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9-21-1962 Voir Dire Vol.2, No.1 Associated Students of Hastings College of the Law

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This Article is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Voir Dire by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. tfTo deprive a man of his opinion is to rob posterity and the existing genera- 00 tion. If it be right, then they are de- prived of exchanging error for truth. If it be wrong, they are deprived of illuminating the impression of truth vNioiir KDire as it collides with error.7 - Justice Brandeis Hastings College of the Law

VOLUME 2 , NUMBER 1 SEPTEMBER 21, 14 DEAN'S MESSAGE Hastings Begins Its 85th Year The 85th academic year of the West's oldest law school will begin on Hastings College of the Law opens Throughout this odyssey Hastings September 14, 1962. Its First-Year Class is larger than that of any other its doors this fall to its 85th class, strove constantly for higher. year since 1949 and is the second-largest since 1878. one of the largest since its inception, standards. In May, 1901, it became a All 400 of the new students are to be congratulated for having been It has behind it a brilliant, if some- charter member of the Association of given an opportunity to study law, at State expense, under the direction of times unsettled, past, and faces a-American Law Schools, the organi- an outstanding Faculty. But a word of warning is necessary! brilliant future. The student walking zation which has done the most to The law is a "jealous mistress." No studentwho devotes more than 20 up the stairs for the first time takes maintain high standards for legal edu- hours a week to outside work is likely to pass our First-Year examinations. the modern facilities for granted. He cation throughout the country. Hastings is not designed for part-time education; it is a full-time school. does not realize the great distance In 1940 Hastings entered a new era Those who are bold enough to ignore this fact, must do so against our ad- traveled since the first beginning back with the appointment of David E. vice, and at their own risk. in 1878, nor the unsettled step-child Snodgrass as Dean. Dean Snodgrass Preoccupation with family matters, and excessive attention to other years during which Hastings was propounded what was at that time al- outside interests, have contributed largely to the downfall of more than half forced to move many times. most a revolutionary idea in academic of our post-war students. Those who were unwilling to dedicate themselves Hastings was founded by legislative circles-that a good teacher's useful- to the study of law, and to very little else, have fallen by the wayside. Only enactment on March 26, 1878. It is ness did not automatically expire when students with exceptional ability can afford to devote less than 45 hours a the oldest formal law school on the he reached the age of 65 years. Dean week to study, ir4-addition to attending lectures. Pacific Coast, and is so closely identi- Snodgrass appointed O.K. McMurray Those who cut classes frequently, who habitually are unprepared on fied with San Francisco that to know and Arthur M. Cathcart to the teach- Monday mornings, and whose preparation frequently is inadequate, are the history of Hastings is to have a ing staff. This was the beginning of likely to be found near the bottom of the list, when the First-Year exami- good idea of the history of San the now famous Sixty-Five Club whose nations have been graded. Francisco. names on the office doors of the But for students who are willing to make the necessary sacrifices, who When Hastings was founded, college faculty corridors remind the students are both ambitious and industrious, the future is promising indeed. Our training for lawyers was not well of the names on the title pages of Hastings Placement Bureau is swamped with offers of employment which known on the Pacific Coast. Lawyers the foremost textbooks on legal sub- it cannot fill. There is an acute shortage of well-trained law school gradu- received their training either at some jects in the United States. ates, who have demonstrated their willingness to workhard and effectively eastern school or in the office of some There have been many changes in in a field where the rewards of scholarship and industry are great. It be- established lawyer. Despite consider- Hastings since its first beginnings in hooves you to take advantage of an opportunity which most of your prede- able opposition from those who felt 1878, many of the most important cessors never enjoyed. that a college trained lawyer would coming in the last few years including I urge you to keep in mind the fact that your undergraduate days are not be well grounded in the funda- the inauguration of the Hastings Law over. From now on, you must "play for keeps." Success is yours to com- mentals, the Regents of the University Journal, the move into the $1,750,000 mand, if you are willing toworkforit, but it is available on no other terms of California, then ten years old, building at Hyde and McAllister, the or conditions. Do your part, and the future will take care of itself. decided to add a law department to inception of the Sixty-Five Club? and Faithfully yours, their institution and consulted Judge the future holds further growth in S. C. Hastings for suggestions. Judge store. This year Hastings is still the Hastings LawJourna Hastings volunteeredHatnsFautssoenafoddanopru to plan this oflaw ~~~~~~~~~~catrmemberthe largest American Bar Associationitytonrit The Hastings Law Journal is a law Dean college and donate money for it. approved western law school, and this review, devoted to the discussion of The form and content of the curricu- growth has necessitated physical ex- legal problems. However, the Hast- Wendy Attends A LS A lum of Hastings, even today, is largely pansion. Hastings was allocated ings Law Journal is unique in that it attributable to the ideas of Professor $282,000 out of the 53.4 million dollar departs from the traditional format of During August the American Law J. N. Pomeroy, who later became school construction bill defeated in law school reviews. The Hastings Student Association held its annual famous as a professor and writer on last spring's election, but wich may Journal now concentrates upon cer- meeting in San Francisco under the equity and municipal law. Going far still be passed this fall-If this allo- beyond the requirements of most east- tain areas of California law, rather auspices of the American Bar As- cation is obtained, physical expansion than approaching legal problems gen- sociation. There were approximately ern law schools he insisted upon a will take place through additions to erally and without a unifying purpose. 300 delegates politically organized in three-year program of study. He out- the present building in the form of The last two academic years have the twelve judicial circuits. lined a course of instruction similar library expansion and the addition of to that being developed at Harvard a half floor over the main reading seen comprehensive treatment of such the law student into the Integrating since come to room. subjects as: California Taxation, Con- organized legal profession is the Law School which has Voir Dire, itself a relative trols of Damages in Commercial essence of the ALSA's existence. be known as "the case system." The The first Hastings class met on newcomer to Hastings College of the Transactions, California Business Implementation of its purpose is per- Monday, August 12, 1878, at the Hall Law, wishes to take this opportunity Regulation, Contract Law, Tort Law, formed throughout the year by means of the Pioneers on Montgomery Street. to welcome all first year students to Problems and Developments in Cali- of continual correspondence by com- For seventy fornia Insurance Law, Land Use mittee chairmen, but this is neces- five years following that the college, and to welcome back all Controls, and California Jury Pro- day Hastings was a step-child of returning upperclassmen. sarily given a broad base at each California, shunted from office build- cedure. annual meeting. office building in San Francisco These issues are comprised of One of this year's highlights was a ing to articles which range from exhaustive until 1953 when the new, modern Amjrlwsho sntcmlt demonstration of a legal electronic building at Hyde and McAllister was wtotsm omo otcutpo discussions by eminent legal scholars brain. The "brain", whose cost is and. members of the legal profession presently prohibitive, centers upon occupied.grmadHsigisnexpto. to notes and comments by students developing ease in the area of legal THURSTON SOCIETY Opotntisgvnothsend on new developments in the law in research. In one specific case it was the specific areas under examination. fed case law and statutorylaw and was In 1948, the Thurston Society was theximntoaplaeadccy In addition to its lead articles, notes set to disgorge electronic predictions founded at Hastings College of the Law Mo or sarqie ato h and comments, the Journal presents of U. S. Supreme Court Decisions. as a legal scholarship society, com- scn-ercriuuatog book reviews by lawyers and pro- Other highlights were a Medico- memorating the distinguished service suet hs vrg rd o h fessors, of new publications which Legal Trial Seminar, which included of Professor Edward S. Thurston, a frtya oki 8 raoehv are of special interest to the legal discussions of proof of facts in per- profession. sonal injury cases, problems of July 1, 1943, until his death on Feb- for the Hastings Law Journal inplace Qualified students find that parti- psychiatric testimony, and the various ruary 10, 1948. The purpose of the of participation in the moot court pro- cipation in the work of the Journal is legal definitions of criminal insanity; Society is to "actively further the gram. However, it is important to a rewarding and valuable experience,, and an address by Supreme Court principles of scholarship in the study note that Moot Court is the only op- the benefits of which are recognized Justice Tom C. Clark. and practice of the law, to which portunity a student has while in law not only while the student is com- The annual rheeting mixed social Edward S. Thurston devoted his life." school to receive training in the art pleting his legal education, but also with political and professional events. Election to membership is re- of appellate advocacy. The prepa- when he is seeking a position within Wendy Nelder, Hastings Secretary, stricted as follows: Members of the ration and argument of a case on the practicing legal community. was elected Official Hostess at the Second-Year Class who, by virtue of appeal is one of the most arduous RUSSELL THOMPSON outset of the meeting and organized their first-year record, have attained tasks a practicing attorney is called Editor-in Chief, social activities. (continued on page 4) (continuedon page 4) Hastings Law Journal Page Two HASTINGS COLLEGE OF THE LAW- Page Two HASTINGS COLLEGE OF THE LAW The Editorial Viewpoint.... PRESIDENT'S MESSAGE The carcasses of last semester's proverbial dead horses, whether On behalf of the second andthirdyear students, I wish to extend a wel- dead at that time or not, will not be dragged into the present school term. come to those of you who are just embarking on your legal career. Hastings Unless the problems which gave rise to complaint in the course of our last will give you the chance to absorb the best legal education available; take academic year, and which at the end of last semester remained unresolved, advantage of it. again arise to disturb the student body during the coming year, these issues In addition to the formal side of law school, the Associated Students will have met their demise last spring. have planned activities which we hope will be both informative and enter- taining. In this way the classroom work may be supplemented. Such things as speakers from outside the school help to make for a total education. To all students who did not attend Hastings last year, a few words Socially there will be a beer bust within the next couple of weeks and about our newspaper, the VOIR DIRE, This is the second year of our stu- later in the year, a school dance will be held. dent paper, and in view of the agonies associated with bringing the paper I would like to call your attention to the three legal fraternities which to a reality, and because the paper represents the most effective means of are active here at Hastings. It might behoove you to meet some of the mem- communication among the students and also between the students and the bers at their functions this month. administration, alumni, and others, this publication is not to be taken for Third year students will benefit from a vigorous internship program granted. The VOIR DIRE is not the voice of a small group or a few people which has been organized over the summer. within the student body, but is the organ of the students collectively. Other activities are mentioned elsewhere in this publication. Through- It is the responsibility of those who have reached the level of academic out the next week there will be various orientation programs. I hope to have endeavor represented by enrollment in a law school, to begin to assume the the opportunity to meet and greet you all personally before too many weeks duties of leadership. For this reason, it behooves each member of the have passed. Hastings student body to support this publication by communicating opinions Fred Hinden on matters concerning the students to a Member of the newspaper staff. Grumbling in the corner of the student lounge hasn't set straight problems THE VEEP SPEAKS of any magnitude, whereas worthwhile causes supported by the paper and or other school associations have been successfully championed in the past, and the same will undoubtedly be true in the future. WHAT GLORY PRICE For the first time in the academic career of most of the enrollment at Hastings, the subject matter of the instruction will not offer problems The student officers of Hastings College of the Law have individually with one definite answer, one answer which is correct to the exclusion of and collectively a great deal of experience in student government activities. all others-in other words, your opinion as to the correct solution will not Those chosen to spearhead the continuing expansion of student activities only be tolerated, but is insisted upon. Because law school demands problem are: Fred Hinden, President, from Sacramento and Sacramento State analysis by the individual, there is no reason why these same individuals College via various other institutions of higher learning (too numerous to can't begin to think for themselves outside of class as well. You people are name); Crocker Price, Vice President, from Burbank. Crocker attended the lawyers, judges, and legislators of tomorrow, so why not start taking Occidental College and hah recently deserted the ranks of batchelorhood sides today? Read your student newspaper-if you don't like what is said, for the marriage category with it's statistical security of better grades. speak up and give your reasons for your views; if you like what is said, Wendy Nelder, Secretary, is on the slowly disolving four year program. lend your support by communicating your approval to someone. Above all, This past summer Wendy served as the official hostess for the convention avoid the apathy which typifies the stagnant mind. of the American Law Students Association, presenting as fine an example THE EDITOR of Hastings as we could desire. Wendy attended Cal at Berkeley before entering Hastings. Gene Mueller, Treasurer, is easy to find by merely USE OF THE BUILDING looking up in the air. Six foot eight inch Gene hails from Iowa and is always glad to help consume any of that beverage made from corn. Library-Located on the third floor, storage of typewriters, but the The third year class representatives are Dick Marston and George the library is available to all students students must supply their own locks Allison. Dick is a past ASUC president, having attended Cal. George calls during the hours which are posted. and should provide the Building Mana- Reno home and attended the University of Nevada. Representing the second This schedule is subject to change as ger, "Windy" Anderson, a means of year is Jim Trembath from section Il-A. Jim was IFC president at Cal and examination time draws near and also access in the form of a duplicate key makes his home in Pittsburgh, California. The representative from section because of new construction in and or copy of the combination. II-B will be elected in the near future at the same time as the represen- above the library. area. While most Student Lounge-In the bowels of the tatives from the first year. The high attrition rate caught up with one of books in the library are for use only building can be found the Student the elected officers. in the reading rooms, there are some Lounge, exclusively for the use of the Rod Klein, former Treasurer of the student body, is the chairman of books which may be checked out over- Hastings students. The plush appoint- the Job Placement Committee. This group operates in the area of procure- night, to be returned before class the ments of this area are probably only ment of positions for graduates of Hastings. The committee will consist of following morning. Failure to return excelled by those of the Pacific Union several third.year students. All interested second year students should these overnight books promptly will Club of Nob Hill. Perfectly attuned to contact Rod. result in a fine and possibly other the latest developments in this world Heading the very important position of Law Forum chairman is Tom forms of inhuman torture. If any of automation, we have eliminated the Talbot. The purpose of this group is to provide the student body with inter- questions arise as to the propriety of colorful red-vested gentlemen who esting, informative and provocative speakers. The programs will be pre- a certain course of action as regards used to cater to our every whim and sented in the morning when the maxhaum number of students will be able use of the library, remember to "see have replaced them with silent robots to participate. Many of the speakers allow time for questions after their Mr. Moore, to be sure!" who now dispense our favorite bever- talks. Guests in the past include Thomas Dewey, Governor Edmundsen of of debates and discussion about the Sutro Room-On the third floor is the ages (limited now to those potions Oklahoma, Jake Ehrlich and a program Sutro Room, which is for recreational rich in caffein, calcium, or carbona- movie "Operation Abolition." This first figure this year will be presented Wednesday, reading and reflection. Don't get tion) with flawless accuracy, mea- September 19th. Mayor George Christopher of San Francisco, caught studying, sleeping, seminar- surement, and speed. Non-legal read- currently campaigning for state Lieutenant Governor on the Republican ing, or eating in this sacrosanct area. ing material is in abundance, although ticket, will be featured. If caught, you can expect to be sum- most Hastings students prefer to Crocker Price marily drummed from the third floor; digest the erudite contents of the and you may be sentenced to some latest issues of the Hastings Law form of exile, possibly to the mezza- Journal or to bring themselves up to LAW BOOKS nine floor where the rack and thumb- date by memorizing the latest Advance New Used screws are located. In all serious- Sheets. An "Idiot Box" has been ness, don't abuse the recreational generously provided, and affords privileges of the Sutro Room-it may Hastings students an opportunity to LE EMAN 'S spoil things for the other students develop eye strain if they have failed who have followed the rules of the to do so in the normal course of study. game. Study Rooms-There are several Law is experience developed by reason and reason tested THE FRIENDLY LAW BOOK STORE--. study rooms in the College building. just a hop, skip and jump from Hastings.. In the library are two large reading by ex perience. invites you to come in and SAVE YONEY! rooms-the main Charles W. Slack Pound. Room and the Daylight Reading Room. NEW AND USED CASEBOOKS, Elsewhere, room 10 has been set aside hornbooks and texts, plus briefing as a Seminar Room for student dis- L. S. GATON stationery and--.. paper, cussion groups and is available to PHOTO STUDIO those students who arrive first. ALL THE AIDS TO BETTER GRADES-..- Typing Room-Room 11 has been NEW LOCATION equipped for those students who wish to type. Lockers are provided for Telephone: 3213 Scott St. LAWYERS BOOK EXCHANGE, INC. JO-74227 San Francisco 220 McALLISTERSTREET.* HE 1-8511 * SAN FRANCISCO2 SAN FRANCISCO, CALIFORNIA PAGE THREE. STINGS SIX TY-FIVE CL

Back row, left to right: Prof s. Warren A. Seavey, Everett Front row, left Fraser, Roscoe To Steffen# John S. Bradway, Lewis M. to right: Dean David E. Snodgrass, Profs. Brooks Cox, Judson A. Crane, George M. OsborneG6rge W Simes, Lawrence Void,. Rudolph H. Nottelmann.9 Jo Warren. Goble# B. Britton, James.A. Madden, Rollin M. Perkinis, Harold G. Pickering. William MacLachian. Not' pictured, Edward S. Bade, Clarence If* Updegratff

DAVID E. SNODGRASS JOHN S. BRADWAY EVERETT FRASER holds a J.D. degree from the Univer- Dean Snodgrass took his LL.B.from Although Professor Bradway has Professor Fraser has been at Hast- sity of Chicago, has been a full Pro- Harvard in 1921. He has been asso- only been at Hastings since 1960, he ings since 1949. He took his LL.B. fessor since 1914, and is a former ciated with Hastings since 1928, as has already established himself in his degree from Harvard, and an LL.D. Dean of the West Virginia University Professor of Law since 1936, and as specialty, Legal Aid. He was Pro- University of Minne- Law School. He was also a Judge of Dean of the College since 1941. The degree from the fessor of Law and Director of the sota, where he was Professor and the U.S. Court of Claims from 1941- Dean's administrative ability has been Legal Aid Clinic at Duke University Dean for 28 years. He is also a past 61. Judge Madden has been admitted widely recognized. He was President from 1931 to 1959. At Hastings, Pro- Dean at George Washington Univer- to practice in four states, and from of the Conference of California Law fessor Bradway teaches Civil Pro- sity. Dean Fraser is the author of 1935-40 was Chairman of the N.L.R.B. School Instructors from 1940 to 1946, cedure, Legal Profession, and is* Casebooks on Real and Personal He is co-author of a casebook on Do- and later, was innovator of the 65 Club Faculty Advisor of the highly success- Property, and, as Reporter to Ameri- mestic Relations. at Hastings. His first year Contracts ful Internship Program. course very early demonstrates to can Law Institute, has made signifi- RUDOLPH H. NOTTELMANN cant contributions to the Restatements students the professional tenor of the Professor Nottelmann holds an College. WILLIAM EVERETT BRITTON of Property and Trusts. He teaches fundamental and highly intricate LL.B. degree from Yale, M.A. from Professor Britton has had a dis- the course on Real Property. Illinois University, and an LL.D. de- Dean Snodarass tinguished career since he began gree from the school where he did his teaching law at the University of Illi- GEORGE W. GOBLE undergraduate work, Monmouth Col- nois in 1916. He is author or co-author Professor Goble came to Hastings, lege. He has taught Law at the Uni- of Casebooks on Business Law, Bills in 1956 after a 35 year sojourn at the versity of Washington for nearly 35 and Notes, Bankruptcy and Sales; he University of illinois. He received an years, as well as History and Political is sole author of a popular text on LL.D. degree from the University of Science earlier in his career. During Bills and Notes. He is a pastpresident Professor Goble's World War II he acted as Compliance of the Association of American Indiana in 1956. Uni- first year Commissioner for the War Production versity Professors. skill and patience in the course in Contracts has become leg- Board. His subjects at Hastings are endary. He is the author of Casebooks Equity and Trusts. BROOKS COX on Insurance and Contracts. He is a GEORGE E. OSBORNE co-draftsman of the Illinois Insurance This competent and adaptable man Professor Osborne came to Hast- is an electrical engineer, retired Code and continues his list of publi- cations through his recent contribu- ings in 1958 after 35 years as Pro- army officer and Professor of Law. fessor of Law at Stanford. During and A member of the Army Reserve, Pro- tion to the Contracts section of the Encyclopaedia Britannica. after World War II he served various fessor Cox served on active duty in government agencies as arbitrator both World Wars. He joined the Hast- JAMES A. Mac LACHLAN ani mediator. Professor Osborne is ings faculty in 1946 and belongs to the Professor Mac Lachlan earned his the author of casebooks on Property 65 Club. He now teaches Constitution Security, Suretyship, and a textbook Law and Municipal Corporations. LL.B. degree at Harvard in 1916, and after several years practice in Chi- on Mortgages. He has LL.B. and JUDSON ADAMS CRANE cago, began a career of teaching at S.J.D. degrees from Harvard. Harvard which lasted over 3 years. Dean Crane received his LL.B and (continued on page 4) S.J.D. from Harvard, and, in 1956, his He has been at Hastings since 1960, LL.D. from the University of Pitts- teaching Torts and Creditor's Rights. EDWARD S. BADE burgh. He has been a Professor of Professor MacLachlan is the proxi- University in Tient- mate cause of casebooks on Federal Bade is new this year to Law at Pei Yang ACACIA LODGE Professor University, Anti-Trust Laws, Creditor's Rights, Hastings faculty. He comes to us sin, George Washington the and the University of Pittsburgh, and a textbook on Bankruptcy, as well Berkeley campus where he from the where he was Dean from 1942-49. as several law review articles. taught for ten years. Prior to teaching RESIDENT CLUB publications to at Boalt Hall, Professor Bade was as- Dean Crane has many J. WARREN MADDEN on Dam- sociated with the University of Minne- his credit, including works and Corpora- No one could doubt Judge Madden's 4+9 POWELL sota as Professor of Law and library ages, Partnerships, EX-2-9596 tions. He is the Faculty Advisor for qualification to teach his courses in director for nearly thirty years. He Constitutional Law and Evidence. He is a specialist in Real Property. Voir Dire. L000A 00000 99--R9- HASTINGS COLLEGE OF THE LAW JLS~fpPagew 'our orHSIG CLEEO H A (iricturea coow are two mem- MOOT COURT continued THE THURSTON SOCIETY continued THE SIXTY-FIVE CLUB continued bers of the Administration upon to perform; therefore, the value famili- the upper 5 per cent of the students ROLLIN M. PERKINS who will soon become of participation is clearly manifest. in their class who ar to the new enrollment at have successfully Professor Perkins, a nationally- Second-year students are organized completed the work of the first year; known authority on Criminal law, into firms consisting of eight mem- members of the Third and Fourth- holds a J.D. degree from Stanford, bers. Students may generally select Year Classes in the upper 10 per cent; and an S.J.D. degree from Harvard. the firm to which they wish to belong. and graduating students who are within As the author of a case and textbook Each firm is further divided into the upper 10 per cent on the basis of on his subject, ProfessorPerkinshas partnerships of two attorneys each. their combined record in all prior made his first-year course on Crimi- These two students are assigned a years. No student is eligible f6r mem- nal Law and Procedure a brilliantly hypothetical case in the form of a bership whose cumulative average structured experience for his stu- trial record from a lower court which grade is less than 78% at the time dents. In addition to an impressive has been prepared by the Moot Court of his election. list of publications to his credit, Pro- Board. This case is prepared for The primary function of the fessor Perkins has been Director of appellate argument against two mem- Thurston Society is to assist first- Iowa University Peace Officers Short bers of another firm. The students as year students in preparing for class- Course, and acting Dean of Vanderbilt partners examine the legal problems room participation and examinations. University Law School. He has been involved, prepare a written brief, and This purpose is realized primarily at Hastings since 1957. on the evening designated appear and through a series of seminars given present the oral argument to the court. HAROLD G. PICKERING throughout the school year. The mem- ARTHUR M. SAMMIS The three justices assigned these bers of the first-year class will be for Professor Picker- hearings normally consist of at least Background Mr. Sammis, Associate Dean and divided alphabetically into small ing's teaching career includes 40 one prominent member of the bar or Registrar, received his LL.B. from seminar groups, each group being of law practice, making him bench of the State of California. This years Before teaching at headed by a Thurston member. During distinctly competent for his courses Hastings in 1939. year we hope to have a very distin- had an exten- the year, the students will have the in Trial Practice and Code Pleading. Hastings, Mr. Sammis guished member of the Supreme Court in San Francisco, and opportunity to meet with their After receiving his LL.B. degree sive practice of California sit as Chief Justice in Secretary of the Committee Thurston Counsellor and discuss any from the University of Wisconsin in is a past the Moot Court. Bar Examiners. In addition to his problems which may arise in the 1912, he has practiced in Wisconsin, of Outstanding performances are re- duties, he teaches course of their study. New York and before the U.S. Supreme administrative cognized by valuable and coveted Community Property and Wills. In the meetings conducted by the Court. He has been teaching at Hast- awards in the form of law books gen- Thurston Society, emphasis is placed ings since 1954. erously donated by various publishers on preparing the student in the tech- LEWIS M. SIMES and presented by the Dean. These' niques of recitation and examination, books are frequently very expensive and not on the law itself. While at- The degrees held by Professor and are useful in future practice as Simes are as imposing as the author- tendance at these meetings is strictly well as in the continued study of law. voluntary, the beneficial ity of the man himself. They include: aspects of All hearings in the Moot Court will these seminars and J.D., University of Chicago, are attested to by the Ph.B. be open to families, friends, and the constantly excellent turnout of the Yale, and LL.D., Southwestern J.S.D., general public. First-year students First-Year Class. The Society has College. Professor Simes has pub- are given the opportunity to partici- been historically successful in the lished case and textbooks on various pate in the program by acting as court furtherance of its primary objectives, of property law. He has served facets clerks. It is required that first-year and serious and interested partici- advisor to the American Law In- as students attend at least one hearing pation by the beneficiaries of this for the Restatement of Prop- stitute during the course of the program. assistance will insure continued suc- erty. He has been at Hastings since As you follow the study of law the cess of this program at Hastings. 1959, teaching Property III and IV. DAVID LEWIS MOORE .importance of appellate advocacy will RUSSELL THOMPSON ROSCOE T. STEFFEN Mr. Moore has been Hastings Li- become increasingly apparent. The President. Thurston Socie Although Professor Steffen's class- brarian since 1960. His previous ex- members of the Moot Court Board and es were interrupted last year by a perience was as Assistant Librarian our Faculty Director, Professor formulated. The conference, which is severe illness, he was able to resume at George Washington University and Harold G. Pickering, join in extending scheduled for late October, is being them with full vigor, and to return Legal Reference Librarian at New to you best wishes for a successful given in cooperation with the Medical this year. After earning an LL.B.de- York University School of Law. He career, and a cordial invitation to Legal Laison Committee of the San gree from Yale, Professor Steffen taught Legal Bibliography while it was take full advantage of the Moot Court Francisco Bar Association. taught at Yale and the University of offered at Hastings. Program. STAN SHULSTER Chicago. He is the author of casebooks Chairman, Moot Court Board on Agency and on Commercial and In modern jargon PAD means home. Investment Paper, as well as various FRATERNITY.NEWS In legal terminology PAD is the nick- has* name for Phi Alpha Delta, the world's articles in legal periodicals. He 0 A 0 the past have included members of the been at Hastings since 1961, teaching On Decemb ier 13, 1869, Phi Delta judiciary, including members of the largest and most honored legal frat- Agency and Negotiable Instruments. Phi, the first professional fraternity California Supreme Court, outstand- ernity. Its 86 active chapters are prominent restricted to law schools accredited CLARENCE M. UPDEGRAFF in America, wtas founded at Ann Arbor, ing professors of law, and Professor Updegrnff, who will be Michigan. In 1883, Pomeroy Inn, which local attorneys. An important and en- by the American Bar Association thus achieving here for the second semester, took bears the na ne of one of the first joyable activity sponsored by the Inn a standard held only by Phi Delta. an LL.B. degree at the University of members of t he Hastings faculty, was is the annual fraternity-faculty din-, Alpha Iowa in 1916 and an S.J.D. from Har- founded at Hastings College of the ner, which is an expression of grati- At Hastings, Temple Chapter of vard in 1925. He has been teaching Law. tude to the members of the profes- Phi Alpha Delta is a leading and active since 1917, and has published several The aim of Phi Delta Phi is to pro- sorial staff for the knowledge and organization. In the true fraternal treatises on Iowa law, as well as nu- mote ahigher standard of professional guidance which they have imparted in spirit PAD forms a strong bond among merous law review articles. Profes- ethics and( culture by providing a the course of the year's instruction. the members of the various classes; sor Updegrnff served as Assistant means for the student to join his con- Ae9*0 * PAD forges a permanent link between Attorney General for Iowa from 1934 temporaries in achieving a richer The members of Traynor Senate of the school and its former students; to 1937. His specialties include Labor academic, m(oral, and social stature' Delta Theta Phi wish to congratulate PAD establishes a widespread oppor- Law and Arbitration. for entry into the legal profession. In all returning students and to welcome tunity for the interchange of business, furtherance of these objectives the the new members of our student body. and at the same time PAD promotes LAWRENCE VOLD organi- The Senate plans to start the semes- This distinguished faculty member fraternity as an international social and intellectual intercourse scholarship ter with a series of guest luncheon is prominent in the Sales field, having zation has es tablished a among its members. need of financial lecturers. The topics will follow the a casebook and text. He was fund for members in authored placement theme: "Practice in California." Each Also available to Phi Alpha advisor for the revision of the Uni- assistance anid a national Delta members. guest speaker will be anoted special- members are its student loan fund form Sales Act, which later was in- bureau for gr aduating Pomeroy Inn at- ist within a particular field of law and and active internship program. PAD corporated into the Uniform Com- On the local level benefits it is hoped that his comments and ex- conducts an orientation assembly mercial Code. Torts is another spe- tempts to coi mplement these for with per- perience will assist the student in first year students. Its cial field of interest for him, and his by providing the member social spective in regard to the profession. determining in which field he wishes functions as well as its renowned law review articles on aspects of this to to practice. speaking program and This is accon nplished by attempting round out PAD's subject are numerous. His LL.B. Our first speaker, scheduled for activities. at Harvard, and integrate sociial and academic activi- S.J.D. were taken September, will be the noted Members of Hastings of North Da- ties. The InnI periodically hosts prom- late Faculty as- LL.D. at the University attqrney Nathan Cohen, who sociated with Phi Alpha kota in 1949. Professor Vold has been inent members of the profession at criminal Delta include social will discuss various elements of Dean David Snodgrass, at Hastings since 1948, and his pam- dinners, lunc heonq and other Associate the Dean Arthur Sammis, and on studying law and writing law gatherings, thereby affording Professors phlet criminal practice in California. John Bradway, William Britton, exams has become a by-word among members an opportunity to be ap- War- facets of the lawnot Plans for our Second Annual ren Madden, Harold Pickering, students here. prised of vari ous and covered in th e classroom. Guests in Medical-Legal Conference are well Lawrence Vold. , SAN FRANCISCO- CALITF6RA P r~~ ,ATFAC~f age FiveNIA-- WIVES CLUB IN 8th YEAR A Great Clerk - A Great Man The Hastings Wives' Club has been For two years Paul P. O'Brien in existence since 1954, its threefold assist the inquiring lawyer in his has spent his week-day mornings federal purpose being to provide the wives practice." To help carry out Shorthand Notes a in the Hastings Library as library with a better understanding of law this purpose he wrote the Manual of assistant. He quietly and unselfishly Federal school, to satisfy the great need of Appellate Procedure which Real Time Saver goes to great lengths in helping the has gone to three editions plus sup- companionship among the students' For the law student "time is of the plements. wives, and to establish an emergency students in their research problems; This work has been called essence." The efficient student finds yet few know anything about him "a bible" by those loan fund. This fund is maintained by in the field. methods and devices which help him he is a kind gentleman is indeed fortunate in various money-making activities and except that Hastings accomplish hes goals in the least on whom they may depend in time having the services of Paul P. is available to second, third, and amount of time. He learns to set up of need. O'Brien. He is a warm hearted gentle- fourth year married students who may study schedules allotting maximum P. O'Brien is a man who who helps make the law students' obtain interest-free loans in amounts Paul man time for study, yet allowing sufficient is as distinguished in his own right job easier as he did for so many up to one hundred dollars, repayable time to eat, sleep and play. He also our "65 Club." years with the law graduate. He is within one year. Applicants should as any member of develops his own note taking tech- Before coming to Hastings in the a worthy addition to our unsurpassed contact Mr. Conner in the College niques. This is essential, for what 1960 Mr. O'Brien served and administration. office. fall of faculty the professor says is important. years as Clerk of the United The social calendar begins with the 57 There are many note taking methods States Court of Appeals for the Ninth Annual Fall Tea, held this year on available to the student. One of the September 23rd. This event affords Circuit. "Fifty-seven years in one most popular is to use wide margin a story of itself," says the married students' wives an op- office is paper, placing the class notes on the Harold R. McKinnon, past president portunity to meet the faculty, exchange right side of the page and later an- ideas with other wives who have of the Bar Association of San Fran- notating these lecture notes in another cisco (The Brief Case, Nov. 1959, similar interests, and get acquainted colarink or with a typewriter in the with the law school. "Paul O'Brien: Lawyer and Friend"). left margin. Case briefs can be put on "But these 57 years are the story Monthly meetings are held at the gummed paper and stuck on the margin College, offering interesting lectures, of a man who made the office of dividing line to extend over the class clerk of court a distinguished and, movies, displays, and debates on a notes. When reviewing for finals the wide variety of subjects. to our generation, an unforgettable student reads his annotations and if he thing. He did so by a combination The Wives' Club also sponsors an is not clear on a certain point he only Annual Spring Dance. In the past this of rare human qualities: a stern then refers back to his brief and class integrity seasoned by a sweet hu- popular event has been both a social notes for clarification. Outlines of the and financial success. mility and a gentle humor, a mastery course can be compiled from these of his craft of appellate procedure, A new event has been planned for annotations and are extremely helpful this year. On Saturday, October 6th, and unremitting service of his fellow for review. man in the cause of justice." Hastings Wives' Club is having abar- The above is only one method of becue at Speedway Meadows in Golden During these years Mr. O'Brien note-taking. There are numerous has served with every judge in the Gate Park. The dinner ticket will in- others. One may simply take notes Ninth Circuit since its inception in- PAUL P. O'BRIEN - clude steak, salad, garlic bread, and a and then under-line the important for a very reason- cluding Justice McKenna who in 1898 glass of beer--all parts. Or, he may annotate on file was appointed to the United States The above is a reproduction of a able price. Notices will be posted well cards. Some experimentation is portrait of Paul O'Brien hanging in in advance, giving all the essential Supreme Court. necessary and possibly even different "The important feature of the Clerk the Office of the Clerk of the Ninth data. This outing promises to give methods for different classes and pro- District of the United States Court everyone a tasty meal and an oppor- of the Court of Appeals," says Mr. fessors will be desirable. O'Brien, "is to make an effort to of Appeals. It is captioned, "A GREAT tunity to relax. One of the hardest parts of taking CLERK - A GREAT MAN." We are hopeful that all the wives class notes is getting down on paper U-0s Veoas ons ao00a00000o oooo0 o 00000000000000000000000000000 of Hastings students will join the club everything that is essential. Many SIGNIFICANT, NATIONALLY and participate in the many activities times a professor speaks so fast that planned for the forthcoming year. RECOGNIZED BOOKS FOR this is almost impossible. However, THE SUE MEDEIROS if one develops his own short-hand CALIFORNIA LAWYER President, Hastings Wives'Club system for commonly used words he PROGR/AM can expedite his note-taking speed USHERING thereby capturing all the valuable The Summer Ushering Program, ** APPLEMAN1ON TINSURANTTCE. although not as extensive as antici- parts of the professor's lecture. This short-hand is limited only by one's S pated, was,nevertheless, satisfactory. S ** BOGERT ON TRUSTS AND TRUSTEES. attended more than own ingenuity. Following are some S Over 60 persons S seven different theatric al productions. examples: S S ** SIMES AND SMITH ON FUTURE INTERESTS. S Only one incident occurred during for "P" (Pi) means which some- 7t" Greek the course of the summer P LAINTIF F ** HORNSTEIN ON CORPORATION LAW & PRACTICE. what marred the otherwise pleasant reception of Ha sting s students. I would A Greek for "D" means ** MODEL BUSINESS CORPORATION ACT ANNOTATED. like to reiterate that the opportunity DEFENDENT to usher is only extended through the ** FEDERAL REPORTING SYSTE4. courtesy of the University of Cali- t A cross means DECEASED fornia Ushering Chairman, Mrs. ** MODERN FEDERAL PRACTICE DIGEST. Roach. Mrs. Roach, entirely without YA 3 fingered hand means ON THE compensation, arranges for all usher- OTHER HAND ** WEST'S FEDERAL PRACTICE MANUAL. ing for the Berkeley campus, and has arrangements for ushers also made A crossed-out dollar sign means ** BARRON & HOLTZOFF'S FEDERAL given time PRACTICE AND PROCEDURE. *i from Hastings. At any BANKRUPTCY ushers available at there are more ** WEST'S FEDERAL FORMS. Berkeley than positions, yet Mrs. Greek for "S" means SUPREME Roach has generously made arrange- COURT OF THE UNITED STATES ** DAVIS' ADMINISTRATIVE .LAW TREATISE. ments for Hastings students to act as auxilliary ushers. It has always been means FACTS ** POUNDS8 JURISPRUDENCE. the understanding that if we fail to ." meet our commitments all ushers a y means THE ** CONRAD'S MODERN TRIAL would be supplied from the Berkeley EVIDENCE. campus. In the past it has been touch, means AND and go, but Hastings has managed to maintain its ushering program. means CONTRACT Any student who accepts a position as an usher has a responsibility. His means WITH ~ 74 failure to appear, or to appear on time, i1~sXny6oniftany or his improper demeanor at the 2 SAINT PAUL , MINNESOTA theater jeopardizes the entire pro- VINCES TAP BEEI gravn. Not one of the theaters is satis- GIANNINI FOOD FAIR fied with student ushers, and many of Sales Representative: the managers resent the necessity, 11145 Market Street but economic pressures and other CARLTON L. FELLIAN (back in the corner) OEKEY factors force them to use them. The NUMBER SY 275 Bush St. least we can do is make a good San Francisco showing. 4, Calif. HOT DOGS STEAM BEER Tel: DOuglas 2-b0027 HASTINGS COLLEGE OF THE LAW Page Six HASTINGS COLLEGE OF THE LAW Page Six THE PRAYER DECISION: One View From the Sutro Room.... Congress shall make no law re- aration as a disability of government specting an establishment of re- to intervene and, therefore, the prayer RAY GINGER: trials in contemporary American his- ligion, or prohibiting the free is wholly inconsistent. SIX DAYS OR FOREVER? tory. He has obviously gone to great exercise thereof... TENNESSEE vs. JOHN SCOPES lengths to be accurate if the bibli- Secondly, the Supreme Court does (Beacon Press, 1958) ography at the end is any indication. In a most recent decision (Engel not legislate law inasmuch as it does Unfortunately Mr. Ginger does not v. Vitale, 82 S.Ct. 1261) the United not apply to doctrine of stare decisis. In 1925, John Washington Butler footnote his work, a failing which Supreme Court again raised States Thus the decision should only be read he introduced seems far too prevalent in recent the Republic-old conflict over inter- composed a bill which within the confines of the particular into the Tennessee legislature en- popular non-fiction and is by no pretation of the Constitution. The 6-1 facts before the Court at that time. titled "An Act prohibiting the teaching means singular with the author. opinion, written by Justice Black, The Court distinguished this prayer as the Evolution Theory in all the The book is an account of the declared the following prayer incon- of bearing no true resemblance to those Normals, and all other times. It reflects with depth and sistent with the First Amendment Universities, patriotic and ceremonial occasions schools of Tennessee..." understanding what prejudice and big- because it was a state-sponsored public where a recognition of a deity is pro- It is not likely that Butler or any- otry can lead to when men let their activity. religious fessed. In dissenting, Justice Stewart one else knew of the repercussions emotions and passions rule their Almighty God, we acknowledge followed this argument to a logical this measure would have. By the thinking. Mr. Ginger seems filled our dependence upon Thee, and conclusion: that the First Amendment end of that year John Thomas Scopes with consternation and at the same we beg Thy blessings upon us, affords more protection to the federal had been talked into violating the time with wonder at it all. So was our parents, our teachers and government than does the Fourteenth law specifically to make a test case this reviewer. our country. to the States. This would seem clearly out of the issue. Into that test case Steven Guralnick an untenable interpretation of the Con- walked two of the most controversial U EU U U This was prejudged by Christian and stitution, and an interpretation which personalities in the TERRYS T. OLENDER: Jewish clergy as non-denominational and dynamic the Court would not appear to sponsor. William Jennings FOR THE PROSECUTION: before adoption by the New York American scene: The distinction is presented merely Bryan and Clarence Darrow.- MISS DEPUTY DISTRICT ATTORNEY school board as a voluntary, daily to show that these other activities activity. Any child could remain silent It was Christianity against agnosti- cannot be directly affected by this to the local papers Terrys T. Olender was the first or leave the room without formal cism according decision. the defender of the woman to try major crimes as a chastisement. The majority of parents in Tennessee; Thirdly, the purpose of a court of cross and the Bible against a big deputy district attorney in Los An- in the school district favored the geles. As such, she is generally prayer. common law is to protect the rights city iconoclast said the local of the aggrieved party. The Supreme citizenry. considered something of a pioneer-- This recitation was no different Court differs not in this purpose, but it was much more than that; though certainly there have been from that which is given at the opening But merely judges whether those rights to teach women attorneys, before and since of the Senate, the House, and the Su- it was a fight for the right are within the protection of the Con- in freedom and to speak in freedom Miss Olender, who have been trail- preme Court. Ten years earlier the stitution. In finding for the plaintiff, and, even more important, to write blazers for their gender in the legal Court had declared that "we are a Justice Black defined the First- in freedom. profession. It would perhaps be more religious people whose institutions Amendment as having certain pur- In this short but brilliant chron- accurate to say that, as Miss presuppose a supreme being (Zorach poses. First, since religion is apurely has written an ab- Olender's career attracted more at- v. Clauson, 72 S.Ct. 679)." In 1954 icle, Ray Ginger personal concept of man's destiny, an of one of the most tention and is more commonly known, Congress added the words "under sorbing account absolute wall of separation was pre- famous and least understood criminal her experiences have an immediate God" to the Pledge of Allegiance, impact on, and interest to, the lay is scribed by the Founding Fathers. Sec- which voluntarily uttered daily by ond, when a religion is established, or professional reader. most school children across the land. all those who dissent therefrom are "For The Prosecution: Miss Deputy Why then this suddenly contrarious persecuted by both the state and their Today, agnostics and atheists are District Attorney" performs two decision by six of our most prominent fellow citizens. In the classroom in condemned by many because they have functions: it records a portion of jurists? In analysis, three underlying question, those students who dissented no formalized standard of morality. the history of an unusual woman, justifi- to reasons show cause for its from the conception of a supreme To hold personal beliefs contrary and it describes the difficulties to cation. being would be reluctant to remain the tenets of an established religion be encountered by women in the The first reason, found in the an- silent or to leave the room. Being a has always been heresy. practise of law. As personal history swer to the question whether or not minority they would be ostracized by To judge this decision as being Miss Olender's book is, of course, the Bill of Rights is a limitation the others. To escape this verbal, either right or wrong is to reason unassailable. Her veracity is ap- against the individual States by force pre- emotional, 'and possibly physical superficially, since the question parent, sometimes quite bluntly so, of the Fourteenth Amendment, goes to abuse, these dissenters would more sented goes to the very depths of the and her ability in the areas of legal the core of the controversy. Justice to our probably join in the recitation. They moral fibre which gives rise research and trial procedure is un- Black answers emphatically in the af- then become a captive audience and standards of value. Only extensive questionable. As a guide to women firmative. He argues that the First the individual is now subjected to the analysis of our history and the course in the legal profession Miss Olender Amendment was adopted to guarantee to follow can effect tyranny of the majority.When pre- which we choose is less successful. Most of the cir- that the power of the federal govern- sented with such an argument any a proper solution. Whatever result is cumstances surrounding her success ment would not be used to control, court would find that the rights of the reached, the Christian majority is ob- were unique to her very individual support, or influence the nature of ligated to heed the teachings of its qualities or the accident of time and American prayer. Through reinforce- plaintiff had been transgressed, not- founder: withstanding the fact that the status place. If we were to accept Miss ment of the Fourteenth Amendment, quo is most generally upheld. Render therefore unto Caesar the Olender's experiences as a formula the States are restrained from such to for success, the recipe would include activity. things that are Caesar's, and The history of the common law tells God the things that are God's. as basic ingredients: tenacity, gall, us that the rights of freemen, in Eng- a family with judicial, political and Those who oppose this decision My Kingdom is not of this world. were originally conceived as business connections, and an income maintain that the Bill of Rights, when land, being divinely granted. We still recog- RON VERNON (continued on page 7) passed, limited only the federal gov- nize the concept of natural law, which Fourteenth Amend- ernment, that the of the state after the Civil War is applied when the power ment was adopted conflicts with basic rights of our citi- of the to guarantee the new citizens zens. Our concept of the sovereign is South equal rights with the whites, and that its power emanates from the therefore the application of the First people. Thus the rights of man could Amendment has remained unchanged not possibly come from the generosity apply it to the States is a gross and to of the state, but rather from some misinterpretation. higher power. Therefore, as James reasoning advanced by Georgia The Madison argued, religion by its very proclaiming that the decision will in nature lies outside the authority of be ignored is that the First Amend- on Con- civil society; and when legislators, ment is only a restriction the people, was who derive power from gress, and when the Constitution attempt to regulate religion, they vio- the thirteen States had GILBERT LAW SUMMARIES CASEBOOKS adopted, ten of late the inalienable rights of the in- some form of religious establishment. ac- dividual. HORNBOOKS SUPPLIES These States argue that they The reasons advanced, historically, state cepted separation of church and to support establishment, were that religious as the price to be paid for piety and morality (a self-evident de- if the separa- pluralism. Therefore, rivative of Christian belief) were HARRY 8. LAKE KENNETH W. LAKE tion can be accomplished in a manner requisite to an ordered society. In government sponsor- fair to all sects, 1780 the Massachusetts constitution 138 is wholly consistent. McALLISTER STREET, SAN FRANCISCO ship of religion proclaimed it a right and duty of every Court conceives of sep- UN 3-2900 The Supreme citizen to worship a supreme being. SAN F RANCISCO, CALIFORNIA Page Seven SAN FRANCISCO, CALIFORNIA Page Seven

OF MICE AND M EN is one who invariably looks where Sutro Room cont. There are 3.67 women to every is gratuitously and indiscriminately he is going...is never lost in medi- 100 men at Hastings. The impact bestowed on all. While these reactions tation when approaching trapdoors sufficiently independent to allow for of these creatures upon the school are mildly shocking to all law stu- or the margin of a dock; who...even several years of work without remun- and the school upon them is the dents, they seem, like rain, to fall while he flogs.his child is meditating eration. Obviously, a dish not suited subject of this treatise. This writer on the just and the unjust alike. In only on the golden mean... In all that to the taste or capacity of everyone. approached the problem with a kind light of the fact that the professors mass of authorities which bears upon there is not a of prima facie presumption that the are teaching law and not Latin hexa- this branch of the law Altogether, there is no reason why single mention of a reasonable women students are individuals, meters, their treatment of women Miss Olender's book should not be people after all. Nothing should be seems more than fair. There is no woman." Clay Haupert a valuable and interesting addition more obvious, yet the steely-eyed badgering. to the literature of the legal pro- observer noted a certain malaise Another question was posed: men fession. Unfortunately, however, it among some segments of male law students are notoriously bad risks is not. The difficulty is not so much studentry. Comment elicited from in any kind of continued dating situa- what Miss Olender says, as how she the men ranges from the non- tion. They are always broke and says it. Her style is awkward and committal "Aw, they're O.K., I guess" always involved with their work. Is childish, and her syntax scrambled to the utterly reasonable "Kind of law school destructive of your social to an astonishing degree. The book pretty; soften the hard lines around life ? There were as many answers includes an embarrassing number here if you know what I mean", to as questions. "It makes a good ex- of passages that would have been the rather obtuse "They're no better cuse to dodge fellows ydu don't care more appropriate in a dime novel: than anyone else." to go out with." "It's a damned "A pang shot through my heart. Lloyd Statistically, Hastings women are imposition." "I arrange my work married! In our December. Was it rather frightening in that their so that I can go out when I'm asked. deliberate? Planned to sting me? scholastic achievements are very Last semester it was on a Thursday." Was he actually vindictive, cruel, little different from the men's. Al- Some of the answers showed a certain Machiavelliad as Mother maintained? though the sampling is small, it envy. "Most girls here are either Or had I hurt his pride and driven seems that their rate of academic married or going with a man who him to - to a beautiful blonde ? A mortality is about the same. This UNDERSTANDS." bit ridiculous. But I hated her for phenomenon at once gives the lie to Does a woman in law school enjoy cutting in on my territory." two theories, i.e., (1) that only a any advantages or suffer any dis- brilliant woman would attempt law advantages, as compared to a man? Miss Olender devotes considerable school and (2) that women only come "Surely. We have intuition. That's space, at the commencement of her to law school to hang around for a what Cardozo meant when he said book, to a description of her efforts year or so, snare the brightest young you make a decision and fill in the to eliminate some of the excess and man available, marry him, and forget legal bases later." 'We have less pompous verbiage employed by the the whole nasty business. It was than men, and so we have legal profession. Her efforts are patience laudable, and I am sure that there disconcerting in the extreme for one to make up for it inneatness, orderli- bent on rooting and startling facts ness, and accuracy." "We have more are many who agree with her opinions and intentions. It is therefore doubly within our very walls to find that patience than the average man, though some women students prove them- far unfortunate that one finishes this work he may have the advantages as Lwith a fervent wish that Miss Olender selves quite brilliant, others are as brilliant insight is concerned." average students, and others quite "A girl has to plan the financial had relied upon correct, if formal, dull. On paper, as statisticians say, part of it more thoroughly than a lawyer's English, rather than her they might as well be men. In a man. Her parents probably feel they own peculiar brand of laymdn's prose. way strikingly similar to male did enough seeing her through col- NERI RAMOS matriculators, some women go on lege. She can't make four or five VICTORIA to become practicing attorneys, some hundred a month during the summer CAFE flunk out, and some quit to accept a either." "A woman has to acquire position with a newly-founded firm a professional manner, something 835 CLUB which offers OPPORTUNITY. an employer or client never questions In questioning the women them- in a man." V. PETROFF RESIDENCE CLUB selves, certain questions were ruled The question greeted with abso- lutely no consensus concerned mar- SN154 McALLISTER 835 HYDE ST. TU 597 51 out of bounds. After all, most of SAN FRANCISCO 2, CALIF. the men are hard-put to answer a riage. The effort required to get gem like "Why did you come to through law school and pass the law school?" The questions pro- bar is intense. Even if one is able pounded were all based on the sup- to do both, there is little pirt-time SPECIAmL STUDENT OFFERI position that, as citizens, women or undemanding law work. Can you had an inherent right to attend law reconcile a law career and marriage ? school and could not be called upon "I plan to do one or the other." Wikins: SUMMARY OF CALIFORNIA to justify their position. Specific em- 'I know a lady who practices law LAW from her home. Her husband built 4 Volumes. The major subjects of the substantive law critically exam- ployment ambitions, while revealing, ined and concisely stated were stated with such a realistic on this darling room and ... " "Of tentativeness as to render them out- course the training we have will side the scope of this inquiry. Quoted have a great deal to do with the CALIFORNIA PROCEDURE sentiments are in substance those of kind of men we expect to marry. 3 Volumes. A comprehensive treatment of procedure and practice actual interviews, with names omitted I expect to be able to work with, to protect the innocent and stimulate or at least help my husband in a CALIFORNIA EVIDENCE the reticent. professional way." "I plan to cross ORDER 1Volume. The trial lawyer's long awaited and widely used manual that bridge when I come to it." Most women, apparently, are pleas- NOW 1. At special student terms antly surprised by their acceptance As if the reactions of law stu- 2. Receive future supplements free while attending law school at Hastings. Rumors and anecdotes dents were not equivocal enough, one prepare them for the worst. They even runs up against that old friend BENDER-MOSS COMPANY, 315 expect the worst. Male students will of all law students, the split of Brannan St., San Francisco 7, be patronizing, boorish or worse; authority. The majority, including Please send me: the favorite sport of professors is this writer, contend that women in 0 Witkin's SUMMARY OF CALIFORNIA LAW, 4 vols...... $96.00 plus tax .girl-baiting. They will be called on law school are only exercising a L Witkin's CALIFORNIA PROCEDURE, 3 vols...... ------...... $65.00 plus tax only for lurid or difficult cases; vested right, and to put them on the F] Within's CALIFORNIA EVIDENCE, 1 vol...... $25.00 plus tax their best efforts will produce only defensive about it would be only to Special student terms: cat-calls or sneers. quibble. The minority is summed up 0] $10.00 down, $5.00 monthly for all or any of the above. Once here they find that they are tangentially in A.P. Herbert, Mis- Cash price on orders of $50.00 or more: subjected to no more than the average leading Cases On The Common Law, Check enclosed less6%, plus 4% sales tax on net amount. manifestation of freshman unrest and 1930, 12-16: "The Reasonable Man... Supplements to be provided at no charge while attending law school . lack of confidence. The sibilant or is an ideal, a standard, the embodi- tittering reaction to classroom reci- ment of all those qualities which Name tation is not directed at women, but we demand of a good citizen...He Addres City, State Wives' Club Steak Fry Oct. 6t- I am presently a..year student at the following law school:______HASTINGS COLLEGE OF THE LAW Page Eight HASTINGS COLLEGE OF THE LAW Page Eight the rental of which was refused by CALIFORNIA CIVIL RIGHTS ACT UPHELD be liable where the transaction can- the defendant owners to plaintiffs not be completed only because of 26, 1962, the Supreme evidence a definite national policy because of their race, was publicly On March the owner's refusal to sell. assisted of California handed against discrimination." The Court housing within the meaning Court of the State Violation of the provisions under of the four decisions which unani- observes that discrimination in hous- Hawkins Act. The Supreme down the Hawkins Act was the basis of Court, the validity of the ing leads to lack of adequate housing again citing Burk's v. Poppy mously upheld the fourth case, Hudson v. Nixon. Construction Civil Rights Act and the for minority groups, which inadequacy' Company, upheld the Unruh The plaintiffs, members of the Negro trial Act, both of which became leads to disease, crime, and. court's award of damages to Hawkins race, alleged that the apartment, the plaintiffs. law at the 1959 legislative session. immorality. These decisions have been anxiously . In the second cause of action, based plaintiffs alleged awaited by certain segments of the on the Hawkins Act, Et]Ei@I liiB) iiiEE li liiB) lig agitig( egig'g state community as well as by na- that the housing accommodations in tional organizations which have a the tract were publicly assisted within vested interest in the outcome of the meaning of the act. Defendants had what is fundamentally a civil rights enjoyed a sustained demurrer to this ADVICE ... . ON ADVICE problem. Organizations representing cause of action on the basis that i STARTING law school is like plaintiffs' allegation stated a con- getting married; everyone has some ad- I various minority groups on the one vice on how to make hand, associations of property owners clusion of law. The Supreme Court a go of it. No matter how good the advice is M and those engaged in real estate rejected this and went on to reject though, there is nothing that will replace trying things out for your- 3 brokerage on the other hand, and the another of defendant's contentions* self. Before the first week has ended in hopeless confusion a first- draftsmen of local housing ordinances to the effect that defendants were year law student will have heard fifty different study techniques, in the manicipalities throughout the denied equal protection under the even ifhe talks to no one, walks in the shadows, and wears a disguise. state--these are the parties who might laws of the federal and state con- The adviser who has the last word on how to stay in law school be said to be, figuratively speaking, stitutions insofar as the Hawkins will start by saying "the most important thing to remember" or "the I the real parties in interest. Act fails to prohibit discrimination only thing to do is" and then go on to say, "brief every case," "never K by owners of housing built without touch a canned brief or outline," "annotate," "make summaries of '.4 The Unruh Act, California Civil public assistance. Chief Justice amended each section of class notes," "attend all Code sections 51 and 52 as Gibson, writing for a unanimous court, lectures," "seminar but with (0 with discrimi- in 1959, is concerned reversed. moderation, (no bull sessions,)" "practice writing old exams," "be nation in "business establishments" organized," "keep physically fit, morally straight," and on and on, 0) based upon race, color, religion, The second case, Lee v. O'Hara, ad nauseam. origin. The ancestry, or national follows the pattern of the preceding Throughout this maze of advice, one does not have to be overly Act, Health and Safety Code Hawkins case. The plaintiff, a Negro, had bright to catch one little thread of consistency: I'.4 sections 35700 to 35741, relates to it's a four-letter requested defendant real estate word that wears you out, "work." Surprisingly enough, even though I such discrimination in "publicly as- '.4 broker to procure for rental, prem- one must do his own work it's quite enjoyable to most, and I venture sisted housing accommodations." ises which were supposedly available (0t4~4 These four cases alleged violations a guess to all that come back for the second round. The advice on to any member of the public ready, advice offered here spells work; listen up, for.that's the last word on occurring between 1959 and 1961, rent such prem- willing, and able to how to stay in law school. Additional advice may I of the Unruh Act, the Hawkins Act, ises upon the terms offered. Plaintiff be obtained from other first-year students. or both. alleged that this refusal was based 94 The first case passed upon, Burks solely upon his race. The Court cited ANONYM~OUS v. Poppy Construction Company, is Burks v. Poppy Construction Com- the vanguard of the group of four pany, rejected defendant's contention cases, and provides the touchstone that real estate brokers do not come by which the following cases are re- within the purview of the Unruh Act, solved. Defendant company was en- and held that it was error to sustain Voir Di re Staff gaged in the developing, building, and defendant's demurrer. Editor-in-chief * * * * * . . . . Jacob Levitan selling of tract homes. These houses .P Faculty Advisor . . Prof. Judson sale to the . A. Crane had been advertised for While these cases have unanimously Managing Editor . . . . a Negro couple, * . . Samuel I. Frizell public. Plaintiffs, upheld the validity of the Unruh Feature Editor * * * alleged an offer to buy a specified * * . . . Ron E. Vernon Civil Rights and the Hawkins Act, News Editor * * * * **... home, or any house offered in the AlanlH. Simon the area of coverage of these acts Business Manager . . tract to the public generally, and . . . . John A. Colistra will undoubtedly be subjected to se- Staff Writer . . . that they were refused on the basis Clayton L. Haupert, Jr. vere testing in the future. However, Photographer * * * * 0 a.a..Jerome Marks of their race and color; plaintiffs for those who seek to end discrimi- sought injunctive relief and damages. nation, these decisions mark the crea- Permission is given for reproduction of any part The trial court sustained a general tion of a strong link in the chain of of demurrer to the first cause of action an article appearing herein provided that cre- events which leads to the disintegra- dit is given to both the Voir Dire and the author which was based on the Unruh Act. tion of the situation which gives of the article. The State Supreme Court reversed, rise to the need for such legislation finding that defendants did operate a as has just been the subject of the The Voir Dire is published periodically "'business establishment" within the State Supreme Court opinions. by the meaning of the broad terms of the Associated Students of Hastings College of the Law, 198 McAllister Street, San Francisco, Calif. act. The Court rejected defendant's The third case, Vargas v. Hampson, contention that the passage of the sought injunctive relief alleging a Hawkins Act at the same meeting of violation of the Unruh Act. Plaintiffs the legislature during which the Unruh were of Mexican ancestry and alleged Act was passed indicated an intent that, having progressed to the point that the Hawkins Act is to be the of paying a deposit to defendant real estate broker for the house to be sole measure relating to discrimina- COLLEGELOF THE LAW purchased, and having signed a pur- HASTINGS tion in real property transactions, UNIVERSITY OF CALIFORNIA and, acknowledging some overlapping chase and sale agreement, defendant returned the deposit and refused to 198 Mc Allister Street of the two acts, the Court proceeded SAN FRANCISCO, CALIFORNIA to make distinctions between them. sell solely on the basis of plaintiffs ancestry. Defendant's demurrer had In pointing out that each act provides been sustained by the trial court on for different measures of recovery, the basis of the complaint being un- the Court made it clear that double certain as to whether plaintiff was damages would not be allowed for complaining solely of defendant the same discriminatory conduct but broker's actions, or as the agent for that a plaintiff may proceed to trial a third party. From the facts, it on alternative causes of action. In appeared that the defendant did render the course of its analysis, the Court services to plaintiffs and there was ) states that discrimination on the basis no averment that the defendant had of race or color is contrary to the authority to complete the transaction public policy of the United States by entering into a contract of sale and of the state of California, stating with plaintiffs. In upholding the trial further that "Although the anti-dis- court, the Supreme Court indicates crimination provisions of the federal that a broker who acts in good faith Constitution relate to state rather and does all in his power to serve than action, they nevertheless atrivate member of a minority, will not compolden ate Park