The Caveat, September 1969

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9-1969 The aC veat, September 1969

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This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. VOLUME 5, NO. 1 GOLDEN GATE COLLEGE SCHOOL OF LAW SEPTEMBER 1969 Vincent Hallinan To An Interview With Speak At Golden Gate The Dean The National Lawyers' Guild Chapter, Dean Bader recently consented to an in in conjunction with the Student Bar As formal interview with the Caveat. In the sociation, will present Attorney Vincent interview, the Dean discusses new plans Hallinan as a guest speaker on Monday, and stresses his policy of friendliness and October 13th at 12:30 in the 5th floor concern for student problems. auditorium. Vincent Hallinan is one of the most AN INTERVIEW WITH THE DEAN prominent trial attorneys in America, as CAVEAT - Congratulations on your se well as one of the most controversial. lection as new Dean. Dean Bader (Ief!), Editor Walter Gorelick (cen Recently, Hallinan defended his attorney ter), and Faculty Chairman Professor Michael son, Terence, against a felony charge of DEAN - Thank you very much. Golden (right) discussing the CAVEAT. assaulting a police officer during demon CAVEAT - In the next few minutes we DEAN BADER - A PROFILE strations last May at S.F. State College. would like to discuss some of your plans Terence, a speaker at the law school the J. Lani Bader has been appointed Dean for the law school. of our law school. To those who know last two years, was acquitted on the assault First, in what shape do you consider Dean Bader, his impressive qualifications charge. the law school to be now - i.e., growth point to him as a man of ability and Vincent Hallinan achieved prominence wise, reputation, physical plant? leadership. Even more valuable, if that is _ in California by :xpo~ing judicial ~avor~t- possible, is the new Dean's concern for • ism and corruptIon III San FrancIsco III DEAN - The reputation of the school is the students. Now that he has obtained the 1930's and later gained national good, although there is still room for im the top position in the law school, a new prominence by successfully defending provement. The addition of new faculty atmosphere conducive to reason, not pol labor leader Harry Bridges whom the gov and the realization of our improved physical plant will help enhance the icy, is bound to bring the impetus needed ernment was trying to extradite as a Com if we are to compete successfully with school's reputation. Of course an impor munist. Although a very successful attor other top law schools. ney, Hallinan is a self-styled supporter of tant factor is how the school does on Dean Bader was born in 1932 in Hono the working class and the struggle of future bar exams. lulu, Hawaii. He is married and resides minority groups for social justice and CAVEAT - Do you feel our law school with his wife and three children in Mill equality. His au tobiography is en titled "A Lion in Court" and is a must for anyone will advance into new areas? Will there be Valley. The Dean attended college at the who wishes to learn more about one of more of an involvement in community University of Hawaii and received his law America's most courageous and eloquent affairs? degree from the University of Chicago. dissenters. He is a member of the New York and DEAN - It is my feeling that the law California Bars. In San Francisco, the Hallinan's last speech before law stu school will playa greater role in commun dents (at Hastings) resulted in his being Dean practiced law in the firm of Pills ity affairs than ever before. A law school bury, Madison, and Sutro. called before the State Bar re his remarks must no longer b(' isolated from the com on the Bank of America, the S.F. courts, munity. We have recently inaugurated a and the legal profession in general. Legal Clinic program which in all mod meet with the eveping students. Any eve The meeting on October 13th is open esty promises to be th~ best in the coun ning student may phone me during the to all students and faculty. try. Already, we have placed law students day and I will be glad to make an ap in the field with attorneys in all areas of pointment to see him and, if necessary, BULLETIN practice, as interns with local judges, and stay later. My door is always open to any An ad-hoc comm ittee of law stu with the Berkeley Neighborhood Legal student. Professor Golden and I will an dent s announced they wou Id pe Services in a new office. tition theadministrationto cancel swer questions from students once a month in an open forum sponsored by classes on October 15th. This CAVEAT - What will be your policy in the SBA. day has been designated by anti meeting with students, specifically night war groups as a national protest students, who have not had much contact CAVEAT - Thank you, Dean, for spend against the Vietnam war and sup with the administration in the past? pression of dissent at home. ing time with us. We are aware of your busy schedule. Schools across the country have DEAN - I will be at school at least once been asked to participate in a week at night in order to be able to DEAN - You're most welcome. this action. is a tough question, since incorporation Rent Strikes & Formation of a Tenants' Union makes it easier for the landlords to enjoin (Ed. Note - Recent rent hikes and the union is quite strong. Filing a lawsuit, or the union from withholding rents or tak growing demand for low-cost housing taking any other affirmative action with ing many other types of action. However have thrust into the news increasing dis the courts only dissipates the energies of failure to incorporate might leave ~~l~ in_ content and demands for action on these the group, since court actions usually dividual members open to personalliabili- problems. In this short but persuasive ar take a long time to resolve, and afford the ty for union activities. Further, they may ticle, Attorney Moss illustrates how the union's members few opportunities to ac be compelled to defend these actions in formation of a tenants' union can combat tively participate in the events. Thus, use distant forums (e.g.: NEBEN v. PEACE & the slum landlord and the rent gouger. the courts only defensively. . . FREEDOM MOVEMENT, et al, No. Glen Moss is a graduate of U.CL.A. and 2) The attorney should remember he 56973 No. Orange County Muni. Ct.) received his Juris Doctor from Boalt Hall represents the Union, not individuals. (2) It is generally easier to attack a law school. He currently practices in Thus there is a danger of conflict of inter moderately large landlord with many Berkeley. est if he agrees to represent an individual units since he may be thinly capitalized, member of the tenants' union without and more willing to approach the matter By: Glen L. Moss, Attorney at Law the approval of the union. Also, for the from a purely economic standpoint. In most cities, the demand for low cost group to become strong, the members Small landlords often take it as a personal housing far exceeds the supply. Thus, ur must learn to rely on it and use it to solve affront when tenants accuse them of in ban landlords have no trouble finding ten their problems. Thus, it should be the adequate maintenance. Also, they often ants even when they charge outrageous decision of the union to seek the advice have small mortgage payments and are rents, and fail to maintain their apart of an attorney for a problem. Often, the able to withstand an attack since they ments in sufficiently good condition to union will decide that it should approach have other sources of income. However, meet the requirements of local health and the landlord himself, rather than use the in order to attack a landlord who owns or safety codes. Tenants complaining about attorney. This is fine and should be en manages many units, the union will have the inadequate housing are easily replaced couraged by the lawyer representing the to do an effective job of organizing ALL by less troublesome persons. In addition, union. units of that landlord. Obviously, the the complaints generally go unheeded by 3) The lawyer should let the tenants more tenants to join, the better. local building departments which are un decide which issues are important, and not (3) The union should probably charge derstaffed; and the staff they do have is seek to dictate the priorities. This warn all members some dues. This will give the often unsympathetic to tenant com ing also applies to differences in tactics. tenants the feeling they are really a part plaints. Taking the landlord to court is The attorney should advise the union on of something. Also, it gives the union also generally futile because the landlord the political and legal problems associated money to finance it activities. tenant laws are heavily oriented in favor with emphasis on various issues and tac (4) The union should prepare a sum , of the landlord and legal fees will usually tics. However, the union itself must make mary of common housing code violations be prohibitive. the final decisions. Otherwise, there will and urge each member to report the viola When a group of tenants recognizes be less enthusiasm and the union will tions in his department to the union. these problems, and becomes determined probably not succeed. These are then classified by the union. to improve its position, then they will 4) When members of the union suggest Likewise, the union should classify the form a tenants' union. This article will actions that are clearly illegal, the attor rents in the various buildings to make summarize the objectives, problems and ney should advise them of the possible sure they are the same for similar units. role for the attorney who is representing consequences. However, he should refrain such a tenants' union. The tenants' union from making moral judgments. If the POSSIBLE TACTICS: will represent the tenants, and bargain union decides on an illegal action, and (1) Picketing: Often it is useful to pick with the landlord about rents, repairs, arrests take place, the lawyer should con et around the home of the landlord, as and living conditions. The union MUST sider the political implications of various well as the actual unit. The problems are be an ongoing operation which will nego possible actions. (e.g.: It is often an effec similar to those involved in labor union tiate master leases for all tenants and han tive political tactic to leave one or two picketing prior to the N.L.R.A. (e.g.: the dle complaints of tenants. In this way, its leaders in jail rather than using the same sorts of problems encountered by function will be analogous to that of a union's limited funds to bail them out.) the Farm Workers' and Social Workers' labor union operating without the benefit 5) The lawyer must not be the leader, unions). of the N.L.R.A. or take on the appearance of a leader, of (2) Rent Strike: This involves consid The lawyer representing the tenants' the union. As technical advisor, he need erable advance planning on the part of union will have a difficult philosophical not be an officer or director of the group. the attorney and the union. The union problem in defining his role in relation to The result of following all these admon must have a bookkeeper to keep accurate the union. His specialized knowledge of itions is often a frustrated attorney, since records of which tenants are paying their the law, negotiation, and the operations the group will often make mistakes and rent, and make sure all tenants do in fact of other tenants' unions will cause many pursue actions deemed unwise. However, pay the rent to the union. The money is of the tenants to rely entirely on his in the long run, it will be a more effective then deposited in a trust fund and held advice. This prevents the natural leaders organization - and will probably be more until there is enough economic pressure in the union from emerging, and prevents successful, since the members will work on the landlord to compel him to negoti- , the union from becoming a strong, viable harder and achieve more unity. ate. After the union gets new, re'li~e< group. In order to minimize this problem, leases for the tenants, it turns over part 0(' the following tips on what NOT to do are PRACTICAL CONSIDERATIONS: the money in trust to the landlord. The included: (1) The attorney must consider the ad tenant gets a refund of the difference 1) Do not file any lawsuits until the visability of incorporating the union. This continued on page 10 -2- LAWYERS' GUILD EDITOR'S NOTE We would like to take this opportunity in the first issue of the CAVEAT this year .. to reiterate some of the goals and past With this issue the Caveat begins its • activities of the National Lawyer's Guild fifth year of publication. Under Harvey Chapter at Golden Gate. Levinson, last year's editor, the paper The Guild chapter was formed (cf. Oct. grew in size and relevance. This year the 1969 issue of CAVEAT) with the promise staff hopes to further improve the Caveat that our programs would help increase and make it a publication that will not the awareness and concern of students for only help to further legal education but problems of our society. Racism, the war deal with issues affecting all students at in Vietnam, the plight of the poor in our Golden Gate. cities are the areas of concern that the In this perspective, the paper will con Guild has tried to focus on and relate to tinue to deal with grading procedures, our law students and the legal system. new athletic programs, school organiza In the past two years the Guild chap tions, etc., but will also present articles ter's main thrust has been educate and written by attorneys on topics of contro familiarize the student body and other versy and interest to law students and the guests as to the goals, policies, and aims legal community. It is not intended that of our organization via the presentation the Caveat serve as a law review, as we are Michael Hallinan, spokesman for the National of noteworthy speakers. Not all of these mindful of the important contribution Lawyers' Gui Id Chapter at Golden Gate, our honor students make through the speakers held similar ideological views, discusses this year's program with evening nevertheless, the Guild has always made student Sandra Wood. publication of the Bancroft Whitney "An clear our organization's position that radi nual Survey of California Law"; neverthe cal changes are needed in our society to Selective Service System; Terence Cannon less, it is felt that articles by attorneys correct the many inequities that exist. on the "New Left, Conspiracy Laws, and will enhance not only the Caveat, but also Some students have expressed the view the Oakland Seven"; Carl Braden of the the reputation of our school as an inno that the Guild should present all sides of Southern Conference Educational Fund vator in the field of legal theory and every issue in the educational programs discussing sedition laws and civil rights practice. presented, but we reject that position. organizing in the South, and Dean Elmer I t should be noted that this paper will For Guild members, there are no two Cooper with student leader Bill Middle continue to present differing viewpoints, _ sides on the issues of racism, foreign ago ton, who delivered the position and goals if they are well written, and a Letters to • grandizement, and the growth of the mili of strike supporters at S.F. State College. the Editor column as a regular feature in tary-industrial complex in this country. Other activities of the Guild have cen future issues. Another policy that has al Guild members believe strongly in the tered around encouraging student partici ready been implemented is the inclusion elimination of these evils, although we pation in Peace Marches, and involvement of women on the staff. In fact, women, may differ among ourselves on the meth in student body affairs. Our last affair who have been discriminated against ods and strategy of how to restore gov was the showing of two fIlms, one on quite severely throughout the legal pro ernment to the people and how to take it Huey Newton and the Black Panthers and fession, will have an opportunity to air out of the hands of the militarists. the other on the Spanish underground in their views in next month's issue, which Our organization will continue to tell it 1968. Perhaps our most rewarding effort will be dedicated to the woman law stu the way we see it in the conviction that has been to cause people to start discuss dents and attorneys in the Bay Area. when the truth is made available, people ing questions that affect the lives of each In this issue, I would like to especially will change their attitudes and pre-con one of us. If we have contributed in the direct attention to our two feature arti ceptions. We do not claim to have a mon least bit to the growing activist spirit at cles, "Challenging Racial Exclusion On opoly on truth, but we will continue to Golden Gate, then we look with hope to The Grand Jury" by Oscar Zeta Acosta, present speakers whose views are too lit the future. Founded by Dennis Zicker staff attorney in the Los Angeles office of tle heard in this country in the hope they man, Gary Feller, Guy Jinkerson, Art the Mexican-American Legal Defense and will shed some light on some of our cru Levy, and Joe Gruber, all recent gradu Educational Fund and "Rent Strikes and cial problems. In this regard we have pre ates, and by Walter Gorelick, new CAVE Formation of a Tenant's Union" by sented such speakers in the past two years AT Editor, the Guild chapter here looks young attorney Glen Moss in private prac as attorney Terence Hallinan, who spoke to a promising fure with your continued tice in Berkeley. on the Ron Lockman case and the Viet support. Look for program announce In conclusion, let me thank Dean Lani nam War and who returned last year to ments on the bulletin board. Bader for his cooperation, and in behalf discuss the problems of increasing police of the staff wish him well in his new lawlessness and the Tactical Squad. Also FACULTY CORNER responsibilities. To the new students, who last year, Attorney Charles Garry spoke will find the first year the hardest, I will eloquently on the Huey Newton case and cont i nued from page 4 be glad to answer any of your questions his advocacy of a need to change the jury committees are as follows: Michael Gold or air your problems in the Caveat. To e system to relate more to minority groups en, Curriculum; James Smith, Finance; the night students, who often feel school and the poor. Other Guild speakers last Allan Moltzen, Personnel; Lawrence programs are not designed for their bene year included: David Krupp, attorney for Jones, Admissions and Academic Stand fit, let the Caveat be your forum for Playboy Magazine, speaking on the law of ards; Judith McKelvey, Student Affairs; change. defamation; attorney Ann Ginger on the Roger Bernhardt, Clinical Studies. Walter Gorelick -3- NEXT .~SSUE Next month's issue of the CAVEAT will feature articles by women law students at Golden Gate. In addition, attorney Fay Stender has written a short feature article entitled "White Juries and Black Defendants Under The Law Of The Land." Attorney Stender is a former associate of Charles Garry and is now a member of the Berkeley firm of Franck, Hill, Ziegler and Hendon. The article focuses on the use of the peremptory challenge to exclude black people from juries in San Francisco and Alameda County. Fay Stender's article is a further illustration of the exclusion from juries of minority groups as pointed out in the feature article in this issue by Attorney Oscar Acosta. Also appearing next month in the CAVEAT is a column entitled "Like It Is" by Samuel De Lorenzo. This Newly elected members of the Student Bar Association. In the bottom column, written in a humorous, satir ical, and human interest vein, deals row from left to right are Treasurer Tony Rothschild; Secretary Stuart with issues and personalities at Blecher; President Jon Rutledge; Vice-President Jerry Lerch. In the Golden Gate. top row from left to right are Class Representatives Jerry Davi, Walter Finally, look for an analysis of Gorelick, Charles Haughton, George Rothwell, Penny Rosenberg and the law school's new grading policy. The new policy had not been ham Jim Ellis. mered out by the time of publication and editorial comment had to be de- ferred until next month. Trial Tactics Symposium F ACUL TY CORNER , TRIAL TACTICS SYMPOSIUM The succeeding presentations will follow The new faculty chairman is Michael It is the announced intent of the Stu this general format: the speakers will pri M. Golden, recently promoted to full pro dent Bar Association to inquire into the marily deaJ with neither substantive nor fessor along with Lawrence H. Jones. advisability and practicality of introduc adjective law but rather with the strategic A new addition to the full-time faculty ing new material into the curriculum of factors which govern such a trial. is Roger H. Bernhardt. Mr. Bernhardt is a the law school whether by integration Following is the outline of the sympos graduate of the University of Chicago, with, or addition to, already existing ium, the topic appearing at the left, and where he was a member of Law Review courses. It is felt that the student could the speaker and his firm name following: and earned the Order of Coif. He has best be served by designing at least some 1st - "Attorney-Client Relationships" taught at Golden Gate and at Boalt Hall. of these courses along practical, basically - Joseph E. Smith; Smith, Paduck, Clan Faculty representatives on law school non-academic lines; courses which would cy & Wright continued on page 3 reflect the problems and considerations 2nd - "Opening the Trial" - Richard of actual practice and which would hope D. Bridgman; Ericksen, Ericksen, Kincaid, Superior Court fully serve as a transitional link between & Bridgman Attendance at these meetings is by ne study and practice. With that objective in 3rd - "Trial Preparation" - Robert E. cessity limited by several factors, most mind, the SBA has sponsored an experi Wallach; Walkup, Downing, Wallach & important of which is availability during mental project, in the form of an eight Stearns the lunch hour and a willingness to work week symposium, which focuses on ex 4th - "The Attorney and the Bench" toward ultimately producing a handbook tra-legal, but nonetheless critical aspects - Richard J. Siggins; Gudmundson, Sig based upon the symposium. However, it of personal injury jury trials. gins, Stone & Goff cannot be ignored that the entire student At the time of this writing the first 5th - "Witness Examination" - Philip body, and especially the night students, meeting of this "Trial Tactics Symposi E. Brown; Hoberg, Finger, Brown & should not be excluded from what prom um" has been concluded; by the time of Abramson ises to be an informative and exciting publication, the second meeting will have 6th - "Arguments" - J. D. Burdick; series of lectures. Therefore, each pre been likewise convened and concluded. Carroll, Davis, Burdick & McDonough sentation will be video-taped and arrange The first speaker addressed himself to the 7th - "The Medical Witness" - Rich ments will be made for a suitable time to topic of" Attorney-Client Relationships" ard D. Bridgman and Donald H. Kincaid; show these tapes to both day and night - that is, methods of avoiding or han Ericksen, Ericksen, Kincaid & Bridgman. students. , dling potential personal conflict over such Robert J. Collins, M.D.; Orthopedic Sur Gary T. Drummond & dire judgmental areas as degrees of liabili geon, Kaiser Hospital Robert E. Jensen, ty, valuation of injuries and whether or 8th - "The View from the Bench" - Co-chairmen, not the case should be litigated or settled. Hon. Raymond J. Arata; Judge, S.F. "Trial Tactics Symposium" -4- BAR EXAM REFLECTIONS quality of these lectures varies greatly adequately know the mandatory ten sub- By Alan Yengoyan J.D. from indispensable to almost wasteful. jects of the examination by at least two (Ed. note - Mr. Yengoyan is a recent While most of the day school graduates weeks before the test. I recommend not graduate of Golden Gate Law School) from Golden Gate took Bay Area, both studying the four optional subjects at all; ~ courses are basically comparable in qual- 3) Make a short fifteen to thirty page ;; Having taken the California Bar Exam- ity and should be chosen essentially by outline of every subject for use in the ination last month, I have been asked by how the outlines appeal to you and by final weeks before the examination; 4) the editor of the CAVEAT to share some the time and location of the lectures or Try to study at least six or seven hours a of my thoughts upon it. Undoubtedly, it tapes. Both courses cost two hundred dol- day in addition to the course lectures, but is an experience that you will earnestly lars. do not exhaust yourself. You are better hope to endure only once. Yet, with over With the increasing competitiveness off going to a movie, watching television thirty-four hundred students taking last and difficulty of the examination, there is or going to sleep than studying when you month's examination, it is very probable a growing emphasis on the mastery of are tired; 5) Answer only what the ques- that nearly half of those will have to take proper writing technique and question an- tion asks - no more or less. The graders it again. The examination is given in the alysis. This is of crucial importance be- are primarily interested in whether or not first week of March and in the last week cause of the limited time allowed to an- you see the possible legal issues in the of August. You are to answer four ques- swer the questions, but it is no substitute question. Write these issues in your an- tions in each of five three-and-a-half-hour for a good understanding and recall of the swer first whether or not you write any- sessons, stretched over two and a half substantive law. I would highly recom- thing more. Also, do not forget to allo- days. The cost is seventy-five dollars per mend the taking of a writing technique cate your time; 6) Most important, you examination and you can expect a three- course in addition to one of the subs tan- should have a proper state of mind when month wait before the results are an- tive law review courses. At the very least, you take the examination. A mental atti- nounced. however, you should acquire copies of tude of do or 1ie will probably cause you Most students in preparation for the prior Bar examinations and practice an- to fail. Always remember that you can examination enroll in one of two review swering them in the allotted fifty-two- take it again. Failure is NOT final and courses available in California - Bay Area and-one-half minutes per question. forever. A positive attitude of self-confi- Review Course and the California Bar Re- To conclude, here are some random dence in your ability to pass or an atti- view Course (Wicks). Both courses supply thoughts I believe well worth considering: tude that you will do the best you can fairly complete outlines of the fourteen 1) Unless you are exceptionally bright or without fear of the thought of necessarily subjects on the examination as well as an very financially pressed, you should avoid doing it again will keep you from "freez- approximate ten-week lecture series on any outside employment and devote full- ing" when you take the examination. 7) the law before each examination. The time to studying; 2) Unless you feel you Good luck. ().. ----3-9--4-5-ST-E-V-E-N-SO-N---- ..------~ Bel£iSB91 Kenneally' 5 "tb wu \ goa FWltJAfi FINE CANDIES .. 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-5- LSD/ABA ANNUAL CONVENTION right, has demonstrated tenacity and ad NATIONAL MOOT COURT During this past summer I had the priv ministrative ability, and most important, COMPETITION ilege of attending the annual convention tremendous enthusiasm. I am confident During the summer of 1969, Golden of the Law Student Division of the that under his leadership this organization Gate College of Law received an invita- • American Bar Association (LSD/ABA) will truly provide law students with well tion to compete in the National Moot. held in conjunction with the ABA con organized, highly relevant, and appropri Court Competition, which is sponsored vention August 11-14 in Dallas, Texas. ately funded programs. by the Association of the Bar in New This was a valuable opportunity to more In addition to the workshops, resolu York City. The competition is held to thoroughly acquaint myself with an or tions, and elections, a concerted effort encourage the art of appellate advocacy ganization dedicated to the coordination was made to draft new and more definite among law students, and also to provide a of law student efforts and enthusiasm on by-laws. The draft was then amend.e.d and common meeting ground for judges, law a nationwide scale and to the establish tentatively accepted by the House of Del yers, faculty, and students. The competi ment of meaningful and effective pro egates; it will be more thoroughly consid tion last year involved over one hundred grams at every level of social involvement. ered again next year. law schools from sixteen different re The week's agenda began with several Another extremely productive endeav gions. two-hour workshops covering such topics or was a meeting at which SBA presidents The competition itself consists of Re as student rights and responsibilities, exchanged meaningful ideas as to the op gional Rounds and Final Rounds. The minority enrollment, pre-law education eration of their respective student associa teams that win regional rounds, held in (high school speakers programs) and pro tions. A report of this meeting will be late November, advance to the final posed standards of legal education. Next, sent to each law school. It is anticipated rounds in New York City. Only one prob the Board of Governors (consisting of Cir that there will soon be a close working lem is argued through all rounds of com cuit Vice Presidents elected at confer relationship between the LSD and SBA's petition; it is usually something broad in ences earlier in the year, and executive across the country so that any new pro the nature of a Constitutional law ques officers elected at last year's convention) gram or innovation can be communicated tion such as free speech, criminal due met to consider twenty-four resolutions. nationwide. process, etc. If accepted by majority vote, these reso I t was unfortunate that the scheduling Although Golden Gate has received an lutions would then be eligible for passage of law student activities did not enable invitation for this year's competition, it by the House of Delegates (consisting of most of the delegates to enjoy many of decided not to enter this year. A National one voting delegate from each ABA ac the ABA symposiums and speeches that Board has been set up at Golden Gate, credited law school). These resolutions would otherwise have been available. It is, and several of its members began work ranged in scope from an expression of however, Significant to note that law stu last spring toward the selection of a team dissatisfaction with violence on campus dent voting representation has been ex for the 1970 National Competition. ~ . to the LSD's admission of law students panded into many sections of the ABA, The goals of the Board, however, are. from non-accredited law schools. Though and the ABA has demonstrated increasing not limited to just one competition. We some of these resolutions stretched far willingness to support student projects hope that the 1970 team of three indi beyond the organization's practical and increased concern with student opin viduals will be just the first of many to sphere of influence, I think they indicate ion. come. The members of the Board (Martin a promising trend of law student com I am hopeful that students this year Hochman, Ronald Lu bey, Eldon Sellers, munity involvement and social conscious will join the Law Student Division of the Mike Gridley, John Bohrer and Geoffrey ness. American Bar Association. The three-dol Russell) started work last Spring by se Following the initial discussion of reso lar membership fee qualifies any law stu lecting twenty students from the first lutions, the election campaigns officially dent to participate in ABA-funded pro year's Moot Court competition to tryout began with nominating and seconding grams and receive publications of the for the National team during their second speeches. The political aspects of the con ABA sections as well as a full year sub year. Although we felt our first efforts vention were very disappointing. Long scription to the Student Lawyer Journal. were rudimentary, to say the least, we caucuses and high pressure tactics con During the first few months of this year, felt that the people we asked were of the sumed time, energy and funds far out of information will be available as to the potential caliber needed to form a repre proportion to their value in demonstrat specifics of these programs and other op sentative team. Going farther, so as not to ing the candidates' qualifications. It is portunities that will be available to you as preclude any other interested individuals, anticipated that next year's schedule will members of this organization. we posted a notice extending an invita alleviate much of this problem. Elections Harvey R. Levinson tion to other first-year students who had should be completed by the second or LSD Representative not been among the original invitees. The third day of the convention and the re invitation to tryout still stands. If you maining days be more propitiously sched are still game, contact one of the above uled for the initiation and development Board members. of programs and a fuller exchange of MORGAN & BARCLAY CO., INC. The Board members are also working meaningful information. headquarters for to select a suitable problem and judges to Though the means could not be justi participate in a two-round set of elimina fied, I believe that the end result proved tions. One round will be set for the first satisfactory in terms of the individuals College Supplies week in December, and the final one in • : that were finally elected. John Long from early April. ~ , Southern California is now the organiza It should be clear that the outcome of tion's president. His brother Ted, inci 561 Mission Street 982-4321 this second-year competition is to be two dentally, is a Golden Gate alumnus and San Francisco, CA 94105 fold. First, we will be selecting a three- former Circuit V.P. John, in his own continued on page 10 -6- CHALLENGING RACIAL EXCLUSION ON THE GRAND JURY structures, the Chicano militants agreed to call off their activist demonstrations THE EAST L.A. 13 vs crease at twice the rate of the Anglo and instead plunged into orthodox politi THE L.A. SUPERIOR COURT majority throughout the entire Southwest cal activity behind a Mexican American where, in one fast and furious year, they candidate to the state legislature. With it Ed note - The Caveat is indebted to have without precedent adopted a nation the crucial California law-and-order pri Attorney Acosta of the Mexican-Ameri alistic, militant posture all their own with mary but a fortnight away, and while a can Legal Defense and Educational Fund a zeal and cry the Anglo assumed had roaring heat/smog summer taunted the for permission to print this important and died, if not with the grant of citizenship BATOS LOCOS (crazy guys) in East L.A. provocative article. Proud of his heritage, under the treaty of Guadalupe Hidaldo, to fantacize of their own 'Watts' the proud of his people, Oscar Acosta details at least with Zapata. seemingly cool prosecutorial officers of in this article the exclusion of Spanish Whatever their elders and the more af this bombastically flamboyant city of sev speaking people from the Grand Jury in fluent may have thought - the subjunc en million transplants got up tight and Los Angeles over the years. The situation tive is required in recognition of the nearly blew it. in L.A. is only a manifestation of the myriad opinions - for the young (13-25) Singling out thirteen of the Chicano problem throughout California, and At Mexican American and for the pre-Viet "leaders," D.A. Younger and Police Chief torney Acosta points out the growing mil Nam veteran, (26-40) their siesta ended Reddin - both rumored to be in line for itance of young Chicanos who will no with the East Los Angeles WALKOUTS the Nixon administration at the time longer tolerate injustice anywhere. of March '68. Living in burgeoning BAR went for broke: Despite the School RIOS, collectively known as East L.A., Board's grant of amnesty to all students By Attorney Oscar Zeta Acosta and dropping out of their delapidated, and teachers involved in the WALK One million Mexicans live in Los An segregated high schools at a fifty percent OUTS, on May 27th of '68, the Grand geles County. Thirteen (13) percent of rate, thousands of these quiescent, brown Jury returned shot-gun indictments the population, they constitute the larg "Chicanos" organized and boycotted against THE EAST L.A. 13 on fifteen est ethnic minority in America's largest their schools during the first week of (15) separate counts of conspiracies to county; a local government which osten March, 1968. disrupt the public schools; felonies, pun tatiously celebrates their dying traditions The myth of the passive Mexican blew ishable by up to forty-five (45) years in and ostensibly perpetuates their ancient, up in this anxious city's poisonous air as the state penitentiary ... in effect, a life Hispanic/Indio culture but does not, ac waves of mini-skirted, brown-skinned, sentence! cording to recent arguments before a black-haired girls echoed in tandem the With the Grand Jury's recommenda three-judge CALIFORNIA COURT OF angry, clenched-fist cry' of these new tion of ten-thousand dollars bail for each APPEAL, protect and provide for them MACHOS in the BARRIOS: VIVA LA of the thirteen defendants, and with the a with equality under law in the selection RAZA! CHICANO POWER! EDUCA dramatic, co-ordinated roundup in their ,. of the county Grand Jurors which sat but TION - NOT ERADICATION! These homes and in their organizational offices a token three (3) of them in the past ten were the new GRITOS, the young, brown the last weekend of the primary, the fight years. radicals (sporting cocky brown berets and was on: Immediately the traditional, po Because an effective challenge to the khaki field-jackets) exhorted their pov litical activity ceased; the issues were no composition of a Grand Jury results in a erty-ridden, black-eyed CAMARADAS to longer discriminatory education. Now it reversal or "quashing" of the indictment, yell to the GABACHO (gringo) as they was abusive and excessive prosecutorial and because the issue has never been suc marched to the School Board with their power by an unrepresentative government cessfully litigated in a California Court - proposals previously hammered-out at - a tailor-made issue for these young, it was denied in both the HUEY NEW ubiquitous community meetings over a Chicano nationalists. TON and the SIRHAN cases - the legal six-month period. More Mexicans are concentrated in the ramifications are enormous. Where the Throughout the Spring and early Sum city of Los Angeles than anywhere else, further issue of racial discrimination in mer of '68, their demands were presented with the exception of Mexico City_ Fully the selection process is attributed to the orally and in writing to a School Board cognizant of the political significance and Superior Court judges in this day of judi already burdened with "Black" demands consequences of their actions, THE EAST cial inquiry - see, e.g. Abe Fortas - the and an apathetic constituency becoming L.A. 13 did what had not been done by legislative overreactions could be ex hostile to any demands requiring an in any Mexican American: They challenged treme. Add to this that the defendants crease in taxation or a loss in power. The the jurisdictional power of the indicting are militantly nationalistic Mexican list of grievances were angrily stated both body (the Grand Jury) on grounds of its Americans ("Chicanos") accused of con in simplistic generalities and in realistic discriminatory selection 'and resultant un spiracy to organize and participate in the specifics; but ultimately what they asked representative character by the very judi disruption of segregated Mexican Ameri for was a new system, a new recognition cial officers, the Superior Court judges, can high schools - a felony - in protest for this group. If one seriously listened, who would not inquire into their alleged of an emasculating acculteration, and the what they were saying was simply that ly criminal conduct. possible political consequences simply the Chicano wanted no more of a society Laying the ground work for appeals to boggle the mind of an already burning inspired, oriented and dominated by the the Supreme Court, they retained expert metropolis recently inflamed by a "ra Anglo; he whom they accused of denying witnesses and used cardboard boxes full cial" campaign for the office of mayor. them their culture and language and dis of documentary and statistical evidence e .Once the owners and possessors of this tortirJg their history and identity without to legally establish their identity as a peo City of Angeles, this "Spanish Surnamed" a viable or an acceptable substition. ple separate and distinct from the majori peoples with an unique proximity to their While an anxiously precarious School ty, thereby meeting the constitutional re original homelands - only three hours to Board negotiated publicly and in cham quirement of "classification" which is a Mexico by Greyhound - continue to in- bers with various committees and power pre-condition to a demand for considera- -7- tion and representation from within their propaganda of their own now became a Racial exclusion was prohibited in jury group upon the Grand Jury. rational truth to serve them not only in selection as early as the Civil Rights Act An expert urban-sociologist lectured to their confrontations ~ith the Anglo es of 1875. Five years later, the United a singularly silent court and counsel that tablishment, but more importantly with States Supreme Court held that racial ex the defendants did INDEED belong to a their painful attempts at the proselytizing clusion in the selection process violated ~ separate and distinct group of persons of a Mexican community which con the equal protection clause of the Four- .,1 despite their anthropological classifica demned the WALK OUTS along with teenth Amendment. This constitutional tion as Caucasians and their legal recogni their patent nationalism and which prohibition is not limited to discrimina- ·tion as citizens. Throwing statistics to the winced at the racial rancor in their ver tion against Negroes, although the de winds while the thirteen defendants took bosity. The older, passive/fatalistic Mexi fendant in nearly every important case notes, the lady expert told a lady judge can had become threatened by this sud has been of that class; it applies to any that the Mexican had been isolated, den public attention now given to his race reasonably distinct classification of per- counted and analyzed by every level of by THE WALK OUTS. His ancient fear of sons which may be excluded FROM American government ... As a hetero identification with the peon - translated CONSIDERATION solely on the basis of geneous group they meet all accepted cri "Black" in '68 - supported his need for race OR ANY OTHER IRRELEVANT teria of ethnic classification, including in anonymity, and brooding had become a FACTOR. Obviously it does not prohibit ternal and external identification; that way of life; the eX!Josure would surely the state from setting reasonable stand- this group contains a communality of val lead to retribution and a return to yester ards for qualification, nor does it require ues and behavior patterns even more am day's problems ... And now this Grand that any PARTICULAR jury contain a ply than the Anglo-Caucasian majority Jury challenge accusing Superior Court specific or proportional representation. and the unquestioned "Negro" minority. judges of bigotry! No individual citizen has a RIGHT to While "Mexican Americans" comprise the In Los Angeles County, the Grand Jur consideration for jury· services; on the vast majority of this self-identifying ors are nominated by the Superior Court contrary, one has a DUTY to respond if group, members of other Hispanic/Indio Judges. Over a ten-year period, 178 summol1ed. And, finally, no criminal de cultures, too few in number and disparate judges nominated a total of 1,501 nomi fendant may demand that the particular for separate integrity, also consistently nees, of which only twenty were Spanish Grand Jury which indicted him or the link themselves with the "Spanish Sur Surnamed. Of these judges, 91.6% never specific trial jury which tried him have named" identity. All of these peoples once nominated a Spanish Surnamed per even one member of his class thereon. have been victimized in the areas of edu son. The actual Grand Juror is then se The rule of law is simply a practical and cation, employment, housing and the ju lected at random from the list of nomi logical recognition that these fact-finding dicial process, resulting in a more alienat nees, and, understandably, the result has bodies should be democratically-consti- ed and a more impoverished group than been a mere token representation of ALL tuted institutions, selected from a repre even the Black person, at least in the the minorities. Specifically, only four (4) sentative grouping; drawn from a cross- ~ Southwest where they are by far the larg out of a total of 210 Grand Jurors, or section of the community - not an elit- ... est single minority ... 1.9%, has been a person with a Spanish ist, stacked body summoned to protect They call themselves members of LA Surname, and one of these is in fact a the interest of the most wealthy, the RAZA, connoting a sense of peoplehood Negro. most intelligent, the most successful or - much as the Jews' identify with THE From the testimony of the thirty-three the most ... CHOSEN PEOPLE - which binds to judges subpoenaed to testify, at times But, as in every constitutional princi gether the meanest with the most virtu vague if not downright hostile, a reason ple, the problem is that of proof. Where, ous, the most humble with the richest. able composite of the 1959-1968 "grand by governmental edict, a class is peremp The vast majority are bi-lingual and Cath juror" was constructed: (1) He is com torally excluded or where a class is AD olic. They tend to live in highly clustered paratively advanced in years. (2) He is MITTEDL Y denied consideration, the BARRIOS, residentially the most segre wealthy, of independent financial means. rule is violated PER SE, and no further gated of all the minorities, where they (3) He is, or was, a business owner, execu proof is required for reversal. share a communality of ideals and COS tive, or professional - or married to one. But what of token or symbolic repre TUMBRES distinct from the Anglo. Fam (4) He is a close personal friend, occasion sentation? And what is the constitutional ily roles, folk beliefs, incessant interest in ally once removed, of a Superior Court significance of patent or admitted PRO themselves and in Mexican/Latin affairs Judge. (5) He is of the White race ... In a PORTIONAL representation? Most signif all playoff that omnipotent and omni word, as characterized by an appellate icantly, what if the selection process, present central theme to their life style: Judge: WASP. whatever its result, was admittedly car MACHISMO, that instinctual and mysti With but one or two exceptions, each ried out innocently and in good faith? cal source of manhood, honor and pride of the judge/witnesses stated under oath For nearly a hundred years now, the that alone justifies all behavior. that he neither asked nor nominated a rule of law has remained constant. Equal Had the witness not been a lady, per Mexican because he knew none who were protection of the laws is more than an haps the defendants and their supporters qualified and/or able to accept the nomi abstract principle. It is a legal right which would have carried her off the stand on nation and further, that he did not feel every citizen may demand and which their shoulders, for they emotionally and personally obligated to affirmatively seek each state must provide. The Supreme intellectually knew the potential implica out and consider potential nominees from Court has consistently declared that LIM tions of the testimony. Coming from an the various identifiable minority groups ITATION of a class no less than its exclu- articulate, academic Anglo, as it did, they within the community. sion is an evil to be condemned, whatever ., swallowed it whole cloth into a national The trial court denied the motion to its form or whatever its motivation. ' __ ' istic/revolutionary jargon posing as ideol quash because in its opinion there was To reiterate, the problem is that of ogy. The staccatoed, computerized, ana no showing of intentional discrimination, PROOF! - the RAISON D'ETRE of the lytical statistics "justified" their very ex since in each of the ten years AT LEAST legal profession. As direct evidence of dis istence; what had been but an inchoate ONE MEXICAN WAS NOMINATED. crimination almost universally exists in -8- the minds or in the exclusive possession speaking in BROOKS v. BETO, [1966] Amer!can claims the Southwest by right of the court official whose very conduct 366 F2d 1: o~ pnor possession, by right of ancestry. is being publicly challenged, the Supreme " ...the courts have consistently held HIS most distinctive, prominent character Court has relied heavily on expert opin- that statistics speak louder than the Jury istic is his INDiO,MESTIZO blood; that is .0.1n and statistical data as circumstantial Commissioners ... the law has never con the deeper meaning of LA RAZA. And ~idence of class discrimination. A long tented itself with any such hollow, shal whether we speak of historical or Ein standing and significant disparity between low ignorance ... It is not enough to steinian time, it WAS but a few mOOns the proportion of the defendant's class in choose from those they see ... Innocent ago that this Southwest was inhabited the community as compared with the per ignorance is no excuse. It neither shields exclusively by the Indians. centage nominated for jury duty, will of the jury's action from scrutiny, nor does One thing is certain, this we can say: itself RAISE A PRESUMPTION of the it justify the half-hearted, obviously in The Mexican will not perish for lack of class discrimination prohibited by the complete performance of duty by the of dreams; for whatever the outcome, the federal constitution. But it is only a pre ficials ... The court has long been aware young Chicano presently dreams of sumption; i.e., a rational deduction from of this see-no-evil-hear-no-evil-find-no-evil Zapata while reading his Che. an observable fact. The burden is then approach. " cast upon the jury selector to explain, Neither side to the controversy was contradict or disprove the assumed fact unaware of the potential significance of LAW SCHOOL NEWS SERVICE of discrimination by other facts. He may, the case. Studies made by the California CAVEAT Editor Walter Gorelick re for example, show that he in fact consid Rural Legal Assistance indicate that near cently announced his intention to contact ered the "excluded" class, or that the ly all California counties contain the same editors of other law papers in California class does not eixst, or that the class statistical racial disparity in their Grand for the purpose of forming a law school refused the nomination, or that none Juries as does Los Angeles. Equally im news service. This would enable the ex within the class are qualified. portant is the fact that the issue may be change of interesting and relevant news But none of these "explanations" may raised by defendants other than racial concerning happenings at the various law simply be assumed or merely asserted, minority group members, as it was in the schools. they must be proven. Specifically, pro recent trial of Sirhan B. Sirhan, whose Gorelick also proposed the establish testations of innocence and/or good faith attorneys used the evidence and argu ment of a special "watch dog" committee will not suffice. The constitutional imper ments produced by the Chicano defend of law school journalists to safeguard ative requires the official to affirmatively ants. Why this defense has not been pre freedom of publication. Various college seek out and familiarize himself with the viously raised, either by Mexicans or any papers have been under attack recently other excluded class, unfortunately re qualifications of all the recognizable by administrators for their content and classes within the community with the flects upon the legal profession. That it policies. _oal of reasonable and rational CONSID requires imagination and hard work is un .-RATION; for "if there has been discrim derstandably a contributing factor; but ination, whether accomplished ingenious perhaps the most compelling reason for ly or ingenuously, the conviction cannot their failure to raise the issue is that ulti LEGAL CLINIC stand." (Justice Black, SMITH v. TEXAS, mately what the lawyer says in such a In order to give students a real life (1940)311 U.S. 128) motion is an indictment of the profession coloration instead of the usual theoretical In the recent case of THE EAST L.A. which he professes and a castigation of approach to the law, a legal clinic pro 13, (SALVADOR CASTRO v. SUPERI the society to which he belongs. gram has been inaugurated at Golden OR COURT, (April, 1969) 2d App Dist True or not, the Chicano militants in Gate. ApprOXimately forty students have No. 34718) the district attorney pre terpreted the D.A.'s argument to say that been placed in two groups of projects, sented no proof whatsoever to rebut the the Mexican was perhaps too stupid and according to Roger H. Bernhardt, facuIty asserted presumption. Instead, he merely too poor for service on the Grand Jury of director of the program. This new intern argued to the three-judge court that the Los Angeles. This "explanation" will sim ship type program places students with statistics and the judges' testimony did ply serve as further evidence of the racist public agencies or attorneys in private not show any intentional discrimination society which he seeks to destroy and practice. against the Mexican and that the seeming which has compelled him to seek his des Some of the public service groups stu disparity could be attributed to the fact tiny in an identity and a rage that this dents are now working with include: that eligibility depends upon qualification society can ill afford. Presently, the court N.A.A.C.P., A.C.L.D., Alameda Legal Aid and availability. He argued that since the has enjoined the trial. It may be months Society, Berkeley Neighborhood Legal Mexican population was disproportion before the decision is pronounced. Assistance, the Public Defender's Office, ately young, alien, non-English speaking, But what of the Chicano radicals-be and on the other side the District Attor economically disadvantaged and educa coming-revolUtionaries? It is much to ney's office. A few students have been tionally inferior, "the raw population-fig early to say in what direction their na placed with local judges. For students in ures and percentages [would be] utterly tionalism will travel; too soon to even terested in private practice, ten attorneys, meaningless. " suggest that their actions will be governed including some part-time instructors at While numerous Mexican partisans lis by the society's response to their claims Golden Gate are now cooperating in the tened, the district attorney reminded the for equality. program. appellate judges that the modern grand The concepts of integration, assimila The Legal Clinic program also includes at1ry's function included "highly sophisti tion and acculteration describe historical night seminars once a month on Friday ~ated duties, such as accounting and busi relationships between Africans, Orientals evenings which are open to all law stu ness transactions." In response, counsel and Europeans, persons all foreign to this dents. At this time it is projected that for the defense quoted Justice Brown of land. Despite the lack of organization or each student in the clinic will receive one the Fifth Circuit Court - the court most of truly national leaders, despite the in credit (up to five) for every four hours of frequently confronted with the issue - ability to articulate his rage, the Mexican work in the field. -9- MOOT COURT COMPETITION RENT STRIKES continued from page 2 conti nued from page 10 Recent man team that will' go to the Regional between his new, lower rent and the old rent. competition conducted by a regional sponsor in 1970 (during the team's third The lawyer must draw up an approni. Case year). Secondly, we will be awarding ate trust agreement and decide in whI. prizes to the three winners of this second bank to deposit the money. Often, he will year competition. The prizes are being decide to put the money in a Canadian of donated by the S.B.A. and the student bank to make it immune from attach Bookstore. They will consist of some cash ment by the landlord. In addition, he awards, or the equivalent, and law- b'Ooks. must decide what tactics he will use to Interest The important thing to remember is combat the unlawful detainer actions that the three-man team selected will which will follow the tenant's refusal to have almost a year to prepare for the pay rent to the landlord when due. A few Regionals, and then, hopefully, for the theories which have been successful in other situations are as follows: (1) Reli CHIMEL v. CALIFORNIA Nationals back in N.Y.C., where further ance on Calif. Civil Code sections 1941 & 23 LEd 2d 685 prizes will be awarded. 1942 which allow the tenants to use rent After arresting the defendant in his It is a tremendous opportunity for money to make repairs on the premises. home for burglary of a coin shop, police both Golden Gate and the individuals in (2) Illegal Contract theory (see: BROWN officers conducted a search of his entire volved. v SOUTHALL REALTY CO., 237 A2d three-bedroom house, including the attic, 834 (D.C. Ct. App 1968). (3) Illegal per the garage, a small workshop, and various formance on landlord makes in inequi drawers. Over the defendant's objection, CAVEAT table to allow him to use the courts to various items - primarily coins - which Editor-in-Chief, Walter Gorelick enforce the contract (see: Saunders v were found through the search, were ad Copy Editors, Marjorie Goldblatt First National Realty Corp, 245 A 2d 836 mitted into evidence against him at his Sandra Wood (1968). Other theories for which I have trial for burglary in a California Superior Circulation Manager, William Helfrick no recent case authority are: (4) failure Court; he was convicted; and his convic Graphic Arts, Ronald Gou larte of consideration; (5) constructive evic tion was affirmed by the California Court Photographer, John Herbert Editorial Staff: Duncan Barr, Gary tion; (6) partial eviction. of Appeal (61 Cal Rptr 714) and the Drummond, Samuel De Lorenzo, California Supreme Court (68 Cal 2d 436, Harvey Levinson, Ronald Lubey. 439 P2d 333, 67 Cal Rptr 421), both Contri butor s: ALL COMMUNICATIONS: courts holding that although the officers Attorney Oscar Zeta Acosta Edlitdor, CAVEAT • had no search warrant, the search of the G° en Gate College Attorney Glen L. Moss 536 Mi 55 i on Street defendant's home had been justified on Alan Yengoyan, J.D. San Francisco, CA 94105 the ground that it had been incident to a valid arrest. On certiorari, the United States Su preme Court reversed. In an opinion by STEWART, J., expressing the views of six members of the court, and overruling Harris v United States, 331, US 145,91 L Ed 1399, 67 S Ct 1098, and United States v Rabinowitz, 339 US56, 94 L Ed 653, 70 S Ct 430, the Supreme Court reasoned that a search incident to a law ful arrest could constitutionally extend only to that area within the arrestee's immediate control. Arguing that it would be entirely reasonable that in the interest of personal safety and the preservation of evidence, the officer could search the ar restee for weapons and evidence of the crime; furthermore, it is likewise reason able to search the area into which an arrestee might reach to grab a gun or evidentiary items. However, the court ~on~l~de.d that there is no comparable JustIficatIOn for searching rooms other than that room in which the arrest oc cU.rs. Such a search can only be accom plished after the issue of a search warrant. By Ronald P. Lubey "These Nel>l Community Property • Laws Are Hard On JudlP;es"

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