable to Smithsonian, etc. All in all, I'm being Stanford University. (California totally spoiled." residents please add 60/0 sales Bryant also had some news on class­ tax to the price of each print.) mates in D.C. "John Haines works The print will be sent ,in a across the street from me. Frederick sturdy mailing tube; ple:ase add Baron (special assistant to Griffin Bell) $3.00 for postage and packing. and I have had dinner a few times, al­ Note: A nine-color poster though it's damned hard to coordinate (38" by 25") based on the origi­ our workaholic schedules. Dave Rab­ nal work and including the ban and I got together for lunch once On September 1 all prints of words, "In Celebration, Stanford Law School, September 26-27, and ran into each other at the Supreme "In Celebration," the oil and collage created in 1975 for the 1975," will continue to be avail­ Court. It was a double header which new Law School buildings by the able from the Law School for brought us there. Tony was arguing a distinguished American artist, $25. California sales tax and the death penalty case. The case after that Robert Motherwell, will be avail­ $3.00 charge for postage and was the Stanford Daily search case ar­ able only through a private packing also apply to orders gued by Gerald Falk." dealer. for the poster.

51 the law school loans. I'd rather be and spent some time in London. The and dealing in real estate. He and Elaine home too, but the job is interesting, whole thing sounds like a dream. are doing very well. keeps me busy and is even enjoyable Mike Miller has left Munger Tolles Jay and Robin Varon visited us in at moments! Bob Miller is leaving DNA to set up a solo practice in Santa Mon­ November, and looked great (at least and moving to Ukiah (maybe) to work ica. Congratulations and best wishes, Robin did-Jay had a terrible cold). for CILS. He's into Arica these days and may many clients walk through Nancy Hendry and Bill Baer were also and may do that full time instead!" your doors. in California at the same time and we Betsy's with DNA in Tuba City, Ari­ Scott Sugarman has returned to San had a little party for Robin's birthday zona. She mentioned that Beth Auer­ Francisco, and has begun a two-year at our house. Marc and Georgette Vic­ bach (with EPA in D.C.) had some clerkship with Rose Bird. Mike Dunch­ tor were also at the party. Marc is "terrific poems published in a collec­ eon got a business boondoggle to Wash­ now with SRI and enjoying his job very tion of women poets magazine called ington, D.C. and while there saw Allen much. 'Ryebread-Women Poets Rising.' Her Proctor who is still at at the FTC, and Tom and Marty Kildebeck have poem provided the title for the jour­ Fay Armstrong who is with the State bought a house in Montara (just north nal." Department. Fay reports that she is en­ of Half Moon Bay), and have a fabu­ That's all the news this time. I hope joying the State Department and cur­ lous view of the ocean. to make another mailing for the next rently working on the Panama Canal Harold and I welcomed Susan Anne, issue, but unsolicited gossip is welcome treaty. She also recently purchased a our first, into the world on March 27. too. Best wishes to all of you in 1978. house in Washington, D.C. and is busily She weighed 8 Ibs., 3 oz. fixing it up. That's all the news I have for this I got a card announcing that Joe Tar­ column. Please send me whatever non­ ver is now an associate with the firm of malicious gossip you can dig up-it's Chandler, Tullar, Udall & Redhair in great to hear from you! 1975 Tucson, Arizona. Nick Havranek also sent a card-he is with Davis Polk in Mary Cranston New York. Pillsbury, Madison & Sutro Laura Stern and Carlton Seaver were P.O. Box 7880 married last year in San Luis Obispo. 1976 San Francisco 94120 Laura is still with the Morrison & I hope you have all survived the rig­ Foerster firm but has transferred to Emalie Ortega ors of winter wherever you are located. their Los Angeles office. She is currently Office of the Public Defender (I guess I needn't be too concerned for doing primarily tax work. Carlton is 70 West Hedding Street those of you in San Diego who prob­ still with Sheppard Mullin and enjoy­ San Jose 95110 ably spent the season on the beach.) ing it very much. They have purchased "Let's do it!" seems to be the slogan The Pillsbury, Madison & Sutro con­ a house in Pasadena, and looked very for this year's active 76'ers. tingent of the class of 1975 has finally well when I visited them last year. Tino Barbara Roupe and Kathy Kelly lead been broken apart. As you may have and Elaine Kamarck have bought a the list of the brave. They are partners read in the last issue of the Stanford house in Arlington, Virginia, and have in private practice handling sex dis­ Lawyer, Vicky Diaz left Pillsbury to a one-year-old baby. Elaine is working crimination cases, family law, and civil take a job as Assistant Dean of the for the Democratic National Commit­ litigation from their San Jose office. Stanford Law School. When I last spoke tee and Tino is working for the Wash­ (Are they the first of our class to go with her, she was leaving for an exten­ ington firm of Fried Frank. solo?) sive trip in the Midwest for recruiting Don Salas wrote to say that he has More battered than brave: Rick Ertel purposes. It sounds like a great job, and left Jenkins & Perry in San Diego to -broken nose playing basketball last she will make a fabulous dean (but we join the San Diego office of Sullivan fall for Schiff, Hardin in Chicago. Janet miss her at PM&S!).Sandy Miller has Jones and Archer, and has bought a Montgomery - broken finger playing also flown the coop-to take a job with house in San Diego. He reports that softball (also for Schiff, Hardin). Me­ Bain & Co., a consulting firm with Rob Durham is staying as fit as ever torn ligament playing around in discos. headquarters in Boston, Massachusetts. and is still practicing with Durham & Eric Marcus-appendicitis-now back Sandy plans to stay in Boston for a year Durham in La Jolla. Rob lives in La playing piano. and then transfer out to the firm's San Jolla and walks to work-rough life. See how she runs! Wendy Erb can be Francisco office (we hope). Prior to Other San Diegans: Terry O'Malley is seen running through Central Park starting work, he took a three-month still with Gray, Cary, Ames & Frye, (sometimes alongside Bob Bartkus, but, jaunt around the world. According to and Dick Murphy went to Luce, For­ at any rate, a good distance ahead of second-hand reports, he got snowed in ward, Hamilton & Scripps after the the muggers, I hope). At last report, in the Himalayas and had to be heli­ conclusion of his district court clerk­ she'd had a good clocking for a 6.2 coptered out. Also according to second­ ship. mile "mini-marathon." hand reports, he made it up to 19,000 Eric Berson has recently joined a Surely the next goal will be the Bos­ feet. On his way to the Himalayas he small real estate firm, Alexander, Capp, ton 26? spent a lot of time in India, and after Rosenberg & Kole. Along with the legal It's lonely at the top. So says Jim the Himalayas, he went skiing in Europe practice, he reports that he is wheeling Rylee Deen ensconced on the 74th floor

52 of the Sears Tower where he works and D.C. was Rich Ferguson. she has relatives and debtors combined for Schiff, Hardin. (I forgot what posi­ Steve Leach and Dave Federbush are means that somebody else must have tion he plays.) with the FTC. liked her campaign literature. Samuel Ruiz is with the AG in Ari­ Dan Cooperman was in S.F. consult­ Howard Prossnitz and Janet Mont­ zona. Suellen Fulstone is in Reno, Ne­ ing for MacKenzie and thinking of tak­ gomery are planning their wedding for vada. Bob Salazar is in Colorado. Bill -ing a flyer, i.e. solo flying lessons ,over "some time in July." (Her father says Henrich is in San Diego. (I hear one of the Bay area. any date is okay as long as it doesn't his painstakingly produced briefs may Last news I had was that Jonathan conflict with his fishing trip.) be on its way to the Supreme Court?) Kempner was at Fried, Frank but only If you weren't in Los Angeles at the Carl Carlson has been a staff attor­ allowed to wear his wooly purple­ right moment you missed Dan Brenner ney with the Washington State Supreme fuchsia sweater on overcast weekends. appearing at "The Comedy Store" a Court. Also in Washington: Rich Bitt­ Larry Sullivan returned to Stanford couple of times. It's some sort of a ner, legislative attorney for the state's to take part in a symposium titled showcase for new comedians. At last, a senate majority leader. Mary Jo Bittner "After Placement, What?" After clerk­ tale to replace the "Dating Game" is a counselor for foreign students at ing, he stayed in San Francisco. story! After finishing a clerkship with University of Washington and is pur­ The ranks of the landed gentry in­ Judge Matt Byrne in September, Dan suing her MBA. Guy Michelson was in crease. Fran Armstrong bought a house. spent six weeks touring Southeast Asia, Europe last year and is back now in So did Becky Love (now clerking for "almost geting washed to sea off the Seattle actively litigating. (Not true that Justice White; see article this issue). island of Bali." He then spent three he uses the Crothers Pub beer budget So did Abbott Lipsky, Jacky and Blair weeks in Wyoming as a broadcast re­ as a standard for settlements.) Stewart, Mark Wilson, Mike and Myra porter and finally started work with Also in Seattle: Keith Baldwin and Gilfix. The Gilfixes are fixing up the Wilmer, Cutler & Pickering in Decem­ wife Margie who could exchange tips nursery, but we won't know for whom ber. on raising little girls with Mark and until after this issue goes to press. Hilda Bob Salazar is in practice for himself, Ellen Wilson. Sommer Baldwin is al­ Cantu Montoy is also not going to I've just heard. What began as a pro most a year old, as is Karen Elyse make the copy deadline. She is due to bono endeavor has flourished into a Wilson. have her baby in April and will con­ major case involving U.S. and Mexican The Wilsons visited Ed and Kay tinue with Alameda County Legal Aid land-grant treaties. Impressed with Hendren in Palo Alto last December. until baby arrives. Bob's dedication, an alliance of grantees Ed is with Wilson, Mosher, and Son­ Christine Alvarez had a baby girl, has retained him as their attorney. sini. So, too, is Blair Stewart '75. I ran Raquel Mestas Alvarez, born February Jay Spears and Steve Reiss are right into Blair and Jackie Stewart attending 22nd. They're back at Escondido Vil­ in the thick of briefs that came before the Community Legal Services dinner lage for Raul to finish his residency at the Supreme Court this session. Another in San Jose. Jackie was handling an the Med School. "small world" item: Jay, your office exciting sex discrimination case for Nick Miller and Alan Axelrod are mate when you taught in the Philippines Wylie, Leahy, et al. of San Jose. Blair's lawyering in New York and working was my legal aide here in San Jose be­ P.A. firm is starting a branch office in hard-which sounds redundant. fore he joined the State Public Defender San Jose, but the Stewarts will stay in Bob Bartkus' note was cited by the in S.F. Palo Alto. Ninth Circuit. It's not clear from notes Steve Kociol, who took an early de­ Val Saucedo is in Berkeley with the from the East whether he bought a new gree but graduated with us, is also Earl Warren Legal Institute (Housing sailboat before or after such acclaim. with the Santa Clara County Public De­ Law Project). He married Christine Pa­ Great vacations have been logged in. fender. (Their class years I forget, but checo last summer and honeymooned in Wendy Erb takes the prize for a fan­ other Stanford grads may want to know Texas and Las Vegas. I know they tastic trip to Africa. Her interest in that Mike Kresser, David Mann, and were in Vegas because that's where photography produced some great W. Steve Stevens are also with my of­ Cirilo Flores ran into Val in one of slides. (Westerners are welcome to view fice.) those "small-world-isn't-it" items. Ci­ them if you come up for the ABA As for me, I'm doing probate litiga­ rilo is with Blumenthal, Grossman, and meet.) Eric Marcus visited Rumania. tion and daily running into examples of Haven in Riverside. Richard Mallory (with the Nuclear Reg­ Professor Williams' axiom: "Where Barbara Bergman moved to D.C. af­ ulatory Commission) spent some time there's a buck, there's a battle!" In Cali­ ter clerking in S.F. and is with Wilmer, in Greece. Mike and Martha Ostrach fornia, recent legislation has appointed Cutler, Pickering. backpacked in the Sierras and at Pin­ the Public Defender to investigate cases Let's hope that the ABA convention nacles National Monument. Patti Page involving the commitment or estate in N.Y. finds many of you renewing old was in France for two weeks. And I, management of the mentally disabled. friendships. The ABA cocktail party for upon occasion, get to Gilroy. I fend off unnecessary conservatorships Stanford alumni last summer found Janet Embry was researching water and re-examine commitments to the John Sabl chatting cheerfully with Dean law or something in her hometown, Lo­ state hospitals. (Burn-out time: I'm the Meyers and Professor Barbara Babcock gan, Utah, when she took a stab at only attorney this office has for the de­ about her position as head of the Civil running for mayor. She didn't win (and velopmentally disabled cases in this en­ Division of the Justice Department. Also maybe she didn't really expect to), but tire county.) in Chicago on his way to New York the fact that she got more votes than My thanks this issue to the news re-

53 lay team of Erb, Wilson, Flores and has been for the most part lacking in age to escape from the frigid East and Montgomery. Send items to my address recent months, and such has been the fly down here in January, during which above or to Stanford Alumni Office. case for David as well. Thus, I feel it time we went to a Shakey's and downed appropriate to begin this column with a few pitchers in an attempt to relive an impassioned plea-Write. It shouldn't the Pub Nites of yesteryear. Doug is take more than a few minutes to con­ now back at his niche in the Interior dense your activities over the past ten Department, though hopefully he'll 1977 months into printable form, and you soon return to the sunny Southwest. probably all have secretaries who can As for myself, I'm still seeking a po­ type the letter for you. Seriously, we sition more suitable to my career as­ David Margolick shouldn't be losing touch with one an­ pirations (read: I'm still clerking in a 50 Riorbico other so soon after leaving law school. law firm because I can't find a job). 50014 Fiesole (FI) And now, the news, which for this Hopefully, by the time this appears in Italia trip will be basically limited to what print I will have found something, but T~bin Rosen I could glean from those of you who the range of possibilities continually 3801 N. Country Club Rd. have chanced to cross my path in the diminishes. I even applied for a teach­ Tucson, Arizona 85716 recent past. I saw Chuck Theisen at the ing fellowship at Stanford Law School, Our overseas correspondent having swearing-in ceremonies of the Arizona but received a letter from Bob Rabin evidently been unable to provide a suit­ Bar in October. It was pretty unnerving telling me that I inquired too late. I able follow-up to his "terse" twelve­ for me to view all those three-piece guess I should have applied before my paragraph endeavor which appeared in suits, including his, being worn on a first semester grades became known. this space in the last issue, the task has Saturday morning, although I must ad­ In any event, folks, that's all I have fallen, at least for the time being, to mit that even I donned a jacket and tie to report for now. Start those cards and the second-string cub reporter from for the occasion. Chuck was, and I pre­ letters pouring in to either David or me, Tucson. sume still is, with Martori and Meyer or I'll start making things up about you The position of Class Correspondent in Phoenix. Noticeably absent from the and printing them. should be an easy post to fill. However, initiation proceedings, which were held the name of the job, as well as the at Gammage Auditorium at Arizona Editor's Note: Lisa Norsworthy has duties entailed therein, presupposes the State University in Tempe, was Doug left Skadden, Arps in New York to existence of at least some correspond­ Fant, the triple-threat man of our Ari­ work in the Investment Management ence, preferably from a strong cross zona team. Doug is off in Washington, Division of the SEC in Washington. She section of the class. This vital element D.C. being a bureaucrat. He did man- will be living in Arlington, Virginia.

Although the production process It's a Girl lagged some two weeks behind early expectations, Cheryl has justified this renown once again with the May fourth birth of her first child, Alexis Caroline. The final product proved worth the wait. Demonstrating a fondness for seven (the mystical integral of medieval numerology) Alexis arrived at seven minutes to seven, weighing seven pounds, seven ounces. John Ritchie, an objective observer on the scene (and the father), justified his own reputation for coolheaded impartiality when he declared Alexis, "the most beautiful baby ever born." All of us at the School send Cheryl Ritchie, Director of Alexis and her parents our very Publications, is well known at best wishes. And we look for­ the School for meeting the most ward to Cheryl's return and her pressing production schedules reaction to this carefully guarded with work of the highest quality. final item.

S4 Mr. Wrenn was a loyal sup­ InMemoriam HeatonL.Wrenn porter and volunteer for Stan­ 1900-1978 ford, particularly the Law School .. He was a supporting member of 1910 Sydney Frank the Friends of the Law Library and Law Fund Regional Chairman 1911 Dean Marion Rice for Hawaii. His Stanford interests Kirkwood also included the Athletic De­ January 8, 1978 partment and the Buck Club, of 1914 W. Sherman Burns which he was an Area Leader for January 5, 1978 Hawaii. His keen interest in Stanford sports began in his un­ 1917 Harry J. Denhart dergraduate years when he ex­ January 6, 1978 celled as a rugby player and competed in the 1920 Olympic 1919 Dicks·on F. Maddox Games. He received his A.B. in August 21, 1977 1922. 1923 Theodore E. Bowen His directorships included the May 17, 1974 Classmates and friends of Bank of Hawaii, Hawaii Electric Heaton L. Wrenn were saddened Company, Dillingham Corpora­ 1924 William E. Harcourt to learn of his death on January tion and Cooke Trust Company. November 26, 1975 16, 1978. Among his numerous other affil­ Heaton L. Wrenn A former president of the iations were, the American January 16, 1978 Hawaii Bar Association and di- Judicature Society, Hawaii Bar 1925 Lewis Hayd Leve rector of a number of Hawaii Association (of which he was October 10, 1977 business firms, Mr. Wrenn went president in 1945-46), Hawaiian into private practice in Honolulu David M. Oliva Sugar Planters Association, and January 22, 1978 immediately following gradua- the Strong Foundation, of which tion from the Law School in 1924. he was a former secretary and 1927 Paul T. Wolf In 1968 he became "Of Counsel" trustee. February 15, 1978 at the firm of Anderson, Wrenn & Mr. Wrenn is survived by his Jenks (now Goodsill, Anderson & wife, Carolene, a son, two 1928 David Freidenrich Quinn), after more than 40 years daughters, a brother, and eleven March 15, 1978 in practice. grandchildren. Raymond B. Haizlip November 11, 1977 1929 Joseph O. Smith November 1977 1930 William A. Evans January 31, 1978 Hon. Stanley K. Lawson November 13, 1977 1932 Hugh M. Lindsay February 24, 1978 Herbert E. Wenig February 21, 1978 1933 Everett G. Harris December 17, 1977 1934 Warner Edmonds, Jr. November 1977 1937 Carl P. Abbott February 18, 1978 1948 Robert E. Moock January 16, 1978 1949 James R. Edwards July 31, 1977 1950 Harry J. Simon October 1977 1957 William L. Guilfoyle November 15, 1977

55 Alumni Weekend November3&4,1978 Make Plans NowTo Attend

Activities will include:

B,locs of rooms will be held until October 2 at the following motels:

3398 EI Camino Real 4271 EI Camino Real Palo Alto 94306 Palo Alto 94306 Phone: (415) 493-2411 Phone: (415) 493-8321

625 EI Camino Real 531 Stanford Avenue Palo Alto 94301 Palo Alto 94305 Phone: (415) 328-2800 Phone: (415) 327-3550

4219 EI Camino Real Palo Alto 94306 Phone: (415) 493-8000

More information will be sent this summer. /

Photo credits: Arizona Weekly Gazette, p. 27; Dave Bockian, p. 29· (col. 1), p. 32 (coL 3); Tom Camp '79, p. 31 (col. 1); Mike Jehle '79, p. 32 (col. 2); Ken Kaslow'78~ p. 30; Bill Lawson '77, p. 28 (col. 2 ~ 3); Los Angeles Daily Journal, p. 43; Jose Mercado, pp. 1,32 (col. 1); Cheryl Ritchie, pp. 26, 51, 56.