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2-1-1967 Sui Juris, volume 11, number 02 Boston College Law School. Student Bar Association

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MAR14 1957 Volume 11 February 1967 SBA REPORT Number 2

SUI JURIS Joseph M. Hall NEWS JOURNAL OF THE President STUDENT BAR ASSOCIATION Student Bar Association

BOSTON COLLEGE LAW SCHOOL

EDITOR-IN -CHIEF Rowland V. Lucid, Jr. '67 Two other dances were held during the first se­ EDITORIAL BOARD mester. The Christmas dance was an obvious success Oliver H. Barber '68 as was the egg nog and other assorted cheer which Anthony J. DeMarco '67' we dispensed shortly before the Christmas vacation. Paul P. Flynn '67 The newly formed SBA Placement Committee John M. MuIIahy '67 conducted a Summer Placement Seminar on Decem­ Donald R. Perry '67 ber 8th for the benefit of first and second year stu­ Peter N. Rogers '67 During the past weeks, the Student Bar Associ- dents. Several upperclassmen related their legal ex­ Charles W. SuIIivan '67 ation has made creditable progress toward some periences during the past summer and commented on ASSOCIATES of its objectives. Perhaps it would be best to set forth how they were able to obtain such employment. The Charles A. AbdeIIa '67 a status report together with some observations as to committee has also compiled correspondence from law Richard C. Babineau '69 what more can and should be accomplished. firms which have either interviewed or expressed an Peter Brown '69 Through the efforts of Professor James Houghtel­ interest in the law school. Several inquiries have also Thomas H. Brown '69 ing and the Taney Law Club two seminars on pro­ been made to explore the possibilities of increased Leo Carroll '69 fessional responsibility have been held, and several interviews with business corporations. A survey of Our cover depicts that upon which law school success Gregory H. Hren '68 more are planned. The Student Bar Association has the student body indicated a widespread interest in is based - the examination. What is it that makes a James J. Mullen '68 sought only to broaden student interest in the series corporate employment. man enter the legal profession? How does a law stu­ John F. Murphy Jr. '67 and perhaps assist in establishing a continuing format. A second committee has met several times to make dent view his legal education? Should he be given We hope that through continued interest such a pro­ revision of the Constitution of the Association. Its more than is presently available? Sui Juris presents Robert J. ODonnell '69 gram will become a permanent part of the co-curric­ work is near completion and the suggested changes possible answers to these questions in this issue. ALUMNI CO-ORDINATOR ular activities at the law school. will be presented to the students for their approval. Sheila E. McGovern The Forum has undergone some administrative l1he Standing Committee on Elections has also proved changes which should improve the overall program­ most effective in publicizing and conducting elections. ming for the remainder of the year. The Board of During the Freshman class elections, renewed inter­ SUI JURIS is published four times during the Governors has allocated a thousand dollars for this est was expressed in the Juris Doctor (J.D.) degree. academic year by the Student Bar Association IN FUTURE ISSUES: year's speakers series and we hope that every cent of This is not a new discussion at Boston College. In the of Boston College Law School, for the· benefit it will be used to build a viable program. Now that past several years several student referenda have been of the students, faculty, alumni, and friends of Miranda from the Back Seat the post-Christmas lag of exams and brief writing submitted to the faculty which indicated a broad the School, at 925 Washington Street, Nor­ has passed, the Forum should be presenting a stimu­ student support for the adoption of the degree. Yet, wood, Massachusetts. Advertising rates on re­ lating and diversified program. though there have been very few arguments presented Comments on the Marketing System quest. Please address all communications to The several committees of the SBA have been very against adoption, the reasons for such a change have the editorial office at- active and in some instances have completed their been somewhat unsubstantiated. We hope to present . . . Report on Berney's Raiders BOSTON COLLEGE LAW SCHOOL obligations for the year. This is true particularly of both sides of the coin and consequently help to place BRIGHTON, MASS. 02135 the Social Committee which has made the final ar­ more weight on the student body's ultimate choice. rangements for this year's Barrister's Ball which will I have corresponded with the President of the law 332-3200, extension 300 or 405 be held on Saturday, April 1st at the Statler-Hilton, school's Alumni Association, Mr. William E. Ryan, Boston. (Continued on page 30)

FEBRUARY, 1967 3 That we prevented self-determination through the respect for "Charley"; and great sympathy for the over the constitution. Dr. Dan refused to speculate electoral process simply is not true. popular forces. on who might be responsible for the attempt on his The Gibbons article ends advocating that which The Saigon Military Junta announced that 80% of life. he concludes probably will lead to a Communist na­ those eligible voted in the Constituent Assembly elec­ Three weeks earlier Mr. Van had been assassinated. tion emerging in South Viet Nam. He states that this tion last September. There is no way to verify that Within an hour of the crim~,the government an­ LETTERS need not be a disaster if the nation is neutral. Has he figure. However, I do not doubt it. I predicted in an nounced the arrest of twenty year old Vo Van En, ever heard of a neutral Communist nation! Even article published in the Boston Globe the morning who allegedly admitted Viet Cong membership and Yugoslavia, while receiving hundreds of millions of of the election that a sufficient number of people participation in the murder. A military court has United States aid, was not neutral - we need only would vote for Saigon to claim a victory. I stated that since sentenced him to death. The clandestine N. 1. F. Surrender Policy, Communist Style look at its UN. pro-Soviet voting record to see this. it was not a true reflection of popular feelings and radio disavowed Viet Cong connection with Van's It is far better to fight over there than here but that it was not a free election. The people voted be­ death. then there are those who are against opposing Com­ cause they were coerced into voting. If they did turn Mr. Van was the leading Southern-born political I f William J. Gibbons' views are typical of the munism anywhere. Let's avoid accepting the kind out in large numbers it was because they feared re­ figure and it was widely thought that if free elections US.A.ID. I feel certain the "other war" which it of thinking which helped lead to making Yugoslavia, prisal more from the police than they did from the were held, he would be elected President. His widow, is waging is doomed. China and Cuba Communist and learn from our mis­ Viet Congo at the burial service, publicly accused the Military Although Gibbons mentions Viet Nam as a rice takes there and elsewhere. Former Communists and The people who lived in areas controlled by the Junta of his murder. Two leading Vietnamese news­ exporter in peace time, it probably never occurred to other authorities on Communism tell us to know the Government in daylight hours were issued green iden­ papers attempted to comment on Van's assassination him that that fact may be a strong factor in world party line so as to be able to detect the enemy's tification cards. Upon presenting oneself at the polls and were consequently suppressed. Publication of the Communism's effort to conquer this area. propaganda. the card would be officially stamped. Those not able Saigon Post was suspended for two weeks, and the He states that the bulk of the fighting in Binh I fail to note any difference between the position to produce validly stamped cards after the election Viet Nam Guardian was permanently shut down. Thuan Province is done by poorly trained, poorly led put forth by Gibbons and the Communist Party's could expect "administration" and "police" difficulties. The writer predicts that there will be another at­ and demoralized regional popular forces rather than position on the South Viet Nam war. The most kind A refugee dependent on the government for the sup­ tempt on Dan's life, and that a third victim will be the well trained and well equipped A.R.V.N. He fails thing I can say is that it appears this young man is port of his family had no choice but to vote. The Van's successor to the leadership of the Southern bloc to observe that the tactics of the hit and run terrorists completely misinformed on the t:lature of world Com­ civilian bureaucracy had no choice but to vote. The in the Assembly. I believe his name is Choung. One are to avoid the more powerful A.R.V.N. and the munism. I am sorry to say this does not speak very Army was marched to the polls in formation. A male view is that the purpose of these assassinations is to larger towns they protect and to hit instead the vil­ well for a Jesuit Catholic education, but perhaps he who did not vote ran the risk of being charged as a cower the Assembly deputies, and thus prevent the lage areas which are assigned to the popular forces. did not attend Boston College as an undergraduate. Viet Cong or a sympathizer. It is well to remember Military Junta's veto from being overruled. A second Gibbons says the government of South Viet Nam Incidentally, Fordham Professor Charles Rice and we are speaking of a police state where there is no view is that it is a Viet Cong attempt to prevent a lacks popular support. How does he account for the other alumni join me in protesting Sui Juris' pre­ recourse to the courts. democracy from being established. Which view is overwhelming vote and victory of the government senting this view without presenting the American A second motive to vote was the desire for civilian believed by the deputies and Vietnamese people is in the recent elections? viewpoint in response. government as opposed to military rule. Thus it is unknown. The article uses the loaded extreme left wmg Peter J. Hopkins incorrect to label the election as a victory for the No knowledgeable American in Viet Nam doubts words "repressive Diem regime." He fails to realize Boston College Law - 1950 Military Junta. the repressiveness of the Diem regime. Our mistake that South Viet Nam was winning under the Diem It might be wise to point out that the Military was. that we supported him too long. Mr. Diep, assist­ civilian government and that it was the overthrow In Reply Junta did not want to hold elections in the first ant chief of Hai Long District, Binh Thaun Province, of Diem which was a great factor in reversing the place. It was a concession won by militant Buddhists told me of the execution of his father by the Diem trend to a losing war, this coupled with the continu­ At the outset I would like to say that I am a veteran taking to the barricades in Hue, DaNang and Saigon regime for advocating democracy. He also told me ally increasing infiltration from North Viet Nam, a of four years active duty as an enlisted man in the last spring. After winning the concession the Budd­ that many university students had been arrested, im­ trend which could only be offset by strong American United States Navy. I am proud to state that I hold hists urged that the elections be boycotted because prisoned and tortured as political dissidents. The military ground action. an Honorable Discharge. they were not free, all candidates being approved by above mentioned Dr. Dan, despite rigging of the The depicting of the Communists as well-led, My artiCle was entitled One Man's View of Viet the military. 1959 election, was overwhelmingly elected to the courageous and dedicated, and the government soldiers Nam and it is precisely that. In no way was it in­ Among the deputies elected, perhaps the twO most (then existing) legislative assembly. When he spoke fighting them as poorly-led and demoralized, is inter­ tended to reflect the official or typical view of prominent men were Tran Van Van and Phan Quang out against the Diem excesses, and refused to be a esting. US.A.I.D. Dan. Both men were staunch advocates of democracy, rubber stamp, this Northern born, Harvard educated So, too, is the statement that regular North Viet­ On two occasions popular forces' companies were were noted anti-communists, and had wide popular advocate of democracy was immediately arrested and namese troops have come south in force in response wiped Out by the Viet Cong in Dai Thieng village, support. They were also outspoken critics of the kept in solitary confinement for four years. He was to the American bombing, whereas, in fact, Amer­ four kilometers from the center of Phan Thiet while military dictatorship in Saigon. never officially charged and did not gain his freedom ican bombing was started to attack the so-called Ho I was living there. ARVN on both occasions refused On the 27th of December, 1966, an attempt was until the overthrow of Diem. He has related to Chi Minh Trail over which the North Vietnamese to go to their aid, despite the fact that the attacks made on Dr. Dan's life. He survived and reached the American reporters his ordeal in a windowless, unlit Communists were traveling enroute to South Viet were in daylight. The American advisors in Binh Assembly in time to hear the announcement that the cell. The only break in the monotony was when he Nam. Thuan Province had great contempt for ARVN; great Military Junta refused to relinquish its veto power was taken out to be tortured. He says he still does not 4 SUI JURIS FEBRUARY, 1967 5 understand how he kept his sanity. It is small wonder in Europe ), and even John Foster Dulles have all was unpopular. I would like to see the end of Amer­ different. It isn't a chivalrous good guy versus bad that today the date of Diem's overthrow is celebrated stated that Indochina is not vital to the security of icans dying in Viet Nam. With the present policy it guy routine. It is a monotonous, wearying, day after as a National Holiday in South Viet Nam. the United States. Secretary of State Dean Rusk in could continue ad infinitum. I think it is in the day experience felt by men on both sides. Great Many American commanders have commented on open session of the Senate Foreign Relations Com­ United States' interest to extricate itself as painlessly courage and bravado often give way to fear and terror the fighting ability of the Viet Cong guerilla includ­ mittee hearings stated that we are not obligated to as possible. None of the alternatives are pleasant. I when one finds himself being shot at, or sorrow when ing General Westmoreland whom I quoted in the fight in South Viet Nam under the S.E.A.T.O. Treaty, believe the best alternative is the establishment of a a close friend fails to return from a mission. It is not article. but are merely "entitled" to if we think it is in our coalition government in South Viet Nam with a a comforting thought to know that - , - and several North Viet Nam has been supplying the Viet Cong best interest. gradually phased American withdrawal to guarantee others who are friends are Hanoi prisons this Christ­ over the Ho Chi Minh trail at least since 1962. How­ To the assertion that "it is far better to fight over that there will not be a blood-bath. mas . ever, the first time North Vietnamese troops engaged there than here," I say, "nonsense"! We have unchal­ It is a tragedy that we have blundered into such an . . . Last year we flew missions in both North and Americans was at Pleiku in June of 1965, five months lenged sea and air power in the Pacific. In Viet Nam involvement. We came in on the heels of one hun­ South Viet Nam. Because we had air superiority and after the United States commenced bombing North we are fighting not China, but a backward third rate dred years of French Imperialism and a bloody nine the Viet Cong had no large anti-aircraft weapons, Viet Nam. power. To much of the world it looks like a large year war of anti-colonialism which cost over one missions in the South were quite safe. Up North it Diem was placed in power by the United States bully whipping a small child. If China were to move million Vietnamese lives. It is a tough act to follow, was different : Migs, Sams and AAA posed formidable with the cooperation of the French in 1955. He had against the Philippines, much less against the United particularly when we are identified with General Ky, threats. Our squadron participated in most of the refused to fight the French and had no popular sup­ States, she would be at our mercy. a Northerner who fought on the side of the French. large strikes on North Viet Nam . .. . Several Sam port. In retrospect he 'was a poor choice, a Catholic, The Viet Cong advocate recognition of the N .L.F. No matter how good one's intentions are, he is still a missiles were fired when I was over the beach but I a Northerner, and a non-hero. The United States as the sole representative of the people of South white foreigner, speaking a foreign language, carry­ only saw one actually guiding on us and it exploded purchased the support of the three largest Vietnamese Viet Nam. I do not advocate that. The Viet Cong ing a gun and killing Vietnamese. Illusions can be as harmlessly. Flak, however, was another story. I saw private armies who had fought for the French by pay­ advocate unilateral and conditional withdrawal of important as reality. more of that than I like to remember. I can't describe ing the three commanding generals a total of 12 mil­ American troops from Viet Nam. I do not advocate I understand and share Mr. Hopkin's concern about my fright at seeing those grey, black and orange puffs lion dollars to go into retirement in Europe. We then that. Viet Nam and thank him for taking the time to com­ of exploding shells along my flight path. Only once informed the troops that there would be no pay unless I do agree with President Johnson on the im­ ment on my article. did any of it actually hit us and we were able to land they supported Diem. Thus the era of Diem was portance of a negotiated settlement of the conflict. I safely at Da Nang. William J. Gibbons launched. With the United States backing, he re­ wholeheartedly agree with Pope Paul's plea for peace. The typical fighter squadron schedule would find Boston College Law (1967 ) fused to hold the elections called for by the 1954 He speaks strongly against the continuation of this us flying three missions every twO days. Each flight Geneva Agreement. His reasoning was logical; Ho "ideological war." Significantly, Pope Paul has fi­ would be for about 2 hours, but planning and pre­

Ch~ Minh, a national hero who had defeated the nanced medical aid to both North and South Viet briefing would take an additional 2 to 4 hours prior French, would have been easily elected. The writer Nam. V iet Nam - A View From the Skies to launch and then a de-brief of an hour after the had many experiences this past summer and met all I would like to mention here my respect and ad­ flight. Each day you stood three hour condition CAP levels of Vietnamese society. Questioned about Ho miration of the American fighting man in Viet Nam. Following are portions of a Christmas letter writ­ watch ( i.e. strapped in an aircraft on the catapault Chi Minh, not a single Vietnamese spoke badly of I think we owe it to him to re-examine our policy ten by a fighter pilot to a student at Boston College ready to go immediately if the carrier were ever him. There were always excuses that Uncle Ho was decisions on Viet Nam. Law School. Just prior to the writing of the letter the attacked.) Sometime in between you scurried to ear old, that others in his cabinet were controlling him, It pains me that while American men are dying writer began his second tour of duty aboard the car­ and to do some of your squadron job in administra­ etc. There is a very strong ethnic and racial pride in in Viet Nam, corrupt Vietnamese generals are reap­ rier Enterprise, stationed in the Gulf of Tonkin. It is tion or maintenance. This typical day covers both Ho Chi Minh. He was the man who defeated the ing the spoils of war. It grieves me that the only one because of the response to Mr. Gibbons article, which day and night flying so sleep is often unscheduled and French - defeated the Western white troops after who cares for the Vietnamese peasant on the allied appeared in the last issue of Sui Juris, that the Editors interrupted. This schedule would last for thirty to one hundred years of domination. I believe even to­ side is the American soldier. Unfortunately, due to thought the comments appropriate. T heir value lies forty days. Then we would go to port for a week's rest. day he would carry the South in a free election. cultural and language differences, as well as the war, in the fact that they are written by someone presently . . . It is with a more sober attitude that we enter As a firm believer in democratic government, I he cannot communicate effectively with the peasant. involved in the fighting in Viet Nam. our second tour in Viet Nam. Gone is the gusto and would like to see one emerge in South Viet Nam. Real­ An American captain, a veteran of the Korean bravado of last year. We have respect for the enemy ism tells me that it is unlikely to happen. In this under­ War, told me that there was no doubt in his mind . . . The war still continues and I again find myself and his capabilities. We know more of why and for developed country, the pre-conditions and leadership that if he was a Vietnamese he would be a Vietcong. a participant. It was on the second of December 1965 what we fight. We appreciate Christmas, New Year's, are absent. There is not a single Asian democracy on He said that it would have nothing to do with Com­ that I first saw combat aboard the Enterprise and now Thanksgiving and Easter a little more because we've the Mainland. It is greatly to be doubted that one can munism. It would be in opposition to an incredibly a new December finds me returning. The emotions of been denied them. We appreciate freedom a little emerge in war-torn Viet Nam. The Van's and the corrupt government which cares nothing for the poor war are strange indeed. Last year we sailed boldly more because we have friends who are not free. We Dan's are too scarce; the opposition of the entrenched peasant. forth, looking forward to the war and the part we appreciate America a little more because we've been powers too great. I am a graduate of Boston State College. As an could play. We were well trained, we were prepared away. We appreciate life a little more because we've The Army Chief of Staff, General Matthew Ridge­ undergraduate I was taught that there was room for _ we thought. Television serials, Victory at Sea known friends who've died. These are the things way, General Gavin, Ambassador Kennan (Architect diversity of opinion in America and that a man had movies and pocket thrillers tend to glorify war, com­ which motivate us because these freedoms, these of the United States policy of containment of Russia the obligation to seek and speak the truth even if it bat and its participants. The real thing, however, is friends are worth fighting for.

6 SUI JURIS FEBRUARY, 1967 7 II nurture - or abandon - constitutionalism and The lawyer's compass, the ideal that gives coherence legality. Even at home the upshot is not altogether to oU,r profession, the scope that enables a man to clear. The civil rights movement tests our capacity live greatly in the law, is marked by our heritage. for instituting a veritable revolution within the As lawyers we inherit the tradition of seven or eight framework of the rule of law. Experience shows that centuries of continuous concern for the institutions we may succeed but, if we are honest with ourselves, THE LAWYER'S PROFESSION and aspirations - for the processes, standards, ideals it also reveals how easily the failure of the law to and sense of right and justice - that make for. a free provide rudimentary justice can breed the discontent and civilized society. It is not the age of the pro­ and resentment that burst the bonds of legality. fession that matters, nor even the inspiration gained By Professor Archibald Cox from knowing that we tread the path marked by IV Coke and Erskine, John Adams, Brandeis and Charles In saying this, I am not unmindful that by common Evans Hughes. What matters most is that through repute lawyers seldom find a revolutionary atmos­ the centuries the men of law have been persistently phere congenial, and an opinion so widely held can­ O liver Wendell Holmes, Jr. hesitated in entering the affairs of men. It fails when drained of vital concerned with the resolution of disputes and the not be utterly unfounded. Lawyers devote their lives the legal profession and it was many years before JUlces. organization of human endeavors in ways that enable to the orderly conduct of the affairs of the community he was satisfied that a man could fulfill his wish to This involvement with people touching every society to achieve its goals with a minimum of force in accordance with general rules, while even a peace­ live greatly, within the law. Yet when Holmes was aspect of the panorama of human existence is a sec­ and a maximum of reason. Every practicing lawyer ful revolution is hardly an orderly process and it in­ ninety he said to a friend that if the ceiling should ond, prime source of satisfaction in the lawyer's life. . . . is concerned with the rules and forms of human variably compels changes in the rules by which the open and a great voice speak summoning him to his And understand people he must if he is to be a lawyer organization - to put it most simply, with helping society is governed. Moreover, there are real dilemmas Maker in five minutes, he would reply "I am ready, worthy of the name. Would you argue the unconstitu­ people to live together - not by power, be it physical, here. Law is a stabilizing force; it requires, and makes but may I have ten minutes." tionality of state convictions of sit-in demonstrators economlC or political, but by what reason tells is for order. In a deeper sense it is concerned with the What is it about the law that offers such fullness for criminal treaspass? Surely you must understand just. ... lasting, not the evanescent, with enduring values of life? . . . the history and sociology of the South and feel, at III not with immediate impulse. Then, too, part of the least vicariously, the scars inflicted by segregation as I speak of a tradition but I do not mean to speak in power of the law to command assent is a sense of I well as the fears and prejudices of those in power. static terms. "A tradition, if it is worthy of the name," enduring generality. It must bind the judge as well To Holmes, as to most lawyers, it was of prime Would you negotiate a labor contract? You cannot Justice Frankfurter used to remind students, "is not as the litigant, the governor as well as the governed, importance that central to the law is the life of the separate it from the welfare of the particular business wealth hoarded; it is a dynamic energy to be ap­ else the law loses the capacity to command consent by mind - perhaps I should say the life of the intellect. and the daily lives of the men in the particular factory, plied." Our legal tradition is not a body of rules but itself and becomes only the instrument of those in . . . There is so much in the study or practice of on the one hand, or from the condition of the econ­ a process. All our law - the legal institutions, the power. the law to absorb a man of intellect, so much history, omy and the history of the labor movement on the tribunals, procedures and substantive rules, indeed I submit, however, that despite our reputation for so much argument to engross the reason, so much of other. The lawyer's tools are not merely statutes, the very process of submitting disputes to the test of conservatism, the legal profession can be, as it must the sheer delight of professional expertise, but we too treatises and judicial precedents, but every book and reason - is a human instrument created by men to be, extraordinarily creative. This is not just a lawyer's often call upon the law to sustain a weight of con­ pamphlet helping him to understand and keeping him meet men's needs. When the pace of social change is self-adulatory appraisal of his own profession. W hen cepmal reasoning that abstracts it from the human abreast of the thoughts, activities and needs of men. revolutionary, so must be the changes in the law. W orld W ar II and planning the reconstruction of the conditions with which it should deal. It was this that Third, an infinite variety of pursuits falls within the Of course it is banal to say that we live in a revolu­ led Sir Thomas More to say that in Utopia - boundaries of the profession. Some may find, as I tionary era, yet one must say it plainly. For this stark they have no lawyers among them, for have, that nothing engages and therefore satisfies one's fact poses a challenge to the survival of the rule of One-Volume Approach they consider them as a SOrt of person whole being quite like argument of a public cause law and thus increases the opportunity to live greatly To Legal Research whose profession it is to disguise in a high appellate court. . . . Others, with the within the law as a profession. The rule of law is the matters, and to wrest the laws ... capacity to create and relive human events and a only guaranty of freedom because it is the only sub­ The MASSACHUSETTSLAW FINDER The point, of course, is that the words and con­ flair for the dramatic, may find their forte in jury stitute for power, but men have other needs and we Your Coordinated Index cepts so necessary and delightful as tools should never trials. Business and finance will attract more; still should not fool ourselves into supposing that most of 800 major topic headings on: become our masters. The law's concern is men and more become family advisers and trustees. Tens of them cannot be served by other instruments than • Substantive law women, their daily lives, their joys and sorrows, their thousands of lawyers become judges and government law. If the law fails to meet those needs - if it • Procedural law hopes and aspirations, their mean pursuits and high officials. Though we often speak of being a lawyer fails to change and grow with changes in the human • Forms adventures. The law is reason, but reason applied to as if it were a single vocation, in fact there is a wide condition - if it fails to provide justice - men $12.00 range of careers within the law. will turn to other solutions. Now at the Law School Book Store Professor Cox is a past Solicitor General of the United All this offers a life filled with unusual variety, The issue hangs in the balance. The emerging BOSTON LAW BOOK CO. States and is presently teaching at Harvard Law interest and satisfaction, but it is not this alone that peoples of Asia and Africa are choosing whether, in 73 Tremont St. 523-6882 School. Ed. enables a man to live greatly in the law. the course of revolution, they will maintain and

8 SUI JURIS FEBRUARY, 1967 9 Western world were taxing the best minds of a and the existing units of government.. . . Improve­ generation, Jean Monnet, the great French economist ment would require some measure of integrated plan­ and statesman, said, "Will you please explain to me ning, but how can an integrated plan be developed? why the men whom I regard as the most effective - . . . Surely reorganizing the units of local govern­ A Student's View of Legal Education the most fruitful, the most creative - are lawyers." ments or devising the machinery through which exist­ History shows indeed that lawyers have been ex­ ing units can deal with problems pervading a broader Law for the Left Hand traordinarily bold and ingenious in inventing the area is a challenge to the lawyer's technical skill and organizational arrangements, the instruments and the imagination. by Gilbert Shasha concepts that enable society to meet new problems I do not mean to test your patience by a catalogue or take advantage of new conditions. The federal of challenges to the creative talents of lawyers, but I With this article we begin a series written by stu­ he is likely to require class attendance, also unknown constitution is surely one of the most imaginative must mention a prime illustration which lies at the dents presently matriculating at various law schools at Boston College. But this kind of teacher has its and creative political documents in all history. Apart door of the legal profession - lies in some cases throughout the country. The value of the comments representatives at both schools, though it is not com­ from the steadying influence of Washington and like an unwanted foundling. There is crying need lie, the Editors feel, in the fact that they bring to mon. Knowing the basic rule and exceptions is what Franklin, lawyers played all the leading roles in the for creative re-examination of methods of providing the fore the observations of current students regard­ he expects of his students. He will cover the text. Convention. skilled legal services to people who are unable to ing legal education in general and legal education as A second category of teacher regards the law as A century later the leaders of the Bar were display­ afford the full cost under existing practices . . .. True, it is approached at their respective schools. The an intellectual system. Such teacher is not content ing extraordinary ingenuity in devising the legal the legislatures have passed a maze of measures and Editors believe the articles can be beneficial to the with the mere elucidation of the case, he directs him­ forms and concepts - the corporate arrangements, the courts have liberalized judge-made rules for the law graduate - because of the reflections it will self to locating the consistency or inconsistency with the common and preferred stocks, the bonds secured protection of the weak against overreaching or oppres­ cause,. to the layman - because it may give him other cases. He asks hypotheticals to test the coher­ by corporate mortgages and unsecured debentures - sion. Those laws are of little va,lue, however, if the insight into the philosophy of legal training,- and to ence of this system, which so absorbs his interest. that brought together the aggregations of men, money intended beneficiaries are too ignorant to be aware the student - because it provides him with a basis The law is for him and his classes a problem-solving and machines which produced our extraordinary eco­ of their rights or too poor to retain an attorney to for making subjective comparisons with other schools, device, a kind of precise measurement not unlike nomic power. Whatever lawyers made the hire­ enforce them. . . . as viewed by their students. mathematics. H is view of law study is as an introduc­ purchase agreement and conditional sales contract in­ has been suggested that much wider use of sec­ It The author of this inaugural article graduated from tion to science. His interest is basically with pre­ struments of widespread, easy consumer credit helped ond and third-year law students would make pos­ it Amherst College in 1961. He received his Masters dicting how a court would act, not with evaluating to establish our standard of living. sible for both the familiar legal aid bureaus and such in Teaching degree from Harvard University in 1962. its reasons for acting as it has. Inconsistency, not One of the great accomplishments of law in this neighborhood law offices as were established in New Mr. Shasha taught history and Government at the injustice, is for him the worst judicial error. century is the building of a vast body of institutions, Haven to provide far more extensive services without American School in Switzerland until 1964, when he The third category is unlike the second in the rules, rights and remedies extending the rule of law to much increase in cost. Plainly, there are difficulties entered Boston College Law School as a Presidential willingness of the teacher to confront the student's millions of men working in industrial establishments, here. Any work by students would have to be care­ Scholar. He is spending his last year at the University layman questioning, "W hat is justice in such a case?" thereby curtailing the previously sanctioned power fully supervised; but most of the problems arising of Connecticut Law School. Consistency, and the geometry of the cases are con­ of owners and managers. Lawyers alone cannot claim in this environment are faidy simple as legal prob­ sidered, but at the heart of the class there is a toler­ credit for collective bargaining, the labor contract, lems go, and they fall into recurring patterns to such here do we look to locate'a school's view of ance for "gut reaction." Visceral feelings may not grievance procedures and arbitration, but their role an extent as to bring them within the competence of W legal education? The dominant factor in what win the day, but they will be probed to see whether was large enough to evidence the creative power of a third-year law student who knows where he can we might consider the law school's view of legal edu­ any reason is related to them. This teacher seems to the profession. obtain advice and guidance. Today, third-year students cation is the faculty. While there are probably as have no assigned material which he must cover. The are well-trained in book law, but they would profit many views of legal education as there are faculty judges mentioned throughout the curriculum are here V immeasurably from an apprenticeship under the di­ members, I think we can identify three general classes regarded as personalities and characters to be en­ One has only to look around him to see hundreds of rection of older lawyers. Such a reorientation of the of teachers in law school. countered and known. The legal education which he similar opportunities for this and the next generation work of the third year in law school might incident­ One category of teacher regards the law as a voca­ seeks to encourage is not easily distinguished from of lawyers. I have mentioned the all pervasive task ally do much to remedy the defect evidenced by the tion and is eager to set the student about his work. learning generally and today's newspaper is as likely of accomplishing the civil rights revolution within the fact that although students make giant strides toward To such a teacher, a minute examination of the case a source of class discussion as the casebook. framework of society instead of by its destruction. becoming lawyers during each of their first two before him exhausts his energies. He may volunteer The ferment in the criminal law reflects the impact years in law school, so little additional progress is a summary of the case or cases before the class. He All three categories of teacher are represented at of the teachings of sociologists and psychologists, but made during the third year that it is difficult in June presses the student to get at the law or rule of the the University of Connecticut. considering the great strides in human knowledge to tell the difference between the man at the end of case. Distractions annoy him and the hypothetical There are, within the law school building itself, we have made pitifully little progress in this aspect his second year and the man about to graduate. question is unsolicited. H is overriding concern is to many factors which influence legal education. At the of the law. Or consider the failure to keep govern­ find the answer. At the University of Connecticut he University of Connecticut there are many extra­ mental institutions and boundary lines abreast of VI would often keep his class half an hour or more after curricular attempts to combine the law with the urban development. There is an utter lack of corre­ To speak of the opportunity to live greatly within the hour, an imposition unheard of at Boston College. non-law. Films are shown periodically which may be spondence between the ecology of the metropolises (Continued on page 28) Believing what he has to say to be greatly important, of special interest to lawyers, but which are neverthe-

10 SUI JURIS FEBRUARY, 1967 11 less of general interest as well. The Last Angry Man of the bar, and, in common with all education, pro­ much time to accomplish so litde as we do. Our sages and Advise and Consent draw the law student into a vide a setting for the development of the person. have urged us to spend ten or twelve hours daily at community which is concerned with both law and There are some in the law school who have clung "the' law." So it is that isolated members of isolated recreation. The faculty-student coffee hours impose to their pre-law expectations. They have come to classes within an isolated school pore over rules of a social setting on the law student's day. Classroom "learn the law." Some teachers reinforce this expecta­ law and submit to an evaluation system which never FORUM issues and topics are not taboo at the coffee hour. tion. The case method is a smoke-screen for a hunt needs to be justified to anyone. The constant chatter There is no schizophrenia about the law and recre­ through the treatises. We may read cases, but the in our libraries, the inefficiency of our joint projects atIon. discussion is our of Wigmore or Prosser. Not fooled in several courses and the non-intellectual character This brings us to the law student's view of his by the teacher's pieties, the student buys canned briefs of our recreation all attest to the process of dimin­ SPONSORS legal education. At the University of Connecticut the and learns "the law." The exams are full of rules and ished returns. neighborhood law firm and the potential practice are exceptions (law for the left hand). Even where It is my judgment that too litde attention is given at hand. No teacher need prod his classes to consider there are no bells to drive us from class to class and in law school to the lawyer as a person. If the lawyer LABOR PROF. the practical applications of what is said. The student there is an honor system which lets us leave goods is to be a thinking member of society concerned is not very apt to be involved in civil rights or Viet­ unprotected, as at the University of Connecticut, one with the administration of justice he needs to have ac­ nam, at least not while at the campus. For the Uni­ gets the impression that three years of courses and cess to all the learning of his community and he needs T he eighteenth century doctrine of laissez-faire has versity of Connecticut student is a member of other cases could be profitably replaced by a thorough study to come to some full-time identification of himself always had a strange attraction for some men. communities besides the school. His hometown is of legal bibliography. as such a person. By all means let us be able crafts­ This was true during the nineteenth century when not a postmark on family mail, it is a community Perhaps legal education is designed to teach hu­ men, and please admit us to the bar; but ultimately, America was still primarily an agricultural nation. It which was, is and probably will be his home. I suspect mility to be arrogant. The surprising sharpness of the let us be human beings responsive to others and ex­ is true even as we enter the last third of the twentieth that concern about Vietnam would be expressed in student-teacher exchange often leaves the student pressive ourselves! century, with its emphasis on specialization, indus­ his local setting, noc his school. So it is that the legal mumbling to himself. How bitter the method is It is my conviction that no view of legal education trialization and mobility. A staunch advocate of the education of a University of Connecticut student is which the gentle Socrates established. Perhaps legal which is unconcerned with the fuller development of concept of "do-nothing" is Sylvester Petro, Profess()r purposely not more than one aspect of his life and education seeks to train students to think quickly. the person is satisfactory. Mark Antony's funeral ora­ of Labor Law at New York University for the past interest. The bad coffee and class schedule are more For some of us, this will be invaluable, no doubt. tion, Freud's analysis of the Id, the mobs' insistence fourteen years. likely to arouse a student petition than a race riot in But are there enough of us to justify orienting the on the crucifixion of Jesus, the war guilt clause of the Professor Petro, in speaking at the Boston College California. This inward-looking concern is balanced whole curriculum from moot court to final exams Treaty of Versailles - all are relevant to the lawyer. Law School Forum this past Fall, shocked his audience by the geographic membership in a community dis­ in favor of the glib and the quick-witted? The business of the legal vocation is one aspect of by advocating the repeal of the Taft-Hardey Act and tinct from the schooL The narrower academic world I am haunted by the thought that to practice law the business of life and some effort should be made all other labor legislation passed during the last fifty to which we travel daily must compete for our time effectively one must unlearn the fence-snaddling to keep job training within that context. years. He then suggested that the Sherman Anti-Trust and interest with zoning changes and television, with process developed in college. The law is stated by law should be repealed because he felt that after all high school and college friendships and with a sen­ statute, treatise and case and the lawyer must empha­ else had been repealed, someone would find a way to sational local triaL size those elements in the fact situation which statute, Father William Kenealy, S,f. is presently conduct­ include labor-management relations within its con­ Of course, it is difficult and in a sense incorrect to treatise and case suggest as crucial to his success in ing a Work-Study Program investigating the effect of fines and this must be avoided. The Professor left no speak of the University of Connecticut student or a the matter at hand. In shorr, he must be one-sided. the Escobedo and Miranda decisions of the Supreme doubt in the minds of his listeners that he was desir­ category two teacher, for the varieties of law school He makes the facts fit the rule. But this skill would Court upon the practical problems of law enforce­ ous of a return to the business practices of laissez­ students and teachers are great. Many factors make seem to be almost independent of law school. Doesn't ment. Charles A. Abdella and Richard N. Rougeau of faire. As the Professor developed his topic, "The Gov­ one man's education unlike another's. The dominant the pre-law test, the LSAT, direct itself at such a the third year class are serving as research and in­ ernment and National Emergency Strikes," he urged role of the law review at Boston College, the mystery preliminary skill? vestigative assistants to Father Kenealy. a policy of personal freedom in society and stated of law examinations, the moot court program - It is not yet clear to me where in the law school, "structures of rights and privileges created by the these may make any judgment about law school ex­ if anywhere, we shall ask such questions as "should common law is the ultimate in social controL" perience subjective and even unique to the individuaL the jury system be abandoned?", "is everyone en­ LEONARD FISHER '52 Asked if he had supported Goldwater during the Yet some evaluation of our legal education must be tided to a lawyer as a matter of right in every situa­ 2 Summit Avenue 1964 campaign, the professor replied to his audience attempted, if it is to develop at alL tion requiring legal advice? ", "should our laws seek of fifty-nine, "Goldwater was too far to the left for Brookline, Mass. What is the purpose of a law school? The answer to punish the guilty?", "should our contract law care me." This answer initiated a lively discussion on the seems unambiguous: The purpose of law school is

12 SUI JURIS FEBRUARY, 1967 IS "Conscience exists when man experiences himself as man, not as an object." Now, if you will allow an extension of the analogy, picture the African in this setting. On the site where we built our school, I often noticed this habit of obedience among the older REFLECTIONS ON AFRICA workers. When I asked for a nail, the man nodded and said, "oui, monsieur, oui monsieur" and returned with Behind the Myth a hammer or a board. Rather than ask for an explana­ tion and run the risk of possible chastisement or humiliation, he chose not to question and not to get by John F. Murphy} Jr. involved with the white man. To find a possible reason, we may draw once more from Fromm. The black clothes himself in the white man's dress, speaks Mr. Murphy graduated from Dartmouth College idea of a continent in turmoil where the darkness of the white man's language, and tries to learn the white in 1958 and served as an officer for three years in the the night and the beat of the drums hide a life of man's ways. But he remains black and, under the Marine Corps. Upon his release from active duty, he savagery and terror. Neither extreme contributes to irrational authority of the white ruler, disobedience in spent two years in Africa with the Peace Corps. In an understanding, and, as Ezekial Mphalele noted in the black man is punished. The black could never Gabon, he was the leader of a team of eight volunteers an article on poetry: "Sheer romanticism that fails to become "stronger and therefore more similar." The engaged in rural school construction. Upon his return, see the large landscape of the personality of the Afri­ sad, ironic result finds the white man condemning his he participated in Peace Corps training projects at can makes bad poetry. Facile protest also makes bad "backwardness and ignorance" and expecting ethical Dartmouth and Oberlin Colleges. He is presently a poetry. I refuse to be put in a Negro file for sociol­ behavior and sound value judgments from him, yet third year student at Boston College Law School. ogists to come and examine me . . . If African cul­ all the while forbidding him "that first act of freedom­ The following remarks are taken in part from a ture is worth anything at all, it should not require disobedience." One Frenchman who remained in Ga­ talk given at Oberlin in the Summer of 1964. myths to prop it up." (Foreign Affairs, July, 1964). bon after independence shrugged his shoulders while My approach might be one-sided, but I trust, far from he said, "It's a different mentality. They are not like John Murphy gives Albert Schweitzer a tour of a Peace Corps built school in Gabon. I should note in introduction that most of what I mythical. So I ask your forgiveness at the outset, not us Europeans. What can you expect in the bush saw in Africa took place outside of the large cities; for raising the questions, but for trying to give too country?" few impressions were derived from observations of many answers. The Africans who retained their self respect and For some Africans, this outward show of servility the modern way of life. In this respect I suppose you In Africa, prior to independence, the relationship dignity and their sense of outrage at how they were is a form of contempt, or, to put it less bitterly, a might say my approach is one sided. between the black and the white was at best marked being used were behind the drive for independence. game of mock seriousness. I remember scolding one Also, I have a dangerous tendency to generalize by liberal paternalism; at worst, by unyielding white Independence came to most of the .African countries of the workers for never coming to work on time. too often - to say "Africa" when I should say ascendancy. The white had to be there to "get things in the later part of the 1950's and in the early 1960's. His face assumed a pleading, hurt expression, and "Gabon." To pose as an expert on the entire con­ done." The colonial policy was directed at maintain­ The goal of these newly independent nations was when he said, "oui, monsieur, oui, monsieur," his tinent of Africa is no small accomplishment, when ing the status quo. The goal of the colonialists was embodied in the concept of African Socialism, enun­ eyes begged for forgiveness. As I walked away from you consider that Africa is inhabited by 600 different to keep the situation predictable. An offshoot of the ciated by Julius Nyerere, President of Tanzania. "The him, I turned around quickly. He was doubled over peoples, from the 7 foot Masai to the 4 foot pygmy, need for stability was the need for authoritarian re­ Africans desire an economy which will serve, and not in laughter. The anguish of life under colonial domi­ all with different wealths, customs, and geographies. gimes. The effect on the personality of the African be profit seeking. Capitalism went wrong when it nation was expressed by Mphalele, this time writing The continent varies from countries rich in mineral was devastating. A parallel can be drawn from Escape divorced wealth from wealth's true purpose - that of in African Heritage: "He (the white man) has taught wealth like the Congo, to countries the size of Somali, from Freedom, by Erich Fromm. He writes that simple needs, not power. In socialist countries, per­ me never to expect mercy - but who wants mercy? whose budget equals a week's take at Sears & Roe­ "there are two dynamics of authority, the rational and sonal wealth is not a symbol of power or prestige He has taught me never to beg for favours through buck. the irrational. The rational authority is that of the and wealth is used to banish poverty." Ruth Morgen­ the kitchen door but to take by force what I desire to Furthermore, my impressions were of course col­ student-teacher relationship. As the strength of the thau, on the other hand, writing in Africa Report, possess while he isn't looking. ored by a western, white, American outlook. emotional tie decreases, the person subject to the May, 1963, suggested that African socialism was the What I will say will undoubtedly give offense to authority becomes stronger, and therefore more sim­ He has driven me against the wall so that I never most acceptable for its suggestions of self determi­ someone, but perhaps this may be a healthy sign, ilar. The irrational authority demands obedience, sub­ forget I am black. He has taught me to lie to him and nation, "only because the suggestions of colonialism rather than a cause for alarm. mission, and the repression of thought and feeling." feel triumphant. Because he has made me get used in both capitalism and in communism have turned There are two approaches one usually takes to the Fromm states that man's history begins with his first to the back door, I have bought goods, stolen from his the African away." discussions of Africa. One is the "happy primitive act of freedom, disobedience to a command. Con­ shop by his own black worker, for less than the cost. How does this neat sounding idealistic theory with­ approach" - the idea of the noble savage, corrupted comitantly, he becomes aware of himself. "Ethics and And there are millions of me. We know almost every­ stand the test of practicality? by the ways of the western man. The other extreme ethical behavior is based on making value judgment thing about him and he knows nothing about us, so When independence came to most of the French can be found in the "dark continent approach" - the based on reason." we still hold the trump card." speaking countries, it came without a revolution. The

14 SUI JURIS FEBRUARY, 1967 15 Houseboys working for their new black masters bassador and the President of Gabon, was dedicating fondly recall their treatment by the whites for whom one of the schools we had built. So I had a telegram they worked prior to independence. On the island of sent to Libreville and the following day, the governor Lambarene, I worked unloading roofing, and at noon was willing to forget about the whole thing. On an­ I went into a roadside grocery store to get something other occasion, we caught the town treasurer adding to drink. I heard a horn blowing outside, but paid fictitious names to the pay roster I had submitted to no attention, then I heard the voices of a gathering him. He planned to come to our job site with the crowd. As I waited for change with the coke bottle money, call out the names of the workers on the pay in my hand, a man in a blue suit shouted at me. "Do list, and pocket the wages for the twO names he had you know who I am?" He was drunk and had two added. policemen with him. "Get your car off the road. I Referring once again to the theory of African So­ am the governor," he shouted. I stood there waiting cialism, I recall the Vice President of Gabon at the for my change. He interpreted my silence as arro­ dedication of one of the schools we had built. He told gance and taking a wild swing, knocked the bottle the people that they must work as "Les Americains" Hi, my name is John. What's yours? of sodapop out of my hands. It flew across the room had worked to help to build their country. He then and smashed against the wall. He told me once again switched into the tribal dialect so he wouldn't offend colonizers "granted" independence, and as a result, that he was in charge, then instructed the police that the few Frenchmen listening, in order to mention many of the former colonizers today maintain eco­ I should be placed under house arrest at the local how the French had never worked to build Gabon. nomic ties with their former colonies, and the col­ hoteL I learned that the previous Christmas he had (Ironically, it was a Frenchman who explained to onies, through unilateral trade agreements and foreign assaulted a French priest and put him in prison for me what the Vice President was saying.) He then aid, are still largely dependent upon their former a week. He had no trouble justifying his acts to any­ came back to the French language in order to show "They nail, carry stones and get their hands dirty . . " masters. Arnold Rivkin, writing in Challenge, asserts one since he was the nephew of the President. For­ everyone how "Les Americains" were working. "They that "loans are obtained from former colonizers, who tunately, Soapy Williams was in the country that nail, carry stones, and get their hands dirty. . . ." He for the most part want a stable government, and weekend and he, along with the United States am- broke off at this point and tried to bend down to where there is a stability on the surface, this means a demonstrate what it was like to get one's hands dirty men who we feel will do the most to promote sta:bil­ one party system. And the one party often itself pro­ but was so fat he couldn't even reach the ground. The tty. In seeking safe, neatly catalogued, pro-western gov­ hibits individual initiative. So authoritarian govern­ point was not lost on the African workers, who ernments we inadvertently promote the same vicious ments inhibit the development of vigorous private snickered among themselves. I remembered some of circle of favoritism, destruction of individual initi­ sectors." In this same need for stability can be seen Promoting and assisting the goals of African Socialism - the moral and legal ative, and widespread oppression that marked the the basis for the same type of authoritarian regime small business concerns obligation to work, production rather than consump­ rule in colonial times. And the bland surface of sta­ prevalent in colonial Africa, and in many instances tion, and non-exploitation of the classes, and reflected bility often hides an undercurrent of resentment and this has been just the result. that the Peace Corps workers in his country were distrust. Gabon, I was told before I arrived, was the David Hapgood, writing in Harpers in December AMERICAN probably among the very few at whom he could most stable, pro-western country of all the former of 1963, has noted that "A tiny handful of bureau­ point to demonstrate how the concept of African French colonies. Yet, in one day, I witnessed a coup crats hold the new levers of power in Africa; they CAPITAL Socialism was "working." d'etat which threw out the pro-west, pro-French are often brilliant political leaders ... but also One description was offered to me by a young president and installed the former foreign minister as spoiled, or privileged, sometimes corrupt, and usually CORPORATION Nigerian trader. I asked him what he thought about President - a man who was known to have said that failures in running the economy of their country. the political leadership in Gabon. He answered "In he would accept aid from any nation, East or West. . . . The African leaders waste resources on con­ the land of the blind, the one eyed man is king." The following day the French strafed the capital, 1330 Beacon Street spicuous consumption. Education is placed high, pol­ The above incidents are too isolated to draw from landed paratroopers and ended the coup. But during itics are placed high, economic development ranks Brookline 46, Mass them a full blown description of African leadership that one day, several of the young Gabonese teachers low. The passport to class is a diploma from the on the entire African continent. Nyerere of Tanzania and students throughout the country made speeches whites ... With independence, the blacks seized and Kenyata of Kenya certainly don't fit the descrip­ declaring that Gabon had at last had its revolution and pomp so long denied them. They cloak themselves in John J. McCullough RE 4-4050 tion, and there are others. It should further be noted gained its freedom. In N 'dende, a peaceful village in the old colonial prestige things - chauffeurs, palaces. Pres. that even where the description is accurate, it is often the South of Gabon, one boy was killed when he and There is a profound desire to match the ex-rulers who the western countries who are to blame. When the two hundred of his fellow students beat up five French despised them." This, I might note, extends even to A federal licensee under the Small United States takes an anticommunist approach to its instructors at the technical school. These were the the practice of corporal punishment. In the village Business Investment Act of 1958 foreign policy the goal it fosters in these countries is students with whom I had played basketball each day of N 'dende, our house was adjacent to the police the same as it was with the former colonizers - to after work. I spoke with the French physical educa­ station. At night we could hear the cries for mercy maintain the status quo and to keep the situation tion instructor, who was among the five who were as the Gabonese gendarmes beat their prisoners. predictable. We prop up the governments of those attacked, and he told me his best athlete was the

16 SUI JURIS FEBRUA RY, 1967 11 leader of the riot. All of this in stable, peaceful, pro­ does the African stand in his reaction to the Volunteer long winded discussions. Perhaps because you do not western Gabon. and to the often oppressing features of his new "in­ care, maybe because you are too tired or too busy, Enough has been written concerning the error the dependence"? He is always asked, upon his return or maybe because you know all the discussion would United States makes in dividing the world into pro­ to the United States, "Did you see many Commun­ not amount to a hill of beans when balanced with the western and pro-eastern blocs to allow me only to ists"? or "Is the Peace Corps beating Communism"? work you are doing. Perhaps it may even be because pass lightly upon it. Painting the world pro-red and When the retort is "No" or "it didn't matter too much words like "nation" and "neocolonialism," "capital­ pro-west and directing American foreign policy along to me one way or the other," he is dismissed as a ism" and "communism" are abstractions, and men an· anti-communist line, is, of course, a simple way. naive idealist unaware of the communist conspiracy. ...1 are real. It is always the good versus the bad. But in doing so, When I am asked I usually recall the time the Vice While in Africa you redefine your views of both the area of the conflict is extended, and irrationally President used us as an example of how such an un­ yourself and of the African. You note that in many high values are put on relatively worthless (strate­ American concept - "African Socialism" - could areas he has a greater insight than you do. Once, when gically) areas. Our reaction is always a defensive one. work. I also think of the man whom the revolution­ we went to the game reservation, we tried to get W e act because the communists act. This is an ill-con­ aries installed as President that one day before the the guide to pose for a picture. But he wouldn't be­ ceived theory because the use of anticommunism as French intervened - the man who said he would cause he was barefooted. W e thought this was being the basis of foreign policy tells us nothing, for ex­ accept aid from any nation, East or West. He was a bad sport about the whole thing, and we told him ample, about the division in the communist bloc. Also, the same man who, as Foreign Minister, had sug­ that it didn't matter. He said we would take the pic­ our neurotic anticommunism fails to take into ac­ gested to the President that the Peace Corps be in­ tures back to America and point out how poor and count the strong and equally neurotic fear of eco­ vited to Gabon. I wonder who is being naive? primitive the Gabonese are. This upset me at first, nomic imperialism, or neocolonialism of the newly While I was in Gabon, I didn't get into any long that he should think that way. But the more I think independent nations. Foreign aid to the new countries involved discussions about American policy, either of it, now that I am back, now that I have had my raises fear among the educated of those countries foreign or domestic. You are told here in training turn showing slides, the more I realize he was right. whether or not political independence is genuine and that you are going to run into a lot of questions about L'Amerique is the land of plenty, and all Americans whether or not western imperialism is gone for good. the American Negro. In my experience I did not are rich, the African tells you. You are not able to They see us buying the loyalty of local officials who find this to be true, mainly because I worked out­ deny this when they see what you throwaway in your will always agree with us. And when these same side the cities among the uneducated. And even when garbage. Coming from a society which places such And so, learning begins. officials make trade agreements with the West, the the men I worked with were aware of the "problem" high values on material things, you will be moved educated look upon the agreements as an extension of they refrained from mentioning it, perhaps out of when a man offers you food or one of his possessions, have remained say that the lawns around those gov­ the economic imperialism creating foreign markets politeness to their "guests" and perhaps also from which you think he should value highly, for no ap­ ernment buildings used to be well cut and neat, and for the benefit of American business. To us, imperi­ the old habit of obedience I have already mentioned. parent reason. You learn not to praise an object in his that the "mentalite Africaine" is not now ready to alism and colonialism are alien, strange sounding And I did nothing to encourage such discussion for home, for he will offer it to you. If you refuse, he assume such a responsibility. Soon you wonder who words from another era, and for us they have no reasons which I hope are obvious. As far as dis­ will be affronted. Soon you come to the point where has the deeper wisdom and what kind of mentality it meaning. To the African, conditioned by years of cussions themselves are concerned, it is difficult to you are forced to take a closer look at the meaning is which demands that a man spend all his free time colonial domination and a recent post-independence carry a point anyway. You have no common frame of the word "underdeveloped." trimming grass. I gave to one of the workers at one history of economic exploitation, imperialism and of reference. For example how do you explain that K. A. Busia, in the Challenge of Africa, states that of the schools we had built an inexpensive wristwatch. colonialism are the foundations for his entire out­ we oppose Castro because he does not hold free "In the kingroup the emphasis is on helpfulness and He was embarassed because he had to have me ex­ look on the West. As the word "colonialism" is alien elections when the man you are arguing with is from generosity, and a member fulfills his obligation not by plain to him how to tell time. I couldn't help but feel to us, so to them is the word "communism." And a country which has never had a real election? How what he accumulates for himself, but by what he that perhaps in learning he was the loser. I felt a when each side approaches the problem from the do you explain that Cuba has no freedom of the press gives to other members." Jacob Drachler notes in the greater sense of sadness not at seeing what a westerner starting point of his own particular phobia, there to someone who cannot read? So, you refrain from introduction to African Heritage, "the implication would call backwardness, but at noting all the in­ can be no common basis for understanding. While we that the more things a society has-, the more developed creased striving and acquiring on which a westerner argue that communism is the real menace, an::! point it is, may be erroneous. The well-intentioned concept places such high value. A man·s stature rises as he to Hungary and the weekly gunnings at the Berlin LO 6-8568 All wJrk fully guaranteed of "underdevelopment" tends to ignore deeper, more possesses a wristwatch, a transistor radio, and a bi­ wall, the Africans ask how can the French, who BROOKLINEEUROPEAN CAR SERVICE moving concerns of life, tells nothing about laughter, cycle. Even a flashlight to use at night for walking torture Algerians and explode nuclear weapons on (FORMERl Y BROOKLINEVOLKS SERVICE) poetry, wonder, worship. In short, it treats man in assumes the status of a prestige symbol. A teacher at the Sahara, and the Americans, who drop bombs on FACTORYTRAINED MEC HANICS his having, and not in his being." Ezekial Mphalele, one of the schools told me that he would rather walk villages in Southeast Asia, have genuinely innocent in the dark than use a lantern. "Lanterns," he said, Specializingi n repair and servicing of writing in Foreign A ffairs, supra, tells how "human intentions in Africa? "are used only by the poor." Volkswagencars and busses beings matter more to us than things. Weare not Where does the American Peace Corps volunteer always like Europeans, trying to master things, con­ All of this acquiring, you fear, will be accompanied 1 Griggs St. stan::! in this supposedly gran::! conflict, in this social­ quer or tame our setting." You notice the grass be­ by a loss of his own unique cultural experience and Hours: Mon. - Sat. (corner Brainerd Rd.) istic design, in this African fear of neo-colonialism ginning to grow around many of the buildings which with it his elevation of "humans" over "things." One 7 a.m. -5 p.m. Allston, Mass. an::! his hangover habit of obsequiousness, and where the French left after independence. The French who night while returning to our building site with some

18 SUI JURIS FEBRUARY, 1967 19 - - . _.------

lumber from one of the many sawmills, I had a flat tire. I was on a main road and hoping to stop someone FIRST passing, I slept the night in my truck. The following morning a woman from one of the nearby villages YEAR arrived with a bowl of fruit for me. No reason - Basic Tools For no quid pro quo - as we say. On another occasion we had to tear down a house in order to build a ELECTIONS school. After we had completed the destruction of Business Practice her house the woman arrived with a bowl of bananas. Elections for first-year officers were held on Thurs­ Nothing was "in it" for her. She thought the school day, December 1st. There were nine nominees was a· good idea. I multiply these instances by the for President, three for Section I Representative and FORMS and PROCEDURES UNDER MASSACHUSETTS CORPORATION LAW scores of other similar occurrences and I think what a two for Section II Representative. the UNIFORM COMMERCIAL CODE with Federal Tax Analysis tragedy it will be when the day arrives when such After the field of nine candidates had been reduced by William F. Willier and Frederick M. Hart By James W. Smith, Professor of Law, openness and generosity is lost. All for the price of a Professors of Law, Boston College Law School Boston College Law School, Massachusetts Bar to three, Matthew K. Garvey of Gales Ferry, Connec­ transistor radio. and Zolman Cavitch, ticut was elected President. Mr. Garvey was graduated Western Reserve Law School, Ohio Bar At the outset I promised I wouldn't romanticize This 1000 page volume is the practical from the University of Connecticut in 1955 with a guide to the new ground rules in commercial but perhaps unwillingly I've let myself do just that. Bachelor's Degree in Marketing. He has served as transactions as established by the Uniform This is the corporation guide for Massa­ I'd like to leave you with the one last word but I President of the Ledyard (Conn.) Junior Chamber Commercial Code. chusetts lawyers that was selected by the don't have it. Perhaps the broadest generalization one of Commerce and was quite active in many state and The volume presents Basic Forms for each Massachusetts Continuing Legal Education might make about Africa is that there is nothing local civic groups. Prior to his arrival at Boston Col­ type of commercial transaction , Each pro­ program for use in conjunction with their which can be definitely said about anything. I cer­ lege he was employed by the State of Connecticut as vision of the form is annotated with a brief, syllabus. The book is a step-by-step guide tainly have no solution to any of the questions which a Probation Officer of the Juvenile Court and was clear textual paragr.aph which'presents alter­ through all stages of corporate practice in I hope I have raised. No extreme is the privileged the Assistant Director of the Norwich, Connecticut, natives and optional clauses and lays down Massachusetts. It points out the tax econ­ omies available in the Federal Tax structure, guardian of the sacred truth, and neither the old Head Start Program. the changes under the Code. It not only tells you what to do, reminds you of how and as for example, the formation and operation way nor the new, neither white paternalism nor black William F. Farley, a native of Pawtucket, Rhode racism, neither self effacing leaders nor charismatic advises you, but also supplies you with the of "Subchapter S" corporations. Island, was chosen as the Representative for Section 1. demagogues hold a unique claim to any absolute. We new streamlined forms for use under the The authors are Zolman Cavitch and James He received a Bachelor's degree in Government from W. Smith. Mr. Cavitch has written exten­ might safely conclude that for Africa there will be new Code. Bowdoin College in 1964. While an undergraduate, Written by Professors Hart and WiIlier of sively in the corporate field and is an authority no man on horseback riding in with all the answers. Mr. Farley maintained a Dean's List average while Boston College Law School whose experience on taxation. Professor Smith is an expert on In Commentary, July, 1961, Walter Schwarz wrote participating in many activities, particularly sports. with the Code commenced with its formation corporate finance in Massachusetts, as well that "In spite of the apparent crystallization into Since graduation, he has been employed by Crowell­ and has continued through with its adoption as on taxation, and is a regular contributor to argumentative camps and tendencies, into clients of Collier-MacMillan, Inc. as a Sales Manager in Los and use. the Annual Survey of Massachusetts Law. In east and west, into radicals and pragmatists, the real­ Angeles, California. Using these new patterns will distinguish this volume he has fully integrated the pro­ ization is slowly gaining that such divisions are no Section II chose Robert J. O'Donnell of Northboro, you as a practitioner who is up to date. visions of the new Massachusetts Business longer entirely relevant . . . there is emerging a Massachusetts as Representative. He was graduated Employing these new-style papers will show Corporation Law (Chapter 156B, effective that you are in tune with the procedures being October 1, 1965) into his coverage of Massa­ maturer Africa. Neither pro-east nor pro-west, it will from the University of California in 1965 with a followed by the leaders of the commercial, chusetts corporation law combined with the at last be itself." Bachelor's Degree in Business Administration. Mr. If Oscar Wilde was correct in saying that all influ­ banking and corporation law bar throughout intricacies of the Internal Revenue Code. O'Donnell was quite active in extra-curricular activ­ v/ ence is immoral, shouldn't this be our goal also? the country. This volume is a must for every This is the only publication that completely ities as an undergraduate which led to his being lawyer handling any commercial transaction. covers the new law. at last, to let Africa be itself. named to the University's Senior Hall of Fame. Upon graduation, he received a fellowship from the Coro Foundation for a one year internship in public affairs & in San Francisco. MATTHEW BENDER COMPANY, INC. TAM O'SHANTER ROOM @) 1648 Beacon Street 205 East 42nd St., New York 17, N. Y. Brookline George Mellen, Manager Professor William F. W illier will be on sabbatical leave during the second semester, devoting most of liThe Other Student Baril his time to writing his half of a treatise on Com­ mercial Paper in co-authorship with Professor Fred­ erick M. Hart.

20 SUI JURIS FEBRUARY, 1967 21 Joseph G . M. Vidoli has formed a (Ed. Note: This is the second article in a series of 1959 - partnership with Norman Cohen, ALUMN I W alter Aylward has formed a Howard C. Schwab and Joseph P. conversations with alumni of Boston College Law partnership with Bruce M. Bell Jlnd Jordan, suite 300, Huron Building, School) . Mr. White is presently the Secretary of State John V . Trump , 3100 Mowry Avenue, Toledo, Ohio. NEWS Fremont, California. of Massachusetts. When elected in 1960 at the age of John C. Carragher has formed a 1965 - 30, he became the youngest constitutional officer in partnership with Richard L. Fox and the history of Massachusetts. Alan G. Lampert, '64 21 George Thoma s James Carey, Jr., is doing 1949- Street, Lowell, Massachusetts. graduate work at Harvard Law His pluralities have been extremely impressive: Edward F. Daly has been named School. Chief of the Branch of Welfare and Francis J . Pavetti has formed a 1960 -120}000 over Edward Brooke Pension Plans in the U.S. Labor De­ partnership with Mr. and Mrs. Ralph 1962 - 500}000 over Harris Reynolds P. DuPont, 281 State Street, New 1966- partment's Office of Labor-Manage­ over Wallace Crawford (This plur- ment Welfare-Pension Reports. London, Connecticut. Carl A. Cira, Jr. has been named 1964-959}000 one of the first Peace Corps volun­ ality is a record for a constitutional teers assigned to Municipal Govern­ 195 1 - 1960- officer in the Commonwealth) Elwynn J. Miller has been elected ments in Venezuela. Thomas J . Barrett was appointed 1966 - 800}000 over Raymond Truedal Labor Negotiator for the city of President of the American Associ­ Richard G. Kotarba has become Bridgeport, Connecticut. ation of Attorney-Certified Public associated with the firm of Meyer, White graduated from Williams College before Accountants, Inc., at a recent conven­ Unkovic and Scott, 1424 Frick Build­ Edward J. Caldwell has been ap­ tion. ing, Pittsburgh, Pennsylvania. coming to Boston College Law School. He has trans­ pointed as a co-counsel to the Bridge­ formed the Secretary of State}s office from a rather port Redevelopment Agency. 1 Charles P. O'Connor has become Hugh C. Curran was elected M ayor 961- associated with the law offices of confusing place to the most efficient office on Beacon D ennis L. D itelberg has removed Dace & Moore, 375 Commonwealth of Bridgeport, Connecticut in No· Hill. Kevin White is consider~dto be the great hope his office to suite 340, Old South Avenue, Boston. vember. for the Democrats to regain strength in Massachu­ Building, 294 Washington Street, D ouglas F. Raymond has been ap­ W illiam J. Reynolds has been Boston, Massachusetts. setts. elected Mayor of Newington, Connec­ pointed manager-Contract Adminis­ Ronald F. Newburg has become ticut. tration of General Electric Company's associated with the Brokerage Firm Mississippi Test Support Department. Norman A. Shupeck has been of Harris, Upham and Company, 225 elected a Vice-President of Moore & Timothy J . Sullivan, Jr. has be­ Franklin Street, Boston, Massachu­ come engaged in the general practice Schley, Inc., 120 Broadway, New setts. York, New York. of law with offices at 28 North Street, Joseph P. W arner has become as­ Pittsfield, Massachusetts. Conversation With Kevin White sociated with the firm of Hemenway Carl J. Young has become asso­ 195 2- & Barnes, 73 Tremont Street, Boston, ciated with the office of John A. John M. Brannelly was appointed Massachusetts. as a co-counsel to the Bridgeport Re­ Johnson, 5 Whittier Place, Boston. By Chuck Sullivan development Agency. 1 Will iam J. Dooley has been ap­ 963- Roger S. Davis has opened offices, Mr. Whit e, how did you become interested in chusetts and Boston Bar Associations on the Cor­ pointed western regional manager of specializing in Taxation, Estate Plan­ the Grace Construction Materials Di_ the politica l arena ? poration laws. Out of these efforts has come Chapter ning and Employee Benefit Plans, 15 IN MEMORIAM vision of W. R. Grace & Company's Court Square, Boston, Massachusetts. 156B. As a result of this statute it now takes but Dewey and Almy Chemical Division, My father and grandfather were always active in Cambridge, Massachusetts. Barry L. W ieder has been awarded Stanley A. Bowker 1932 public service. My dad served as President of the one day to incorporate in Massachusetts. It formerly an Army certificate of achievement took a much longer time, sometimes up to six months. by Headquarters , Fort Hood, Texas. Frank T . Cullather 1949 Boston City Council. As soon as I was old enough 1956- to listen, I began to absorb a few political lessons We have initiated centralized tabulating facilities for John J. Luckhart has been ap­ John J. Drummey 1936 1964 - which have helped me a great deal. I began to work elections. This has made it possible for the public to pointed as Tax Attorney for Bridge­ Alfred Sung Yen Fang 1950 port, Connecticut. Francis A. Danahy has been with actively in campaigns from the time I reached the age get election results much more quickly. We have also the office of General Counsel, Gen­ Howard J. Hall 1937 introduced the campaign disclosure laws. eral Services Administration, in the of 16. I worked on every level of campaigning. After 1957- position of Trial Attorney since No­ Charles H. McCue 1935 graduation from B.C. Law, there was an opening for Howard J. Moraghan was recently vember, 1965. W hat do you feel is the best solution to the appointed Chief Prosecutor for the an Assistant District Attorney in Suffolk County and Connecticut Circuit Court (Third I took the job. A couple of years later there was a present dilemma of camp aign money ? Circuit) . Hobbs & Warren, Inc. Many of the items in this sec­ vacancy in the Secretary's job. I was only 29 at the We will eventually get to some sort of subsidy or Thomas P. Salmon was re-elected time of the Convention, but due to the help of some support of campaigns. It is becoming impossible for to the Vermont House of Representa­ 80 SUMM ER STREET tion have appeared courtesy of tives in November. BOSTON Sheila E. McGovern '60 who has of my law school classmates, a few other friends, and even the most wealthy man to conduct a campaign James F. Stapleton was re-elected Publishers of volunteered to act as a collector a lot of white carnations, I got the nod. The first for public office. to a Third Term on the Bridgeport, STANDARD LEGAL FORMS election against Ed Brooke was a difficult fight. Since Connecticut Board of Education. of alumni information for all Headquarters for classes. Please send any "newsy that time elections have not been a great problem. Wh at does the Democr atic Party need to be 1958 - UNIFORM items" concerning Law School successful in the future? COMMERCIAL CODE Robert F. O'Connell has entered grads to SUI JURIS or to Miss Wh at have been your rna jar pro grams as Sec­ Personnel . . . W e have to interest the young in the practice of patent law with the FORMS McGovern at the Probate Court, retary of State? the philosophy of the Democratic Party. Young peo­ firm of Cooch and O'Connell, Cam­ 1I 2-7947 1I 2-7948 bridge. Massachusetts. East Cambridge, Massachusetts. We have worked in conjunction with the Massa- (Continued on page 29)

22 SUI JURIS FEBRUARY, 1967 23 men in Viet Nam. What do you forsee in the On The War and Other Things future in manpower and finances? How far can we go?

By Charles A. Abdella A - Well, I do not think you can predict the amount of finances or the cost or even the manpower. As the President has said, we will attempt to On October 13, 1966, Sui Juris received an exclusive doing .more, not less. So that the desire ex­ supply the manpower and materials that are interview with Vice President Hubert H. Humphrey pressed through the public, at least from the needed and required by General Westmoreland who arrived in Boston to speak at a Boston College polls, and I have reason to think the polls re­ for the military operations that are planned. Public Affairs Forum as well as enthusiastically pro­ flect current public opinion, the desire is to Of course, we hope to keep those within reason­ mote and predict the election of Democratic Party do more, step up the activities rather than ease able limits. The costs are high; the amount of candidates in Massachusetts and nationally. To a ca­ it off.The Administration policy on the war in manpower is large; but, of course, it is not a pacity crowd at a Faneuil Hall rally he leveled rip­ Viet Nam is to bring to bear that amount of major conflagration in terms of World War II roaring assaults upon the Republicans and called for strength that is necessary for the achievement or even the Korean War experience. a sweeping Democratic victory to further the pro­ of our objective. grams of the Great Society. During November the Q - Mr. Vice President, it has been reported as the heralded Manila Peace Conference concluded with no Q - Mr. Vice President, just what are our objec­ third largest war this co'untry has ever fought. new tangible solutions or proposals to the Viet Nam tives? This conflict has been described as merely Latest reports indicated it has in fact exceeded conflict; the elections resulted in a national Republi­ a civil war. our effort in the Korean conflict. Considering can tidal wave increasing the number of GOP House manpower, Congress has given the President seats by 47 and Senate seats by 3; all major Demo­ A - Our objectives are to prevent the success of that the power to activate reserve and national guard cratic candidates were defeated in Massachusetts. In aggression; our objective is to stop that agres­ units. Do you foresee any activations before the December housewives continued to picket super mar­ sion; our objective is to permit the peoples of end of the year? kets protesting the high prices; government sources South Viet Nam to exercise that right of self Charles A. Abdella interviewing Vice President Hubert H. reported increased casualties in the war and indicated determination and together with themselves and A - I don't think you can predict and I don't think Humphrey. a major escalation resulting in the doubling of Amer­ those who may be able to help them to build a it would be wise for the Vice President to at­ ican forces during the next year. In January the Presi­ viable economy and free society. Those are our tempt to predict. As I've said, President Johnson in Europe - both eastern and western Europe. dent told the American people to expect a difficult objectives. Now, our objective is not to con­ has openly stated that he will try to respond year and asked for a 6% surcharge on taxes to em­ quer North Viet Nam, not to invade any other to the manpower needs and material require­ phasize the point. land. I can say to you it does not take any ments as asked for by Gen. Westmoreland. We Q - Will this help us in any way towards easing the The editors believe the Vice President's comments great deal of statesmanship to get this world are hopeful that we can see this war de-escalate. problems in Viet Nam? are of as much interest in February as they were in into a world war. Any fool can do that. Our objective is to seek a negotiated peace that October. We leave it to the individual reader to de­ will protect the right of self-determination in A - Yes, it should. It should make some contribu­ cide whether the Vice-President's views are being Q - Mr. Vice President, we are now spending $20 South Viet Nam. We'll pursue this objective. tion. borne out or not. billion a month with over 320,000 American Q - In recent days we have witnessed conferences Q - Weare presently in an inflationary period. Q - Welcome to Boston College Mr. Vice President. between the President and members of the Rus­ What steps will be taken to lead us out of this sian and other Communist governments. Have spiral? Do you anticipate an increase in any A - Thank you, happy to be here. Professor Harold G. Wren has recently completed you seen any inkling in a break in the "cold taxes, freeze on wages . .. ? a casebook on Corporate Reorganization. The book war" or any .movement toward that end? Q - Recent polls indicate that only 43% of the is intended to be very functional in nature, bringing A - We ll, as yet we do not see that. When the full American people favor our position in Viet together all the problems that counsel must consider A - Well, our relationships are reasonably cordial. bill comes in for our yearly costs of Viet Nam Nam and 39% are against it. Some claim we in carrying out a reorganization. At present, Profes­ And, as you know, President Johnson and the and appropriations by the Congress, if addi­ are not using all of our power. Why can't we sor Wren is writing a book on Estate Planning for State Dept. offices and our ambassadors are tional revenues are needed, then of course, mobilize and finish the war as soon as possible? use by both the practitioner and the law student. In attempting to keep these relationships fluid and we'll have to place a tax. But once again, we addition, he is currently acting as Chairman of the sound and cordial. Hopefully we look to a don't want to tinker with a very sensitive and A - May I say that our objective is to get this war Committee on Small Estates of the American Bar better day. The President's speech given on high velocity economy with fiscal measures un­ over with as quickly as possible, but the method Association and as a Reporter for the Uniform Pro­ Europe about two weeks ago, particularly the less they are required. I can only tell you this, of getting it over may be somewhat debatable. bate Code, working in the area of Independent Ad­ references to eastern Europe, I think was very that if the bill indicates that we're going to Of the 39%, about 21% think we ought to be ministration and Community Property. helpful and it has promoted a very good feeling have a substantial federal deficit, there will have

24 SUI JURIS FEBRUARY, 1967 25 to be, of course, an increase in taxes. If not, work, but he's a senator. I served as a senator. Questions and Answers can airplane. It would be set aside for traveling mem­ we don't want to increase those taxes. As a senator you have a great deal of freedom with Grant Swinger bers of the Center and the associated institutions. of expression and movement. The president of Q. Yes. Q - Mr. Humphrey, returning to the war, how soon the United States has the responsibility for (By D. S. Greenberg in SCIENCE 151, 1201 A. And we are also looking into the establishment can we hope to conclude this Asian conflict? guiding the destiny of this nation. What's im­ (1966), copyright 1966 by the American Association of the first $l-million chair at any university. portant is that President Johnson makes the for the Advancement of Science.) A - In the Asian area, we face a militant Asian decisions that are in this nation's national in­ Q. A million-dollar endowment? Communism that is reckless and at times irre­ terests and in the interest of world peace. And A. No, a million-dollar salary, and that would be Q. Dr. Swinger, what is the Center for the sponsible, highly militant and aggressive. We when you start making tough decisions on Viet for 9 months. The resulting publicity and prestige Absorption of Federal Funds? are not seeking to have a major war. We are Nam, inflation, the budget, affecting millions for an institution with such a chair would be simply A. It is an organization, created by a consortium seeking to prevent one; and our purpose in of lives of people at home and abroad, you draw fantastic. of several institutions, for the purpose of surveying Viet Nam, above all, is to prevent the outbreak down on the bank of popularity. Popularity is preliminary steps toward a · fresh look at some of the Q. The salary would cover only 9 months? of World War III. We happen to think aggres­ like a line of credit to a bank - it's to be used. more vexing problems of research, education and A. Yes, to provide opportunities for consulting sion unchecked is aggression unleashed. What What's important is that he makes the right society. and travel in the summer months. Furthermore, our we seek is to put Out the fire rather than to decisions for your nation. preliminary investigations suggest that, to maximize expand it. The greatest weakness in Viet Nam I might summarize by saying, your president Q. What are some examples of its work? the prestige, the recipient should have neither teach­ today is not military power. There is no power today commands a very very good rating among A. I'll be happy to tell you, but first I think it ing nor research duties, and in fact should rarely, on the face of the earth that can drive the the American people. The senator from New should be understood that the Center does not take possibly never, be on campus. United States and allies of freedom Out of York does too. They happen to agree on most any problem to the closure mode. South Viet Nam. No combination of problems issues. Both of them are Democrats. I like both Q. The closure mode? Q. What are some of the other services per­ can do so. But, I think, having said that, it is of them; and I hope both of them like me. A. Yes, that is, we don't finalize any problems. We formed by the Center? not possible to settle the problems of South­ confine ourselves to pioneering in developing new east Asia simply by military methods. I want Q - Some say that since you assumed the Vice approaches. We tend to be technique oriented. you to know that your country has so much Presidency you are not the same person who Q. Specifically, what are some examples of the power that it is almost beyond human com­ was so closely associated with the ADA move­ Center's work? LAW OUTLINES prehension. The greatest burden your nation ment. Would you comment on that, sir? A. Well, the Center staff members have resolved has is how to use that power wiith restraint and the conflict between teaching and research. A - This Administration has enacted most of the CASE DIGESTS responsibility. I must say, that if the American Q. How? platform promises of the ADA. It is not Hum­ people feel the answer to our problems is mas­ phrey that has changed. ADA had one emo­ A. By doing neither. sive war, and I do not think they do, then we NEW and USED LAW TEXTBOOKS tional binge after another, and I was part of it, Q. I see. Then what do they do? are headed down a road of catastrophy. Be­ on civil rights. We passed more civil rights A. They confer, they comment on each other's cause in the period in which we live, there is legislation than any ADA resolution writer past papers; they travel a good deal. There is no short­ no place that is safe in a nuclear exchange. And could think of putting into a resolution. I'm a age of activity. In fact the pace is cruel. It is just that HARVARD BOOK STORE make no mistake about it, we run the risk every founder of ADA. I like it; I think it's a fine our people don't want to get into the classic dilemma day in Viet Nam of major escalation unless we organization. I think on occasion it makes some of having to choose between the classroom and the 1248 Massachusetts Avenue apply political responsibility and diplomatic bad political judgments. laboratory or library. restraint. We seek to bring the enemy to the Cambridge 38, Mass. Q. What else does the Center do? conference table for a negotiated settlement. Q - THANK YOU, MR. VICE PRESIDENT. A. Well, it is doing some preliminary work toward the development of new programs, procedures, Open until 10 P.M. Q - Would you care to comment upon the rising and goals for our member institutions. popularity of Senator Robert Kennedy in re­ Dean Robert F. Drinan, S.]. is in the process of spect to the declining popularity of President completing a Casebook on Church-State Relations. Q. Such as? TR 6-9069 Johnson? The Dean is collaborating with Professor Paul Coiper A. We are investigating the establishment of a of the University of Michigan in the preparation of new undergraduate program to be known as Junior Year on Campus. A - The Senator from New York, Robert Kennedy, this volume. This will be the first single volume book Opposite Lamont Library does enjoy immense popularity. And all I can treating all of the Supreme Court cases in the area. Q. I see. say is thank goodness he's a Democrat. I sure In addition, numerous state court decisions will be A. In addition, we are looking into the possibility appreciate that. included. The Dean feels this will be of invaluable of new sources of support. For example, there is the LAW SCHOOL BOOKS BOUGHT May I just say that senators and presidents service to the student as it will provide him with the Pan-American Chair. have different roles to perform. Sen. Kennedy interpretation of the Federal decisions by the various Q. In Latin-American studies? AND SOLD AT ALL TIMES is an able man, a brilliant man. He knows his state courts. A. Oh, no, this is actually a chair on a Pan-Ameri-

26 SUI JURIS FEBRUARY, 1967 27 ...

A. Because many universltles are experiencing have adopted the motto, "As Long As You're Up Get Hunt Visits Law School A unique approach to the problem of juvenile delin­ difficulty in filling administrative positions, we have Me a Grant." I think we can only grow. quency is currently being developed in a course being established a Rent-a-Dean service. Q. Thank you, Dr. Swinger. taught by Professor Sanford J. Fox. It involves a two Q. Rent-a-Dean? Jim "Earthquake" Hunt was the Guest of Honor part program combining the seminar approach, which A. Yes, we will provide a dean for a flat daily at the Justice Black Law Club's Christmas Party is used during the first semester, with actual court The Lawyer's Profession charge,plus so much for each decision he renders. The before the Christmas recess. Hunt is an AFL All Star room experience in the second. The program is aimed advantage to the university, of course, is that it does (Continued from page 10) at the rehabilitation of the juvenile through total who plays defensive tackle for the Boston Patriots. not have to make a permanent commitment and may the law in terms of shaping legal institutions to meet understanding of the problems which place a child in He was greeted by the largest law club attendance of return the dean any time, which, in effect, is what new needs of men may seem upon superficial glance conflict with society. The students involved are aided now goes on anyways with many major appoint­ to emphasize the role of the government lawyer or the year as the student lounge was filled to capacity. in the course by a psychologist, a psychiatrist, a social ments. judge at the expense of private practice. That is not Hunt spoke briefly of his experiences as a professional worker, a trial assistant, the Assistant Dean, as Coun­ Q. I see. my intent. The lawyer in private practice be he the player. sel of record, and several Juvenile Court judges. This A. We also have an assortment of related services, wise family counsellor or adviser to a giant corpora­ socio-legal approach permits the students to fully such as Rent-a-Fellow, if an institution is unable to tion shares in the commitment of our men of law. The ...I grasp the problems involved in juvenile work. During fill the fellowships that it has available. great strength of the Bar is that we serve all the d the second semester, each student is assigned a case. Q. Are there other activities of the Center? interests in society yet, if we are true to our inheri­ His work product is discussed in light of the princi­ A. Yes, for example, we are devising new types tance we remain one profession and we remain inde­ ples developed during the first semester. The improve­ of tests and examinations. The most promising de­ pendent. ment of the Juvenile Court System is the ultimate velopment so far is one in which the student is furn­ There have been times when the legal profession goal of Professor Fox. This course is but one step. ished with, let's say, 25 footnotes, and is required to lost its sense of identity and lawyers began to think write a paper incorporating them in the given order. of themselves as servants of the interests of their clients rather than as independent officers of the Q. Are there other activities of the Center? courts. Some lawyers succumb to the temptation to A. Yes, we are looking into the creation of a commit themselves to the goals of the special interests new academic title to reflect some of the realities of Kevin White that retain them - corporations, insurance com­ modern-day education and research. have tenta­ We panies, government, labor unions or personal injury tively decided upon the title post-doctoral emeritus. (Continued from page 23) claimants. The legal profession has its own compass Finally, we do a great deal of international consulting. to guide it. There is no dilemma here. It is the law­ For example, I will be leaving for Africa in the morn­ pie have entered the Democratic Party but have not yers who sense society's true purpose and direction ing for a conference on Space, the Atom, Particle advanced. Too many avenues of opportunity are be­ independently, who give their clients the wisest Associate Dean Francis ]. Larkin presents "Pickles!! Hunt Physics, and the Emerging Tribe. ing denied to the youth of the Democratic Party. This counsel. The client wants to know not just what the to the Justice Black Law Club. youth is turning elsewhere. Q. How long will you stay? law books say, but where the law is trending and what A. Oh, it's just for the afternoon. I have to be will be in the public interest. in L.A. the next day for an international conference One can live greatly in the law because ours is an For your business and pleasure Do you favor a continuation of the Convention­ that will be attended by about 200 persons. independent, public calling - one with an eight-cen­ travel Primary System in Massachusetts? Q. On what subject? tury-old commitment. write Yes, If we have only the Convention, political Remember then the words of Edmund Burke: - phone A. As far as I know, a topic has not yet been visit bosses will have the opportunity to force their choices selected. "It is therefore our business . . . rather on the people. With only the Primary, old names will CHESTNUT HILL TRAVEL to run the risque of falling into faults in a continue to re-appear and new candidates will never Q. Dr. Swinger, this may be a delicate mat­ 1200 Boylston St. ter, how can these activities be justified to the course which leads us to act with effect and have a realistic opportunity to run. The present system but Chestnut Hill, Mass. energy, than to loiter out our days without provides the correct balance. public authorities? RE 4-0600 blame, and without use. Publick life is a sit­ A. Oh, I think that an examination of the histor­ ical record shows that we are well over that hump. uation of power and energy; he trespasses against his duty who sleeps upon his watch, Do you feel that Massachusetts is in need of But the advice of our Committee on Research and as well as he that goes over to the enemy." William E. Ryan, President of the Alumni Associa­ constitutional reform? Publications is that, if questions arise, they usually tion, has begun formulating plans for the forthcoming can be settled with a few brief references to hybrid I am delighted with the constitutional reforms we Annual Law Day Dinner which is held each May. corn, penicillin, atomic energy, and serendipity. Really have already made (4 year terms). I think, however, These remarks are taken from an address given on Mr. Ryan looks forward to as interesting and well­ not a problem. that there should be considerable study of the various Parent's Day, November 7,1965. They are as relevan~ attended an event as last year. There will be further suggested reforms before we conduct a constitutional Q. What future do you see for the Center? today as they were when delivered. For this reason, information on the Dinner in the March Issue of convention. The Governor has appointed a group A. Quite obviously it can only grow bigger. We we publish them. Ed. Sui Juris. for the purpose of such a study.

28 SUI JURIS FEBRUARY, 1967 29 On Thursday, February 9, I attended a funeral - Can there be faith when our most widely the funeral of Lt . Brian O'Connor. The poem pre­ read document begins, "I regret to inform sented below was written not by Brian the Lt. but by you . ... " and not "in the beginning God Brian the student. It first appeared in 1958 in the created.... " Merrimack College literary magazine, the Carillon. Petty, cadaverous crosses daub him and In 1959, Brian left school to enlist in the Marine his comrades God give us the strength to Corps. Four years later he returned to Merrimack and fight on, BOSTONCOLLEGE was graduated with First Honors in 1965. He then So that no other father may open a letter, rejoined the Corps, this time as an officer. On Febru­ in cataleptic panic as a dog tag tumbles and ary 1, 1967, Lt. O'Connor was struck by a sniper's clamors free. INDUSTRIAL& COMMERCIAL bullet and killed while on patrol in Viet Nam. His comments are worthy of note. Editor. This past summer Professor Arthur Berney re­ LAWREVIEW cruited a number of students interested in the area of Civil Rights to assist different Civil Rights Organiza­ THE NATION'S ONLY LAW REVIEW DEVOTED DOGTAG tions in the preparation of appellate briefs. The Pro­ TO A COMPLETE AND ACCURATE COVERAGE fessor, believing that specific programs with set or­ OF INDUSTRIAL AND COMMERCIAL LAW ganizational patterns are now necessary, is in 'the Coral shelves encompassed, hidden in process of preparing a memoranda which will soon translucent expanses; ash beaches, black, be presented to the faculty outlining the purposes and red, palm studded defenses in depth; Annual Labor Law Comment bringing the entire field goals of the project. The Professor is seeking the lagoons of hope, isles of despair; of Labor Law up to date creation of a Civil Rights briefing service, including He came to you to die, decay to ash, a publication for Civil Rights oriented material, the travel upward and perch on mountains of Annual Symposium Issue on a specific of Indus­ establishment and staffing of a neighborhood legal area joy or to lament demeaned in an abyss of hellfire. trial & Commercial Law service office (along the lines of Rule 11 as explained No pictures or heirlooms did he leave in the last issue of Sui Juris) and the creation of a save the usual faces of his time. liaison committee to work out joint projects and Outstanding lead articles by the nation's foremost Jazz records, worn out dungarees; half speakers with similar organizations from other law authorities threaded baseball schools in the Boston area. He came a young boy, did he go aged two Case Notes or Comments on all important develop­ score ments in Aged by a riflesight vista at the evil reciprocated by men? (SBA continued from page 3) Trade Regulations Secured Transactions Jehovah, Jehovah, 1 curse you. Security Regulations Labor Law in order to explore the possibilities of stronger ties Deeming the removal from a planet Bankruptcy Taxation between the alumni and students. 1 hope to meet Corporations Uniform Commercial Code buried millions of light years in a with him to discuss increased participation in their phosphorescent galaxy of nebular masses, a various activities, particularly the Law Day Dinner. spark of life, this is the epitome of despair. At the same time, 1 will present the idea of a pro­ Minute, ironically innocent in my hands posed mentor program to him in the hope that Published Summer, Winter, Fall, Spring it lies. interested alumni may be able to assist students with Twenty years of life etched, numbered in job experience and possible placement after gradu­ $2.25 PER ISSUE $6.00 PER YEAR tarnished metal. ation. Years of growth - spilt cereal bowls, This report has sought to present some insight into first Communion, first trout. the activities of the Student Bar Association. 1 hope Address the Managing Editor: First shave - tides of frustration, of that the accomplishments of the Association are ap­ Boston College Industrial and Commercial Law Review happiness, of palpitation, of sorrow, but parent to the students and that the alumni, no matter always dehiscent companionship. what the year of their graduation, are interested in Boston College Law School, Brighton, Massachusetts 02135 What good is wealth? Where is its power? our efforts. The SBA would deeply appreciate any its usefulness? correspondence from the alumni suggesting means 1 could bronze or golden them, but the of strengthening the ties between the students and silvergray would malignantly seep through. graduates.

30 SUI JURIS From STUDENT BAR ASSOCIATION of the Non-Profit Org. BOSTON COLLEGE LAW SCHOOL U. S. Postage St. T ho mas More Drive Brighton, Msss. 02135 PAID The Law Library BOSTON, MASS. • University of Wash • School of Law Permit No. 55294 S~attle, WA 981 05

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