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2-5-1991 Hastings Law News Vol.24 No.5 UC Hastings College of the Law

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Page 2 Hastings Law News February 5,1991 Students Applaud New Hires: Process Still Needs Work By Sean DeBruine stink," Morrow related. ''They classroom performance and ap- ing candidates, lead some to ques- students to attend, even though he may ignore (diversity) when the proachability." And Fox does tion the faculty's defmition of SrAFF WRITER knew some time in advance that issue cools off. There is nothing feel that recent hires reflect a diversity. "The faculty doesn't the interviews where upcoming. The recently announced fac- in writing requiring the faculty to "student impetus." seem to consider academic phi- "I gave most resumes to the Jour- ulty hires were greeted with cau- diversify." Butastudent who participated losophy and perspective an issue nals and student groups like tious applause by students in- Both Morrow and ASH Presi-;; in student interviews of faculty in diversity, but we do," says LEOP,BALSA,andLaRaza,"he volved in calls for a diversified dent Doug Fox are concerned candidates disagrees. "I question Morrow. "The greatest thing said. "I distributed the restto my faculty. While pleased that the about the informal nature of stu- how seriously the faculty con- lacking at Hastings is a dialogue friends and other students willing new hires include three women - dent involvement in the hiring sider student opinions," said Cliff from real diverse perspectives." to participate. I tried to make the one of whom is the first woman of process. While they are pleased Stanley. "The form they use asks "The faculty is afraid of stu- group reflect the student body. color at Hastings - and an Afri- with current Faculty Appoinunent very general questions lue 'is the dents' calls for intellectual diver- The remainder were distributed can-American, they caution that Committee Chair Margreth Bar- candidate likeable?' The candi- sity," according to Fox. ''They at the first ASH meeting of ｾｨ･＠ the current status of student input rett for encouraging student in- date [I interviewed] himself feel that students want just the crit semester, to go to first years." and the faculty's perception of volvement, ("she's extra cool," seemed to attach little importance (Critical Legal Theory) viewpoint, The Diversity Coalition in- diversity are still causes for con- according to Fox), they point out to the process." not more conservati ve views like tends to maintain pressure on the cern. that student involvement is at the While admitting that the can- Law and Economics. That's faculty to continue the process of "It's exciting that the faculty whim of the Committee. didate was "wiped out from a mistaken. Students want views diversification. At a meeting finally took it upon itself to diver- "There is nothing written long day of interviewing," Stanley from many perspectives." planned for Wednesday, Febru- sify," said Beth Morrow, a mem- down,"notedFox. "Students need said, ''I'm not sure he took it seri- The method of including stu- ary 6, the Coalition plans to elect ber of the student Diversity Coa- something in writing. There ously. The students in my group dents in the interviewing process officers and become a recognized lition, currently an informal group should be a student on the Ap- were most interested in the wasalsocriticized. "Iheardabout student organization. They also of students pressing for a faculty poinunent Committee." For this candidate's academic and intel- the (student) interviews only when will try to finalize a Statement of that is more representative of to come about, the faculty would lectual interests and his approach Dean Read spoke to my section, Purpose to articulate a goal for society at large. These recent have to amend its bylaws by a to teaching. They were concerned so I contacted my ASH represen- faculty diversity. By becoming hires are "important steps" Mor- two-thirds vote. "We need to find with bringing a broader intellec- tative," recalls Cliff Stanley. "But an official organization, the Coa- row says, but she remains con- a faculty member to sponsor" such tual and critical approach to law it seemed that most interviews lition hopes to have a more con- cerned about the depth of the an amendment, he said. school. Amazingly, the candi- went to the friends of Doug Fox." sistent presence on campus, and facu)ty's commiunent, to broaden There has been some question date hadn't really thought about Fox agreed, saying that he re- to be prepared early next year for its defmition of diversity and the about how much weight the fac- these issues, and was very conser- ceived candidates' resumes when further anticipated hirings to re- future of student involvement. Ulty gives to student opinions. vative in his responses." he returned from the semester place faculty members taking "lam concerned that the school Professor Barrett responds that The limited involvement of break, and since the interviews early retirement. has reacted to this as a 'hot' issue "student comments are very help- students, and the narrow criteria were scheduled to start immedi- because students are making a ful. Students have a better feel for they were asked to use in evaluat- ately, he had to scramble to find New Faculty Bring Different Backgrounds, Perspectives Continued From Page 1 Greenpeace Latin America on history from the University of professors, he has been appointed Arbor, Michigan and San Fran- previously reported, this program pollution issues in Mexico, with Virginia. While at VanderbiltMs. specifically to help revamp and cisco. She studied Russian Lit- offers enhanced retirement bene- the Ford Foundation in Mexico Crossley was Editor-in-Chief of teach in the Civil Practice Clinic erature as an undergraduate at fits to certain qualified faculty City seeking grants for programs the Law Review and earned the program. In addition to clinical Brandeis and earned a Masters and staff members if they retire for human rights, and edited the Order of the Coif. After clerking teaching, Boswell's research in- degree in Soviet Area Studies from this year. Approximately eleven Central American Report in for a judge on the Sixth Circuit, terest is in immigration law. Harvard before receiving her J.D. of theregular faculty are eligible.) Guatemala. She gained legal Ms. Crossley entered private prac- "Hastings is in the process of from the University of Michigan. "I am enormously pleased and experience clerking for a Ninth tice. She taught Moot Court at overhauling its skills training Her teaching focus is on trial excited and a little scared," con- Circuit Court of Appeals justice, Boalt hall last spring semester. program," Boswell noted. "When advocacy, which she has taughtat fessed Naomi Roht-Arriaza. and for the Mexican American Her expertise is in the area of we are done it should be a pre- Boalt Hall and Michigan. She is Roht-Arriaza, who had offers from Legal Defense Fund. While at medical and corporate law. miere program. Our long-term the regional director of the Na- several other schools, chose Boalt she co-wrote three law re- goal, which should benefit those tional Institute for Trial Advo- Hastings "because of the diver- view articles, taught Legal Writ- The newly tenured positions students currently in their fust cacy. sity of its students, and because ingandResearchandwasaTeach- Boswell, whose J.D. and first year, is to combine sim ulation at Leo Martinez joined the Hastings graduates are influential ing Assistant in the Graduate teaching experience were at school with real client clinical Hastings faculty [Tom the San in the Bay Area legal commu- School of Public Policy. experience. " Francisco law offices of Howard, nity." She also applauded the JoCarril\o will receive her J.S.D In addition to Boswell's, there Rice, Namerovsky and Faile. He faculty's moves to diversify. "I from Stanford this spring, follow- are currently two more clinical is a 1978 graduate of Hastings, am a recent Boalt graduate," she ing an earlier J.D from the Uni- positions open, and candidates which he attended as part of his explained, "and we have struggled versity of New Mexico School of were on campus last week for military duties as an officer in the long and hard over the issue of Law, and a B.A. in History from interviews. All the clinical posi- Army. He teaches Contracts, Tax diversity. This year's hirings Stanford. In the interim, Ms. Car- tions are independent of possible and advanced tax seminars. In reflect changes in the right direc- rillo worked as a staff attorney for faculty retirements and are in- addition to his teaching duties, tion." the New Mexico Department of stead part of a special effort to Martinez is active in community In addition to increasing the Human Services. She was also develop a clinical program. affairs. He is on the board, and diversity of the faculty, these three the Laurie Visiting Scholar in "These positions were approved chairs the legal affairs commit- women will bring a broad range Women's Studies at Rutgers and the money allocated some tee, of KQED. He is also on the of experience and expertise to University and has experience in time ago," explained Uargreth board of the Berkeley Law Foun- Hastings. writing and publishing. Herareas Barrett. She is also confident that dation, and the Alumni Board of Roht-Arriaza graduated last of interest are federal Indian and they will not be affected by any Governors of Hastings. "What I spring from Berkeley with aJ.D. environmental law, and she has possible future budget cuts com- like best about teaching is that it and a concurrent Masters degree published three law review ar- PHOTO BY SEAN DEBRUINE ing out of the current budget situ- allows me to work on things in the in Public Policy. Roht-Arriaza's ticles about the American Indian Newly Tenured Professor ation in Sacramento. "The money public interest, and to be intellec- specialty is international law, in western legal thought. Richard Boswell. is in the bank," she noted. tually challenged," he said. "Plus, particularly human rights and Mary Crossley received her J.D. George Washington, is visiting Melissa Nelken joined the it's fun in the classroom." environmental law in Central from Vanderbilt University this year from Notre Dame law Hastings faculty in 1979 after America. She has worked with School of Law, and has a B.A. in school. Unlike the newly hired working as a litigator in Ann or Barpassers Jim Herbert? (VIdeo only) rAIl"" leam Criminal Procedure from • • • or Barpassers Bob Hull? (VIdeo only)

• • • or Barpassers Bob Hull? (VIdeo only)

• • or Barpassers ":==.. ) Patty(VIdeo Noyes? only) ratlraer leam Prqfessfonal Responsibility from • • • or Barpassers Steve BraccI? (VIdeo only) Crlm al Law from . . • or Barpassers Jim Herbert (VIdeo only) & Trusts from . • or Barpassers Jbn Herbert? (Aadlo tape onlyl)

natlrter ••".... Community Property from • • • or Barpassers Jim Herbert? (agaJn)? (AadIo tape onlyl)

teach tlaefr course and call them tD)JI-ftOCCll AIM lcau school prqfessors who are ...-ifHlll!!II ClAa.d callforraica bear uam questions.

OICE Fta.. ", (415) 441-5600 • San Diego (619) 236-0623 ｾｾ｟＠ ＺＺＬｾＮＬＮ ｾ＠ ___ (916) 441-lJ617 Page 4 Hastings Law News February5,l991 Few students bagging their limit in spring job hunt spring has dwindled from over 40 Young advises students to look particular sized firm, practicing firms in its "student-send-resume" By Joe Vadala last year to only 25 this year. atthelimitednumberofpositions ina particular field, in a particular fIle. EXECUI1VE EDITOR Young added that of those 25 available through spring OCI and location, for a particular salary. Young said Hastings also main- employers, nine represent gov- to "be realistic" about the proba- "The market simply no longer tains a database containing 1700 The crunch in the legal job ernmentand public interestagen- bility of gaining employment by supports such demands," said firms, "all potentiai employers." market which has left many stu- cies. using just this program. He dis- Young. Other non-OCI alternatives in- dents still unemployed for this Vying for those scarce inter- courages students from limiting On the brighter side, Young clude a Public Interest Confer- summer and post graduation is view positions are 284 students, their opportunities by only con- believes that there are still jobs ence slated for March 2, Hastings evidenced by the reduced number including 158 first years, 83 sec- sidering certain geographical available for flexible students Public Interest Law Foundation of employers participating in ond years and 43 third years. areas and only certain areas of the willing to explore alternative grants, and work study. Young Spring On Campus Interviews Although some students emerged law. In addition to the dismal avenues for job hunting. He said also emphasized the importance (OCI) this year. without a single interview while a economy, Young feels that a fac- that many smaller and medium ·of networking. He said "the who According to John Young, le- number oflucky students received tor in the high number of yet-to- sized firms have not yet done any you know " doctrine is still a gal recruitment coordinator in the two, Young estimated that each be-hired students is the "overly hiring because they often do not valuable rule for [mding a job. on campus Career Services Of- student participating in spring OCI high expectations" of the students know their summer needs until fice, the number of employers who received an average of one inter- themselves. He said that many well into the spring. The Career are interviewing through OCI this view. students want to only work for a Services Office list several of these Hastings' July Bar Passage School Hung Up on Political Poster Rate Wasn't Extraordinary First Amendment Concerns Raised When BlSA "It differs year to year," Levine By Robert Crook said, "We're typically in the best Placed Sign in lobby of 200 McAllister STAFF WRITER group. We have been the best in The next day, Santos, a third only if it publicized an event. Ac- the state but the exact rate, I think, By Betsy C. Johnsen is not important." Boalt had the year, plus Ross and several other cording to Ross, Oppenheim also After months of waiting, the NEWS EDITOR results of the July 1990 California highest passage rate for flIst-time flISt year BLSA students spoke admitted that she had mis-handled bar examination were announced test takers who took the Califor- with Oppenheim, who has since the controversy and should have in late November. Of the 324 nia examination in July. Boalt The Black Law Student Asso- declined the Law News' request contacted the BLSA members Hastings students who took the passed 90.5% of its students; UC ciation (BLSA) clashed with the for her comment on the contro- initially. test for the first time, the 274 who Davis passed 88.6%; UCLA administration over the school's versy. According to Santos, Ross then re-posted the sign, passed were likely pleased with passed 85.9%; and Stanford response to the posting of an ad- Oppenheim said that there had with an added reference to an the results. The remaining 50 passed 85.2%. Hastings ranked mittedly "political" sign on Mar- been complaints by some students event that BLSA was sponsoring students undoubtedly were not. last among this grouping of tin Luther King's birthday. that the sign "offended them" and that day, a vigil for the soldiers in Hastings' pass rate was described schools at 84.6%, but these per- On Tuesday, Jan. 15, BLSA they were concerned about their Saudi Arabia. as typical. centages are very close together placed a sign on an easel in the First Amendment rights, espe- Ross, Santos and others also "It was pretty good," Associate compared to the overall 73.4% flISt floor lobby of the 200 build- cially in conjunction with the anti- met with Dean Read later in the Academic Dean David Levine passage rate for flIst-time takers ing. The sign, according to BLSA war table that had been in the week. According to Ross, he said said of the latest bar passage rate. of the July California bar. president Anita Santos in a recent lobby the previous week. Fur- he did not see how anybody could "Typically, ittends to be true that "Hey, we beat Michigan," interview, was meant to "heighten ther, according to Santos, Oppen- see the sign as a violation of their the top three-quarters of the class Levine commented. Seventy-five the awareness of the Hastings heim said that there were rules flISt amendment rights, and he does very well. The bottom quar- point four percent of Michigan community about the statistical preventing the posting of the sign, had walked past the sign himself. ter usually has problems." students who took the California imbalance in our society ." Printed although Santos says that Oppen- Santos stressed that she was When asked to identify other bar exam for the [lIst time passed. on three lines was the information heim was unable at that point to angry about the actions of the factors that correlate to bar pas- Out -of-state schools Harvard and that African-Americans com- state what the rules were. Oppen- school administration because sage, Levine stated that at the Yale passed 87.4% and 88.2% prised less than 5% of Hastings heim did say that the sign could be they "just took it down, without present time there are no indica- respectively. "Nationallyaccred- students, less than 13% of the placed in designated areas in the consulting us, based on a few tions that other factors determine ited schools are basically in the general population, and more than 198 building. students' complaints, because it who passes and who fails. Dis- same ballpark," Levine added. 60% of the soldiers stationed in The group from BLSA also offended them. Yet we had gone covery of such a pattern would be For those who take the bar Saudi Arabia The poster also presented Oppenheim with afour through all the appropriate chan- useful, according to Levine, and examination over again, however, portrayed the face of a black man page legal memorandum assert- nels, and done every thing we were Hastings is continuing to exam- the chances for success drop dra- in military garb, and asked, at the ing that the removal of the sign told was necessary. If Patsy ine a wide range of data in order to matically. Compared to an over- bottom," AfflIffiative Action?" had violated their First Amend- Oppenheim had just said, 'Put an improve students' chances of all 73.4% passage rate for flISt- Since the sign had not been pre- ment rights, and detailed the con- event (announcement) on it or success. timers, candidates who took the approved by the administration, stitutional case law supporting move it-that's the rule,' we Although Hastings' Legal bar examination for the second as all signs posted must be, it was their position. The group asked would have complied. Instead of Education Opportunity Program time had a passage rate of only immediately taken down. Lisa that the administration respond to giving us a chance to follow the (LEOP) has the "Bar None" pro- 30.5%. Those who took the ex- Ross, a flISt year student who had their memo. rules, the sign was just taken gram to assistLEOP students with amination three or more times helped make the sign, saw it was According to Santos, Oppen- down." passing the California barexami- had a passage rate of 17%. down and went to Patsy Oppen- heim then said that she had nation, there is no similar pro- Should Hastings place more heim, the Director of Student "jumped the gun" by referring in gram for general admittees. All emphasis on teaching students to Services. Oppenheim stamped her note to the sign violating other students are encouraged to take pass the bar examination itself? the sign with the required authori- students' FirstAmendmentrights, This the regular academic bar courses Levine sees Hastings' role to be zation notice and it was replaced and that Oppenheim would pass and most take all or nearly all larger than coaching for the test on the easel. on BLSA's legal memo to the Space courses offered. Half of those bar He said taking the bar examina- But within a few hours, the school's General Counsel. courses are required in the flISt tion is only one aspect of a legal BLSA students found that the Later that day several of the for Rent. year. If a student is not in good career, and law school must de- poster had been taken down again. flISt year students again spoke to standing, that student must meet velop the individual rather than Ross then found a note in her SIC Oppenheim. They were hoping, with the Academic Dean to dis- provide concrete answers to legal folder from Oppenheim telling said Ross, to pin down the rules Advertise in the cuss ways in which to improve questions. "We're training people Ross that the poster had been re- for posting signs on campus. Hastings Law News. scholastic performance. for the long run-judges, law- moved because "some students According to Ross, Oppenheim How does Hastings compare yers, the legislature," he said. are concerned about their First then said that the sign could be Call 565-4786 for with other major law schools? Amendment rights ...." posted on an easel in the lobby information. FebrIlQTY5.1991 Hastings Law News Page 5 Is Hastings Health Care Leaving Students Ailing? By Margo Buckles the second floor of the 200 build- health sen; ices, for problems Hastings' policy of requiring in- surecs under their policy. Three ing and is open Monday-Friday. PRooocnON EorroR outside the range of their delivery surance coverage has been in ef- years ago UC Berkeley staned an and Joe Vadala from 8:30am. to 1:30p.m. During system. Most health services- fcct for the past two years and will independent insurance programn MANAolNO EorroR those times students can see a related complaints received to continue, according to Martin. which was mandatory for UC fuU-timedoctor, two nurses, three date, according to Martin, have Manin said that Hastings' Berkeley graduate and profes- The ASH Health Services psychiatric counselors and a gy- dealt with Health Service 'shon health insurance coverage has sional ｳｴｵ､･ｮｬｾＮ＠ According to Commiuee is currently distribut- necologist who is available twice hours and the delay in getting improved greatly since last year. Martin, because UC Berkeley's ing questionnaires designed to weekly. The full-time doctor, the appointments, rather than with the Last year's insurance policy cov- program ｷ｡ｾ＠ so new, Berkeley give students the opportunity to gynecologist, and one of the nurses quality of the health care service. ered only S ISO in outpatient serv- was unWIlling to expand their pol- air their opinions regarding school have been with Health Services ices per accident or illness. This icy to cover Hastings' students Most health services-reliJud health care services. for over ten years and have been year, the policy covers SIOOO of until the program's efficacy ｷ｡ｾ＠ ASH Health Commiuee mem- treating Hastings students since compliJints received to date, outpatientcarepermcidenL Hos- tested on their own students. bers Elizabeth Calciano and Health Services was located on according to Martin, have pitaIi7.ation coverage rose from Although Berkeley might be will- Roben Fulton formulated the TaylorStreet. According toJudie deall wilh Heallh Services' S 15,000 to S50,OOO per incidenL ing to add Hastings students to ｩｌｾ＠ questionnaire because students Maron, Health Services Admin- short hours and the deliJy in Students' prescriptions are also program in another two years, had approached them with con- istrative Nurse, the majority of getting appointments, rather now partially covered. For pre- Martin is not convinced that it eems about the health services patients need treatment for rou- than with the quality of the scriptions, students pay a S25 would be advantageous to provided by Hastings. The per- tine maladies such as flu, bron- health care service. deductible, and then the insur- Hastings students because onal experiences expressed. chitis and minor injuries. Martin ance company will pay half of Berkeley's insurance program is however. were too vague toallow estimated thatapproximately 30% "Health Services may not be per- prescriptions cost up to S200 per more expensive than the current ASH to address the problems of the services are dedicated to fect," said Martin, "but fora school illness. MartinstaICdthatatSI40 Hastings plan and would require directly. By tabulati ng the results women's health concerns. the size of Hastings, I think we per year, the insurance coverage Hastings students to use of the questionnaire, Calc iano and Hastings' Student Handbook offer a lot." provided is relatively cheap Berkeley's health care facilities. Fulton hope to form a complete outlines the scope of health care Complaints directed at compared to independent health Calciano and Fulton encourage and concrete picture of student available through Health Serv- Hastings Health Services often insurance policies. which range students to fill out and return the opinion, both positive and negativ, ices. Students are not required to include references to Hastings' frornoverSlOOtoS200permonth student Health Services question- regarding Hastings' on-campus use the on-campus health care, ｩｬｬｾｵｲ｡ｮ｣･｣ｯｶ･ｲ｡ｧ･Ｎ＠ Like the other for similar coverage. The student naires to ASH. With the informa- health services and insurance cov- but those dissatisfied with on- three UC law schools, Hastings insurance policy is subsidized by uonprovidcd,ASHhopcstowork erage. campus care cannot see an out- requires that students have insur- the school's budget. with Martin to improve both on- On-campus services are free to side physician and expect insur- ance coverage. Students can In an attempt to improve insur- campus services and insurance all Hasting tudents, even those ance reimbursement. Off-cam- waive school coverage if they ancecoverage, Martin approached coverage. who have waived school insur- pus health care isreimbursed only prove that they are covered by an UC Berkeley to see if they would ance coverage. The clinic is on when obtained by referral from outside insurance provider. accept Hastings students as in-

HASTINGS PUBLIC INTEREST LAW FOUNDATION THANKS 1990 CONTRIBUTORS:

John Chang Da vma "auno, T""mas Lee Gary PCM Sonja Stenger A, I" F.milUang ｾ｡ｲｴＮ＠ lIanc<",k Janctte Lcol1ldou usanna Pollak Sandra tone StephanlC C)lln Elena llasl"ns Julia I.cvtn Mclasa Proudlan Juliannl IOOC Willian! I.evmlhal Randall tone, '1 Brandun Chun Fra'K:lSCol lIeman7 PcUyQucen Carl Cu",han Suneon Her 0Vl11 Ruby Ucberman lIeuti Rand lkru. Stn:mlau MIchael (.1a,ks"" Barry HunmelstW1 KIng Urn VIda RandaU·Wct cl I ... ra ullivan ) : Joseph Crcu. Stephanlc Hind E1tzabeth Mans Reena Rhee Juliann urn , Russel ｾ｡ｲｵｮ＠ R ....dan Tedesco " F.ncCrolt Bruce H,ransomhoon Gn:& RIdgley 81f1IIOachtera ChnllloUand Steve ｾ｡ｬｵｊｪｳ＠ David RohlnlOl Sara ThelSl J Jeanne Damll Jack 110m Ed ｾ｣ｄｯｮｮ｣ｬｬ＠ Dana Rod !'ouJ Thoma Ann·Mane Davtdow Cliff Home, Ceho ｾ｣ｇｵｬｮｮ･ｳｳ＠ Grant Rosc:nblurn l"n Thoreson <) Beth Delaney Luana lIonUOllC Tanya .\1cVetgh Manlyn Rosner Tom lkmey o.n DeSano Cheryl HOUle Dougl" .\1elton Gill Rowan D'vora Tlflchwdl lynne Dlnnce, Tun HUd ｒｯ｢･ｮｾ･ｭｴｬ＠ Danny Ryan I'rancu T orn:nce 1'nII. MuaeIh &.MI Sean Beaay Kenncsh DnzJtoww Shea l"aduns Enc.\1eyer Suzanne Ryde, Claud.. T""'II"'I ｔＬｾ＠ 1'nII. ManIla Cchen Bonic 8edta MidIaIEga Andn:w Huue, DaVld ｾｩｬｬ･ｲ＠ fleldl Salerno RcrI ..cr 1'nII. Jabn DUmond Jsafer 8edt

LEX' Your Online Career Connection Page 10 Hastings Law News February5,1991 OPINION En Bane Letters to the Editor Keep the Bar 'Out Peaceful Demonstrations? voke: MLK was nonviolent, as Considering that half the stu- Dear Editor, the protesters should be, and took dents at Hastings are women, I A few observations regarding his noble cause with 200,000 think that the Administration's of the Bedroom the many "peace demonstrations." demonstrators in August 1963 on choice of this insurance plan is The efforts of the demonstrators a PEACEFUL "March on Wash- extremely insensitive. Even in The California State Bar, in its infinite wisdom, has are perhaps well intended but ington." the "enlightened" 1990's, women decided that attorney-client hanky-panky is a subject that misguided. The closing of the The protesters could make a almost always bear the burden of urgently demands its attention. No fewer than three Bay Bridge twice and the Golden far more positive impact on this obtaining and using birth control. different versions of proposed additions to the profes- Gate did not affect President Bush, entire situation if they were to It's ridiculous to force us to either sional rules are currently under consideration, all aimed at Congress, or anyone else with practice what they preach and con- pay the full expense of birth con- k-eeping overly amorous lawyers and clients from mixing power over this country's foreign sistently abide by the First Amend- trol devices, which are not cheap, business and pleasure. The proposals range from a com- policy. The demonstrators se- ment which they (and all) Ameri- or to make inconvenient trips to plete ban on attorney-client sexual relations to a vaguely- verely disrupted the lives of fel- cans cherish. Planned Parenthood. Sure, we worded proscription against liaisons which will impair low American citizens who are Jeff Angeja can split the cost with our boy- "the bar member's ability to perform legal services com- also entitled to their own opinion friends. Sure, we can walk a few petently." about this crisis - but who have blocks to the clinic on Eddy Street. First, there is not really any hard evidence that a prob- not powerto control the situation. Butwhyshould we have to? What lem exists. How many lawyers are actually having sex The protestors invoke the protec- is health insurance for? with their clients anyway? There's an old joke that says the tive shield of the First Amend- I can't imagine what the only thing that lawyers need to use for birth control is their ment. I suggestthey read the next Administration was thinking personalities. We wonder whether lawyers' personalities clause which provides the right to when it decided to buy this insur- are not, in fact, already limiting attorney-client hijinks. In petition the government for the ance policy. Last time I checked, any event, it is premature for the bar to consider taking ac- redress of the grievances. The no one required law students to tion on this issue before it has determined that there really protesters would be better advised take a vow of celibacy. Birth is a problem. to march to the State and national control is an important aspect of The proposed alternatives would also create their own Congress to make their views women's health care, and a sig- difficulties. Enforcement, for example, would be difficult known to their elected represen- nificantconcern for men, as well. if not impossible without seriously intruding on both law- tatives. I suggest that the protest- I urge all Hastings students to yers' and clients' privacy and constitutionally guaranteed ers avail themselves of the proper write letters to Dean Read de- freedom of association. And wouldn't the couple's pillow channels through elected bodies manding that the College enter talk be protected by the attorney-client privilege anyway? to make their views known. That the Twentieth century and develop Any rule would also more likely be abused than used, is the essence of a government a health insurance plan that pro- by overzealous attorneys looking for notches on their op- by, for, and of the people and of vides students with low cost fam- ponents' bedposts, hoping to [md some juicy bit of gossip the First Amendment. ily planning services. that will hold up in open court. In addition, jilted lovers I would also urge the protest- Name withheld by request could easily use the threat of a disciplinary hearing to exact ers to closely examine the First revenge on an attorney /loverwhose performance, in or out Amen;ment provision which al- [Editor's note: This letter was of court, failed to measure up. Health Service, Ha! lows the right of the people submitted to the Law News for Currently, the.state prohibits doctors and psychothera- "PEACEABL Y TO AS- Dear Editor, the November issue. Unfortu- pists from engaging in sex with their clients, but there the SEMBLE." I have no respect for This morning, I visited the nately, the Law News was unable ban bears arelationship to a foreseeable problem: their role a demonstration which in the name Hastings Health Center for the to publish it because Law News as professionals directly involves protecting the client's of peace expresses lofty slogans first time, intending to renew a editorial policy prohibits publish- emotional well being, and becoming personally involved such as "Words not War" while at prescription for birth control pills. ing unsigned letters to the editor. therefore must represent a conflict ofinterest. But lawyers the same time causing severe I had no doubt that my student However, as we noted in the are charged with protecting their clients' legal, not emo- damage to vehicles, store-front health insurance policy, which I November issue, the Law News is tional, well-being. windows, and other property. The paid for, would cover such a basic willing to withhold publishing the And who wants this protection? The debate seems to protesters lower themselves to that item. Afterall,Ireceivedthepills name of a contributor when depend on the stereotype of females as helpless victims. which they condemn. Such vio- last year at low cost from a stu- circumstances warrant it. The One state bar Board member conjured up "a haunting lent actions eliminate the moral dent health center at another U.C. author ofthis letter subsequently vision of a vulture covetously eyeing adefenseless, injured authority, integrity, and merit their campus. signed the letter and due to its lamb," when thinking about vulnerable clients. We find views may have had. I wonder To my surprise, I discovered highly personal content, the Law that to be an exaggerated view of both female clients' how many of our own children that Hastings' health insurance News agreed not to publish her innocence and male lawyers' virility. will continue to grow hungry when doesn't cover birth control de- name.] Ultimately, the kind of coercive or intimidating behav- parents cannot cross bridges, or vices at all. Continued on Page 15 ior which these proposed rules are intended to discourage how great the suffering of those is already covered by existing rules dealing with conflicts who depend on medical or other of interest and moral turpitude. One of the proposed rules, supplies which must cross the for example, would prohibit lawyers from "demanding sex bridges [ will be], all in the name Letters to the Editor from a client as a condition of professional representa- of peace. Letters are accepted from anyone but must be typed or tion." We are surprised to find out that the bar thinks that Lastly, some criticized Mr. kind of behavior is currently within the rules ... legibly handwritten double-spaced. Letters should be clearly BushforchoosingJan.15,Martin We suspect that the bar and the legislature have taken marked as such and must bear the writer's signature, name, and Luther King Jr. 's birthday, as the up this issue only as a titillating alternative to confronting telephone number. Frequent or lengthy contributors will be deadline for war. First of all, Mr. the real problems which plague the legal profession. Lying, limited to ensure that a forum is available to everyone. We Bush did not pick the date, the cheating and stealing are the kinds of basic abuses which cannot print letters without signatures, but names will be U.N. did. Those protesters who are already prohibited by the rules, but which are in need withheld upon request if the circumstances warrant such ac- find an offense against MLK's of more aggressive enforcement. tion. Letters do not represent the opinion of the Law News, its spirit would do well to examine staff, or Hastings College of the Law. their own offensive actions in the light of the very spirit they in- '...,'.1991 Hastings Law News Page II e Dissenting Ovinion feriscw - ulf War Put In Historical Perspective Bring the Troops Home delicate balance of power in the prevent me from presenting a flee caughl the U.S. by surprise By Timothy Huet Arab world. threatening to engulf By Philip ineo complete account of past U.S. and precipitated a foreign policy COLUM.>.1ST the entire region in civil and inter- 0PDaaIa &noll action and policy with respect to crisis because it left the U.S. with- Editor's note: This article national war. Tenorism is likely the Middle East. I mUSllimit this out a strong foothold in this vital PraiclentBUlh claims that the marks ｴｾ＠ first appearanct of a to expand warfare into the global account to one event, the 1953 region. However. in light of the U.S ... cuneoaly wqins a "just new monthly collUlln by this arena. CIA-sponsored coup in Iran • U.S. support for the Shah. it is not ..." a war about good versus col_ist. Indications are that Bush will which brought the Shah to power. diffICult to understand why the evil.. NoIbinS coaId be r.ther have to invade Iraq to achieve his All eumination of that event is Ayatollah Khomeni condoned the The people of Kuwail have flam Ibe 1nIIh: IOquoIe the Presi- been subjected to un pealtable ultimate objectives: the removal relevant to a deeper understand- holding of 52 U.S. hostages and cleat out mCOIIIal, he "is dead of his rival and a subsequent trial ing of the current situation. referred to the U.S. as the "Greal wrongs. There can be no honest wrona." This war is III(ft com- for war crimes. Such an invasion Prior to 1953. Iran was briefly Satan." dispute about thaL BUl it is an pIicaIed IIId _bipous thu that enormous mental and moral leap would increase the number of ruled by a democratic govern- The American people reacted eupbemlJlD qpItI. across the gulf between "Kuwait casuahies astronomically. h ment which nationalized oil pr0- with outrage. People could nOl NaIioDISOIO war fora variety wronged" and "a U.S. military would likely necessilate an ex- duction facilities previously comprehend why Iran hated the of NIDII. IIId aIdIoush moral attack can set things righL" It has tended and costly occupation. The owned by Britain and the U.S. U.S. so much; after all. we are a pouada are frequendy cited. merely been assumed that we can Viemarn and Afghan wars should The U.S .• through the CIA. spon- benevolenl and peace-loving na- IIIOrIlity hal very liuIe 10 do with teach us that a Third World nation son:d a coup in order to once tion. But the media did little to send in the U.S. cavalry. save the iL In my view. the ullimate facts savages from each other. and then is harder to hold than it is to taIte. again gain control of the produc- explain why this revolution had indicaIe IhIl this w. i about the ride off into the sunset - if we If we cannot learn from our tion of oil. installing the Shah. occurred. and instead lamented bypoc:rilyand Ihoruishtedneasof consider it worth our effon. It has experience in Viemarn or that of who promptly created one of the the Shah' s demise and portrayed U.5.fonippolicy. ThesilUllion hardly been questioned whether a the Soviets in Afghani tan. per- most brutally efficient (secrel) Khomeni as a fanatic who wanted Ibe U.s. is cumndy in is anaIo- "successfulliberaLion"ofKuwait haps we can learn from IStaeI's police forces in history to main- to lead Iran back imo the fifteenth ... 10 ..... of Dr. PrankensIein: by U.S. military force might get invasion ofl..ebanon. IStaeI gained tain power. the SA VAK. The cenlury. The media focused only U.s. acdoaI in the Middle East us inextricably involved in a a sudden and stunning milil8r)' Shah was the most reliable U.S. on the revolution and emphasized blaveCl'Clledfon:ea that have now region fI'Iilik even mort extremist "victory" only to cause increased ally in the Middle East As a imagesofU .S. flags being burned IIImed apinat iL The "monster" and bloody by 0'" intervention. enmity and instability that has reward for this loyalty. the U.S. and swdents chanting "Down with .... U.s. foreip policy hal helped outlived any initial benefiL The craincd the SA VAK and provided the U.S." The revolution was ...... now be deIIroyed. real viclorSof an Iraqi defeat could the Shih with over $1.5 billion in taken out of its historical contex t A IUDricaI aJIIIIellt is eaeD- prove to be the extremists of Iran milllary aid to and helped create anti-Iranian tiaI for ｾ＠ how abe from 1953 1979. and Syria. who will exploit the the yaI his overduow. public opinion. U.5.aotilllDlbecumnt IUIIion, of political chaos and anger left in The Islamic: fundamentalist Iraq has never been within the but my UmiIed bowleclp of the U.S. tracks. Unfortuna!dy.many uprising that forced the Shah to U.S. sphere of influerlCC. and the MkIdIeEalland..,.:elimilllions in our country will not even con- U.S. has never attcrnplCd to im- ider the long-tenn consequences pose conlrOl over il either by ofour intervention until body bags providing milil8r)' aid or spon- stan arriving home. soring • coup. Nonetheless. Iraq tings Law News The costs might be wonh is an Arab nation and naturally bearing if the aims and motives of Bditar-In-Olief .M ...... John C. Andrews resents the manner in which the our government were as noble as BlIecudveBdilar ... MMM •••••••••••••••••• M•••••••••••••••••••• Joe VIdaIa U.S. attempts to (subtly) impose they are portrayed. But in the Copy BdiuIr .M •• M...... __ •• MJames T. Schmid its will over the region. The his- context of the foreign policy pur- Bditar ..... M ...... M ...... Beuy C. Johnsen tory of the media' 5 portrayal of sued by the Reagan and Bush OpiDioaaBditar ...... M •••••••• PhiIIip F. Sinco the Iranian revolution should be administrations. it is diffICult to PeaIurea BdiIOr ...... Michael Sobisian compared with its portrayal of Such consideralion would see how our milil8r)' interVention Producdon BdiIOn •••.. M •••••••••••••••• Marp Buckles. Lily Yee Iraq prior to and immediately after seem justified since the U.S. has is motivaled by moral ouarageover Producdon 511ff ...•..•..... DIInieI Boone. John Z. Hollrichter. Saddam Hussein invaded Kuwait consistently shown itself unable the invasion of tiny Kuwait. Peter Tun:oae. Paer Williams How many of us even Itnew who to understand or predict events in Remember. the "Liberation of CInooaisIs ...... M ••••••• R. Janis Mclnlyre. the leader of Iraq was before Aug. the Middle East BUl as with Tiny Kuwait" is brought to you Fabrice Roderiguez 2. 1990? How many of us ItnCw Viemarn. we have plunged our- by the same folks who gave us the Conaibulon ..... _...... DerekBercber.RobertCroot. Sean that he was aItin to Hitler or that sel ves into a part of the world we invasion of that colossus 10 0'" DeBruine. David Glitzer. Timothy Huel. Kemy he used chemical weapons on the cannot fathom. to defend a dear south. Grenada. Monahan, Susie OIl. Alicia Queen. Heidi Rand. Tracy Kurds? While the U.S. was send- friend most of us never even knew One may justly ask why there Tbomu. Laurie Wilkins. Grea llotnick ing milil8r)' supplies to Hussein exiSted. i no offICial U.s. outrage over to help him in the war against If we have forgOlten the Viet- mlliwy aggression in other parts Editorial PoUe Statement Iran. the media was curiously si- nam War. at least we hould of the \l,orld. II would be hard to ｾ＠ HtlStu.,1 Law Nftllis the monthly studenl newspaper or the lent aboul these facts. Yet on remember our IOvoh·ement in reconCile. In moral terms. our HaIinp ｃｯｉｉＮｾＡ｢･＠ Law. Siped opoion ..ucles, when clearl Aug. 3. 1990. the media gOl In Lebanonjusta few years ago. We policy toward Iraq With that for E1 marbd. such, rqnseDl!be opiDioIl or the writer and not Iha1 or gear and began to report the uuth senl uoops into thal troubled land. SaI\"3dor. Guatemala. I rael. or !be CoUeae or !be Law NftII. Uosiped editorials represenl the about Hussein. Prior to that date. being hailed as heroe and many other countnes. But let us opinion ｾ＠ • COIIIeDIUS ｾ＠ the Law Newr Editorial Board only md the uuth did not seem to warrant peacekeepers. BUl anger at U.S. use one country •South Afnca. for DOt ､ｉ｡ｬｾ｡｢･＠ iliffedilDn or wrilen. NodIiIll in these pqes should our aaention. The media image interventionsoon urfaced. After a companson. The apartheid be COIIIInIed • beiDa the opiDioIl of the College. its Board or we now get of Hussein maltes it a few months passed and several government of South Africa has DirecIon, or 111 GaIaaI CoumeI. very diffICUlt for \IS 10 even under- hundred U.s. uoops died. we had rcpeatedI Yused its military against lellure.aadopioiooaniclesll"CKlCepledfrom theoommu- stand why the Palestinians and to withdraw in humiliation. The its neighbors and Its own people. lilly ...... well u IbIdeDIs, but publicaIioD QDnot be guaran- Jordan side with Iraq. However • ..... PnlIpecIMopioioowrillnsbouldCCJlllKltheeditor-inur ticuWty the allilUde Ibat their oil DiIpIaJ ｾｬｉＢｃｬｃｃｉｰｉ･､｢ｹｴｨ･ａ､ｷｮｩｳｩｮ｡＠ Editor. seems to have emerged none the "'1th that fascist governrnent and is ours. sheds IOIDC IigIu on why ...... • ..._qDOIIIbIeClllteqaeIL WedoDOtpablisb wiser for its wounds. fought imposing sanctions until desperately poor Arabs see The auack on Iraq portends forced to by overwhelming pub- Huuein differeady thu we do ...... ＮＮＮＮＭＮＮｳｾｏｉＹＹｉｈ｡ｳｬｩｄｰｌ｡ｷ＠ lic pressure. The weak sanctions .... much sreater repercussions. The Selective aneotion is the U.S. public is Ii1tely to feel dis- against South Africa have been ...... media's 1ftDtlu operaltdi. and is mayed and betrayed as it watches enforced with a notable lack of best iJIusnIcd by the way it por- this conflict spread and deepen. enthlBiasrn for several years. Yet. c. ,. The war is already disturbing the ｃｾ＠ OIIIIIJdfMC' Page 12 Hastings Law News February5,1991 Dissenting Opinion What With the Persian Gulf ... Continuedfrom previous page read this article should be able to after only five momhsof crippling read "vital interests" as "oil." ASH Notes and Comments sanctions against Iraq, the Bush Added to this "vital interest" is By Doug Fox Even the Commander-in- ask him back). administration attacks that coun- the invested in Chief has told those of us not in Future teach-ins will be held over $100 billion ASH PRESlDENr try. What happened to the infinite the United States by the Kuwaiti uniform to go on with our lives as in the same spirit of dialogue but patience our government has royal family-an investment that It's Febuary [sic 1 and spring usual, and all agree that we still from now on with an eye toward urged for the "emergence of de- is certainly paying dividends these training, warmer weather and need to eat, sleep and make love. a particular issue. The nextteach mocracy" in countries like South days. And last, but certainly not waterrationing aside, ASH hasn't As we learn details from the cor- in will focus on solutions to the Africa and Guatemala? least, there is George Bush's ego. sponsored a single beer on the poration code of Delaware, we Gulf War, both short and long Kuwait is not an emerging It is to that ego and oil that our beach. What's been going on? can ask nonetheless whether the term, real and imagined, from a troops are sacrificed. We had a "bash" planned for war has any bearing on the law or multitude of viewpoints (as best Those who protest against Those who protest against such the very week that war broke out our society or on ourselves. we can). such a state of affairs are a state of affairs are accused of not way over there in the Persian Gulf. Having not heard any such Anyone who wants to be a part accused of not "support- "supporting our troops." Yet, The picture of Nero fiddling while inquiry coming from the educa- of this ongoing project can leave ing our troops." Yet, most most of the people protesting are Rome burned may not exactly tors at Hastings, we have decided a note in Janet Frankel' s SIC folder parallel this situation, but we felt to create a forum to express some or under the ASH door in the of the people protesting doing so because they consider the lives of our troops too pre- it would be beyond bad taste to go relevant ideas and perspectives basemenl are doing so because they cious to be spent for oil. The lives revelling.while thousands of other and will continue to call each a *** consider the lives of our of all people are too precious for humanoids hunker down to war. "teach-in". Life during wartime: troops too precious to be such squandering. But those who Maybe as time passes, and we More than two hundred stu- Don't forget to fill out the spent for oil. send our young people to die for all get used to the idea of body dents, faculty and guests were Health Services survey. It can oil boast of "supporting our bags and casualty counts, a beer present at the inaugural teach-in yield better health care and insur- democracy or any other kind of troops." on the beach will be appropriate. on January 23. Of the five panel- ance. It will be a mountain 01 democracy, and Bush has no in- In addition to the waste of As a matter of fact, we're think- ists, there were two plainly pro- work for Beth Calciano & Co . tention of establishing democracy human life, there is the staggering ing of throwing one of these events war voices represented, two were Please don't forget to com- there. Saudi Arabia, the country diversion of our social and eco- in the near future, and would against the war, and one panelist plain to Career Services if an our troops were supposably sent nomic resources to this war. We greatly appreciate hearing from didn't have enough time to make employer denigrates your human- to defend, is not a democracy ei- have great injustices and prob- anyone who has thoughts on the his perspective clear (a professor ity. subject. of Modem Political History of the ther. The Saudi royalty imposes lems at home to face; we should Forget the " wailing wall" in extreme sexual, religious, and not look away for foreign adven- Middle East at Stanford: we may the basement. political oppression through tor- tures and adversaries. We could tureand other authoritarian means. solve our own problems if we Our newest-found friend and ally would muster for peaceful aims in the coalition against Iraq is the same resources and resolve Master of Laws Syria. This is the same Syrian we tum to war. Those who truly Boston University government responsible for the love the United States should fight School of Law lethal attacks on our Marines in on the home front for justice and Lebanon a few years ago! This is to bring our troops home. the same Syrian government that mostexpertscallthemoralequiva- LL.M. Degree in Banking Law Studies lentofSaddarn Hussein's regime. Tiburon Trip But perhaps the alliance should Continuedfrom Page 8 A unique graduate program offering multi' diSCiplinary courses not be surprising since the Re- dock. They serve exquisile of study in American Banking Law Studies and In International agan and Bush administrations Mexican food with an emphasis Banking Law Studies. were supporting and supplying on seafood, imaginative sauces, Saddarn Hussein himself a short and handmade tortillas. Again, Taught by faculty of the Boston University School of Law time ago. the margaritas are great. They eminent banking law attorneys and management experts . these So what accounts for Bush's also have outdoor heaters, which innovative programs provide an exceptional blend of Intellec- sudden attack of moral fervor? Sam's does not. tual and practical education at one of the nation 's best law Our vital interests are at stake, we Across the street from Guay- schools . Covering the full range of advanced banking law are told. Anybody who is able to mas isa new mall which has some subjects, the curriculum also includes courses specially developed to introduce lawyers to the economiC and manage· nice shops, but it starts to feel like rial aspects of the U.S. and International financial services a tacky tourist sojourn rather SUMMER industries. quickly. A long stroll around the LAW STUDY older part of town is much more These comprehensive Ll.M programs offer unparalleled edu- interesting. At the west end of cational opportunities for lawyers who wish to practice in in Main Street is the Tiburon Yacht these dynamic areas of specialization . Club and you can probably sneak Dublin in for a peak at some outrageous Applications are now being accepted for full- or part-time London sailboats. One of my favorite enrollment in September 1991 . places in town is the art gallery Mexico which is right near Guaymas. I have seen a wide variety of work Oxford there over the years, ranging from For a catalogue containing detailed Paris some original Norman Rockwell information and application forms, write: paintings to modem metal work- Russia-Poland ings which are fascinating. Graduate Program in Banking Law Studies Morin Center for Banking Law Studies If you stay past the last ferry to Boston University School of Law San Diego San Francisco which leaves Foreign law Programs 765 Commonwealth Avenue Unlv. of San Diego School of Law around 7:30 p.m., you can take Boston, Massachusetts 02215 Alcala Park, San Diego CA 92110 Golden Gate Transit back to the city. GGT stops right near school. or call: 617/353-3023 :t Just ask someone where to catch An equal opportunity, affirmative action Institution lJ!J) Univcrl'tly cf &In Diqp it or call 332-6600 ahead of time. Enjoy! Pqe13 ...... " tory A Better Guide to Understanding Gulf War CrrIIIvrflP,..r.. 11 InlyI those utiou wbo are IDelllCinsIhlll ....of any OIherin (DOl just the Smdis) peal suffer- 10 power. U.S. actions in the was before. But I fear that what is Mfrieadly" u benevolent. IIId the ..... (willi !be possible ex- ing in fuIure years. He bas india- Middle East have aeated resent- the most likely Iong-aerm conse- .... who 1ft Nunfrieod1y" 1ft cepIionofllrad's). EvenpriorlO criminaldy .aacted civilian aar- ment among many Arab nations. quence of our current policy will pucaa,..s • ..-M or un- his inYIIioa mKuwait, Hussein gets ill Ismcl, officially a ncuIr8l Justas Versailles laid the founda- be instability. Pulling out now demac:nIdc. WboIberapMicular bid provea dill be was DOl afraid party. In Iighaof' all of these facts, tion for the emergence or Hitler, will not improve the likelihood of pemmeDt is democratic, or 10 be die aaressor in.,. (e.g., it should come as no surprise if he U.S. foreign policy has laid the a long-aerm favorable outcome, wbecber II reIpCCtI humin ri...... the 1ran-1nIq W.) and has shown uses chemical, biological, or foundation for the riseofHussein. but a ubstantial and long-aerm iI ineIevInt: 1IIIioDI1UCh. El a ruthless disregard towards nuclear weapons in the future. In Nonetheless, perhap we U.S. presence will make a favor- "'VIdor,Pr.Sendini" Nicara- buman beings (i.e., his UJe of short. Hussein is an unsaable and should not be held responsible for able outcome practically impos- .... SIUdi Arabia and South chemical weapons). dangerous leader: such a leader the sins of our fathers. The cur- sible. Africa (u., "friendly" nations) His actions since the war be- has no place in the modern world. rent Administration has inherited The purpose of my criticism _portmyed in apoenlly poIi- gan onlyc:onfann this aueumenl this mess and must deal with it the of the current U.S. involvement is PulUng out IIOW wUl not dYe Ugbt. wbile Syria. Libya. His IlJegedJy inlel'ltional pump- best it can. Although members of 10 alen us 10 future dangers laaent Cuba, Sandinilla Nicarlpa (i.e., ingof' oil inlOthe Persian Gulf and imPI'fIH 1M liIuUhood 0/ the current AdminislJ'alion have in the hypocrisy and shortsight- '"unfriendly" nadoIII) 1ft por- lhrau 10 desll'Oy hundreds of (J long-term /(Jvombk been pany 10 at least some of the ednes in U.S. foreign policy. It trayed neplivel). 1be informa- Kuwaili oil facililies dernonsuaae outcOIM, but (J subslllllliol events that created the current seems that the U.S. conlinually Iioa we receive c:onccming for- a reckless disregard towards the (JIUI long.term U.S. pns- crisis, much of the blame lies with fails 10 learn from its mistakes, eip policy and 0Ibcr nations is nannI environmenl (Of course, those who came before. jeopardizing its security interests ence willmau (J /(Jror· iDadeqUlle end should DOl be Ie- we onIy"lmow" Ihalhe inaenlion- For Ihal reason, although I and creating conlinuing crises. 1ied000fbrllllkingacriliClievalu- ally spilled oil from Penaagon (Jbk outcome prtlctictJlly oppose the U.S. military presence ••• Ilion. reporIS. Due 10 the sllict miliaary impossibk. in the Gulf, I cannot support the [Edilor'SfWle: Whe"Husseitt I do DOl WlDt 10 ponray the censorship we do not know for concept of bringing the troops firsl ittvaded KllwaU and lip wil U.S. end the Bush Adminisb'a- sure if he inaenlioaally spilled the But before we justify the U.S. home now. If the U.S. cannot several days ago,l wa.s i" geMrai Iioa u in lilY way worse than oil or if the U.S. "accidently" (excuse me, the U.N.) miliaary accomplish its business within a agreemL'" willa 1M mJUIIID' itt Huuein. Saddam Huaein is one CIUSed the spiU on one of its' campaign against Hussein on the year, I wiD probably change my wlaicla BIISIa lIIJIuIled 1M sillllJliolt 01 the molt rutbIea and auel 1OI1ies). Assuming, for the sake grounds that he is evil inc:amaae, tune. I do support a renewed and whe" 1M U.s. firsl allQclr.ed, IeIden !be tweDlieIb century bas of' .-gument. Ihal the spill was we mUSlasit ourselves how it was effort 10 end the hostilities, but if I gave lilUwarm slIpPOrt 101M procIuced. c:ompanble 10 Hider inaenlioaallyordcred by HUllein, possible for Hussein 10 come 10 the situation has degenerated 10 a idea of"ulilary aclio" a.s a MCU- and SIIIin. HusIcin is a dnIllO it undercuts his daim that be is power in the farst place. HisIori- point where Ihal is impossible, sary evil. Accordittgly, I IuJd 1be ...... lCICUIilymfMll'/OIbeI' fisbting apiDIl the infadels on ans point 10 the harsh conditions the U.S. mUSldo the best it can 10 pl_d IIttu litis collllM wollld MIddle BIll DIIioa: 1rIq_1be bebIIf of all ArabI. because the of'the Versailles Treaty as creat- achieve victory, in the slim hope be sorl of -pro_war" aNI al- foanb ....miUtaryialbeworld, apiIlhMlialemilillrylipificance ing the economic climate Ihal that a post-Hussein Middle East lempled 10 presefll a logical arl"- made itpossible for Hitler 10 come wiU be a more stable place than it aip1ftcMdy Iarpr aDd more IDd will CIllIe his fellow Arabs Co""'" 011 1'. 17

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ｾ｟］］＠ ...］］Ｚ｟ｾ｟］｟］｟］｟］｟Ｚ｟］＠ ｾ＠ ｾ｟ＮＮＮＮＮＬＮＮ＠ c:o....r"" ..I II , ....._-...... -.._ ...... c--...... ,.._ ...... ____ .... Page 14 Hastings Law News February 5, 1991 Students Train Anti War Protest to Help C.O.'s Continued F t'om Page 1 at last semester's training session. helped to organize the Hastings By Betsy Johnsen That session also featured attor- contingent which marched along- NEWS EDITOR ney Charles Johnson, one of a side at least 100,000 others down handful of local specialists in Several Hastings students Market Street during the January mili tary law, who spoke about the 26 march. According to Huet, the opposed to the war are offering Uniform Code of Military Jus- counseling to those interested in contingent marched together as tice. "Service people do not have conscientious objector ("CO") law students under a Hastings the same rights and protections status. Through on campus train- banner to show the diversity of , that civilians have," he noted. ing programs, they are learning the peace movement. ''The move- Because of the huge local how to present legal and other ment is not a monolithic mob of demand for its services in the past information to current military raging anarchists," said Huet. few months, CCCO has been personnel and to people who might "There are people from all walks working with other legal groups, be subject to a draft. oflife, some of which are consid- including the National Lawyers Three training sessions this ered respectable - even though Guild and the local bar associa- month will increase by at least those who hold an anti-war opin- tions. Besides offering counsel- thirty the number of students with ion have been portrayed as not so ing, CCCO provides referrals to these counseling skills. The ses- respectable." In addition to lawyers to handle military cases sions will be videotaped for those demonstrating, about 30 Hastings and to bring litigation challeng- students have also served as legal unable to attend in person. PHerro BY D!!REX BUCHER ing Department of Defense poli- There are numerous potential observers at the rallies. (See Police remove protestor from Jan. 15th demonstration at the cies, such as limitations on CO clients for these students. Accord- Federal Building. Hastings' students were among those arrested. applications and the recent sus- ing to David Freedman from the "We felt it was impor- pension of normal discharges for Central Committee for Conscien- tant to show the pres- students staffed an information collected at the table before the reserve personnel. tiousObjectors (CCCO), their San distribution, letter-writing, and January 15 deadline. Heidi Rand, a third year stu- ence at Hastings of Francisco office is now recei ving petition table. "We felt it was Currently, the committee is dent who is the on campus coordi- people who are opposed over 600 calls a day. CCCO is a important to show the presence at preparing anti-war events at nator of these training sessions, to the way in which this private, non-profit agency active Hastings of people who are op- Hastings as part of a nationwide has been offering counseling since since 1948 in providing draft and war was initiated." posed to the way in which this war day of student protest in the beginning of the year. 'Tve pre-enlistment counselling. was initiated," said Caryn Got- Februaury. Meanwhile, other talked to about thirty people, Freedman and his office will tlieb, Hastings first year. Gottlieb Hastings students are using their mostly by phone, since I started accompanying article, on this offer ongoing support to the stu- added that over 70 letters and post legal skills to provide counseling this," she said. "Not all of the page) dents involved in CO counseling. cards to Congress and the Presi- for those considering conscien- questions are about CO status. Students interested in work- He was first introduced to dent and over 300 signatures on a tious objector status. (See article Lots of people are having prob- ing for peace have also formed an Hastings students when he spoke anti-war committee. About 20 petition opposing the war were on this page. ) Continued on Page 17 Legal Observers Try to Keep the Marches Peaceful

tion by providing "legal observ- civil rights and AIDS activism. By Heidi Rand that the green armband means disperse is unlikely to stand up in ers" at recent peace marches. To prepare for the peace demon- we're there, and they notice," she STAFF WRITER court. The Demonstration Commit- strations that were being planned, said. "Atone demonstration when According to Riva Enteen, a Demonstrations for peace tee of the NLG has about 40 NLG recruited and trained sev- my coat covered my armband, a Hastings graduate and the current occasionally lead to violence. Hastings students presently eral Hastings students to be legal woman officer came up to me and Demonstrations Coordinator at observers. said she remembered that I had NLG, a number of cases of police Ruby Lieberman, a Hastings been there the previous day as an misconduct were reported to her third year, sought training last year observer." by legal observers. For example, because she was interested in the "Another time that I was di- there was a report of a woman demonstrations about EI Salva- rectly useful was during the who was thrown to the ground dor. Since then she has been a demonstration in front of the stock while standing on a sidewalk at legal observer at several demon- exchange the day after the bomb- the Jan. 15 demonstration. Ac- strations. She feels it's important ing started," Lieberman contin- cording to the report, she was to observe. "I was only a few feet ued. "The police said something actually pro-war and was just away from the police at the comer no one could understand into a watching. Several people heard of Van Ness and Turk when they megaphone, then cordoned ev- her head crack when it hit the sprayed Mace in the face of pro- eryone off to be arrested. Since ground. She had been pregnant testers and used batons and ex- many were on the sidewalk and and subsequently miscarried, and cessive force just after they gave hadn't even expected to be ar- there is an investigation to deter- an order to disperse," she said. rested, I was able to tell them mine whether there is a connec- The proper procedure to disperse what to expect." tion. a crowd is to arrest people, not to Individual reports are used to In another example, a man use Mace or physical force, ac- hold the police accountable. from the "Food Not Bombs" group cording to the police crowd con- Moreover, by keeping a complete reportedly had his leg broken with trol manual. "I sent a report with record of what is observed, the a baton by a member of the Cali- PHOTO BY D!!REK BERCHER the officer's name to the Guild," notes can be used as evidence fornia Highway Patrol. The offi- Hastings protestors among those who used body bags to demonstrate said Lieberman. against the arrest in court. For cer has been taken off the street anti-war sentiment. "Personally, I think we have example, if a person can show pending an investigation. Since this violence may occur in trained to be legal observers. They even more of a preventative value that the police did not give a Another man who had climbed the form of police-initiated bru- have worked for groups focussing than strictly as observers - you warning to disperse, or that the a tree to watch the demonstration tality, the National Lawyers Guild on abortion clinic defense, U.S. can't have a pair of eyes every- warning was not audible to the out of harm's way was also ar- (NLG) has continued along tradi- involvement in Central America, where. Police have come to know crowd, an arrest for failure to rested-- for blocking the sidewalk. February 5, 1991 Hastings Law News Pagel5 Letters Cofllitlludfro- ｐｉｊｦｾ＠ J (J Legal-Ease Protesting the Protests Plans for an by R. Janis McIntyre Dear Editor: Move over Rambo 'cause Eventful Black coming soon 10 a theater you it's ... MILITANT PRO- TESTORS FROM HELL!! Feel the warmth as they read History Month their Constitutions by the glow of a buming flag ... Chuckle with glee as they maul Wednesday, February 6 riot police in the name of Soul Food Luncheon peace •.. Time: 10 a.m.-2 p.m. - Old Commons Weep with pride as they Menu: Fried Chicken, Greens, Black Eyed Pea, demand the lTOOpS be brought home, so they can spit on them. Peach Cobbler Dinner: $4 (side orders extra) Feel their indignation as they lament over health care funds Wednesday, February 20 being wasted on sandblasters Cultural Night brought in 10 erase their nifty anti-war slogans ... Time: 6-9 p.m. - Alumni Reception Center Jump 10 your feet in suppon as Program: Music, Poetry, Drama they scream for more war -Free Admission- infonnation on CNN, because they (and Saddarn Hussein) Friday, February 22 have a rightLO know ... Bring the whole family! Film: Dealh by Temptan'on Expectant Heir (Poig/Ulllt narration by Jane Starring Kadim Harrison of A Differenl World Fonda) Time: 7 -11 p.m. - McAllister Tower Mezzanine Don Bariceval -Free Admission-

-Check the Hastings Weekly for further Last of the Eye, We Swear, announcement .

Dear Reader (for this issue) Sponsors: The Black Law Students As ociation CIIIIliII __fro_ ｐｉｊｦｾ＠ 8 have been better granted to stu- the Eye's objeclIve viewpoint- The Associated Students of Hasting. inlegraled With scarcely a whim- dents who would have used It. hardly compelling pronounce- per over the break, leaving, hy the The Eye ｓｑｵｩｮｬｾ＠ disapprovingly, mcot on the law. Thi young re-commencementof in truction, it can say nothmg more about It, woman ha already been the barely an empty hu for the winds except thl : the would-he com- ubjcct of unOauenng tales con- of an approaching deadline 10 blow petitors should feel preuy dam cerning her close contacts with Race for Truth, Justice away.ltscem thi teamwastop- guihy. faculty members in po IlIon to heavy with tudents on the home _.. the Eye sees now that it i reward her perfonnance. The stretch of law hool, third years fast approaching the limits of space Eye, hardened cynic thatiti ,has and the American Way in their last seme leT, who, like whi h the Law New graCIOusly seen it all before. It WI he. , greyhounds grown tired of chas- allots to it, and there's at least one never1heles , to aVOId ugly, ob- members of the faculty and ad- ing the mechanical rahhit and more thing the Eye strongly de- jectionable ellpres ions too in- By Law News StafT mmi tralion were on hand at the spotting the finish line in the dis- ire to say. Recently, the Eye was OammBlory even for it, and so race. Professors and Mmes. Thur- tance, simply broke stnde and left making one ofits rareappearances limits Itself to this: beware, dear The second annual Race for man, Woody, and Lathrope con- the race. While their motives are in class when It noticed that a readers, of putting yourself in Ju lIce, a 5K (that's a measly 3.1 ducted the pre-registration and easy to sympathize with (after all, cena.m c1as member, a verY suc- any po ilion where your perform- mil ) fun run, has been set for rved post-run refreshments. In none can deny that the upcoming ces ful female student, was re- ance, in whatever area. might di! - Sunday, March 3. The race IS addlUon, Dean Read's fine ath- weeks of spring are like! to be the sponding to the lecture in a way appoint the one who judges and sponsored by Phi Delta Phi and letic performance m the race Imt these folks will be able to the Eye found to be ellcessively rewards. the Hasting Alumni Volunteer should inspire more faculty and spend at the Beach), the fact re- positive: laughing a bit 100 hard at Thus spake the JaundJced Eye. AssocialJon, which will use the taff LO join the joggers this year. mains that the opportunity to the profes3Or's lame jests, gazmg Till nellt time, Eye'll be watch- proceed to benefit homeless compefleand eel which this team inlently as the professor let forth ing you. children in the Tenderloin. Last Registration has just begWl and 9Cized -.00 squandered-could another well-practiced and· -from yeM' procoed.s of about S3500 will continue unlIl the race. Fif- established the Tenderlom Home- teen dollaJS ( 20 on Race Day) Poetry Corner less Children' Clinic, ides will get a runner a T-shut and linle powo in my microwave tumbling down the conveyor belt! lost in an being, in PDP President Chris breakfasL RegIStration forms wiU you sizzle and hi IS you are bomt.dcd with avalanche of spud sibling Holland's opmion, .. the biggest be placed in all SIC folders and radiaIion pocatoes bound for every part of the world, event on campus last year." should be returned LO Phi Delta by what miracle does a tuber growing in a field but you, Iiule potato, you were always Phi. Those who don't have the in the Northwest come to be in my bowl in San destined 10 be in the produce section at lbe race, of course, doesn't urge to run (on this or any mom- Francisco? Safeway. actually take place on campus (it 109) can !.iU support the Tender- .1in1e powo, I !ICC you growing in the Idaho !Oil now, as the minerals you ab90rbed from the would be very short or very re- loin Homeles Children's Clinic with. million other spuds Northwest sod course lhrough my veins .• _I petitive). Runnecs instead will by buymg a T-shirt in the book- sudcnly you're wrenched from the only world thank God for you, liuJe powo. take off from the Pioneer Log store for S I O. For more informa- you knew as sunlight explodes upon you for the Cabin in Golden Gate Plrt at tion, contact PDP's Shaun first time 9:00a.m. Breakfast .....iU besen'ed Murphy at 283-8612. after the race. Last year, many Page 16 Hastings Law News February 5, 1991 Hastings, City at Odds Over Development: West Block May Be Stumbling Block for Debt-Laden College

Continued From Page 1 years. explained that the College would existing zoning ordinance that News. West Block. The WTA seeks to According to Hastings offi- be unable to recoup its invest- designates the West Block as Last week, Levine insisted that prevent Hastings "from 'going cials, there is still no specific plan ment in the parking lot before the mixed use residential. no one has suggested any uses wild,' displacing [residents] and as to the precise use of the prop- eventual development plan could Under the city's general plan, that are inconsistent with city changing the character of the erty. Hastings' stated goal is to begin. the West Block property is part of zoning laws. "In fact, several neighborhood," WTA President design a plan for the West Block the North of Market Special Use developers are on the list [to re- Steven Harris told the Law News. properties which will best suit the Past Attempts to Develop District, whose purpose, accord- ceive a RFPJ that specialize in long-term (50-100 years) needs West Block ing to Planning Commission Vice- residential and affordable hous- Hastings' New Development of the College. One idea dis- The West Block has been the Chair Jim Morales, "is to promote ing," Levine said. At a Board Procedure cussed has been a "Legal Affairs subject of potential development housing." Presently, Hastings is meeting last fall Board Chairman However, the Law News has Center," which could include plans by the College for over a complying with the zoning James Mahoney assured tenants learned that the College has al- space for clinical programs, a decade. In the mid-1980s the scheme, operating the buildings that "no precipitous action isgoing ready begun a two-step process to judicial college, continuing edu- College developed detailed plans on the property as residential to be taken with respect to the for the construction of an office apartments and hotels, some units development ofthe property with- building on the Westblock. The of which are occupied by Hastings outafullhearingbeforetheBoard project, which would have in- students. and without ample notice to all." cluded a IO-story office building As for the vacant parcels on Yet Hastings appears to be of approximately 300,000 square the block's north side, "[w]e dissatisfied with the mixed use feet, had financing, a prospective would love [for Hastings] to build residential zoning scheme. state tenant, and city approval on the lot, but nothing that goes Hastings is poised to free itself almost locked up, sources have against the character of the neigh- from the restrictive zoning ordi- told the Law News. These plans borhood," Harris told the Law Continued on Page 18 apparently fell apart in the wake of state investigations into impro- prieties by the College. In October 1986, the state Auditor General reported that the College had inappropriately used restricted student scholarship trust funds to pay for purchase of the property. An investigation by the Attorney General's office resulted in a court order in which the Col- lege pledged repayment of $2.8 million in principal and interest to the scholarship funds in April 1988. To secure cash with which to repay the funds, the Board en tered in to a complicated financ- looKING FOR A GREAT All-A.\iERICAN BREAKFAST SPOT? WE'RE JUST A FIVE \ID;lJ1E ｆｒｏｾ＠ ｃｏｾｐｕｍｆｾＢＧｔａｒｙ＠ ing scheme, involving the West WALK CMC CENTER. PREsENT TInS COUPON FOR A CLl' OF COFFEE, TEA, OR ESPRESSO DRlNJ( w/MEAL PURCHASE. Block, the College-owned KGO OFFER GOOD TUES.-FRI. 7 :30-11:30A.>,f ONLY! building on Golden Gate Avenue, OFFER GOOD TIlRU FEBRUARY and McAllister Tower. Last PHOTO BY JOlIN ANDREWS November, the College an- One potential use for the West Block is for court or offICe nounced that it had fully reim- space, similar to that provided by the Federal Building bursed former Hastings students across the street. whose fmancial aid may have been The Hastings Book Store affected by the deficiency of achieve a long range development cation, and student housing, which scholarship funds and that the Casebooks - Hornbooks - Commercial Study Aids - plan. In the first stage, which would replace or complement raided trust funds had been fully Pens - Paper - Pencils - T-Shirts -Mugs spanned the past eight months, McAllister Tower. replenished. the College conducted an in-house Levine maintained that all con- The properties, which were analysis to address the feasibility ceivable uses will be considered, substantially encumbered in the of various developments on the although the in-house feasibility spring of 1988 to repay the schol- property. study concluded that the best op- arship funds, were refinanced to TheRFP solicitation marks the portunities for development lay give to give the College five years beginning of the second stage, with several different mixed-use in which to develop a plan for during which the College will scenarios. The College continues repaying its debts. decide how to develop the prop- to consider the option of selling Don't wait until it's erty. Hastings will review the the property, and the possibility Controversy Over West Block various developers' qualifications of building a new county court- Zoning Scheme o too late! Go to the and initial concepts, narrowing house on the property remains Because Hastings has not yet Hastings Book the field to a list of five to six alive, despite suffering a major made its final decision regarding Store now for all developers who will be asked to financing setback with the defeat a specific development project, it your study needs. further refine their development of last November's courthouse is not yet known if the other build- plans. Finally,onedeveloperwill bond initiative. ings standing on the West Block be chosen to commence ground On the advice of Hastings staff, will also be tom down. This breaking on the West Block. the Board of Directors last Sep- uncertainty provides little solace Hours: 8:00-3:00 for city officials, Tenderloin Levine expects this selection tember scrapped plans to tempo- Monday - Friday process to be completed by the rarily expand the existing parking community members and West end of this year and actual con- on the comer of Larkin and Golden Block tenants, who insist that struction to begin within 2 to 3 Gate to cover the open pit. Levine Hastings must comply with the FebrUlJry5,1991 Hastings Law News PaRe 17 Blazers, Suns On Fire in the NBA West Students Trained to ColllilllUd Fro," ｐ｡ｧｾ＠ 7 1berejuSl1Sn 'tenough talent here Utah Jazz his jumper, A.C. Green and Sam Help Objectors to get past the fust round of the Perkins are playing weLItogether, playoffs. For years all we heard Not enough depth. Karl and James Wonhy is still James COlllitllUdfrom Page 14 was how Houston needed only a Malone, John Stockton, ThUTI Wonhy. However, "Showtime", lems getting military discharges 1aI1ed ･ｾｰｬ｡ｮ｡ｴｩｯｮ＠ of hi or her good point guard to be dominant; Bailey, and Jeff Malone are the meaning the lethal Laker break, is despite the fact that they are in belief and show how their be- now they need a lot more than only legitimate proven pros on dead. DunJeavyhasquietlytumed Units that they were told would lief' have changed since enli t· that. Odd on winning the Con· this team, and four players alone the Lakers into one of the tough· never be activated, and the e menL They must also gather let· ference: 200·1. cannot win an NBA champion. est defensive teams in the league. people face extreme hardships." ters of uppon attcsong to their ship. The Jazz win a lot of games Theonly negativeefTect this trans· Rand felt she was getong a lot sincenty. Finally, they mu·t Seattle Supersonics each season because the hectic formation has had is that the out of dorng the work, beyond undergo interview' with three NBA schedule affords little op· Lakers no longer get many transi· fulfilling her desire to help the people: a psychiatnst, a Chaplain, Since the trade that sent Xavier ponunity for their opponents to Lion baskets, putting much more peace movemenL "One really and an Investigaung Officer. The McDaniel to Phocnix for Eddie prepare for them. Utah's offense pre ure on their half-coun of· direct way to stop the war IS for last i usually eXlIemely hosLile Johnson and some draft pICks, the i extremely predictable, even fense. L.A. is good enough to win people not to fight," she said, and tries to confuse the applicant Sonics have played quite well. I wi th the addi tion of Jeff Malone. another championship, and you adding that, "I'm learning and and to get the applicant to contra· cringed when I fir t heard about TheJ all. hke the half-coun game, had best think twice before bet· using coun eling techniques with dict him or herself." the deal, being a big fan of the X- and even run mo t of their sets ting against Magic Johnson. people who have immediate Rand explained that that the Man, but II 100 as though Se· from the same (left) Side of the Odds: 5·1. needs. I'm also learning these government i' making It very aul knew exactly what it w floor. During the playoffs, other really complex laws, and seeing difficult for applicants to file for doing. With more minutes and teams discover Utah's tendencies Phoenix Suns their impact, which is pretty nega· CO status. "Some are told they more hots to go around, both and arc able to make adjustments tive, on the clients. I help these can't file here, but must wait until • hawn Kemp, at power forward, to take cenain things away. The Is there a more fun team to people deal with the administra- they are in theGulf,Flling for CO and DerriCk Mckey,at mall for· Jan, panly because of their laele watch in the NBA than the Phoe· tion that's uSing these laws against docs not prevent the applicant ward, are profiting from of depth, can't make similar ad· OIX Suns? Kevin Johnson takes them." from being shlppcdout. One man McDaniel' ab n e. TheSoni JU, tments, as nobody besides the your breath away. Tom Cham· Rand said that people who are watched as his commander placed till have plenty of firepower, with fOUI players mentioned i 'capable bers looks so smooth he can't be trained fust counsel CO appli· his CO application in a wooden Dale Elli returning from an in· of changing the course of a game. 6·10. Xavier McDaniel scores cants under supervised condi tions, box, pounded nail Into It and jury and Eddl Johnson commg Utah could give the Lakers or the like Charles Barkely and fights and then take calls on their own. addres. ed It to Saudi Arabia. off the bench firing. Center IS a Spur trouble, but they have real like Marvin Hagler. Every time I "At fUSl,counseling a CO is fright- Although themlhtary IS supposed weak.n . Right now th Sonic trouble with the more athletic look in the box score Mark We t enrng because you feel like you to assign the applicant to duties are playing Mi hacl Cage and teams in the Conference, i.e. Port· shoots eight for nine. Jeff Hor· have life and death power over which least conflict With his or Old n Polynice there, neither of land, Phocnix, and even Golden nacek looks like the guy you play the applicant," she said. But her belief, there are few non· whom is apt to remind anyone of S tate. Odds: 20·1. pick·up ball with on Tuesday according to Ann Wrixon,another combat duties in a combat LOne. Bill Russell. Scatll I.ould be night, and Dan Majerle does just CCCOstaffmemberwhohashecn Also, being far away from coun· very scary a few year down the an Antonio Spurs about everything. With backup training Hastingsstudents, "If you selors,lawyers, upportJve ｦｮ･ｮ､Ｎｾ＠ road, for the Lal nt h re I young point guard Negele Knight play· don 'thelp that person, no one will and family, and personal records and gifted. Ultimately, Scaule's Who's sailing thi ship, any· ing well, the Suns don't really . we (CCCO) ju t don't have the makes the applicauon process future i In Gary Payton's hands; way? Ever ince he threw that havea weakness. This i a young resources to handle all the cases very difficult. For this reason, he mustleam to run an NBA team ludicrous. over·t.he·head pass that team, however, and must execute without you." many people are going AWOL in on the floor, cut down on hi, tum· co t the Spurs a chance to win better down the tretch in close "Counseling is a very emo- order to have the ume to finl h overs, and nO! be SO hy with hi, Game 7 a year ago against Pon· play-off games to get by the Trail· tional and fulfilling experience," their CO claims." offen ive kill. Odd : 100-1. land, I can't help doubting Rod blazers. Odds: 4-1. said Rand. She is panicularly Members of the Hasting. Stockland's ability to lead thi impre,.ed with the courage of the community who want to counsel Golden State Warrior team mto the NBA Finals. This is Portland Trailblazers people she counsels. S3Jd Rand, CO's can contact Heidi Rand unfonunate, because San Anto· "The CO proce S Isn't sLmple. through her SIC folder. nio seem, to have everything el What a collection of talcnt. The objector mu t write a de- covered. Paul Pressey, Terry You want strong and versaule Cummings, and DaVid Green· guards? Portland has Terry Por· wood give the Spur mtelllgence tC! and Clyde Dreltlcr, each an and experience, while Willie All-Star, You want rebounding Periscope Anderson, Scan E1h t, and Sean and lOUghnes. ? Portland has Buck III gm add me talentC'd young William" KeVin Duck"onh, ColllilllUd from Pagt JJ IC' . To in your avera e, run· Wayne Cooper, and MarX BryanL mentthat would he sup{'Qrme of of·the·mlll domlnaung center You want high·flYlng acroba u.s. poliCY ＱｉＰｾ･ｶ･ｲＮ＠ after (Da\'ld Robinson), mi.x wC'II, "ho leap through the roof? Pon· nWl1NOl and txunded dLfcus, ImmC'r, and vio1al.. •• BA land h Drexler, Jerome Kerse} sioflS" I/hfrlends and fdlow stu· champ. The Spurs are a legiu. and Chff Robmson . You want dents,my IUUwarm support wl/h- matc contender, 1 ju t wi h oring and ｾｰ｣ｲｩ｣ｮ｣･＠ off the ered, trickland' game was mor hke, bench? Portland ｨｾＧ＠ Danny Ainge I ｡ｰｯｬｏｾｬｺ･ｦｯｲ＠ 1M absence of say.Maun eCheck, '. Odd:: .1. andWalterDa"1 . TheTT8Ilblaz· a n pro·war" {Xr.l{Xctn'e in this ers go eleven men deep. play isSlU. .\Ir. Ifuet expressed hIS Los Angrles Lakers defense Ille demon and run the interest in "ritin an "antl·war" floor like greyhound. The} piece. and si"ce I hadplanned to Thi i a solid basketba1lteam. tarted the season something like wrilea "pro· war" piece,! thougJu When the Lakers were 2-5 early 23·\ and haven't I ed back there would be an edllorial bal- ..-...... ｾ＠ ... in the season all thee:o;pens wrote -Ince. Barring major injuries, the ance. As I have confessed. my them off: they laughed at new Blazers are the clear fa\orit.eS to opinIOn chaIIged taO late to so· coach Mike Dunleavy and gave wm the Conference, and proba· licit a ＢｰｲｯＭｷ｡ｲｾ＠ piece I realiu "Showtime" up for dead. Well, bly the entire league. Reaching that there are two sides to this who's laughing now? The Lakers the Finals last year gave the BIaz· issue and regrer the apparent have ju t won their ftfteenth ers m uch·needed experience, and eduoriaJ bias. If anyone wishes straight and ftnd themselves just a boosted their confidence level to rectify this condition, 1 encour· American few games behind Portland in the greaLly. Odds: 2·1. age submission ofan opinion ｰｾ｣･＠ world's tougbest division, the in support of the acrion.} + Red Cross u.S. Pacific. Bryon Scott's sticking Page 18 Hastings Law News FebrWJry5,I99I Much Ado About West Block: Developing Dissent Continued From Page 16 the Tenderloin Housing Clinic and tors last fall, Hastings expects to on the block itself. Tenants claim fell outside the scope of campus nances by employing the condi- counsel for the West Block ten- lose over $400,000 on the West the school has been negligent In security'sjurisdiction. Shemain- tional use clause in the current ants. His position is that the ex- Block properties this fiscal year its management of the property. tains that Hastings responds to zoning provision. This loophole emption does not apply to any alone. Over $524,000 will be Last September, the San Fran- problems when notified by its would pennitHastings to develop uses of West Block which are not paid just in interest, representing cisco Independent reported that property management service. On the property however it wishes, for educational purposes. "When over half of Hastings' expendi- the West Block tenants were given one occasion, Hastings "posted a provided that the project was [Hastings] acts as a private land- tures on the property. Updated no warning before the College [private] guard in a building [on "primarily for education pur- lord, it is required to abide by financial projections for West commenced the reroofing project McAllister] where there was sus- poses." The problem here, ex- local law," he said. Block will be presented to the on the 200 Building last summer. pected drug activity," and the plained Levine, is detennining Collier also remains skeptical Board Finance Committee in a Harris stated that a young woman alleged perpetrator was eventu- whether mixed used development, that an unrestrained Hastings meeting next week. These star- collapsed from the fumes and was ally evicted from the premises by detennined to be the most fea- would spare from destruction the tling figures demonstrate forced to move out of her building the College. sible alternative by the College in homes of the tenants he repre- Hastings' urgent need to resolve on her doctor's order. But regardless of Hastings' its recently completed in-house sents. According to Collier, quickly the development issues More recently, tenants have changed security policy, the ten- analysis, would be a valid use Hastings has already violated city surrounding the West Block prop- charged that Hastings discontin- ants view the College's failure to under the conditional use clause. law by failing to provide one-for- erties. ued security patrols through the at least infonn them as another one replacement housing for the West Block buildings. Accord- example of the College' s contin- Hastings expects to lose residential units torn down by the An Insensitive Landlord ing to WT A president Harris, "the ued disregard for their legal rights. College last year. Potentially lost in theCollege's tenants saw the patrol as part of Says Harris, "We have been wait- over $400,000 on the The litigation has dragged haste to recoup its already sub- the services that they were prom- ing for a written explanation [from West Block properties slowly, as Hastings scheduled, stantiallosses on the property are ised" as residents of property. the College], but there was none. this fiscal year alone. then cancelled, a motion for the concerns of tenants residing Gee explained that the patrol t think we're at least entitled to summary judgment last Decem- Over $524,000 will be that" ber. According to Hastings coun- By John Nemoy paid just in interest, sel Juliet Gee, Hastings is still First Edition representing over half undecided whether 10 reme the of Hastings' expendi- motion. And currently, Judge Wilbur Johnson has taken under Pleqse dotl tures on the property. submission the issue whether draft GoJ} l proposals created by Hastings Le.i him Call Pending Litigation Compli- administrative staffers and ru- on me cates West Block Resolution mored to outline the "best use" of o However, Hastings has gone the West Block property, are dis- much further by seeking judicial coverable by the Tenants Asso- detennination as to whether the ciation. According to Gee, the College is a state entity and thus Board of Directors has an exclu- exempt entirely from city zoning sive privilege covering documents laws and regulations. This argu- used during closed session meet- ment defeated the proposed in- ings. The court, says Gee, must ABadDay A Really Bad Day junction sought by the city in San decide whether this privilege can be circumvented by requesting Francisco Superior Court in De- cember 1989 to prevent the Col- discovery of the documents be- lege from demolishing the four fore they reach the Board. WT A's Sign of the Times? earthquake-damaged structures counsel Collier count- on West Block's north side where ers that "[i]t is essen- the pit is now located. tial for the court and However, Hastings also cross- the parties to know I hope she never finds out complained against the city, ask- what development He's such a special guy. ing the court to declare once and Hastings is contem- the whole class has done it. for all whether the College is in plating before issuing he registered with fact exempt from city zoning a sweeping order re- ordinances. The WT A intervened garding exemption Seledive Service! on the side of the city in July from local ordi- o 1990. nance." o Hastings relies on Article 9, Gee anticipates a o section 9 of the California decision in the law- o Constitution which proclaims that suit "by the end of the the University of California year." She acknowl- edges, however, that Regents hold in public trust both title and control over property the further procedural UC has acquired. According to sidelights and the pos- Hastings' supporting legal sibility of an appeal would extend the documents, case law interprets this timeline and thus af- language to exempt the UC from fectany development local regulations with regard to schedule that land use and management. The Hastings may fonnu- College's argument follows that as a state agency affiliated with late. And time directly the UC,Hastingsisaisonotsubject relates to money in to local regulations with regard to the case of the West the West Block's use or Block. According to If you're a guy about to turn 18, you must register with Seledive Service at the post ｯｭ｣ｾＮ＠ management. figures presented to There's really notliing special about it. All you do is fill out a simple card. It only taICes five mInutes. The idea of exempting the Board of Direc- So don't be the only one who hasn't done it. Register with Selective Service. It's quick. It', Hastings from city zoning is an easy. And it's the law. ominous one for Steven Collier of February 5, J99J lIastings Law News Page 19 Visiting Prof Opens Up Chinese Legal System

are fundamental difference be- couples. said he has been impressed with <;or Gao plan to build on the By James T. Schmid tween them which make it diffi- Professor Gao also SltC . se that the beauty of both Portland and connection he has made during COPY EDITOR cult for students to understand. theChinesesyslem mustbeevalu- San FranCISCO and with the frank- his viSIL He ha. already diS- Hastings tudents mterested in "In the Unit.ed States there is ated in light of the different prob- ness, kindnes. and generosity of cussed the poslblhty of faculty such unfamiliar legal concepts as emphasis on the rights of privacy," lem faced by Chinese society. the people he has mel. eltchange ' With the Hastings ad - criminal trials where the accused hesrud. "We lay emphasis on the "Some measures we adopt in OnhisrewrntoChina,Profe - ministration . must take the tand, or divorce intere ts of the state as well as the China are taken in light of the mediation by Resident Commll- intere ts of individuals, and the situation in China," hesaid,citing tees, are taking advantage of a interests of the fonner are more ｾ｡＠ in particular the use of abortion to Qtumbtt imponanl." unique opportunity to tep out- combat China's overpopUlation Professor Gao has been frank side the American legal system problem. He said China's huge ＭｭＺ｡ｱｵｾｲｩ｡＠ about many of the disadvantages this semester. and growing population will cause of the Chinese system, admitting Award ｷｩｮｮｪｮｾ＠ ｴ｡｣ｯｾ＠ and burritos serious problems in the future that "comparatively speaking, we Voted the best in the Bay Area unless steps are taken to control it enjoy Ie s freedom than you do in "Treat yourself to the best!" right now. "In the United States the United States." But he feels 2 Blocks up from the 16th N "What will we do fifty or 100 there is emphasis on that each system has its good and Mission Bart Station. then kit to years later?" he said . "We have bad points, and that there arc 515 ValenCia St. the rights of privacy. no alternative." benefits to the Chinese system We lay emphasis on the Hastings IS the second Ameri- that many Americans do not sec. 515 ValenCia St. can law sehool that Professor Gao interests of the state as For eltample, Profe sor Gao San FranCiSCO. CA 9·l\ 10 ｨ｡ｾ＠ taught at during his current (415) 863-8205 weU as the interests of ｰｯｩｮｬｾ＠ out that the penal system in Slay, having also visited the Uni- individuals, and the China emphasizes education and Mon.-Sat. 11-10. Sun. 12-9 versity of Maine in Portland. He interests of the former job training, which is often mini- an more important. " mal or noneltistent in American pnsons. He al 0 decrie the American penchant for private ownership offircarms, forbidden Profe or Gao Wen-Bin, a in China, noting that there is a visiung profcssor from thcShang- much greater crime problem In hai Maril1me University, is giv- the United States. ing those students an in Ider' NO FLUFF. "In Shanghai, a woman can look at the Chine legal ystem . walk out in the street at midmght. Inthe ourseofhl I wr ,Pro- and nOl worry about being robbed fessor Gao 01 lakes lime to or raped," he said. omment on Chme and Ameri- JUST FITNESS Thcdlffcren einChin scand can culture and society, covering AmcnC8n philo phies "'as also uhj ts 0 vaned ｾ＠ abortion In highlighted by a recent discus- China and gun ownership in the ion of the role of Re Ident United tates. At Golden Gate Fitness Center we think that many health club!> ommlll ,whlCharc local arm ｐｲｯｾ＠ sorGao,whogradusted of thcgovcmmcntl aled in every have lost SIght of your primary goal...fitness! We have opened our from Soo Chow Umverslly Law n ighborhood. Several students is Schoolin hassccn many of fitness center because the time is right to re-focus, This a '1Jack- 1945, were conccmc.-d about the com- the mo t ignificant events in mlttw' potential for limiting to-basics" facility. What we don't offer is exaggerated membership recent Chinese hi tory firsthand . individual rights and freedoms, deals or a one system cure-all. What we do offer is a super clean, Hi flfStjoboutoflaw hool was especially after hearing that they serving as retary to the Chi- weUlighted space, full of brand new state-of-the-art fimes!> equip- are re pon ible for assi ting po- nese prosecutor at the Interna- lice in inve ligating crime and ment. Our experienced trainers will assist you by designing a tional Military Tribunal inv u- providing infonnation about 10- gaung Japanese war crimes. He realistic fitness program that fits your lifestyle ... not ours. dividual rc ｩ､･ｮｌｾＮ＠ But ProC sor taught 8t several law h I in Gao mamtain that the commit- his nauve Shanghai dunng the PImse phone or stop by fur more infumzation. We fcntllre: tees arc appreciated by the Chi- early development of the hmese ne. people, because they also • MAXICAM • UFE CYCLES Communist y tern. proVide a vanet)' of commumty • NAUTILUS • MASSAGE Professor Gao hal studiedboth servlCC , uch as vi iting elderly the Chine and American legal shut-in and counseling marric.-d • CYBEX • PERSONAl TRAINING ystem ,and recognll.e that there • OLYMPIC FREE WEIGHTS • AEROBICS • STAIRMASTERS • SKI CONDITIONING Toy Drive a Success Hours: The annual holiday toy drive ｆｲ｡ｮ｣ｾ＠ 0 Fire Fighters To), Pr0- sponsored by the A iation of gram, thanked ｈｾ＠ ting tudcnts GOtDEN Students for Kid (ASK) was a for their participation in the toy Monday-Friday 5:30 o.m.-8 p.m. big ucce s, reponed drive coor- drive. '''The help ( tudents] have GAyr Saturday 8 o.m.-6 p.m. dinator Kandace Sheya. The toy given our program will go a long way in helping to ure that ev- ＯＮｾ＠ drive, conducted over three day :;-- Golden Gate Fibzess Center last November, raised more than ery child smile on Chri Lmas $1200 worth of lOy for the San morning," he said. Member's of 358 Golden Gate Arowc Famcisco Firefighters Toy Pr0- ASK also Clttended their appre- nl-N-ES S gram. The fuef18htersdistributed ciation to those who supported San Fmncisco, CA 94102 the toys 10 children in the Tender- the drive and said they hope that CENTER (415)-776-7113 loin and other needy areas of the this year's success will carry over city. mlO future toy drives at Hastings. John Voelker, chair of the San SPECIAL HASTINGS DISCOUNT AVAILABLE Page 20 Hastings Law News February 5. 1991 The Switch Is On! Bar Facts

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