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10-21-1974 Hastings Law News Vol.7 No.5 UC Hastings College of the Law

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Volume VII, Number V October 21, 1974 SEX BLIND JURIES Alleging deprivation of MOSCONE equal protection and due pro - cess for women, the American Bar Association has asked the U.S. Supreme Court to prohibit State Senator George Moscone the classification of potential (Dem-San Francisco) will speak jurors by sex . this ｔｨｾｲｳ､｡ｹ＠ at 11:40 in room In an amicus curiae brief, H. The address is being spon- the ABA said "the time has sored by the Hastings Democrats come for the Court to abandon Moscone, a Hastings graduate, the presumption that the classi will be a candidate for mayor fications based on sex are of San Francisco in next year's rational and constitutionally election, according to informed valid. This Court should sources. renounce the concept that A native of Sun Francisco, women may be treated different Moscone is currently seeking from men under law on the basis his third term in the legisla- that women may properly be ture's upper house. He has relegated to certain narrow served as Democratic Floor roles in our society." Leader of the Senate since 1967 Prepared by the ABA's Section and is chairman of the Subcom- on Individual Rights and Res- mittee on Nutrition and Human ponsibilities, the brief was Needs. filed in support of an American A leader of progressive Civil Liberties Union suit forces in the legislature, MQs- which led to a U.S. district cone has authored a number of court decision striking down major bills, including the re- Louisiana's jury sex classifi- cently enacted conflict of in- cation statutes and constitu- terest law, described by Common tional provisions. Under them, Cuase as the "toughest conflict women may serve on juries only of interest bill ever presented by filing a written declara- to a state legislature." tion of their desire to do so. The state appealed the deci- sion, contending that women should be automatically exempt- ed from jury duty in the inter- ests of caring for young chi1 - PIRC ANNOUNCES NEW PROJECTS reno The state contends this is a compelling state interest 665-2861 or and thus grounds for sexual The Hastings office of Nor- Phones: classification. Cal PIRG (Public Interest ｒ･ｾ＠ 441-8850 The ABA brief said that, search Group) announced this 2. Public Interest Lawsuit because of the limitation, wo- week the formation of eight Pamphlet: information primari- men have never exceeded five projects for the year. A meet- ly for the non-lawyer about thE percent of any jury panel in ing to explain the projects public interest lawsuit: its the two test Louisiana parishes will be held in Room F on Wed- possibilities and pitfalls. A --Tammany and Washington. nesday, October 23, at 1:40. way of showing community group1 The ACLU suit was brought in PIRG spent last week distrib- what can be achieved through" a class actions consisting of: uting questionnaires to disco- suit, and of warning them be- women who argued that they are ver the background and special fore they become involved in unfairly deprived of the right interests of each member. Pro- something they can't handle, to serve on juries; men who ject proposal forms have been (i.e.: hiring a lawyer). Vol- argued that these provisions ｭ･ｭｾ･ｲ＠ drawn up to enable any unteers with experience in en- impose on them an unfair burden ｾ､･｡Ｎ＠ to work on his or her own vironmental and other public of jury service; and women liti- Questionnaires, project forms, interest issues needed. gants who argued that they are ｩｮｦｯｲｾ｡ﾭ membership and general Contact: Mike Phelps deprived of juries representing ｬ･｡ｶｾｮｧ＠ tion may be obtained by Phone: 567-4469 a cross-section of the communit a note in Room 251, 305 Golden Locker number: 296 **ON THE INSIDE** Gate Avenue. This year's projects include: The following six projects *Class Participation pg. 3 have been initiated by the Nor 1. California Tax Reform: an Cal PIRG office in Santa Clara *China Today pg. 4 ongoing project of several No. For all of them, please con- California groups to reform tact: *Gourmet Guide pg. 8 the state tax structure. A mo- NorCal PIRG Internships del bill will be introduced at P.O. Box 81 *Catechism pg. 11 the next legislative session, San Francisco, Calif. and a Tax Reform Initiative 94101 *Cine pg. 12 will be on the Spring, 1976 or the Hastings Office. ballot. *Sports pg. 13 Contact: Tom Au 3. Property Taxes. 1214 2d Ave. S.F. 94122 Copyright 1974 (cent. p. 16) Hastin s Law News Hastings Law News/Oct. 21 Page 2 Announcements EDITORIAL ERROR THE END OF THE TEN CENT RIP-OFF staff In the October 14 issue of the Law News, we printed an (CPS)--The US Postal Se:vice article entitled "Hastings Tu- has announced that effectlv: torial Program". It should October 15, all envelopes wlth Editor: John McNellis properly have been called the no postage and no return ad- "LEOP Tutorial Program" as the dress will be sent to the dead letter office, rather thar Managing Editor: program is designed to aid Rod Wickers LEOP students. We regret any being forwarded postage-due to inconvenience this mistake may the addressee. Associate Editors: have caused any of our readers The move came in r:sponse ｾｯ＠ the widespread practlce of mll- Piper Cole Registrar lions of consumers who send Doug Elliott The names of I, II, and III bill payments to ｴｨ･Ｎｰｨｯｮｾ＠ and Paul Gordon year students who have neglect- other utili ty ｣ｯｭｰ｡ｮｬｾｳ＠ wl,th Rory Jensen ed to provide two 2" x 21" no postage, thus ｦｯｲ｣ｬｮｾ＠ ｾｨ･＠ Michael Bankowski photographs to the Records of- receivers to pay an addltlonal fice are posted in the lobby. 10¢ to get their money. The Prompt compliance with this ｹ･ｾｲｾ＠ Staff practice stared several Lorin Brennan Kathie Hallberg college requirement will pre- ago and has escalated as rlslne Inge Palacios Garrett Olney vent complications regarding utility and phone rates have , Julie Bannerman Curt Hofeld the release of final grades at caused consumers to seek some Jeff Gates John O'Reilly an inconvenient later date. small personal satisfaction Student cooperation is solici- Patrick Hall Ron Walker while ｾ｡ｹｩｮｧ＠ their bills. ted and will be appreciated. Mark Abelson Laura Rockwood The Postal Service now says Mike Kelly Marcia Tuggle Lists of the names of stud- that such letters will go to ents who were admitted and reg- the dead letter office, becausE Jamie Campbell Bruce Burke istered without filing a final the utility companies simply transcript showing a baccalaur- refuse to pick up the tab any- eate degree awarded are post:d more. So, if you try to send in the glass enclosed case ln your payment with no stamp, the lobby, transcripts showing it will never get there and thE FROM THE EDITORS degree awarded, and date, utility company will keep com- should be requested for mail- ing after you for the money. ing to the REGISTRAR (not . According to a Denver spokes- admissions). Your cooperatlon man for the Postal Service, thE is necessary and appreciated. new policy will also apply to ABA mail other than utility pay- CHICAGO, Sept. 20 -- The. ments. Any mail or parcels Board of Governors of the mailed without a return ｡､､ｲ･ｳｾ＠ American Bar Association has and stamp will be swallowed adopted the following policy forever by the Postal Service. position on the use of execu- tive pardon for persons con- NEW RULES MAY BAR FOOD STAMPS After encountering several nected with the Watergate TO DEPENDANT STUDENTS difficulties in the prepar- affair: ation of past issues, your "The Board of Governors of (CPS)--If new regulations editors would like to clarify the American Bar Association proposed by the Department of certain policies those pro- is concerned with the public Agriculture are adopted, stu- blems have pressed on us. reaction resulting from the dents 18 years or older who 1. The Law News was formea to pardon granted to former Pres- are claimed as dependants by serve ｴｾｈ｡ｳｴｩｮｧｳ＠ Community: ident Nixon and from reports their parents will not be el- Ergo, those items particularly indicating that consideration igible for food stamps ｵｮＱｾｳｳ＠ relevant to the Hastings Com- may be given to additional their parents are also eligible munity maintain priority over pardons. The proposed regulations were other items. "The Board of Governors re- published last month in the 2. Articles which originate cognizes that the constitution· within the Hastings Community al power of the President to Federal Register and specify are presumed to be relevant. grant pardons is a part of that if an individual receives 3. The Law News has esta-' the procedures for the admin- more than half his support from ｢Ｑｩｳｨ･､ｾｶ･ｲｳｲｴｹ＠ and balance istration of justice and fur- a household that is not e1igi- as desiderata. ther recognizes that the par- b1e for the stamps, the indi- 4. Since the Law News is staf- don of former President Nixon vidual is not eligible either. fed by ｶｯｬｵｮｴ･･ｲｳｾｹｯｮ･＠ who could involve considerations The regulations also provide is aware of an item of gener- not present in other cases. for hearings, which may be al interest should present it However, the Board believes requested by a student rejec- in the form of an article to that one of the lessons of ted for food stamps, to estab- the paper. Watergate is the need, in gen- 1ish eligibility by proving 5. Though we would like to eral, for adherence to regular that he or she is not a "prop- print all quality articles, judicial processes. erly c1aim-ed" tax dependent. we are limited by the length FACULTY EVALUATION COMMITTEE of the paper and of course our SEEKS MEMBERS budget. Applicants are being sought aim is primarily to allow each Finally, time constraints ｲ･ｾ＠ for the Committee which will student to choose professors quire us to request all sub- direct the compilation and whose techniques and personal- missions by the Monday fol- publication of the Faculty and ities compliment the student's lowing each pUblication to be Course Evaluation for the learning preferences and published for the next issue. current year. Particularly abilities. (Articles can be left in the sought are first and second The time required of commi- envelope marked "Law News year students; a minimum of one ttee members is not great _ Mail" at 55 Hyde S"tree;t;) student from each section of totallying about 10 hours in the first year class and five fall semester and 25 hours in second year students are cur- spring - but only those stu- rent1y ｲ･ｱｵｾｲ･､Ｎ＠ dents willing to commit them- SHUT DOORS The Faculty and Course Eva1- selves should apply. Applica- People often say that a door uation is an annual booklet, tions should be left with Peg to something is, or has been, pubJished before registration in the Bookstore and should shut. (aT fall courses, which statis- contain the following infor- Do they, however, go so far {ica11y and textually summar- mation: name year section as to investigate whether it ｾ･ｳ＠ student views on each of phonenumber,' class' sChedule; has been locked as well? the Hastings professors and and any further data the their respective courses. applicant feels important. -Page J Hastings Law News/Oct. 21, 1974 PROFESSOR COX VERRALL INTERVIEW CLASS PARTICIPATION ? When first approached by the Professor Harold Verrall, staff o'f the Hastings Law News Having asked questions of professor of Community Property for my views on the importance this type of yourself and pon- and Real Property has occasion - of class participation, I con- dered their resolution, the ally been criticized by stu- cluded immediately that perhaps class should be viewed as a dents for not allowing enough the most charitable reaction to forum in which to share your class participation in his such a column would be that the insights and observations with courses. This reporter went to article was blatantly self-ser- your colleagues and professor. ask him about that criticism. ving . and needlessly detracted If you view this as your role, Unlike many instructors at space from the coverage of and aggressively pursue it, law Hastings, Professor Verrall sporting events here at the law school will hold its meaning does not favor case recitation school. But I persevered with long after the third semester. by students in class, but pre- the hope its message would be The tedium of law school af- fers to rely instead mainly on grasped by those who read it flicts those who view them- lectures. Yet he felt it was out of sheer curiosity whether selves as educated stenogra- unfair to interpret this to its parting admonition would be phers. mean that he discourages "class that the student not forget to The benefits of aggressive participation". In his view say his or her prayers at night preparation and participation the mere regurgitation of the To my mind, speaking as the go beyond avoiding the last- facts and holding of a parti- neophyte of the faculty, the half slump. Classroom discus- cular case does not develop best index of the caliber of a sions may serve in part as a within the student an ability law school and its students is check on your out-of-class un- to solve legal problems. the degree and character of derstanding, providing meaning_ He believes that by laying a student participation. Good ful reinforcement of the cogni- legal problem before his class, student participation goes be- tive process occuring earlier noticing how the courts have yond asking the professor to at hODe or in the library. But approached such problems in the repeat his last remarks or in- more importantly, by bringing past, and then shifting the bur- quiring what is the minority to bear insights beyond those den to those students with ques· rule. To be sure Ie of your professor, a richer, tions ｴｾ＠ come forwardL ｾｬｬ＠ of fuller understanding of the subject ｾｩｬｬ＠ occur. The schol- arship of the professor, how- ever distinguished, does not assure as complete a presenta- tion of all view points absent the spontaneous observations of the serious student. The law is in continual evo- lution. Yesterdays principles must continue to be tested by todays economic and ｳｯｾｩ｡ｬ＠ con - ditiona, as well as by the li- tany following the principle's application over time. The possibility of expanding the principles application to new set of notes is important for and ｡ｴｹｰｾ｣｡ｬ＠ situations must his students are participating preparing for exams and the also be explored. Prophetic in that they are all thinking, profession. But this is not visions of change, and the and for him this is the essence the sole concern. Legal edu- weaknesses and strengths inhe- of class participation. Al- cation is also preoccupied with rent in the principle, are not though the students may not process, analysis and the ac- held exclusively by the profes- have vocalized their participa- quisition of understanding. sor nor beyond the capacity of tion, he believes in this way The achievement of these goals today's student. there is more actual class par- requires a high degree of stu- The question which sparks ticipation than if he limited dent involvment in class dis- this type of analysis and ex- himself to making the student cussions, much of it being in- citement in the classroom often answer particular questions. teraction among the students. begins with the student. The In his own words: "The normal In this sense, you, the student professor's ability and reputa- student will normally partici- have an important role, in fact tion to dazzle bis or her class pate just as much when he or an obligation, to approach each with incisive questions and ob- she is not forced to answer par· class with the objective of servations frequently is the ticular questions. In other giving body and depth to the legacy of former students who words, the end product of what course material through active posed the same questions to the student has learned as mea_ participation in class discus- the nonplussed professor or who sured by performance on exami- sion. This exulted role re- distinguished themselves byha- nations shows that the average quires a fairly sound grasp of ｾｴｵ､･ｮｴ＠ ving earlier made that same doesn't have to be the casebook material before penetrating observation. called on in class to vocalize class begins. While being a In conclusion, my point is to get an understanding of the bit optimistic for the begin- very simple. Don't view the law. " ning first-year student, after time spend in class as the pro_ "If participation means voca- three or four months of law fessor's hour alone. At a mi- lizing in the classroom, I school, deciphering the case is nimum, the format of every pro- think there is less vocalizing no longer perplexing. It is fessor's class lends itself to in my classroom than in 50% of routine. A quick Evelyn Wood your participation. In most the classes in the school. But through the readings is hardly instances it is substantially as long as there is mental par - sufficient. At a minimum you dependent upon your observa- ticipation, as long as the stu- should resolve in your own mind tions. The professor's encour- dents are thinking, a vocal par the same questions your profes- agement 'represents the full ticipation is of secondary im- sor held after reading the case realization by the scholar that portance." for the first time. How, and discourse is a desideratum, "I think student participa- to what extent, does the mater- that the observations of only tion is absolutely essential, ial build upon concepts pre- one individual are necessarily and I think students ought to viously discussed? What find- limited and that the time spent ask questions. I really still ing was crucial to the court's preparing for class will have don't know what is the 'best' resolution of the controversy? greater educational benefits if way to handle a class; in the And, finally, is the principle the student undertakes it with end, the best way is probably enunciated in the case sound the objective and heavy respon- that which produces the best and was its application merited sibility of participating in result in terms of getting stu- by the circumstances of the the education of bis or her dents to think about and solve studied case? peers. legal problems." HaRtings Law News/Oct. 21, 19 Page 4 part of China,whose future can - only be determined by the TWO WHEELED OCTOBER FIRST-- Chinese people themselves. REVELATION CHINA'S NATIONAL DAY However, the U.S. government still retains full diplomatic BAILIFF: 58C, Your Honor, (Note: This is an introduction ties with Taiwan and continues parking outside the limits of to a later article focusing to uphold that regime through a marked parking space. on U.S. - China relationships direct economic and military JUDGE to MOTORCYCLIST: Well? and the effect it has on support." What did you do? (Parking ci- Asian American communi ties. ) LEARN ABOUT CHINA tations are handled in a court- On September 29, 1974. an "China, like all other coun- room converted out of a corri- evening commemoration was held tries, faced many social dor in the Hall of Justice. to ｣ｾｬ･｢ｲ｡ｴ･＠ the 25th anniver- ,problems; however, the Chinese The walls are seafoam green. sary of the People's Republic people have gone a long way The Judge's manner matches the of China. The audience learn- toward solving these majesty of the courtroom.) ed about the various aspects of problems. For instance, hun- MOTORCYCLIST: I parked my China through speakers, music, ger, V.D., drug addiction and motorcycle in the same space songs and film presentations. unemployment have been elimin- as another car. (The motor- A telegram to be sent to the ated and food, housing, medi- cyclist believes, despite a people and government of China cal care and education which year and a half of law school, was read. Portions of it are were once available only to that motorcycles are above the as foilows: "For the last 'the weal thy are now being law. That subjecting such quarter century, your collec- enjoyed by all." noble machines to such indigni. tive courage and perserverance "In the old society, women ties as parking meters is in facing problems, your friend were often treated as slaves. repugnant to the very laws of ship and unselfish ｡ｳｳｩｾｴ｡ｮ｣･＠ Today in recognition of the nature.) have inspired all the oppressed contributions and potential BAILIFF (an overweight ｵｮｩｦｯｾｭﾭ and your achievements have won of women, the Chinese say: ed policeman who looked at home the admiration of all the peo- "Women hold up half the sky. in the make-shift court): ples of the world. Women's participation at all That's included in the statute, "We, 3000 assembled in the levels of productive, social Your Honor. Masonic Auditorium in San and political activity has JUDGE to MOTORCYCLIST: Well? FTancisco, the endorsing organ- greatly increased with the What's your problem? izations and individuals of the widespread establishment of MOTORCYCLIST: I don't believe Joint Committee and the vast low-cost services such as com- I violated the ordinance, Your majority of the American people munity dining halls and 24'hour Honor. ' on this occasion reaffirm our child care centers," BAILIFF: Of course he did. pledge of unity to continue The law was passed for that building the friendship bet- very purpose, Your Honor. ween our two peoples, to ｰｲｯｾ＠ We've used it that way for mote the normalization of rela- years. tions between our two ｧｯｾ･ｲｮﾭ JUDGE: You can't violate the ments and to encourage all the law. The purpose of this law people of the U.S. to learn is to prevent you from park- about your humanity and your ing ... progress. 1t MOTORCYCLIST: That's not clear In an adjoining statement from reading the code .•. Your issued by the Joint Committee Honor. for Events on the Occasion of BAILIFF: Well, we always used the 25th Anniversary of the it that way when I was on the People's Republic of China, street. It was,passed for that October 1, 1949 was described ",China is still a relatively very purpose. as marking a "great turning poor country and the struggle JUDGE to MOTORCYCLIST (reach- point in history" when the against old ideas continues. ing for his copy of the traf- Chinese people took it upon But as a Shanghai dock-worker fic code): You've read this? themselves to rid their country expressed to a recent American MOTORCYCLIST: Yes. not only of foreign domination visitor, 'We are masters of our JUDGE reads the code slowly. but also Qf their own corrupt 9wn fate.' The progress of The audience watches intently, rulers. the Chinese people-from misery. aware that something unusual degradation and poverty to a This years activities were is happening. Seconds tick by. socialist society where people centered around three prin- The MOTORCYCLIST becomes aware are free from exploitation--is ciples of unity and are illus- of the arrogance of his stance. an inspiring achievement from trated by the following JUDGE (finally looking up) to which we can all learn." excerpts: BAILIFF: My God, I think he's At the evening commemora tion FRIENDSHIP right. Owusu Sadaukai, former Cnair- " ... the majorit¥ of American BAILIFF (dumfounded): What? man of the African Liberation people have had few opportun- JUDGE: Listen to this. (He Support Oommittee, spoke on the ities to get current informa- reads ordinance which only says meaning of China's role to tion about China. Only a small that if parking spaces are Chinese and Black people in number were able to visit marked by lines on the road- America, about how the ruling China and through their books way then a vehicle must be com- class seeks to divide them and films they tried to clear pletely contained inside it.) up some of the myths that against each other. He also Do you hear anything about two were spread." Saw China's assistance in Tan- vehicles in one space? zania with the railroad build- BAILIFF: No, Your' Honor. SUPPORT NORMALIZATION OF ｾｮｧ＠ RELATIONS as needed to avoid depend- JUDGE (worried that meter maids "In 1949 during the revolution, 1ng on the South American and will no longer be able to give Rhodesian governments, tickets to offending motor- the Chiang Kai-shek govern- ｪｯｵｲｮ｡ｬｾ＠ ment fled to the island of Felix Greene, noted cycles): Can you think of any ist, author, and producer of Taiwan and there claimed to other law or ｯｲ､ｩｮｾｮ｣･＠ which represent all the Chinese the "One man's China" film people. Although Taiwan has series remarked upon the dif- applies to this? historically been one province ferences in the U.S. and China. BAILIFF: No. (The "YOUR ｳ｡ｾ＠ of China, the U.S. government He the Chinese people HONOR" dropped to punish JUDGE recognized the Taiwan regime pursu1ng a "*e" consciousness who dared to find against ｨｩｭＮｾ＠ and not the People's Republic while Americans were oriented JUDGE to MOTORCYCLIST: Do you of China. This was also the toward an individualistic know of any law which covers policy of the UN until 1971, material-acquiring goal. 'He this? when it voted to restore saw the Chinese people able to MOTORCYCLIST: No. (It's not China's rightful seat and to go to sleep without worrying a case of the officer using the expel the illegitimate Taiwan ｡｢ｯｵｾ＠ their basic needs, while wrong law.) regime •.. " ｾｭ･ｲＱ｣｡ｮｳ＠ try to sleep worry- JUDGE: Dismissed. (To ｍｏｔｏｒｾ＠ " ... but the question of Tai- 1ng about food bills, health CYCLIST:) Are you a lawyer? wan remains. The U.S. agreed care costs, housing, etc. MOTORCYCLIST: Law student, JUDGE: I thought so, that Taiwan is an inseparable -VICTOR WONG - Ｍｾ＠ ＮｃＮ［［Ｎ［［ａ［［Ｎ［［［ｍＮ［ＮＮｐｂ｟ｅ｟ｌｾｌ＠ -Page 5 Hastings Law News/Oct. 21, 1974 Ｏ ［ｾ＠ i ""

AQUILLA PARKER JACK'S FLASH

(Exclusive interview b etwee n Coach AnderR o n o f t h e Hast i ngs Jack sat g r oeeily in the "eBviec and o ur correspond ent , BART ｾ｡ ｲＬ＠ absently drumminf h i s Howard Cosale) fi nger s on his ConLaw book his p rinc i pal use for what wou i d Howard CQsale: Co ach Ander son , otherwi se have languished as a can your team rep e at as nat i on- door jamb. al champions in the 1 9 7 4 - 75 "I s thi s seat taken?" A clear school season? ｾｵ ｳ ｩ ｣｡ｬ＠ voice as k ed . "N o ," h e mumbled , l ooking out Coach: Well, Howie, it's s till t he wi ndow . "For what? Vice Pr es i dent ?" early in the season, but I am " Then you d on ' t mi nd ? " She "No , !I she smiled , "As an as - optimistic. We have a solid asked. J ack t urne d +0 look at sistant buyer. Do you always joke so much or are you just nucleus with our "over-the-hill her and a lmost as qui c kly a - gang ," some young veterans, and ver t e d h i s g l ance , unexpected - nervous?" "Per haps, I should jus t ask a couple of promising rookies. l y da zzled b y h er l oo k s . "I ... I ... No , p lease d o ," he you out ." He sai d c ar e fully , u nsur e . Howard: Sounds encouraging-- s aid dully , a t a l oss f o r word s . She was striking ly " Yes , wh y d on' t you? I kno w but haven't you lost a few per- a l i ttle re s taurant on Romolo sonnel? beautiful. Jack s tro ve f o r a witty remark. that serve s great beef," she "Good view, huh?", he said s aid. Coach: No severe losses. We "My dear, you must know that put Smith on waivers and sent pointing at the tunnel wall. "My name is Lucia. I hope usually I'm on the strictest Traynor to the minors for a of liquid diets," he paused, little more seasoning. you don't think I'm too bold but I've seen you on this train smiling, "but I'm certain that before. I wanted to meet you," you c ould convince me t o par- Howard: I see. But your Fan- take of the flesh." tastically Ferocious Four are she said. Jack, elated, began to recover his bravado. "I'd like that," Lucia said still intact? "My name is Leland Huntington staring at him. Jack felt his heart quicken as the train Coach: Yes. Our front line is Hopkins the third; I'm a street sweeper by profession ·slowed. "This is my stop. I'd solid with "Jaguar" Verrall, better give you my phone num- Roll-ie Perkins, "Gentle Ben" and am personally responsible for the financial success of ber", she said. Jack scribbled Boyer, and "Mean Milt" Green. several of the city's less sa- it on his ticket as she rose to vory stops," he grinned. leave. "I'll call you tonight. Howard: I remember when Boyer "No, I've heard your friends No, this afternoon!" he ex- was a razzle-dazzle rookie out claimed. of the Missouri Tigers in 192B; call you 'Jack'." Looking at his books, she said,' "You're a "Please do. Goodbye." but tell me, who's your quarter· He closed his eyes, sat back back this year? student, aren't you?" "A few of my professors would and looked at the phone number argue with that appellation. again to be sure it was real. Coach: We signed the young ve- ｔｾ･＠ train glided along. He teran out of Santa Clara, Jimmy What do you do?" Jack asked eagerly, trying to decide how floated up the escalator at Crawford, to a multi-year con- to ask her out. He was in- the Civic Center station hum- tract. stantly in love with a dark- ming a few bars of ,rOde to Joy" haired stranger. Ideas sprang At the exit, he serenely placed Howard: The he will be the up, If she had money, he'd his ticket in the machine to first B ... marry her that day in Reno. If activate the gate. He was half she didn't, he'd move in with way thru before he realized Coach: (interrupting) Yes, her and they could act out a what he had just irretrievably Jimmy will be the first Bald Leonard Cohen song together. lost. quarterback in LAW-B history, "Oh sweet Jesus. No, oh, NO!" "I'm going to a job inter- Jack yelled at the silent ma- Howard: Does he run the Wish- view with Macy's now." Lucia chine. bone-T? said. Coach: We can bring in Leo Coach: No, the Seamless Web. "the Lion" O'Brien whenever we deem it relevant; and if we in- Originality Howard: Sounds intriguing, cur serious injuries, we have Coach, but how about your de- Werchick and Wallach. • fense? IS not Howard: Well Coach, it looks Coach: I think Russ Sullivan like another superlative sea- one of our and Jon Van Dyke will provide son for the Hastings Heavies • equal protection on both ends and I wish you continued suc- virtues. of the line, cess in your academic endeavor s ALL WE DO IS COPY. WE MAKE FAST, EXACT, Howard: A little play on words ECONOMICAL COPIES FROM YOUR QRIGINALS BY Coach: Thanks, Howie. And re- BOTH OFFSET AND XEROGRAPHIC (BOND PAPER) Coach? member our motto: "You can't PROCESSES .•. AT LOW, LOW PRICES. USUALLY Coach: It's hard to get one by jive 'til you're '65." ON A WHILE-YOU-WAIT BASIS. WHEN YOU NEED THIS TYPE OF SERVICE, COME IN WITH YOUR you, Howie. ORIGINALS SO WE CAN SHOW YOU OUR VIRTUES Howard: Well, just because I . elect SPECIAL RATE FOR HASTINGS STUDENTS couldn't get a law-related job, 5¢ FOR UNBOUND ORIGINALS but Coach--any surprises in 6¢ FOR BOUND ORIGINALS store? DENNIS MUST BRING - ｂｒｉｅｾｓ＠ STUDENT -APPEALS Coach: Well we have two pro- 'JLr.SHNIE BODY CARD mising rookies, Viv Wilson and .,.,.' 3 LOCATIONS - DEPOSITIONS Bob Calhoun, up from our Ala- ｾｒｔ＠ ｾｒｄ＠ One Ca ll forn ,a. Rm. 26 5 _ CONTRACTS lIleda County farm club; and 8'ｾ＠ SOlｾ＠ Ph. 391 ·1370 8ART Goldberg is attempting a 220 Mon tg omery-L'obby ｾ＠ INSTANT ｾＺ･ｾｾＺｾｾｮｾｮ＠ . Ph. 391 -05 74 WPr. COpy the second half of DISTRICT 9 80 Stonestown. Sui te 111 COPtA, ..;v. SERVICE Ph . 566·0556 - > How are you fixed for HASTINGS 1972 GRADUA TE Hastings Law News/Oct. 21, 19 Pa e 6

This article reprinted fro. Common Sense, the Peoples Bicentennial Commission's • newspaper. by Ted Howard

ODESTPROPO

In honor of the formal nomination of Nelson Aldrich Rockefeller as Vice-President of the United States, the Peoples Bicentennial Commission humbly submits this modest proposal for consideration as an amendment to the Constitution.

Judicial. The JUdiciil Power of the United States shall operate, within the An Amendment Constitutionally proscribed limits of the law, to the benefit and furtherance of the Corporate Branch. In particular, the various/regulatory laws and checks on the to the Corporate Branch shall be interpreted with proper restraint, realizing that all aspects of such matters must be taken into account if justice is to be served. Specifically: Constitution The privilege of the people to a clean and healthy environment shall be weighed and balanced with the economic necessities of the Corporate Branch; laws [Establishment of the Corporate Branch of Government] regulating monopolies shall be weighed and balanced with the right of the stockholders to a profit (of such size as sha1l be determined by the individual SECTION 1. In addition to the three branches of government established under CQrporations); questions of prices and wages shall be weighed and balanced with Articles I, II, and III (legislative, executive and judicial), there shall henceforth be the expansion, reseafch and development plans of the Corporate Branch; laws established a fourth branch of the Federal Government, to be known as the Corporate Branch. regulating corporate campaign contributions and various other laws on bribery and Power to effect the -decisions and policies of the other three branches shall influence-peddling shall be weighed and balanced with the right and the duty of the rest solely in the Corporate Branch. The system of Checks and Balances and the Corporate Branch to effect legislation and execu tive policy. doctrine of the Separation of Powers shall apply in all matters to the legislative, SECTION 2. The enumeration of such duties and priveleges of the legislative, executive and judicial branches, but shall not be construed as to apply between the executive and judicial branches shall not be construed to deny or disparage others Corporate Branch and the other three. retained solely by the corporate branch. Specifically, the Corporate Branch shall have the following relationship to the other three: SECTION 3. The right of the citizen to participate in freely held, democratic elections shall be guaranteed to all persons of eighteen years of age or older, ｾｸ･｣ｵｴｩｶ･Ｎ＠ The President, as Chief Executive of the United States, shall irregardless of color, sex or economic status. However, the election of candidates to have the power of appointment, including the selection of cabinet officers, staff the offices of the legislative and executive branches shall not be construed to effect advisors and board members of the several regulatory agencies. Upon the advice and the relationship of the Corporate Branch to the 'other three branches, as set down in consent of the Corporate Branch, such appointments shall be formally submitted 'Section 1 of this Constitutional Amendment. by the Executive to the legislative branch for approval. The advice of said cabinet officers, staff advisors and board members shall SECTION 4. The Supreme Court decision of Chief Justice of the United States be followed in all matters, domestic and foreign, unless the Corporate Branch shall John Marshall, handed down in the early days of this Republic [The Dartmouth specifically determine otherwise, and so inform the Executive. Case, 1815], shan here be formally set down and 'reaffrrmed: Power to set fiscal and monetary policy, to let government contracts and That the corporation is a legal person, enjoying all the rights and privileges to enforce laws of taxation shall rest within the Executive Branch and shall -of a real ｰ･ｲｳｯｮｾ＠ that said corporation shall be chartered by die several States; and continue to operate for and to the.benefit of the Corporate Branch. that once chartered, said corporation shall remain inviolable, and no act of the The Executive's power to carry out relations with foreign governmentS and several States may alter or abolish the corporation, its life given in perpetuity. to maintain the National Security shall remain inviolable. National Security shall be SECTION S. The Corporate Branch shall consist of those corporations that are construed to mean the securing of the foreign property, investments and hoidings among ｾ･＠ 500 largest fmancial institutions of the United States at the time of the of the Corporate Branch. adoption of this Constitutional Amendment. Any corporation that retains net Legislative. Congress snail, in all ｭ｡ｴｴ･ｾ＠ and in all instances, establish assets of a certain pioscribed amount [to be determined by the Corporate Branch as laws the most just and necessary for executing the policies and decisions of the a whole] shall automatically gain membership within the Corporate Branch, and Corporate Branch. To provide for this, the Corporate Branch shall sponsor sha1l thereby enjoy all of. the rights and privileges enumerated above. Any candidates for CongreSSional office, and shall act as. financial backers of said corporation whose net assets fall below said level shall be removed from the candidates. Further, the Corporate Branch shall continue to sponsor Congressional Corporate Branch, and the representatives of said corporation shall revert back to lobbyists to fully inform Congress of the Corporate position on pending legislation, the position of private citizen and shall forfeit all of the aforementioned rights and said lobbyists to act as disbursing agents for Corporate funds to members of the privileges. . House and Senate as shall seem most fitting and proper for the carrying into execution the charge of this ConstHutionai Amendment. SECTION 6. Two-thirds of the 500 members of the Corporate Brancn approving this amendment, it shall become the law of the land. page 7 Hastings Law News/Oct. 21, 1974 1 EdHorial:

NO ON ROCKEFELLERRockefeller denied any When Richard Nixon hand- Despite these misgivings, picked Gerald Ford to be his however, it was generally prior knowledge of the $60,000 heir apparent, Ford became the assumed that Rockefeller would expenditure and at first tried first American Vice President be confirmed with little diffi- to pass it off as a mere elected by no one, With the ｾｵｬｴｹＮ＠ Indeed, the lengthy "business investment", althoug resignation of Nixon, Ford hearings were regarded by many the book apparently had no became the first President to as little more than an irksome commercial value. Rockefeller be elected by no one. In order ritual made necessary by the later took "full responsibili- to broaden his political base, erosion of public confidence ty f o r the whole regrettable he then selected "liberal" in the government. episode," but still did not au- ReBublican Nelson Rockefeller Recently, however, certain mit any personal involvement. to be the second Vice President facts have come to light For many of us, this latest elected by no one. which place Rockefeller's "dirty tricks" story had an Rockefeller's nomination was fitness for the office in oddly familiar ring. For favorably ｲ･ｾ･ｩｶ･､＠ by the serious doubt. First; it political moderates, as well opinion-makers in Congress and was announced that Rockefeller as those on the right and left, the media. He was hailed as had given a total of $1.8 the Rockefeller image had the epitome of moderation and million in "gratuities" to 18 suddenly become tarnished. respectability. The confirma- political cronies over the At this time in our nationE tion hearings before the Sen- years. These gifts ranged in history, there is a grave need ate Rules Committee were pro- value from $15,000 to $625,000. for the restoration of public longed, but polite. Even more significant than confidence in our leaders. There were, to be sure, these gifts, however, was the President Ford severely impair- some criticisms. Religious disclosure that Rockefeller's ed his ability to bring about groups opposed him for not brother Laurence had financed such a restoration by his being Barry Goldwater. More publication of a derogatory pardon of Nixon. Thus, it substanti vely, the left wing biography of former Supreme becomes crucial that the un- opposed him for his handling Court Justice Arthur Goldberg elected Vice President be a of the Attica situation, his in 1970, when Goldberg was person of unimpeachable in- role in U.S. imperialism in opposing Rockefeller for the tegrity. At a time when mil- Latin America, and his personi- governorship of New York. The lions of Americans are suffer- fication of the nexus between book's author had previously ing from a troubled economy, economic and political power produced "hatchet jobs" on it would also be desirable to in our society. John and Robert Kennedy. have a Vice President of modest means. There are certainly many Americans in both poli- tical parties who possess these attributes. President Ford would not have to look very hard to find them. High political office is a privilege, not a right. In his lifetime, Nelson Rocke- feller has already enjoyed more than enough privilege for any man. In view of these considera- tions, the Rockefelmer nomina- tion should be rejected. ｍ･ｭｾ＠ bers of the Hastings community should so urge members of the House Judiciary Committee and the Senate Rules Committee, as well as their own representa- tives.

WHERE TO WRITE

The following are members of the Senate Rules Committee: Howard W. Cannon (Chairman), Claiborne Pell, Robert C. Byrd, James B. Allen, Har- rison A. Williams, Jr., Mar- low W. Cook, Hugh Scott, Ro- bert P. Griffin, and Mark O. Hatfield. Address: United States Sen- ate, Washington, DC 20510 The follow.ing are members of the House Judiciary Com- mittee from California: Don Edwards, Jerome R. Waldie, George E. Danielson, Charles E. Wiggins, and Carlos J. Moorhead. Address: United States House of Representatives, Washington, DC 20515 Hastings Law News/Oct. 21. Page 8 A GOURMET GUIDE JOY OF WORKING:Making it to partnership sta- For those few persons inte- CROSBY, HEAFEY, ROACH AND MAY tus is an area open for discus- rested in the monetary aspects, of the practice of law, C,H,R Starters sion. It depends. The pattern Beautiful downtown Oakland if there is one, seems to be & M's beginning salary is has in C,H,R&M, a really sometime around five years, around $14,500. They also unique law firm. It prideb It- New associates are often used have profit-sharing and major self on being a "San Francisco as liasons between clients and medical plans. law firm located in Oakland." partners who are too busy to So, if you are interested in However, even though one infor- answer all the ｱｵ･ｾｴｩｯｮｳ＠ often a firm which is growing rapid- med source described the firm asked by clients. As a new as- ly, and becoming much more re- as being "so straight it sociate, one could reasonably laxed with each passing year, squeaks," we think that this expect to be included in all send C,H,R & M a resume. firm has some interesting pos- aspects of the practice of law sibili ties. at C,H,R & M. The firm, blessed relief, is one not hung up on law review. Sauces & Pickles HELLER, EHRMAN, WHITE They admittedly are interested Vacations are three weeks per & McAULIFFE in grades, but being a super year for associates and four Starters star in another area is cer- weeks per year for partners. Heller, Ehrman attractively tainly no disadvantage. They, Leaves of absence are done on houses fifty-four attorneys in unlike many firms, are inter- an individual basis, but the the Wells Fargo Building at ested in the total person. And, preferred time for such a leavE 44 Montgomery St. According if in the course of your educa- appears to be between the time to one associate there, Heller, tional experiences, your stu- of the bar and receipt of bar Ehrman is "fairly personal dies have been interspersed results! and individualized" for a large with interesting travel oppor- Eleven para-legals do a lot firm in the Bay Area. tunities (to Southern Califor- of the research, and clerical Grades and Law Journal are nia or wherever), side jobs help is abundant. However, as "most" important to Heller, ( COYOTE, etc.), rugby, or one can vividly imagine, the Ehrman ｩｮｴ･ｲｶｩ･ｾ･ｲｳＬ＠ our source other such diversions, C,H,R & firm has trouble staying on said, although'he asserted that M will take a closer look at top of such a great number of most recent hirees were not you. Yes, their hiring is of- personnel. Law Journal (Take heart 8370's) ten done on a gut-level basis. The firm engages in a broad The firm has no numerical cut- Personal appearance is obvi- civil practice including every- off, although numbers play an ously important. In fact, we thing from domestic relations increasingly significant role understand that rummage sales to big business. Their ear- in proportion of the size of are considered to be the "In lier emphasis on insurance de- schools canvassed. Guess where Place" for the latest in fash- fense is shrinking, and they that places Hastings! ion. After all, the conserva- are experiencing great growth Three associates at Heller, tive image must be preserved in business and business liti- Ehrman are women, W.E. has at little cost. gation . They consider them- five minority associates. Summer elerking has its ad- selves to be litigation orien- The firm does not hire all vantages. They tend to hire ted, i.e. - not afraid to try of its associates from the ｾｏＥ＠ to 75% of their clerks lRwsu:itsI summer program. as associates. The firm is starting to think about hiring minorities if they can find qualified per- sons. They have a woman, but These students can proted you want no tokens. This 37 man, 1 woman firm needs to inter- bounced checks. view more minorities!

Main Courses These students are bankers. Just a few The firm has grown from fif- of more than 50 Bank of America teen associates six years ago Student Representatives who to its present size, 38. To help students avoid banking this figure, seven more asso- problems. ciates are to be added in 1974. Admittedly, they are experien- Usually the first step is to let stu' cing some "growing pains", but dents know about the College now they generally approach thE ｐｬ｡ｮｾ＠ Qualify, and you get practice of law on a flexible, ｂ｡ｮｫａｭ･ｲｩ｣｡ｲ､ｾ＠ unlimited hang-loose basis. They encour- checkwriting, low, cost checks, age associates to knock on protection against bounced doors and just "B,S." Their checks, and more. All for only reasoning here is that a $1 a ｭｯｮｴｨｾ＠ with no service "loosey_goosey" approach elim- charge at all during June, July, inates an incredible amount of' or August. tension, Commendable! After the initial experience, For most students, that just whether or not you "blow it " abouttakes care of everything. But has a lot to do with how ｭｵｾｨ＠ if there ever are any other problems, responsibility you are given our Student Reps are there to help. thereafter, - ｓｩｾｴｙＭｨｯｵｲ＠ work weeks are ｾｯｴ＠ Ask your Student Rep about the requlred. While visibility is College Plan. It's good protection. still important to some members At Hastings College ｾｦ＠ Law, just ask of the firm, others feel that to see June Ahem if you can do your assigned Golden Gate-Hyde Office work in four hours as compared 101 Hyde S treet to another personls ten that you just gained six ｨｯｵｾｳ＠ of Depend on us. More California play-time. In other words if college students do. you are into being a ｬ｡ｷｹ･ｾＧｳ＠ lawyer and working your prover- bial tail off for 100 hours per BANKOFAMERICA m week, do it. If not, then make your own commitment and go from • Check costs and BankAmericard finance charges. if any. ｾｲ･＠ not Included. there. Page 9 Hastings Law News/Oct. 21, 1974

IA Y AREA LAW FIRMS THELEN, MARRIN, JOHNSON, & Main Course BRIDGES Associates initially are The litigation department is Starters assigned to one or two partners well-renowned. In this area, October 14 marked Thelen, who direct and supervise their it is possibe to be in court Marrin's first official day in work. For a large firm, they within 6 months. Many firms their impressive, albeit now are given major responsibiliti_ "hireou+." their litigation to chaotic, new offices at 2 Em- es (e.g. jurisdiction over an P" M & S. barcadero Center. entire case) at a relatively P M & S is good to' attorneys With 37 partners and 41 early stage in their careers. who do not fit within their associates, the firm outgrew Periodic reviews and partner corporate type structure. its Sutter St. locale, which changes reflect H.E. 's policy After two years, one is advised had housed Thelan, Marrin sincE to give associates maximum as to the quality of work 1924 . The firm also has offic- exposure to different facets of being done, and after 3t years es in Los Angeles. Hiring for firm practice. Some regard is offered a position as in- that branch is done in L.A. is given to individual pre- house counsel for one of P M & Lawyers at Thelen, Marrin ｳ｣ｨｯｯｬｾ＠ ferences for specific areas of S's clients . represent seventeen law the law. While P M & S claims to en- around the country . The larg- deavor to employ "without re- The average promotion rate fo] est number of graduates comes gard to race, religion, sex or from ye olde Harvard. Schools associates who keep clean is national origin," we are not six and a half years. with five or more graduates in totally convinced that this the firm are Boalt, Stanford, statement is an accurate indica- Sauces and Pickles Virginia, and Michigan. Need- tion of the type of treatment less to say, competition is H.E. deals in corporate coun- extended within the firm. For seling , securities regulation, tough. example, the top man in the Thelen, Marrin currently has banking, business and antitrust, firm was asked last spring how three women with the firm. OnE tax, real estate, and probate. many woman associates the firm woman associate has practiced According to our source, its had. His reply: "I don't know; for about a year, while anothe] corporate practice is geared to I keep getting them mixed up just took the Bar. The third "medium-sized business", with with the paralegals." was hired this Fall after her clients such as Levi Strauss anc SAUCES AND PICKLES: If you Wells Fargo Bank. summer clerkship. don't mind being one of the Most young partners graduate( Starting salary for associ- crowd (one of the 184 attor- from associate status in seven ates and summer clerks is neys) and would not be threat- and a half years. $15,000 and $1,000 per month ened by the possibility of New associates can expect a respectively. Associate salar- being a "brief-case-toter" good share of night and week- ies will probably increase to even after making it to end work. $16,000 this year, Senior partnership status, Th€ firm allows three month then you should definitely Main Course paid vacations after five interview with P M & S. When they first arrive at thE years with the firm. During After all, in their 2 days firm, new associates are the first five years, associ- here, they " are searching for "sponsored" by two partners or ates are ｡ｬｬｾｷ･､＠ three weeks possibly one person. Their senior associates. Thelen, paid vacation. ｱｾｯｴ｡＠ for Hastings is 3 per Marrin emphasizes early respon· Committees form the adminis- year and ｾ＠ have already been sibility and client contact. trative frame.work for Heller, hired. As the firm is not formally Ehrman. Our source emphasized departmentalized, graduates the "open atmosphere" of com- are not hired to practice in mittee operations. Sonja Palaclus , a specific areas of the law. 71 lb. baby woman, With interest and aptitude, born Oct. 2, thanks however, associates may pursue her parents, Inge P, M S & specialized practices. & Victor for making it STARTERS: Specialists ur Two veteran attorneys are all p03sible. those persons interested in also assigned to oversee specializing should by all" each summer clerk. Clerk du- means apply here. The oppor- ties involve much research and tunity for specialization is legal writing, although due probably unparalleled by any effort is made to expose clerk ｯｵｾｳｩ､･＠ other firm in the area. For to firm operations the ezample, should you be ena- library. Many associates moured of devoting you working have been hired from summer career to a particular section programs. of the Labor Code or doing wage and hour work for one Sauces and Pickles Thelen, Marrin engages in a client (who, incidentally, broad civil practice, includ- you may nev€r meet!), then strive for a berth at P, M S. ing corporate , tax, labor: & commercial, probate, banklng, This firm is probably the securities, real estate, and most well-knownfirm in the area administravive law. fhe firm It is, without question, an also handles cases involving extremely prestigious firm. admiralty, patent, government Grades, Law Review, and social contract, environmental, and connections are considered international law. a parity when one applies for Among its clients, Thelen, a position. Marrin represents such biggies Public service opportunities as Bechtel Corp., Kaiser are boundless (endless?) for young associates. In fact, Industries, Chase Manhatten one reliable source relayed Bank, Navi}lus Shipping Co., the information that within and Cornnuts, Inc. recent years, the firm gave The starting salary for special instructions to wives associates is currently listed of associates on social ameni- as $15,000. Salary increases ties, e.g. tea pouring. How- become effective July 1 of eacr ever, should you be thinking year. that perhaps the firms is a bit Associates who begin work "stuffy", you should be aware by the third week of June are that hats are no longer manda- given four weeks with pay to tory, and suits from either study for the Bar Exam. Paid Cable Car or Brooks Brothers vacation for associates is are acceptable. three weeks. Hastings Law News/Oct. 21, 1974 Page 10

ANOTHER DAY IN PROFESSOR KING- FIELD'S COURSE IN MEDIEVAL BOOK REVIEW ENGLISH PROPERTY LAW AND APPLIED EQUITY Finding and Buying Your Place in the Country, Les Scher, TEST SHOWS NIXON WOULD BE McMillan, $6.95 Prof. K.: (Harrumph!) Before WARMLY RECEIVED AT HASTINGS. discussing the matter at hand, we will first examine the How does one go about finding backdrop and bac kground to an expert to give your land a Medieval English Property law. professional percolation test? A secret test has just been Uh ... Mr .... uh ... Jones, are you Why would you subject your land completed to determine wpether here? to a percolation test? The an- ex-President Nixon would be Mr. J: Yes, sir. swers to these and many other welcome as a guest speaker a't K: Mr. Jones, what was the questions which could prevent Hastings. The test clearly weather like on Dec. 3d" sweet morpheus from bidding proves that the general student in the year 1272 in cen- you adieu at night can be found body has no basis for being tral England? in Les Scher's (attorney at righteously indignant concernin§ J: Uh, well, uh, I believe it law, consumer advocate, Has- any events which occurred was sunny, sir. tings alumni & what not) opus during Nixon's administration K: You believe, Mr. Jones. Finding and Buying Your Place and therefore would not be J: I'm sure, sir; yes, it was in the Country. opposed to hearing him speak. sunny. --It is very refreshing indeed The test was run in the K: I draw you attention, Mr. to find an alumni - or anyone following manner, Three new Jones, to the Hastings for that matter - who can write copying machines were placed Library's parchment copy well wrought prose on certain in the library without coin of the English Farmer's scathological subjects like boxes. A sign was put up Almanac, for the year 1272, cess pools without once invok- directing the students to pay page 347, footnote 12. ing either a smile or thoughts for any copies down in the You did read the Almanac, of the First Amendment. bookstore. After computing ､ｩ､ｮｾｹｯｵ＠ Jones? Although this particular the number of copies made to J: Yes, sir. book will sell and find its the number of copies paid for, K: The Almanac was part of place on coffee tables and it was determined that there your ｡ｳｳｩｧｮ･ｾｵｴｳｩ､･＠ bookshelves next to The Whole is a 97% larceny rate among reading, was it not Jones? Earth Catalog it is doubtful the students who used the mach- J: Yes, sir. that it will ever be cited in ines. (i.e., 15,000 copies K: Well, Jones, what do you one of the learned tomes that run over 200 copies paid for.) recall from your reading of moulder in our library. This is Two basic assumptions were rel- footnote 12, page 347 of due to no shortcoming on the ied upon in analyzing the the English Farmer's part of the author. Finding and test, to wit: Almanac? Buying Your Place in the Coun- 1) opportunity to steal will J: Uh., .well ... uh, I can't try is a veritable encycloped- show the general moral develop- seem to recall footnote 12 ia on the subject. It contains ment of an individual. exactly, sir. excellent practical information 2) users of the copying mach- K: Well then, perhaps one of concerning the law, and is as ines will be a representative your colleagues will. Is dryas any restatement you cross-section of the Hastings Miss Evelyn Woods here? could encounter. Rather, it student body. W: Yes, sir, Ms. Woods. stems from the acquired pre- The proceeds of the copying K: Miss Woods, what did foot- tentious posture of lawyers and machines provide emergency note 12, page 347 of the judges when it comes to-citing , loans for students in finan- Almanac say? expensive ($6.95) and trendy cial distress. rhis is gen- W: I believe it stated that "How to do it yourself books" eral knowledge. It was there- there was 0.3 inches of that begin with quotations from fore determined that students precipitation that day, Chuck Berry. who cheat the general Hastings sir. If you want to know something community would have no K: Excellant, Miss Woods. about the legal and practical obj ection to a man who chea-ted Does this jog you memory, aspects of buying some squalid his nation. After all, it is Mr. Jones? little shack in Snohomish Coun- the same thing, only on a J: Yes, sir. As I recaJl now, ty with your student loan, smaller scale. it was indeed ralnlng on then the writer recommends the Despite the encouraging re- December 3, 1272, sir. purchase of this book; The sults of the test, the testors K: Oh? Uh, Miss Woods, did reasonable man would look upon fear that Mr. Nixon could still you say it was raining? 393 page quarto and in all possibly be given the cold W: No, sir. probability save himself both shoulder if he were to ｡ｰｾｲ＠ K: Mr. Jones, did you dis- money and grief. First of all, at Hastings. It is possible tinctly hear the word there is the very reasonable that, like Mr, Nixon, the stu- raining? risk that after starting the dents who didn't pay for the book you'll drop the whole copies they made may feel they J: Uh , well., .uh, no, sir. notion of country life and its did nothing wrong and there- K: I didn;t hear it either, attendant pleasures - dry rot, fore would not see the corre- As a matter of fact, it was ｺｯｾｩｮｧ＠ restrictions, termites, . lation between their acts and Nixon's. If that is true, (continued on p. 14) (continued on p. 14) these stUdents may be instilled with a false sense of self- righteousnessand oppose a Nixon appearance. However, the testors are confident these students are more intelligent and objective than that. Unfortunately, when Mr. Nixon was contacted concerning a possible speaking engagement here and told of the test re- sults, he stated: "Let me make one thing per- fectly clear. I would never associate myself with such two-bit (5¢?) chiselers. I deal only with bankers. By the way, would you care for a glass of milk? It's on the House." Kevin McCarthy Page 11 Hastings Law News/Oct. 21, 1974 , tial to being a successful that the purpose of the law is THE CAMBRIDGE CATECHISM lawyer and they want to be to protect the rich. It rejects successful lawyers. Or if they the right half of the human by Ken Graham don't, they drop out. brain, which controls non-lin- That's not a very flattering ear thought, that the only kind Mr. Graham is a Law picture. What kind of person of rationality is found in the Professor at UCLA would want to be a ｾ｡ｷ＠ profes- left lobe. It believes that sor? - A sadist. A fool. A the law should be complex and desperate person with anim- expensive, that lawyers should What is a law professor? - mense capacity for self-delus- be rich and that anything that A law professor is a success- ion. A person who things the leads to a contrary conclusion ful law. student who failed as law school is the fulcrum to is illogical. a lawyer. which the lever of humanity car. I don't believe you . - Is that a nice, thing to say? be applied. Nuts and kooks. Look for yourself. The classes It depends, not all of the How does one get to be a law you take in the first year are qualities required to be a professor? - No one is drafted, the same courses that were of - succ_essful lawye'r are admirab- so the most important element fered at Harvard 100 years ago. le. You have to know whether is self-selection. But once They will be taught in the same someone quits the ｰｲ｡ｾｴｩ｣･＠ be- you think the job appeals t; way by the same kind of people. cause he/she was too lazy or you, you have to be approved Everyone of those courses is too ethical. by the faculty. It's like any designed to turn out corpora- Why would the law school other job interview -- they tion lawyers. In every course hire someone like that to tea look for people just like them- the same lawyers and the same teach people to be lawyers? - selves, using the same tech- judges will be held up as mod- (a) Because they have always niques. And, except for an els -- Holmes, Frankfurter, done it. (b) Because they can'i occasional mistake, they suc - Acheson, Story, Webster. You afford to hire a successful ceed . So far as matters of any will never hear of Rantoul, lawyer at those salaries. importance are concerned, if Dorr or Darrow -- even Brandeis (c) Because law schools do not you have seen one law professor is treated with condescension . teach people to be lawyers. you have seen them all. Listen to the way in which (d) All of the above. (e) None Isn't that an exaggeration? _ the professor responds to stud- of the above. Not much. I once taught at a - ent answers to his questions, Wait a minute! If law schoolE law school with a great reputa- what he accepts and what he are not to teach people to be tion. I began to notice that does not. An answer that lawyers, what are they for? - events 9f current interest were suggests that the result in a An obstacle to the profession. never discussed until at least particular case is "unfair" In the early 1920's the law 48 hours after they took place. will be attacked. "What do you professors got together with I finally figured out that it mean by that?" "How do you the ABA and agreed tb require took that long for the New York know?" But if you say that the all lawyers to go to law Times to arrive so that the decision is illogical or leads school and to cut down the faculty knew what they were to economic disaster or is in- number of law schools. This supposed to think. consistent with some other has helped to reduce supply case, you are encouraged in and accounts for the six fig- your analysi's. ure income that lawyers feel Tell you what. ｆｩｲｾｴ＠ case they can demand. At the same you are called on to discuss, time it eliminates law schools when he asks why the case was and holds up the professor's decided that way, tell him the salary. judge was paid off. Now you You're kidding?-Not at all. will have no more evidence of It's in the history books for that than he does for his anyone who cares to look. Of version, but notice where he course, the whole thing is puts the burden of proof. done in the name of "profess- Notice as well, the respect ional competence," whatever shown the various institutions that is supposed to mean. of government. The Supreme So the purpose of legal edu- Court. Hurrah! The American cation is ｾｯ＠ discourage people Bar Association. Hurrah! The from becoming lawyers? - Jury. Boo. The state legisla- Precisely. That is not only ture. Hiss! Rehnquist, Si, the function, of course. The Douglas, No. law schools are also operated We'll see. But you have to so as ' to insure that the people agree that law school teaching who do survive are no threat methods are better than in to the interests of the organ- other graduate schools. - ized bar and their wealthy How would I know? I have clients. never seen any other method. Now I've got you! Everyone I have never taken any courses knows that law students in the in educational psychology, new generation are idealistic, never been taught how to teach bright and eager to change the or how to evaluate teaching, world. No way you can turn it has been years since I was them into sycophants of the a student. I know of no evid- establishment. - Yeah. And ence that the Sarcastic Method most people who go to Parris is any better than any other Island are human beings. But technique and can think of a they come out trained killers lot of reasons why it might be and can't imagine what it would counterproductive. be like to be anything else. OK,' so politically they are Well, then, how do you ex- The law schools use the same all knee-jerk liberals. I don't plain the wide-spread notion technique. Put people under see how that has anything to do that law professors are great stress and convince them that with how they teach law? - You teachers? - survival requires them to misunderstand me. Their politi- That-s not too difficult. In accept new values. They eat up cal views are considerably more the first place, self-interest the official ideology like a divergent than their notions of compels a lot of people to per- starving man does a steak. the law. To be a faculty member, petuate that myth. Law profes- The law professor is like thE you have to be an adherent of sors get paid more than other Marine Corps drill instructor? the Harvard Theology. university teachers. To justi- Yep. You either end up loving What is that? - The dogma fy the larger classes, you have him or you quit. that was set forth at Harvard to say that the quality of the Why is that? - Most students in the 1870's and has been wor- education is not diluted be- are bright enough to realize shipped at all other law cause the guy in ｴｨｾ＠ front of that the qualities they detest schools since. I can't state the room is a Superteacher. in the faculty are exactly the whole thing here, but it those qualities that are essen- ｾｴ｡ｲｴｳ＠ out with the assumption (continued on p. 14) , Hastings Law News/Oct. 21, 1974 Page 1 2

as a surprise to all but the r cannot bring ＢｬｹｾＨ＾ｬｦ＠ ,,) most seasoned movie buffs. belirve that the ｾｩｮ･ｭ｡＠ of 'THAT'S ENTERTAINMENT' It's a shame they don't re- America ｩｾ＠ so barren ｴｾｾｴ＠ all play some of those old musicalE our critlrJ must leap ｾｰ＠ and ｾｭ｢ｲ｡｣･＠ a film ｬｾｫ･＠ this , ()nC'e YOH ret P:lst the ｩｮｩｾｪ｡ｬ＠ in their entirety along with ｣ｨ｡ｮｴｾｮｦＮ＠ b'rrier in this flick, it's all the old Bogart and Marx Bros. superlatives, If downhill. That barrier is the movies currently in vogue. Un- this is "one of the bes+, films $4 (four) it costs you to vet til that happens, you will en- of 1974" then close ilp chop , in, Sort of takes your breath joy, if not get carried away, bOy3, ｢･｣Ｘｾｳ･＠ r don't want to ｱｗｾｹＺ＠ but you'll feel better by "That's Entertainment"-- see the re"t, ｾｦｴ･ｲ＠ you've relieved your- an appropirate title . You are A film built around the ｾｵｴｬｩｮ･､＠ self. And the seats are com- guaranteed four dollars' worth scenario abovepresentf f:>rtable . of nostalgia . two definite aspects: the "That's Entertainment" is first is that it offers good basically a montage of MGM's by John O'Reilly material to develop a serious best musicals, spliced with film; the second is that to do reminiscent narrations by the so you will have to add great old stars themselv es -- Fred amounts of imagination and ori- Astaire, Elizabeth Taylor, ginality, This second aspect Gene Kelly, and, of course, is what Mazursky was unable Frank. An advertisement on a to meet. grand scale . But you will find A great many of the scenes it instructive, amusing, and were definitely entertaining, impressive. well ､ｯｾ･＠ both from points of Instructive-- because i t de- directing and acting and well- monstrates the immortality of written comically. They pre- true virtuosity . The incrediblE sent, however, extremely high talent of Fred Astaire makes points in an otherwise so-so the hat rack he dances with film. Personal triumphs of come alive. Buried emotions a few actors do not, however, stir under the influence of carry an entire film. Kathryn Grayson's beautiful Too much maudlin sentimental- face and sweet voice: which is ity, repeats of old ideas more pleasurable to behold? concerning ｩｮｴ･ｲｾｦ｡ｭｩｬｩ｡ｬ＠ In some numbers, Gene Kelly relations, and hopes of the is more acrobat than dancer, HARRY &TONTO viewer left unfulfilled weaken The dance sequences in this this film, Damage beyond film are undoubtedly among the repair is then occasioned by -directed by Paul best of all time-- you've the actual images which Mazur- Mazursky never seen such perfection of sky puts on the screen. form and fluidity of movement. When a film is done in the Paul Mazursky is a director And the great old singers-- realistic style that Mazursky who is very serious about mak- Judy Garland, Mario Lanza, employs, then the images, that ing films that are more or Debbie Reynolds, et aI, are is, the actual objects por- less equally very serious. there for posterity too. If trayed, must be handled realis- "Exploration of the human situ- you ever wondered why your tically. However, he does ation," you might call his parents made such a fuss about almost the whole film realis- work. One past offering was these stars of yesteryear, tically, but then throws in Bob Carol Ted Alice, you'll know after you see & & & "symbolic" items such as: another was the ill-fated BlumE their original performances old man and young boy making in Love. In between ｴｨ･ｳ･ｾ＠ on the wide screen. sand castle; cat on leash; ｭ｡､ｾ＠ Alex in Wonderland (with Amusing-- because it brings dead friend; dead cat; etc. Donald Sutherland and Ellen you back to a by-gone day when This is taking the easiest Burstyn), which was so respect- people went to the movies to way out of an artistic problem fully received in Europe that escape reality and have a good That just seems to be the it is shown in art cinemas, old time, especially during th€ way Mazursky does things. Depression and WWII. undubbed, with subtitles. - Michael Bankowski The hair and dress styles After B & C & T & A and Alex are good for a chuckle. The things looked good for ｍ｡ｺｾ＠ facial expressions can be ludi· sky, even considering questionE crous. The lyrics are often about the latter film such as 'There a CompLete mushy and hopelessly out of "Who the hell wants to make is date (e,g., "Give me a hand- an American version of 8t?" some man and a house with a and "Who could do it and put Line 0/ Study Aids whi te picket fence ... ", etc.). Fellini himself in ｴｾ･＠ film?" But then there's something to Then come Blume, ' and he really AvaiLabLe from be said for the naivete and took it on the nose with this the old-fashioned wholesome- trite, unimaginative bomb, ness of youth. Those were the Even deluging radio listeners days before blood, violence, with endless spot ad couldn't and sex were good box office, help them draw once the word And impressive-- because the got out, HASTINGS old musicals were done on such So now comes Harry and Tonto, an extravagant scale. Talent starring Art Carney as an was cheaper then. Endless r ows elderly fellow whose N.Y.apart. BOOKSTORE of c horines, singers, dancers, ment is destroyed to make way o r just pretty faces, were for a parking lot, Not find- standard equipment. The Holly- ing his son's home to be a wood stage sets were on a very suitable substitute, he scale that will neve r be seen ends up on the road in a serieE again. The old sternwheeler of adventures, accompanied by from Showboat makes the Disney - his cat, Tonto. Throughout land version ' look like a scow , the film the director explores. The Esther Williams musicals the significance of death, f eature kaleidoscopic water living, old age, liberty, etc. ballets and dozens of people The c ritics seemed to really swinging out of pink smoke and enjoy this film, After reading 'for beat results. ...". ｾ＠ then diving simultaneously . a few reviews I felt firmly BANKAMERICARO application The degree of technical per - committed to immersing myself proceaed tIIr.... the bookst-.. fection-- sound, color, syn- in this piece of artwork. I chronization of effects, and only wish that now I could Forms available occasional gimmickry-- not to locate those critics, for I et the checkout COUhtw. mention the grand scale-- ｣ｯｭ･ｾ＠ am presently committad to I immersing them in something: Page 13 Hastings Law News/Oct. 21, 1974

INTRAMURAL FOOTBALL SPORTS BASKETBALL 2-D stretched its two-year long for 2-A to defeat a very victory streak to ten, with a strong 2-B, forcing a tj e for On Thursday night, Oct. 10, 31-0 trouncing of I-A. The second place. 2-B overwhelmed 1974, the spectacular hoopmen win cinched a playoff berth for I-D 45-13, setting up the show- of Section 2 -E took on and the defending intramurals down game with 2-A for the top soundly defeated the Pharmaceu- champions. After the defense spot in the league, and cin- tical students at Mulberry Gym, stopped a modest ｾＭａ＠ drive off ching a tie in the second U.C. Med Center. The 2-E team opening play, 2-D's offense place playoff spot. led by Marc Wuerfel, outscored, administered its now ritual outran, outshot and out outed formula of devastating sweeps the Pharmacy club by the devas- and passes to put points on the tating score of 54 to 25. board. Bob "Twinkle-toes" The opening half saw the 2 -E Burmeister, wearing his new boys come out fastbreaking. cleated ballet slippers, sacri. Kevin Farrell and Jim Nielson ficed his shorts to the worthy began the half by grabbing re- cause, but that was about all bounds and using the fast that I-A got of him as he ran break. Alan Carter and An1re around and through them time E. Jardini were on the scoring and again, and added to the end of the lightening quick damage with numerous pass fast break. receptions. Steve "Nighttrain' The starting five of 2-E Beltran and Don "Nine-two" Mul- wore down the opposition for ford spelled the "regulars on the grand entrance of the offense in the second half, "muscle five." Half way thru and Tom "Cat" Byrnes hauled the 20 minute running half, in his weekly sixty-yard pass leading 15 to 3, the first from Rick Wilson to put the five sat down. The muscle game out of reach. The magic five led by the shooting of hands of Doug Price came up Michael "Toy Cannon" Morrison, with key receptions that sus- "Dirty" Norman Huegart, the STANDINGS tained a number of scoring ball handling and defense of 10/14/74 John Koeppel and the outstan- drives. Rod Wickers, Dave Lan- League 1 ferman, Pat Faulkner, and the ding all-around performance of TEAM W L GB PF PA rest of the Defensive Horde THE TEST - Marc Wuerfel, waxed i2D 0 96 6 did the usual number, sealing 3 the opposition into the floor. 3B 2 0 36 7 off the middle with. almost ! The fast-break continued and lA 1 2 2 21 64 total effectiveness, and keep- at half time the score was 28 lC 1 2! 24 61 ing I-A in their own territory 3 to 10. IE 0 2 2! 0 39 the whole game. The second half was all 2-E x: clinched playoffs again. The icing was put on Over in League II, touchdown the cake when Wuerfel drove League 2 for a big two with 3:49 remain- passes from Bill Morro to TEAM W L T GB PF PA Howard Haslem and Howard Saga- ing in the game. That made x2A 4 0 52 16 the score 46 to 21 and put the sar helped 2-A to a 15-0 win 2B 3 0 1 ! 140 45 game out of reach for the poor over the Stoned Wheat Thins of 3E 2 1 1 H 64 27 pill pushers. The game ended 3-E. The victory locked up IB 2 2 2 55 84 in expected triumph and put a playoff spot for last year's 2C 0 4 4 32 98 2-E on the road to their first runnerup team, and dealt a se- ID 0 4 4 19 92 annual Hastings-U.C. Med Cen- vere blow to the SWT's playoff x: clinched playoffs ter Intramural Championship. chances, as they must now hope The leading scorer was Alan Carter and Captain Kevin Far- rell was the leadiRg rebounder 1974 - 1975 HASTINGS RUGBY CLUB SCHEDULE

I's II's

November 23* Kendrick Hall 30 Stanford 10-a-sides

January 11* Daly City Browns Santa Rosa III's 18 Sea Hawks II's Sea Hawks III's 25 Mather

February 1 U.C. Santa Cruz I's U.C. Santa Cruz II's 8 Santa Clara I's Santa Clara II's 15** Colusa 22** Monterey I's Monterey II's

March 1* Woodland I's Woodland II's 8* Contra Costa S.F. III's 15* North Counties I's North Counties II's 22 Monterey Tournament 29

April 5 Senors S.F. III's 12 Playoffs Kendrick Hall 19 Santa Rosa Tournament 26 Golden Gate Tournament SPECIFICITY 1st Annual Alumni Game and Banquet The analysis of a situation is one thing, the prescription *Home Game of the remedy, when indicated, **Site to be determined is another. Practices will be held every Thursday afternoon at 5:15 p.m. at the Polo Fields in Golden Gate Park. Hastings Law News/Oct. 21. 1974 Page 14 PROFESSOR KINGSFIELD BOOK REVIEW drawings, statistical tables cont. cont. and gleaning information that usually is found in almanacs not raining, Jones. Taking vermin, bankers, rats, real and books of that ilk. into account your prior estate agents, etc. Secondly, One last warning. The knowledge of meteorology, you can finish the book and cartoons in the book are de- of which no doubt you attempt to carry through ｾｮ＠ plorable. Therefore, I can't possess very little, can the advice offered. In wh1ch honestly recommend the book ｾｯ＠ you guess what may have case the property will probably those who like mirth for the1r occurred on that day to be sold or either you or the money. cause 0.3 inches of pre- agent will be dead before the cipitation? deal for the domicile of your J: Uh, well, perhaps there dreams is consummated. was a heavy fog? The book has a further attrac PARALLEL SIGHTS: Semantics K: A fog, did you say? tion for myopics who detest J: YeS;-sir, a fog. the print in property texts. K: You have taken the unfor- "Contrariwise," continued Unlike the spats of current Tweedledee, "if it was so, it tunate position of Mr. books that explain landlord/ might be; and if it were so, it Dred in his Restatement tenant rights and duties in and a few unenlightened would be; but as it isn't, it the same manner that classic ain't. That's logic." states. Like these people, :omics explain The ｒ･ｰｵ｢ｾｩ｣Ｌ＠ you too, Mr. Jones, have --Lewis Carroll, Through the this book offers clear d1agrams Looking Glass not had the opportunity of complex property problems to read volume 17 of my that are clearly superior to work Kingsfield on Legal the sparse chalk illustrations Meteorology. Words are a terrible strait- that flow from the learned jacket. It's interesting how J: No, sir. hands of many of our venerated K: If you had taken the time, many prisoners of that strait- instructors. Without digressing jacket ｲ･ｳ･ｮｾ＠ its being loo- otherwise so foolishly into the value of our faculty's spent, you would have sened or taken off. ventures into Socratic mono log --Stanley Kubrick ､ｩｳ｣ｯｶ･ｲ･ｾ＠ that a stray cat or their artistic abilities, it with kidney problems had certainly can't hurt (fiscal meandered into the weather considerations aside) to own Schizophrenia may be a nece- station that day. The cite this book. It supplements in- on that is 13 R. Hood, a ssary consequence of literacy. spirational discourses in prop- --Marshall McLuhan 1272 case. One of my erty and it doubles as a con- students, Justice F. Tuck, versation piece which is guar- wrote the opinion. The antied to attract the attention When men have to do with one California position fol- of your materialistic guests lows this English specimen. another, they are like verbs - who desire to assert pride of almost all verbs are irregular. Two states hold it was possession in the country. --Soren Kierkegard raining; three states One personal criticism of the believe there was a heavy subject matter is that it pays fog. All the other of the far too little attention to 48 states have not yet dec- Nameless origin, naming is squatters' rights and adverse the mother of things. ided this question of possession--a topic which many --Lao Tzu major consequence. an impoverished law student or alumnist might find attractive in these lean days. In Buddhism, there are no You don't have to want to buy CAMBRIDGE CATECHISM commandments, they are precepts cont. country property to purchase that you take on as verbs - Finding and Buying Your Place states - that you elect to take in the Country.I intend to Since no one knows what good on and try voluntarily as tech- give my copy (if I ever procure teaching is, the claim is irre- niques. one) to some arab friend who futable. --Alan Watts. Don't the students know? enjoys looking at maps, line Maybe. You couldn't prove it by me. The student may be aware that he or she learns more in 119 MARKET ST. ｾ＠ '!illL one class than· another, but I 956-4648 am not sure he or she can tes- GOLDEN GATE tify that is because of some- 615 MARKET ST. & LARKIN thing called "teaching." Keep WEINSTEIN CO. 956-4692 771-4194 in mind that for many students this is the first time they have ever studied something in which they were deeply inter- ested, in which they were moti- COLOR vated not only by the grade but by the spectre that if they did not learn the material they Pili NT would at some time in the fu- ture appear the fool in some public forum. It would not be FILM SLIDE FILM surprising that the student OR should see this educational P. experience as vastly different that any he or she has had be- MOVIE FILM fore. DEVELOPING 94C 1.39 VALUE SUGGESTED READING: "--- ..-! J.S. Auerbach, Enmity and DEVELOPING PROCESSING Amity: Law Teachers and C135-36 Practitioners, 1900-1922, 5 PERSPECTIVES IN AMERICAN 8 MM MOVIE HISTORY 549 (1971). SILK BORDERLESS 49 SUPER or REGULAR 1 Stevens, Two Cheers for 1870: WOW PRINTS 17 The American Law Schoo]. Id. 30e VALUE 35 MM SLIDE at p. 405 70 EXPOSURE 149 C. Warren, A HISTORY OF THE 12 EXPOSURE ROLL HARVARD LAW SCHOOL (2 vols. DEVELOPED & PRINTED_ •• 35 MM SLIDE 1908 ) 36 EXPOSURE 49 4.99 VALUE .. 2 Page 15 Hastings Law News/Oct. 21, 1974

est as they were previously," he said. Stanford Pre s i dent Ri c hard LAW OPENS STUDENT FILES Lyman has written Sen. Buckley that his amendment is c ausing (CPS)--College students now The law furthermore forbids "considerable anx iety" among have complete-access to all third parties--including most members of the American Asso- confidential school files kept federal agencies--access to ciation of Universities, no- on them, under the terms of a student records, unless the ting that "obviously a perso- new federal law, student has given written con- nal recommendation is not like- An amendment to the Education sent. ly to be candid if the writer Act of 1965, sponsored by Con- A school may lose its fede- knows it can be read by the servative Sen, James Buckley of ral aid if it "permits the re- subject," New York, gives college stu- lease" of personally identifi- Lobbyist John Morse, direc- dents access to their own files able records or files of stu- tor of government relations including high school and col- dents to anyone except: school for the American Council on Ed- lege personal recommendations. officials and teachers "who ucation, said the concerns for For students who haven't have legitimate educational in- educ ators were multifold: reached 18, the same rights are terests"; the officials of a "Should records written two or transferred to their parents, school to which a student is three years before the law was The law goes into effect Novem- transferring (if the student enacted be opened?" he asked, ber 20. approves), and federal and "considering the violation of The material open to student state education officers if the privacy of the persons who in inspection includes everything records are necessary to audit good faith wrote confidential in his or her record: identify- and evaluate federally suppor- reports. And what is an offi- ing data: scores on standar- ted education programs. cial file? Are notes of an dized intelligence, achievement Schools can also lose funds interview made by a school's and aptitude tests: academic for failure to inform students staff psychiatrist to be made work completed; level of a- of their rights concerning stu- available to a student?" - chievement and aptitude tests; dent records. HEW has set up MorSe said he feared that academic work completed; level an administrative office and a schools will probably have to of achievement, including review board to investigate rely more and more "on mathe- grades and test results; atten- and settle complaints of viola- matical, objective, non-inter- dance data; interest inventory tions. pretable statistics--namely, results; health data; family The Buckley amendment has grades and test scores." background information: teacher drawn shudders from most col- Meanwhile, most schools have or counselor rating and obser- lege administrators who envi- been reviewing their policies vations and verified reports sion bureaucratic overload and on record-keeping and are de- of "serious or recurrent" beha- serious ethical and practical veloping standards as to what vior patterns, problems in regard to students should be in cumulative stu- Requests to see the material letters of recommendation. dent folders in the first must be honored within 45 days. "Letters of recommendation place. According to Higher Students may then request a may tend to be worthless if Education Daily school admini- hearing to challenge the con- faculty know that students may strators are being advised to tent of school records and to read them," commented Charles "purge their cumulative files request deletion of "innacu-· Whitlock, Dean of Harvard Col- of materials which do not ap- rate, misleading, or otherwise lege. "There will be a tenden- propriately serve the student inappropriate data contained cy for them not to be as hon- and the school." therein."

would be utterly inc ongruo u s repre s ent ation, o r illegal ETHICS' UNIVERSAL with the entire tenor of the conduc t invo lving moral turpi- code to find that its pro vi- - tude d o n o t a pply t o them when APPLICABILITY sions regarding lawyers who they are a c ting as individual s engage in fraud, deceit, mi s - or as publi c servants," Lawyers are bound by the American Bar Association's Code of Professional Respon- sibility, even when they are not practicing law, the ABA WILLIAM, T NOi1CED YOU WEREN', IN Standing Committee on Ethics SCHOOl... AGAIN and Professional Responsibil- yeS-rERDAy.... ity said in a formal opinion. The rules in question read that a lawyer shall not engage in illegal conduct involving dishonesty, fraud, deceit or misrepresentation. The Code of Professional '- Responsibility has been adopted with some changes from state WELL, MNAM, 'rOU SEE, T BOYCOTIED CLA55E51V PRDn.5Tll-lE MASSIVE. to-state by almost all of the RJRC.ED BUSING 01= TINY I\-JNOCENT ScHOOL states and the District of CHILDREN ID ACHIEVE. AN ARBITRARY Columbia. Under the federal RAC.IAI.. BAl.-ANCE I=OR ｾ ｕｒｄＰＵ ｅ ｓ＠ OF SOCIAl.- &XPERIMENTAIiON TO 5 ATIS!== Y system, the states have the THE: WHIMS OF A CADRIC!OUS JUDICIAL power to punish lawyers for -r)tRAt-ITf violation, but the opinions of the ABA committee are the authoritative interpretation of the code provisions. "It is recognized generally that lawyers are subject to ...... discipline for improper con- duct in connection with busi- ness activities, individual or personal activities, and activ- ities as a judicial, govern- mental or public official," the committee explained, The committee said the rules provide that "the public ｳｨｯｵｬｾ＠ be pretected from those who are not qualified to be 1awyerE by reason of a deficiency in ... moral standards" and that "it FREE THE HASTINGS 65 Hastings Law News / Oct. 21, 1974 Page 16

PARALLEL SIGHTS: Drugs (PIRG, cont.) PARALLEL SIGHTS: Sex 4. Health Care Honest Officer , had I known my health stood in jeopardy I 5 . Mass Transit (Santa Clara would never had lit one . The pagan saw that life was County) . --Maxim of Hell ' s Angels produced through sexuality, and accordingly worshipped that 6. The High Co st of Living which produced him . He cele- (and Dying) I do not take drugs - I am brated the orgies of the flesh and found God the mother in 7. Conflict of Interest. drugs. --Salvador Dali sensuality. --Alan Couli 8 . Banks and Lending Compa- Chemistry is applied theology. nies . --Augustus Stanley Owsley Sometimes a cigar is just a cigar . --Sigmund Freud

I regret to to say that we of the F . B . I . are the power - less to act in cases of oral- genital intimacy, unless it has in some way obstructed in - terstate commerce . -- J . Edgar Hoover

Print a famous fo r eski n and the wo r ld wi l l beat a path to your d'oor . --Jann Wenner , Editor Rolling Stone

{p, CWL\ What is pornography to one man is the laughter o f g enius to another. --D. H. Lawrenc e

0 000 OOOOOOQOOO 000000 o NOW SHOWING ｾ＠ IN HYDE ST.LUBBY 8 o o a 8 'at' o g ASK ANY 62J'C 5UP£R5TAR'* HDW o o o ynu [AN fEr A T([l(£T Tn 5 ucCESS o o