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10-26-1979 Hastings Law News Vol.13 No.4 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.13 No.4" (1979). Hastings Law News. Book 113. http://repository.uchastings.edu/hln/113

This Book 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 Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Volume 13 No.4 Dean apologizes for Sherry's 'slur' By Lorie Eber Prunty noted that it has caused consid- On October 2, Dean Prunty offered erable distress among the student an "institutional apology" for Profes· body. The harmony and trust so vital sor Sherry's reference to Black planta· to the smooth functioning of the eth- tion workers as "darkies." The Dean nically diverse Hastings community, addressed his regrets to the entire stu· are disrupted by "thoughtless or cal- dent body because he sensed that stu- lous" expressions and "vindictive" dent concern had spread beyond the reactions_ Finally, Prunty expressed an classroom in which the comment was "institutional apology" and vows to made. The apology, which did not prevent the repetition of such inci- mention Sherry by name, was distrib- dents in the future. uted to Hastings' professors with the The purpose of issumg the apology, instruction that it be read in all their Prunty told the Law News , was to "put classes. the matter at rest " Prunty voiced con· Dean Prunty told the Law News cern that the remark was taking stu- that the offensive remark, which was dents' minds away from the "efficient made by Sherry in his Criminal Law pursuit of learning." Additionally, the class on September II, was brought to Dean expressed sorrow and regret for his attention by Dean Jane Peterson the offensive remark. Vicki McCarty.Englund "Photo after angry students registered their Dean Prunty spoke with Sherry, Halloween Happenings at the col- fund-raiser. Tickets are a mere $1 concern with her. Although the inci- whom he described as "embarrassed lege include the traditional Hastings each and offer a chance on tantastic dent has never been discussed at a fac- and troubled by the whole incident," Child Care Center party. Shown here prizes and at the same time help the ulty meeting, Prunty said that some prior to circulating the apology. Ac - is a sampling of some of the mini Child Care Center toward the goal of faculty members have informally ex- cording to Prunty, Sherry told him ghosties and goblins who will take a new and badly needed ventilation pressed their feelings to him. that he was sorry that he had made the over the tranquility of the college for system (priced in the $6,000 range). The apology issued by Prunty states remark, that he hadn't meant to of- afternoon merriment, snacking and Director of the center is Diane that he "believe[ s] the incident to have fend anyone and that it wouldn't hap- sipping. The event is the annual Ryken. been venial in nature." Nonetheless, Contmued on back page Smith, Russoniello hit Silver, Freitas Smith stresses experience Russoniello lashes at Freitas By Chris Lavdiotis By Dana K. Drenkowski Arlo Smith, Senior Assistant State "Methadone climcs are the colleges Attorney General and candidate for for drug addicts. " San Francisco District Attorney, spoke "Freitas lies with his statistics. " at Hastings on Tuesday, October 9, "Wlthm six months after my elec- before a small audience which prob tion, I will confidently predict a ably reflected his relatively unknown pOSItive change in the direction of law candidacy among the public-at-large. enforcement attitudes. Within two years, the publiC Will feel the fear of Smith, who arrived on time, seemed c"me lifted from their shoulders. It at ease as he spoke of his legal back- will take them that long to one day be ground, his opponents' shortcomings, able to look around and say, 'Hey, and his proposals for a more profes- we're not being robbed in our neigh- sional and competent District Attor- borhood any more' " ney's office. The statements above keynoted Dis- Repeatedly stressing his belief that trict Attorney candidate Joe Russoni- violent crime should be accorded the ello's sparsely attended speech here highest priority, Smith said he decided October 18 Competing agamst the to run for office because of his concern obviously more attractive first game of for San Francisco, and its citizens' con- the World Series, Russoniello found cern about violent crime, and because himself facing a classroom of mostly someone must restore "confidence and empty seats as he tried desperately to competence" in the D.A.'s office. get his flagging campaign off the In his 25 years with the San Fran- ground. cisco office of the State Attorney Russoniello made statements about General, Smith has gained a back- incumbent D.A. Joe Freitas' much- ground which he says qualifies him for •• touted anti-crime statistics, claiming the job of D.A. He has, among other .. that Freitas distorts or deliberately '. Joe Russoniello accomplishments, created the first Arlo Smith misleads_ For example, Russoniello consumer fraud unit and the first all the other candidates combined did ling the Bruce Jenner-Wheaties case a quoted Freitas as saying his office sent organized crime unit in California, 961 criminals to jail during 1978. but over the past 20 yearsl" chaired the S.F. Bar Association's "waste of time." He took opponent Carol Ruth Silver Smith's proposals for restructuring a check of records by Russoniello in- committee on penal reform to study to task , stating that her only real con- the office include an examination and dicated that Freitas only sent a little prisoners' grievances, and "effectively nection with law enforcement took reassessment of charging policies, over 500 to jail on convictions. and economically" administered an of- place when she wrote formal rules for organization of a Police, District At- Russoniello charged that Freitas was fice twice the size of the San Francisco a sheriffs office in 1973. in which, ac- torney task force, a review and investi- counting men charged with two crimes District Attorney's. cording to Russoniello, she specifically gation of all felony arrests which are as two different criminals_ The candidate directed the bulk of Former FBI agent (he worked on stated, ｾ ｷ･＠ will adopt the most liberal his attention toward CritiCism of not prosecuted and the "highest priori- policies in releasing criminals from the ty" emphasis on serious violent crimes, anti-KKK activities), D.A. investigator incumbent Joseph Freitas, citing a and assistant D.A for eight years , and jail," then following it up by releasing D_A.'s office which has concentrated as well as an end to plea bargaining of more convicted criminals far earlier such crimes_ When asked how he plan- most recently a panner in private on "publicity seeking instead of prose- than ever expected. He went on to say ned to end this plea bargaining, Smith practice with the Sa,n Francisco finn of cuting", attacking Freitas' failure to she even tried releasing state criminals replied that "The D.A_ should charge Cooley. Godward, Castro. Huddleson, prosecute 25% of all felony arrests as currently in the sheriffs custody on only what he can prove, and be and Tatum, Russoniello pulled no the "highest in the state," chastising sheriffs parole, but a Superior Court prepared to prove what he charges." punches on his opponents_ He stated the present D.A. for his plea bargain- ｣ｾ＠ Continued on back page Continued on back page that he "tried more this year than ing of major vjolent crimes, and label- ｐ｡ｾｉＢｯ＠ Hall'n,. LiJw Nrws -

Editorial Is Proposition R a Apology didn't rent control panacea? By Robett DeVries situation. As Anne Kronenberg, a San Franciscans are being offered a member of the existing Rent Arbitra· go far enough solution to the City's housing crisis on tion and Stabilization Board, said in this year's election day: Proposition R. endorsing Proposition R: Prop. R is a comprehensive housing "I joined the Rent Board because I WhaJ is the proper reaction, on the would look the other way when these ordinance which includes effective wanted to give the [Supervisors'] or· part of the school administration, to a students are insulted by racist or sexist rent control and would generate funds dinance a chance, but it has become professor's comment, made in the remarks. Logically, discouraging pro- for low and moderate income housing. obvious that the present ordinance ia classroom, which students interpret as fessors from making such remarks The proposed ordinance has wide- not adequate." racist or sexist? Does an "institutional would promote the same affirmative spread support and has been endorsed Arbitrary evictions, a fear lived with apology" suffice if motivated by a de- action goals. by Congressman Phil Burton, Assem- by all those who rent, will be elimi· sire to end discussion of the matter When the administration takes no nated by Proposition R. Proposition among students, so that they can get more than a non-committal stance on blyman Art Agnos, Supervisor Ella R on with their studying? I don't think so such an issue, serious questions about Hill Hutch, Commissioner Jule provides that tenants can not be evicted except for a just cause like not for the following reasons. Hastings' real commitment to affirma- Johnson, and Director Will Ussery. First of all, one of the primary pur- tive action are raised. Further, Community leaders endorsing the paying rent, causing substantial dam· poses of education is to broaden stu- Prunty's virtual inaction undermines proposition include Reverend Cecil age to the apartment, or the landlord Williams, Doris Ward, and Mary Vail. moving into the unit. If a tenant has to dents' minds; to encourage them to the supportive atmosphere that the ad- ｾｲ＠ think for themselves and to evaluate ministration should be striving to No one disputes that San Francisco move a reason that was not his or individuals as individuals rather than create for minority and other disad- is in the midst of a severe housing her fault, the landlord would have to as undifferentiated members of classes vantaged students. crisis. Average rents in the City have pay the moving expenses. with class traits. Professors' comments For these reasons it is critical that a increased 50 to 75 % in the last three Proposition R protects tenants from which indicate that one race, sex or school take a firm stand in making it years. The rate of evictions has nearly unreasonable conversIOn of their ethnic group is inferior to another clear to its professors that possibly rac- tripled since 1971. The number of va- apartments into condominiums. Effec· should be discouraged by school ad- ist and sexist comments will not be tol- cant rental units is less than 3%, fully tive controls, requiring that 80% of ministrations. The administration's erated. 2% below the HUD definition of a the tenants be willing to purchase their position is of the utmost importance Did Dean Prunty take such a stand CflStS condition". The only new converted units, will slow down and because it establishes the tenor of in issuing his apology with regard to buildings are, almost exclusively, high control displacement of tenants student-faculty interchange. It is the Professor Arthur Sherry's "darkies" re- cost condominiums. Most families in through condominium conversion. responsibility of the administration to mark to his Criminal Law class Sep- San Francisco are now paying well San Francisco's housing crisis can be ensure that this communication is as tember ll? over 25% of their income for housing. solved only if the supply of housing is productive as possible. In a memo to the faculty, Prunty Marion Webb, 76 year-old supporter increased. Proposition R addresses this Secondly, a student has a hard time describes the incident as "venial in of Proposition R, summed up the by establishing a Housing Opportunity learning from a professor who has be- nature." The term venial implies that situation. Fund. Unused hotel tax monies, ear· littled the race, sex or ethnic group to the remark is easily forgivable and that "They won't let me live here, but I marked for Verba Buena replacement which s/ he belongs. Racist or sexist it is of minor importance. Prunty also can't move. There's nowhere to move housing, would go into the fund. The comments do not create a classroom indicates that student reaction to the to at rents I can afford. My only in- proceeds from the sale of revenue atmosphere that is conducive to learn- remark was "vindictive." come is my Social Security check of bonds and Community Block Grant ing or to the free exchange of ideas. The general tone of the apology is $359 each month. My rent, which was funds which are allocated for housing Altho'ugh academic freedom should be that the remark was only a minor $110 five years ago, is now $305, and would add to the Fund. These monies encouraged and wide latitude alIowed transgression and should not be blown has been raised eight times in five could be used only to build or rehabili- to express even unpopular ideas in the out of proportion or be allowed to dis- years. I've lived in my apartment for tate low and moderate income hous- classroom, such freedom of expression rupt the "harmony and trust" of the 29 years. At 76, and living alone, I ing. The Fund would be administered should stop short of demeaning, racist Hastings community. sinfply have to help pass this initiative. by the Mayor's Citizen's Committee on remarks. This language does not indicate I can't afford not to." Community Development. Proposition Next, it seems somewhat hypocriti- stem disapproval on the part of the Proposition R offers Marion Webb, R would also increase and improve cal that a school which enrolls substan- administration. Rather than criticiz- and all San Francisco residents who housing supplies by calling for the tial numbers of women and minority ing Professor Sherry for his insensitiv- are facing increased housing costs, im- speed up of the building permit pro- students, presumably because it is ity in making the remark, Prunty indi- mediate and 19n9 .term relief. Proposi- cess, the encouragement of in-law committed to affirmative action goals, cates that the students are quite pos- tion R will increase the supply of hous- apartments, and the use of surplus sibly overreacting and should simply ing for low and moderate income peo- City-owned property for housing put the matter behind them and get pIe. It includes effective rent control development. back to their law books. provisions which will allow rent in- Proposition R is comprehensive and Prunty misses the point. The atti- crease only to cover a landlord's actual attacks San Francisco's housing crisis tude of the Hastings' administration, increases in costs. If a landlord felt on all fronts. It was drafted by one of as reflected in its reaction to remarks that an additional increase was justi- the broadest coalitions in the City's such as the one made by Sherry, pro- fied' he would have to petition the history. Drafting took place over a six vides more insight into the peoration elected Rental Housing Board, which month period and included a process of the legal system than any number of the ordinance establishes. The Rental involving over forty organizations. Executive Editors: law school casebooks. Housing Board would be financed These organizations included senior John Lande A firm reprimand, if not an out- through a small registration fee and citizen organizations like the Gray Vicki McCarty-Englund right condemnation of the remark would not cost the city any tax dollars. Panthers, some of the City's largest would have been a more appropriate Proposition R is a great contrast to labor unions like Local 2 of the Buaineu Editot: Mimi Lavin reaction on the part of the administra- the ordinance passed by the Board of Culinary Workers, SEIU Locals 400 tion. Only then could Hastings profes- Supervisors last June. Under the and 87 and the ILWU. The Coalition Make-Up Editor: sors and students be certain - as well Supervisors' law, a landlord can raise encompassed church groups and Karl Olson as the community at large - that the rents as high as he wants whenever a neighborhood organizations like the administration does not tolerate such new tenant moves in. A landlord can Chinatown Coalition for Better Hous· Art Editor: condescending remarks in the class- raise the rent 7 -19 % (and in some ing. Regular weekly meetings were Kathy Moore room. cases 12-19%) in cases where the ten- held and fifteen public hearings on the Lon'e Eber ant already lives in the unit. He can content of Proposition R, one in each Managing Editon: Larry Bobiles. raise the rent even more to include the Supervisory District, occurred. A Larry Bobiles 1 Dana Drenkowsk, cost of any certified improvements. Dana Drenkowski detailed questionaire was distributed Dan Koller Under Proposition R, rents would and a professional public opinion poll Contributing Editon: John Lande be determined by what is fair to both conducted. The result of this substan- John Chu Mimi Lavin the landlord and the tenant in each tial public involvement was the com· Lorie Eber prehensive approach to the housing Don Hamman crisis which is encompassed by Propo- Gregory Jarrett BALSA responds to ·story sition R. This initial process ended Daniel Koller when, in July, over 23,000 signatures Malcolm Kushner The Black American Law Students And yet, the school administration has were collected to place Proposition R Chris Lavdiotis Association would like to express its never considered his statements serious Andy Niemyer on the ballot for the November 6 elec- feeling of outrage concerning racist enough to deserve more than a soft tion. Letten to the Low New. ate articlea from remarks made by Professor Sherry in slap on the wrist. The process will culminate on Itudenu. aa well aa academic ltaff are in- . front of his entire Criminal Law class. We go on record as disapproving of November 6, election day. The coali- vited. CommunicatioDi can be depcllited As Law News readers may know, Pro- the way this administration has dealt tion of organizations that developed either at the Low News office or in Locker fessor Sherry referred to Black people with professors who insult minority Proposition R and many individual .f87 (V. McCarty-Englund). as "darkies." students. We will not tolerate similar citizens are now considering their ef- This is not the first time that Pro- remarks in the future. forts on a campaign to insure the Production by Andenon GraphiCi fessor Sherry has made such racist We don't feel that a learning en- passage of Proposition R, working out remarks. He has been known to refer vironment free of racist insults is too of headquarters at 12 Valencia. Their t6 Mexican-Americans as "wet-backs." much to ask. BALSA phone number is 864-6415. October 26, 1979 Hostings Low News Page three Conference here Asians discuss their role in the Bar By Deborah Kong cept of affirmative action must be to was joined by Jerrold Ladar, a crimin- Ernest Llorente of Rhoner, Druehl and Christine Marr help and to better our communities_ al defense specialist, who said an "aca- and Llorente; Merilyn Wong of Wong Approximately 200 law students The judges also discussed problems demic bias" did exist and that he con- and Kimura; and the panel's modera- and attorneys from throughout Nor- Asian and other minority attorneys sidered it a "safe bet" to use academics tor, Dale Minami, are attorneys who thern California attended an all-day will face confronting different forms of as a beginning standard for hiring. started their practices recently_ "Asian Legal Career Conference" here racism, be it in getting past that first Other participants on the private Each expressed a commitment to October 13_ opening statement in court or in not sector panel were Bartley Deamer of the Asian community through involve- The conference, jointly sponsored being offered a partnership in a pri- McCutcheon, Doyle, Brown and Ener- ment in pro bono work and participa- by the Asian-American Bar Associa- vate firm despite excellent job perfor- sen and Marlene Litvak of the Bank of tion in community service outside the tion, was highlighted by the participa- mance, as Judge Takasugi said occur- America. legal profession. tion of seven members of the judiciary red to one of his close associates_ In contrast to their private sector One panelist said that a part-time and several well-known public and pri- How students could secure judicial colleagues, panelists on the public sec- law practice would enable her to con- vate sector attorneys_ clerkships was also discussed_ Judge tor panel down played the importance tinue teaching Asian American Stud- To a standing-room-only crowd, the Takasugi said that he reserves one slot of grades_ ies. Another panelist, stressing the panel entitled the "Judiciary" delved for a law student who failed his or her San Francisco Public Defender Jeff need to balance community work with into personal experiences of seven first year_ Brown was joined by District Attorney personal economic survival, said that Asian judges, including how they han- Two other panels discussed employ- Joe Frietas when he said that he was in- 35 % of the firm's work in its first year dled discrimination directed at them ment in the public and private sectors_ terested in hiring persons "who will not was pro bono. during their careers_ Speakers on the private sector panel tum their backs on their communi- Two panels of "Asian Attorney Ex - Participants were: Ken Kawaichi said that qualities they looked for in a ties." Ginger Lew of the Department periences, " moderated by Hastings of the Oakland-Piedmont Municipal prospective associate included confi- of Energy said she depended most third-year students Joyce Matsumori Court; Harry Low, San Francisco Su- dence, enthusiasm, the ability to do heavily upon the results of a personal and Larry Bobiles, delved into what it perior Court; Harkjoon Paik, Monter- high-quality legal work and participa- interview with an applicant. Oakland is like to be an Asian practicing law. ey Superior Court; Robert Takasugi, tion in projects outside the field of law_ City Attorney Michael Lawson said he The panelists were: Susan Eto, San U_S_ District Court; Taketsugu Takei, Students seemed encouraged by the would be most favorably impressed Francisco District Attorney's office; Santa Clara Superior Court, Stephen speakers until it was made clear that with an applicant who followed up Leeland Chu, former clerk to the chief Tamura, California Court of Appeal; personal qualities played second fiddle sending in a resume with a phone call judge of the San Francisco Superior and Thomas Tang, Ninth Circuit to class ranking_ and a personal visit. U.S. Attorney G. Court; Randall Choy, Hedani, Waki Court of Appeals_ Frank Farella, of Farella, Braun William Hunter said his office would and Choy; Roy Ikeda, Crosby, Heafey, The judges shared their varied per- and Martel, said there must be some look most favorably upon applicants Roach and May; Daro Inouye, San spectives on legal issues such as the cut-off line when a firm receives 1,800 who had experience as judicial clerks. Francisco Public Defender's Office; Bakke and Weber decisions_ At this resumes a year as does his firm _James Another panel, "How to Start a Law Raymond Gong, Department of Ener- point, many of the judges stat,ed frank- Brosnahan of Morrison and Foerster Practice," dealt with the advantages gy ; Gene Lam, Worker's Compensa- ly that they were products arid benefi- added that as a general rule, only the and disadvantages of a law practice for tion Appeals Board; Michael Lee, Lau ciaries of affirmative action_ One of top ten percent of the applicants will attorneys just admitted to the bar. and Lee; Sylvia Yau, Bank of Ameri- the judges said that ultimately the con- be asked to interview with the firm _ He Of primary consideration is the de- ca; Sam Yee, Asian Law Caucus; Lilli gree of control a private practitioner Kimura, Wong and Kimura; Garrick enjoys in choosing one's partners, pros- Lew, Minami, Tomine and Lew; pective clients and cases. Another Catherine Wong, Internal Revenue Alumni group matter to consider is that the more Service; Dean Taylor, San Francisco partners in a practice, the lower the Neighborhood Legal Assistance Foun- overhead cost for each individual part- dation; and Joe Morizumi, sole practi- lauds Anderson ner. Also, fledgling private practi- tioner. A very special dinner tribute to tioners face major obstacles to a suc- The conference ended with an in- Chancellor/Dean MarvinJ- Anderson, cessful practice because they usually formal wine and cheese reception in sponsored by the Hastings Alumni As- lack sufficient experience working the commons. sociation, will be held on Saturday, with the law. The purpose of the conference was October 27, at the Hilton Hotel in San The necessity for good business skills to provide a forum for interaction be- Francisco_ Master of Ceremonies will also was stressed. Finally, fledgling tween Asian law students and active be former California Supreme Court practitioners should not expect any in- members of the Asian legal communi- Justice Raymond L. Sullivan_ Chair- come the first nine months of practice. ty . man of the dinner committee is former The four youthful panel members, (Third-year students Deborah Kong U_S_ Supreme Court Justice Arthur J- Randall Choy of Hedani, Waki and and Christine MaTT are members of Goldberg_ A short but star-studded Choy; Norman Lew of Lew and Fong; the Asian Law Students ASSOCiation.) cast of speakers composed of prom- inent representatives of various levels of government is slated for the pro- gram following the dinner. (Due to Practical training scheduling intricacies, specific speak- ers are still to be confirmed - watch The Hastings Weekly for announce- at the State Bar ments_) The California Supreme Court has attorney, law firm or agency employ- Cocktails will be served in the Hil- approved rules submitted by the State ing the student. ton's Imperial Ballroom at 7:00 p_m _; Bar of California governing the prac- The State Bar petitioned the Su- dinner will be in the Continental Ball- tical training of law students. The preme Coun for approval of the rules room at 8:00 p.m_ Walt Tolleson and Dean Anderson rules permit a law student who has in the wake of uncertainty over the his orchestra will provide music for been certified by the state bar to repre- practical training program following a dancing between courses, "a blend of in the country, and a faculty former sent clients in court under the supervi- Court of Appeals ruling last year, in traditional music and contemporary Harvard Law School Dean Roscoe sion of an attorney. People v. Perez, that the rules were in- Pound called, "the strongest in the na- valid and that a client who had been sounds." The menu promises to be de- The state bar has conducted the law tion." represented in part by a law student licious, centered around a main course student-certification program since When Chancellor/Dean Anderson had been demed his constitutional of filet mignon and surrounded by 1970. The rules permit a student in took the helm of Hastings ten years nght to representation by counseL plenty of vintage French red and white good standing to counsel clients and to ago, the College had 1,173 students The deCision in that case was over- wines. Dress will be informal. appear on their behalf in any public and a faculty composed of 19 "Sixty- turned by the high court In April of Attorneys and members of the San trial, hearing or proceeding in a court five Club" members and 7 adjunct this year. Francisco and greater Bay Area legal or before a hearing officer, provided professors. Today, there are 1,500 communities are already turning out the student is directly supervised by an students (42% of whom are women for the event, buying up tables for en- experienced attorney who takes re- Bay cruise tire firms, eager to be present at this and 25% of whom are minorities) and sponsibility for the work. Both the special tribute to one of the most res- more than 60 full-time faculty mem- judge and the client must approve the bers, with an additional 33 adjunct announced pected leaders of The City's legal arrangement_ sphere, our own Chancellor/Dean professors and 24 instructors in Legal Yes, Hastings folks, those of you Anderson_ It is a special tribute, as this Writing & Research. In short, Dean The rules also provide that any law who sailed the Bay last year and loved fall semester marks the beginning of Anderson is the man largely responsi- student, under general supervision, it (or missed the chance), get ready to the Dean's tenth year as the tenth ble for the high-quality, low-cost legal may prepare pleadings, briefs and oth- sign up. Al Bromberg, locker 335, is Dean of Hastings, as well as the begin- education that Hastings offers today, er documents to be ftIed in court or organizing another Bay cruise similar ning of his expanded duties as Chan- as well as the enlarged physical with a public agency; conduct investi- to last year's sellout. It is tentatively cellor_ facilities and expanded role in the gations; interview clients and witnes- scheduled for early November. Inter- It is also special, as it offers an op- legal community future Hastings ses; and negotiate on the client's be- ested students contact AI. portunity for the Hastings and San students and alumni will enjoy half. All briefs, pleadings and similar Francisco legal communities to pay through the new Hastings Law Center. documents prepared by a law student Correction tribute to the man under whose lead- Tickets for the dinner are $25.00 must be signed by the supervising at- Last minute editing of the photo ership Hastings grew to be among the per person, $250_00 per table of ten. torney. Although the student is not top 15 law schools academically in the For further information, please con- permitted to receive compensation story on the Alcatraz tour left out the United States, with the second largest tact Alumni Director Sara Bruce at from a client for services rendered, he fact that the tour was organized by Phi enrollment for a full-time law school 557-3571. or she may be paid by the supervising Alpha Delta Society. Hasting' Low NftAJI

His unique style portrays an active (1978), and Keeper of the FIa".. imagination that can lend distinction (1979). Likewise, Jefferson UJed Cole even to the senectuous tune, "As Time on many of his recordings includilll Goes By," or "Holiday for Strings," his disc entitled, The Liveliest (1979), plus a deeply developed musicality released just days before his death, that enables him to ride a melody like Should you happen to run across any RICHIE COLE pensity for playing jazz reminiscent ... an expert surfer does a breaking wave. of them while rummaging through the by g. jarrett ah yes ... of the good old days. Richie It is extraordinary jazz by an extraor- browser racks at your local record Its roots run deep and wide, its Cole, a young man with multiple gifts dinarily gifted artist who takes such a store or flipping through a lucky branches have touched virtually all and a cheesy sax, is just such an artist, completely original view of traditional friend's collection, grab it and head to twentieth century music, and some- and his recent Bay Area appearance material that he may make the casual the nearest turntable. how it seems as if jazz has been with us generated the enthusiastic reception it listener accustomed to prosaic music- Fortunately for San Franciscans, longer than anyone can remember. At deserved from critics and public alike. making just slightly uncomfortable - Richie Cole's Keystone appearance. the beginning of this century, jazz Cole's swinging performances at the the way you might feel, incredulous have become special events since he music - still only in its embryonic Keystone Korner here in San Francisco and guilty, on finding a ten-carat dia- started his occasional visits a little over stages - manipulated the emotions as highlighted his stunning debut at the mond ring in a trash bin. a year ago. In his most recent perform- well as the bodies of voluptuaries in local Monterey Jazzfest in the company Cole's ascendency was assisted by his ance he was joined by local guitarist the fleshly dives of New Orleans. Its of Dizzy Gillespie, Scott Hamilton, close alliance with the late Eddie Jef- Bruce Forman, premier pianist Dick pioneers pushed their syncopated Stan Getz, and a host of others. His ferson, whose style of jazz vocalizing Hindman and drummer Les DeMerle. rhythms and earthy wails through air alto "madness" saxophone is articu- (not at all similar to Al Jarreau), If you have had the opportunity to fetid with cigar smoke and cheap per- late, seamlessly smooth, and ebullient- blended neatly with the extemporane- hear this group in person, you already fume, competing with the throaty cat- ly fluent, perhaps the freshest to make ous instrumental solos of improvisors know that it can get as swinging as a calls of scarlet women and the bellow- itself heard on the jazz scene in quite such as Charlie Parker, John Coltrane, sanctified church on Sunday and that ing laughter of pimps, professional some time. And the material, I might Miles Davis, Coleman Hawkins and it can also melt your emotions with gamblers, and their willing prey. add, is perfectly designed to show it all Horace Silver. As partners, Jefferson sounds that in the hands of lesser ar- So much for the good old days. off. and Cole wer.e perfect foils for each tists might be downright unctuous. Even more misleading than its Much like his mentor/teacher Phil other, resulting in one of the hardest- But that in itself is not a unique quali- chronicle is the music itself, for jazz Woods, who clearly ranks as the top swinging and tightest musical tandems ty. It is, however, unique - in times has over the years taken on a sound so altoist in the world, and like tenor sax- in recent jazz history. Before Jefferson whl.!1l many of the country's finest jazz radically different from its earliest ophonist Zoot Sims, every note Cole was killed this year in May, the pair players want to play pop star - to forms that many critics and musicians plays does in fact "swing". He has had enlivened every event from Eu- have a group of first-rate musicians - with some justification - feel that evolved to become a major exponent rope to Newport to the West Coast who not only value the intrinsic in- the term no longer covers the music. of the traditional swinging jazz idiom with their explosive jubilance. gredients of jazz, but employ them in a But every now and then a new artist that is characterized by purity of con- Cole has had Jefferson's singing on a wholly original manner and obviously seems to bubble up out of the vinyl tent and emotions_ He has qualified good number of his recent albums on enjoy doing so. cauldron unheralded, with nothing for almost overnight in the small coterie of the Muse record label such as New Perhaps the good old days are not so a calling card but his talent and a pro- the jazz world's leading alto players. York Afternoon (1977), Alto Madness old after all. What disqualiflcation does So you're worried about flunking out, huh? By Vicki McCarty-Englund view process, but they have no vote, Therefore, the list describes "excep- qui red to maintain an even higher av- and the petitioning student may re- tional circumstances" as "events of an erage of 68. "Look at the person to the right of quest that the student committee unanticipated and drastic or extreme- you, then look at the person to your members not be present at his or her ly intense nature occurring within a Last Resort left. Get to know each other now, be- hearing. This year's student members short time prior to or within the exam- Thanks to an idea of Professor Mun- cause next year one of the three of you are Sharon Banks and Miguel Bar- ination period which clearly and sub- ster, there is hope for the student who won't be here." quera. stantially impair the student's ability does not gain readmission by petition - Professor Kingsfield, "Paper Chase" When the Bad News to study and take examinations." to the Committee on Disqualified Stu- A death in the family alone will not Flunking. out, or "disqualification," Comes Knocking dents. This student may be allowed to n;leet this standard, but the death of as it is delicately termed at Hastings, is audit the first-year courses in which he Once one is introduced to this signi- someone living with the student will. a possible fate that is rarely overlooked or she received the unacceptable scores ficant Committee, the next important More commonly, serious illness of the by anxious students, especially anxious and take the examinations again the task is to understand its modus oper- student is an acceptable excuse. first-year students. Everybody knows following year. andi. As Professor Cohen explained it, The important determination really that law schools try to separate the Of the fifteen disqualified students students who have not earned the min- is whether the facts indicate that the weak from the champs in the first last summer, six were offered the op- imum grades at the end of their first student in question will stand a reason- year, and scores of students walk tion of re-examining. They were re- year receive letters early in the sum- able chance of graduating if readmit- blithely into summer vacation, never quired to pass each class, and attain mer informing them that they do not ted. Hastings requires that its students to be seen in the Commons again; an overall average of 70. In 1977 - 78, qualify for readmission. Included with receive an average of 70 grade points right? twelve people were given the option to the letter, lest there by any doubt, is a or better to graduate, so it is essential Well, not quite. True, fifteen first- re-examine with the requirement that copy of the student's transcript. that the Committee feels that the peti- year students received notice last sum- they score at least a 70 on courses they Also included in the correspondence tioning student will eventually achieve mer that they dij not attain the grades were taking for a second time. Of the is an attachment that explains the that mark. Professor Cohen said, "It's necessary to be automatically readmit- twelve, four did not re-examine; four guidelines for readmission of disquali- to nobody's advantage to stay in two ted to Hastings in good standing, but re-examined and, upon meeting the fied students. This attachment in- years and be held to a standard in the these people had the opportunity to conditions, were duly readmitted; and forms the student that he or she has third year that that student can never appeal. Six of the disqualified students the option to petition for readmission four failed to meet the condition. Pro- were readmitted this year, and six meet. It would be stringing them fessor Cohen added that the four who by written statement alone, or by writ- along." more have been given the opportunity ten statement with an oral hearing. successfully re-examined did "consid- to take their unsatisfactory first-year The oral hearings, the attachment erably better" the second time around. exams again. makes clear, are informal with no The catch in this option is that the New Standards for All Students Professor Marsha Cohen is the cur- sworn testimony and no transcribed re-examining student is not officially rent chairperson of the Committee on records. At the hearing, the Commit- Until this year, Hastings had a two- enrolled, therefore, that student is not Disqualified Students, and she re- tee has the opportunity to ask ques- tiered system of academic standards; eligible for financial aid. For this rea- cently to<1k the time to explain the dis- tions regarding the written petition first-year students under the regular son, students taking their first-year ex- qualification procedure to the Law and the oral statement. It is reassuring admissions program had to earn an av- ams over must usually find the time to News, offering advice for those stu- to note that the petitioners are allowed erage of 68 points, and students ad- do so in addition to holding a job. Un- dents who find themselves in this un- to bring a compatriot to the hearing mitted under the LEO P program an derstanding this difficulty, the Com- enviable predicament. either to speak on their behalf or to average of 65. NQw that the transition mittee and Faculty allow the re-exam- ining students to select individual sec- The Committee just provide moral support. At the period of Summer '79 has ended, all first-year students will be held to a tions of courses in which they will be The Committee on Disqualified Stu- completion of the hearing, the Com- mittee makes a decision in closed ses- 66.5 minimum. tested rather than enlisting, for exam- dents was established by the Faculty This higher standard for LEOP stu- ple, in all Section A or F courses. By-Laws and approved by the Hast- sion, usually by consensus, and the petitioner is informed of the verdict in dents is bound to have a noticeable ef- ings Board of Directors. This body has fect on the numbers of disqualified An Ounce of Prevention the sole power to decide whether a writing. students in the special admissions pro- A problem with the current disqual- foundering student should be given Acceptable Explanations gram. Last year, under tbe old, lower, ification process is that a student may another chance. Students have no Due process, or at least its spirit, is standard, twelve of the fifteen disqual- have no warning that he or she is in right to faculty review of the decisions bowed to in the form of a list of rea- ified students were in LEOP. Accord- any academic trouble until the flunk- of the Committee, but in exceptional sons, tragedies and eventualities that ing to Professor Cohen, if the new ing notice arrives. Members of the fac- cases the Committee itself can ask for qualify as "exceptional circumstances" standud had been used last summer faculty advice. ulty and administration are seeking to warranting a recommendation that a four more LEOP students would ｨ｡ｶｾ＠ remedy this situation, however. For Sitting on the committee this year disqualified student be readmitted. In been disqualified. example, Dorothy Makay-Collins has with Professor Cohen are Professors other words, one student cannot justify One should remember that immuni- assumed responsibility for advising Cunningham, Munster, Walsh, and his unsatisfactory performance by ty from disqualification does not auto- Whelan; Professors Hensen and Wid- students when trouble shows on the pointing to the loss of his dog when matically come with the successful en- horizon. In addition, Ray Ocampo, man filled in for Whelan in the sum- other petitioners are denied readmis- try into the second year of law school. mer's proceedings. Two students also the Director of LEOP, will provide sion after. offering .similar explana- Although significantly fewer second- support services to students on an "in- participate in the disqualification re- tions. year students disqualify, they are re- trouble" list. October 26, 1979 Page five ASH Finance Committee makes budget recoDlDlendations By Dana Drenkowski needed funding. This forces the administration to look skeptically at subsequent The very phrase "Finance Committee Meeting" conjures up yawns for most funding requests. people. But where student money goes is becoming more important in this belt. For this reason, records of spending for certain groups were carefully reviewed tightening era. by the Committee. The ASH Finance Committee met October 9 to decide what recommenda- In addition, requests for certain expenditures were denied on grounds that tions to make to the general ASH Council October 12. Hearings with campus they did not benefit all students. groups petitioning for student funds were conducted for six hours in two sessions Requests for funding of personal trips to conventions, private activities (group the preceding week, with the final decision-making being done over a three-hour members only) and capital expenditures were denied. An exception was made to period October 9. Tough decisions had to be made because there is only $8,500 recommend purchase of a ventilation system for the Child Care Center, in light to $9,500 available to meet $24,000 in requests. of the extreme need of that group and the Center's benefit to students and their The income figure is inexact because, it is calculated according to projected in- children. come from pinball and foosball machines in the Commons. The latter machines Finally, because of the acknowledged fact thatJmany campus groups will not are being stuffed with newspaper by students to prevent game balls from re- spend as much as they are appropriated, requests for large expenditures (such as entering the machine, allowing play without paying for it. This robs ASH of one conferences) were deleted, with instructions to the requesting group to bring a of its chief sources of funding for student groups, Frank Chmelik's treasurer formal request to ASH once plans for a conference are solidified and when ASH report to ASH said. can determine which groups are not spending all funds alloted to them . These Budgets presented by groups varied widely in their estimates of common op- funds can then be diverted through escheatment to the requesting group erating expenditures, and Committee members scaled down many of those The budget recommended to ASH came to about $8 ,400 , not including the estimates to a median level. Many campus groups receive some funding from separate allotment to the child care center ventilation system _ sources other than ASH, while some rely entirely on ASH for support. Members of the ASH Committee are: Frank Chmelik (Chair), :l.ftgue1 Bar A major problem for ASH is the fact that many campus groups spend less than quera, Alan Bromberg, Dana Drenkowskl , John Hayden, Eric Liberman . \ 'aleta the amount of money they are appropriated, thus depriving other groups of Smith-Wilde, Madeleine Stephens. Sue SWIft , and Thomas Volkman . CommunityCalendar----- OCTOBER 27 31 Margaret Jenkins Dance Co.; 1590 15th St., 8:30 p.m. (dance) HALLOWEEN I 24 Golden Gate Park Tour; from McLaren Lodge, 10 a.m. ; from Rose New German Experimental Films; 5 Latin Music and Jazz, Open Mike; Garden, 2 p.m. Pacific Film Archive, Berkeley, 7:30 Mission Cultural Center, 2568 Mis- "Meeting the Needs of Women p .m. (film) 6 sion, 8 p.m. (music) Scholars"; 5th Floor, Golden Gate "He Who Gets Slapped" - with Lon "Social Studies" - Fran Lebowitz; Ol- "Bye-Bye Bavaria" & "The Coman- University, 9:30 a.m. to 4 p.m. (work- Chaney in silent role; Pacific Film Ar- ney Hall, College of Marin, 8 p.m. che"; Wheeler Auditorium, UC shop) chive, Berkeley, 8:30 p .m. (film) (lecture) Berkeley, 7:30 p.m. (film) "Children of Divorce" - Joan Kelly, Bob Dylan; Fox Warfield (music) Ph.D.; College of Marin, 9:30 a.m. to 25 4 p.m. (workshop) "Today's Italy: Facts and NOVEMBER 7 Count Basie and Henny Youngman; Trends"-Paolo Pansa, Italian Ambas- "Problems of Rearing Mentally Marin Veterans Auditorium, 8 p.m. 1 sador; Holiday Inn, Union Square, Healthy Children" - Dr. Bruno Bet- (music & comedy) 4:30 p.m. (lecture) "Marilyn Beck's Hollywood: The telheim; Olney Hall, College of Marin, "Superman"; Cole Hall, UCSF, 7 & Difference Between Gossip Be News"; 8 p.m. (lecture) "Annapurna - Women on Top"; 9:30 p.m. (film) Olney Hall, College of Marin, 8 p.m. Cole Hall, UCSF, 8 p.m. (slides & lec- (lecture) Bob Dylan; Fox Warfield (music) ture) "Diary of a Lover" - Sohrab Sahid Saless; Pacific Film Archive, Berkeley, Bob Dylan; Fox Warfield (music) "Financial Planning" - Irwin Safdie; 8 7:45 p.m. (film) Margaret Jenkins Dance Co_; 1590 HSE #336, UCSF, 7 p.m. (lecture) Jazz at College of Marin; Fine Arts "The Magician" - Bergman; Harney 15th St., 8:30 p.m. (dance) Gospel Clouds; Millberry Union Theatre, College of Marin, 8.30 p.m. Science Center #232, USF, 10 a.m. Lounge, UCSF, noon (music) (music) (film) 2 Margaret Jenkins Dance Co.; 1590 "Greed"; Pacific Film Archive, Advanced Instrumental Ensemble; 15th St., 8:30 p.m. (dance) Berkeley, 4 p.m. (film) 28 Fine Arts Building, Choral Hall, Col- "A Simple Event" & "Lotte Eisner" Golden Gate Park Tour; from lege of Marin, 8 p,m. (music) "The Dinner Party" - Demetrakas; Olney hall, CoIlege of Marin, 8 p.m. -Sohrab Sahid Saless; Pacific Film Ar- McLaren Lodge, 10 a.m.; from Carmen McRae; Fine Arts Theater, chive, Berkeley, 7 p.m. (film) Angler's Lodge parking lot, 2 p.m. College of Marin, 8 p.m. (music) (film) "Nevelson in Process," "Spirit Cat- S.F. E"aminer Pumpkin Carving Bob Dylan; Fox Warfield (music) cher - The Art of Betye Saar," & Contest; The Cannery 9 George Marsh, percussionl Mel "Never Give Up: Imogen Cunning- Rodney Franklin Quartet; Bear's "The Majestic Rhine"; Fine Arts Graves, bass; 1750 Arch St. , Berkeley, ham"; Olney Hall, College of Marin, Lair, UC Berkeley, 8 p.m . (music) Theatre, College of Marin, 2 p.m. 8:30 p.m. (music) 8 p.m. (documentary) (documenta ry) Ed Kelly, pianist; 1750 Arch St., Margaret Jenkins Dance Co_; 1590 Berkeley, 8:30 p .m . (music) 26 Films Photographed by John Alton: 15th St., Ｘ ｾ ＳＰ＠ p.m. (dance) "Mystery Street," 4:30 p.m. & 9:35 Margaret Jenkins Dance Co_; 1590 "Through a Glass Darkly" - Berg- "Who's Minding the Customer?" p.m., "The Devil's Doorway," 6:10 15th St , 830 p .m . (dance) man; Campion Hall #3, USF, 7:30 -Stanley Marcus; Sheraton Palace Ho- p .m., and "Take the High Ground," Oberlin Dance Collective: Carol p.m. (film) tel, noon (lecture) 7:45 p.m.; Pacific Film Archive, Law Be Charles Amirkhanian; SF "Reproductive Rights: The Con- Berkeley (film) 3 Performance Gallery, 3153 17th St., tinuing Struggle"; S.F. Socialist 8:30 p.m. (dance) Karen Atth Be Sheli Nan in Concert; School, 8 p.m. (lecture) 29 "Winter Light" & "Virgin Spring" Old First Church, Van Ness at Sacra- "Women Artists in History"; HSW -Bergman, Harvey Science Center Karen Attix Be Sheli Nan in Concert: mento, 5:30 p.m. (dance & music) Dance & Piano; Old First Church, #301, UCSF, noon (slides & lecture) #232, USF, 7.30 p.m. (film) Advanced Instrumental Ensemble; Van Ness at Sacramento, 8:30 p.m. San Francisco Contemporary Music International Mountaineering Film Fine Arts Building, Choral Hall, Col- (music) Playen: An Evening of impression- Festival; University Theater, Berke- lege of Marin, 8:30 p.m. (music) Richie Cole's Alto Madness; Bear's ism Be Nco-Impressionism; Green ley, 1 p .m. (film) Lair, UC Berkeley, 8 p.m. (music) Room, SF Museum of Modem An, 8 Bob Dylan; Fox Warfield (music) Tom Buckner, tenorl Alden Gil- p.m. (music) Margaret JenkiDJ Dance Co.; 1590 10 christ, piano; 1750 Arch St., Berke- Ralph Stanley; Great American 15th St., 8:30 p .m . (dance) ley, 8:30 p.m. (music) Music Hall (music) "Through a Glue Darkly" - Berg- man; Campion Hall #3, USF, 10 a .m. "Superman"; Cole Hall, UCSF, 7 & 11 9:30 p.m. (fUm) 30 (film) Art in the Alian American Commun- Margaret JenkiDJ Dance Co.; 1590 'San FrancUco Zephyr" - Bastian International Ski Film Festival; Uni- ity; Student Union, SF State, noon 15th St., 8:30 p.m . (dance) Cleve; Pacific Film Archive, Berkeley, versity Theater, Berkeley, 1 p.m. workshop presentation) Oberlin Dance Collective: Carol 7:30 p.m. (film) GAM (film) Fantastic Animation Festival; Cole Hans Christian Anderson Fairy Law Be Charles Amirkhanian; SF "On the Move" - Adolf Winkelmann; Performance Gallery, 3153 17th St., Pacific Film Archive, Berkeley, 9:30 Hall, UCSF, noon (film) Tales; Olney Hall, College of Marin, 1 p.m. (fUm) 8:30 pm. (dance) p.m. (film) "Nosferatu" & "Night of the Living Dead"; Cole Hall, UCSF, 7 p.m. &: "The Splendon of Spain" - Eric "The Magician" - Bergman; Harney 4 Pavel, Fine Arts Theatre, College of Science Center #232, USF, 7:30 p.m. 8:15 p.m. (film) Bob Dylan; Fox Warfield (music) Marin, 2 p .m . (documentary) (fUm) ｐＮｾＮｩＢ＠ H ...tings lAw NftUS October 26,1979

A vet looks at 'Apocalypse'

The question of Colonel Kurtz's per- helicopter was a true symbol of By Dana K. Drenkowski sonal madness becomes more under- America's technological contribution "Coppola portrayed the war as we standable and less relevant as Captain to that war. And Coppola's use of fought it in our imaginations. " Anony- Sheen journeys upriver on his own trip them in the film was both masterful mous Vietnam Veteran into madness itself, studded with sym- and believable, unlike some of the Apocalypse Now is herel And so are bolic traps and events - the trip being ground combat scenes. Ｕｾ＠ million Vietnam veterans, many one vast symbol of man's journey into At times painful. at times satisfying, of whom are eager to see how the war his heart of darkness, the name of those flying scenes did serve to spark was portrayed by Francis Ford Cop- Conrad's novel on which the film is memories. More painful and thought- AskMac __ pola. Approaching the movie from a based. provoking memories were aroused by veteran's point of view, this correspon- The paradoxical situations existing the tense tragic scenes of the search of Dear Mac: Is there really a film dent canvassed several others "who around Willard accurately reflect the a sampan by strung-out and exhausted called The Three Stooges Meet had been there" to find their impres- nature of that bitter war, so little un- soldiers too scared to err on the side of Hastings, and if so, where can it be sions. But such an approach is mani- derstood by Americans even now. patience. In war, patience is a deadly seen? festly unfair both to the millions of vets Right and wrong eventually seemed ir- vice-. -IB BIB BIB BIB BIB - none of whom elected me their relevant moral concepts to members Perhaps indicative of the difficult Dear Ib: Yes, this 1939 feature- spokesperson - and to the movie it- fighting in that war. Men ended up choices made by small unit leaders in length Stooges film really exists but self. Therefore, the comments, except like Captain Willard, trying their best combat was Willard's frightening en- copies are extremely rare and lie only where noted, represent only one veter- to hang on to the last vestige of ideal- counter and decision concerning a ci- in the hands of a few private collec- an's point of view, with advice from ism they came with: their concept of vilian seriously wounded by his men's tors_ The film concerns an experiment others. duty. But that concept, as the war errors. In his diary-like narration, in which three chimpanzees are admit- There were technical problems in rambled its confused way and Willard Willarf} said the men could never look ted to Hastings College of the Law in the usual areas former military folks his, begged the question: what duty? at him the same way again, after he order to upgrade the student body. have come to expect from Hollywood: Although the portrayal of combat coldly made the decision that kept the Typical foul-ups in the registrar's of- the wrong units used for certain jobs, scenes was impressive, Coppola's vision search for Kurtz on track. fice cause the mistaken admission of the wrong patches and medals on uni- of war was sometimes near-sighted. Apocalypse Now does not carry the Moe, Larry and Curly instead of the forms, and so forth. In other movies, This writer's humble experiences with emotional impact of The Deer Hunter chimps and mayhem results. Film we've accepted these errors. But at $33 ground combat indicated that, when nor the hard reality of the aftermath buffs treasure the picture for its rare million per movie, the minor errors the lead was flying, folks everywhere of war on the injured participants il- footage of 65 Club members in their should not be present. Of course, the were either busy slinging it back, or lustrated in -Coming Home. Perhaps late twenties. (Some say this film is the average viewer will not be distracted were intently pursuing intimate rela- the best movie to show the moral di- only proof they ever were in their late by such oversights - and we are soon tionships with whatever nooks and lemmas and frustrations suffered by twenties.) Despite early box-office suc- caught up by Coppola's expert story- crannies Ma Earth had to offer for soldiers in the Vietnam War was the cess, the film was abruptly removed weaving in the tale itself. protection_ Holding a mass in the little-known Go Tell the Spartans, from circulation shortly after release And what a story it isl Puffed-up by midst of a combat scene may have However, the visual panorama in A po- due to protests by chimpanzee groups Madison Avenue hype as an anti-war been a nice theatrical gesture, but in calypse Now is impressive, although at around the world_ They denounced movie whose message transcends the reality, not too many people want to times unrealistic_ The movie -is not as the movie as an unfair, inaccurate and Vietnam war it portrays, it instead de- stand or kneel in the open during a thought-provoking as the other three demeaning portrayal of chimpanzees livers a strong image of the general firefight just to pay their respects to on Vietnam just mentioned and, once as creatures that would actually con- confusion and moral malaise faced by their Maker whell such acts might again, leaves the viewer with Holly- sider attending Hastings College of the participants in the recent Southwest bring about a premature meeting with wood's image of all American Vietnam Law. Asia War Games (in which the U.S. same. Veterans as twisted and abnormally Dear Mac: What's the difference took second place). However, the extreme confusion, disturbed individuals. This doesn't do between a red-hot and a moron? The main character, Captain Wil- rapidity of action, and the shocking justice to the vast majority of Vets who -ONE OR THE OTHER lard, played by Martin Sheen, is a pro- surprises combat had to offer were did their jobs and returned to blend Dear The Other: A red-hot writes fessional , formerly idealistic Army of- done quite welL As a former combat back into U.S. society. down every case cite and law review ar- ficer handed an incredible mission: to pilot, I was particularly moved by the Overall, the movie was trying to go ticle mentioned by a professor during "terminate with extreme prejudice" accurate illustration of the pilots' jobs, deeper than just provide entertain- a lecture and a moron looks -all of another formerly idealistic fellow offi- as the viewer eavesdropped on the heli- ment, though in some aspects it failed them up. cer gone mad. The euphemism used in copter pilots' radio conversations, lis- to live up to its promise. As one viewer the movie for the order to kill came di- tening to the bets and offers of a beer said, the end seemed a little hollow, Dear Mac: Under California's rectly from CIA instructions given for a good shot on a hard target or an after all the build-up, but the same community property laws, when a during that Late Great Hate, adding a enemy gun, the quick detached assign- could be said for that war, too. Per- couple splits up, who gets custody of realistic touch with an undercurrent of ment of targets as they appeared, the haps the hollow feeling was the pro- the plants? irony. The term reflects the coldly excited exuberance over a good hit, -NIPPED IN THE BUD ducer's intent, reflecting on T .S. businesslike attitudes developed by and the matter-of-fact tones of one Eliot's poem based on Conrad's book: Dear Nipped: The law is not clear men whose job was to kill, but who pilot announcing to whom it may con- This is the way the world ends. Not on this point, but more important were unwilling to simply say "kill". cern that ''I'm hit. I'm going in _" The with a bang, but a whimper. than preservation of plant ownership is preservation of plant life. Breaking up is a time of stress for all the parties in- volved' but the often silent victims of an ended relationship are the former Answering Service,______couple's plants_ Fear is the basic ele- ment sapping a plant of vitality at this by Don Hamman in the future. Dear I. W.: time; fear and insecurity at the im- At the present, Hastings is governed The Thurston Society is a "legal pending and unknown change. Studies Questions of general interest by the same general laws as the scholarship society" unique to Hast- show that an open, understanding ap- should be addressed to Answering University, degrees are awarded by the ings. Students are "elected" if they are proach is essential in minimizing the Service and submitted to the Law University, employees participate in in the top 5% of their first-year class negative impact of a break-up on your News office or locker #1078. Replies the UC retirement system and our or within the top 10% after two years plants and communication plays a are subject to the availability of Chancellor/Dean is a member of the or upon graduation. The emphasis vital role in this process. Keep your space and answers. UC Academic Senate. In addition, upon grades is perpetuated by the na- plants informed of new developments Dear A.S.: Hastings has traditionally contracted tional honor society, Order of the and calmly explain why things are What exactly is the relation of with UC architects and engineers and Coif, which elects up to 10% of the changing. Don't allow your plants to Hastings to the University of our health services are provided by graduating class "who rank highest in feel responsible for the failed rela- California? contract with UC San Francisco. Each scholastic attainment . .. tionship or they will begin to droop J.S. campus of the University is a separate with guilt. It's also good to water them Dear ].S.: entity for professors exerting tenure once a week. According to California Education and since 1976 the title to Hastings Code section 92201, Hastings is "af- property has not been in the Regents. filiated with the University of Califor- Until recently, the capital outlay of the Help nia and is the law department College was handled as a separate part Attention, thereof" Presumably, the details of of the University budget and our the affiliation were to be negotiated by Chancellor is responsible for negotia- wanted the Boards of the two institutions but ting with the California Department of The Law News is a student news- writers no agreement has ever been recorded Finance and the Legislative Analyst as paper; this means that students are Articles that have been submitted to manage the business of the College well as making presentations before invited to read it and wn'te for it. If to the Law News and printed in the in a Board of Directors separate and the legislative committees. you would like to work with the Law paper, or not, are available to be distinct from the Regents of the Uni- Dear A.S.: News staff in any capacity, please picked up by their authors_ They versity of California. Thus, it would be During interviews I have noticed drop a note in Locker 487 or speak can be found in the Law News box more accurate to say that there exists a that many of the Hastings graduates with one of the editors. Freelance in the basement typing room. Any de facto affiliation developed over the are members of the Thurston Society pieces are always welcome, too, 50 articles not claimed in two weeks past 100 years and the precise nature and the Order of the Coif. What are share your creativity with the rest of will be tossed. of the present relation is probably dif- these and how do I join? us_ ferent from that of twenty years ago or I.W. ()ccober 26, 1979 Hasti",. Law News Pageoevcn Have a ball at V.C. Medical Center UCSF's Guy S. Millberry Union is offering nearly everything a law stu- dent could desire for organized' social, recreational or intellectual diversion from the rigors of law school. Located at 500 Parnassus Ave., the Medical Center's student union has a swimming pool, weight room, gym. nasium, saunas, racquetball and squash courts, exercise rooms, ping pong and billiards tables and full locker room facilities - all of which can be used for the fee of one dollar per day upon the presentation of a Hastings student body card. Organized activities include inner tube waterpolo, dance classes, fenc· ing, volleyball, badminton, jogging, racquetball, basketball and weight training, but there is a fee for the in- struction involved. Athletes should be warned that locks are not provided, towels may be rented for 25 cents anq racquetball courts cannot be reserved by Hastings students. The more adventurous among us can check into the classes offered in scuba, sailing, hang gliding or wilderness medicine. Entertainment is also available at reduced rates in the forms of films and live performances. Films scheduled for Don Hamman, left, and Mark Cameron present a big YMCA is sponsoring advanced volleyball Monday nights the next month include Superman, block in recent USUBA tournament action. The Central from ＶＺｾＰ＠ to 8:00 and USUBA teams will be forming. Night of the Living Dead, Norma Rae, Five Easy Pieces, and An Unmar- ing Arlene Blum entitled Annapuma. by everyone. If any of this tickles a fan· 666-1800 , UCSF's Recreation Depart· ried Woman for the price of two Women on Top. cy or nurtures your curiosity, detailed ment. If it does not, what is wrong dollars. Two of the performances Millberry Union is easily reached by information and a spot on the mailing with you? New classes will be forming slated are the Bill Evans Dance Com- public transportation and provides low list of the quarterly event and activities in the winter so call now for complete pany and a lecture/slide show featur- cost entertainment that can be enjoyed newsletter is yours for a phone call to information. Skydivers get high more often Blasting get on with it. The first thing they tell swept up by the thrill of anticipation. vidual experiences available. The Some of those who are really into it you, after you've paid your fee, is The training in the hot sun and the sounds of the plane had receded, and call it "blasting." It happens near out· that, although you may get to jump several unsuccessful attempts were the nearest person was a bit less than of-the-way towns like Antioch or that same day, the chance is that you washed from my mind as the rolling ｾＬｏｏｏ＠ feet below. There was no real Napa, amidst gently rolling grassy hills won't. Immediately they warn you that hills of Antioch grew smaller below. perception of movement. It seemed and wide sweeping valleys. You're it's going to be a long, draining day, There was no way out of this plane but like I was just hanging alone in the sky. standing there in the heat; almost no and that if you are not physically and down, so I resigned myself. We ap- Upon checking my canopy, I discover- wind is blowing when a faint hum mentally up for it, to go horne and for- proached the drop zone, and David ed that I had had a minor malfunc· comes to your ears. The hum slowly get it. After this intial bummer state- was told by the jumpmaster to swing tion. My chute had become twisted, turns into a drone, and looking up- ment, the intro speech begins. Of his legs out of the plane. He sat on the and I was slowly spinning like a yoyo at wards, you spy a small black dot far course, the Thrillseeker is a bit put off. ledge for only an instant, then sud- the bottom of a string. I could not away in the sky. There's some activity After watching the advanced skydiv- denly the jumpmaster shouted, "Go!" reach the toggles, which were my only on the dot, and' the next thing you ers, all you want is a few minutes of There was no time to think, and the means of controlling the chute, so I know, some smaller dots pop out of the brief instruction and a ride up. How- next thing I knew, I was watching climbed up the nylon lines, grabbed larger one's belly. As the plane passes ever, after a grueling day of covering David drop away from the plane, his the toggles, and pulled outward. This overhead, you see a gaping hole in its the myriad of things that can go eyes looking upward, his body spread- spun me around rapidly several times side, through which it has jettisoned its wrong, you are most assuredly glad eagled. In a matter of seconds his until everything was straight. cargo. Your eyes veer back towards the that you have been adequately drilled chute opened and I watched him drift Next, I begm a surveillance of my tiny dots as they draw nearer. and prepared. Indeed, there are so away. surroundings. The sun was setting over many things to learn that first day that the City, bathing the grassy hills in a Flying Calvacade My Turn you almost want a few days to let it warm orange glow. This was an alto- Well, if his chute opened, mine was The dots converge and fall as one sink in. I said almost, but what you gether unique thrill, looking down. I bound to also. They hooked me up to for a few seconds, then dislodge and really want is to get up into that plane felt the first twinge of fear since leap· the static line, and I edged towards the shoot off in different directions. Sud- and "blast." ing out of the plane. I saw trees and ledge. The other, more advanced div· denly, the single dots explode in a The Waiting farms, and a lake, but I didn't know ers spoke heany encouragement, and flash of color, parachutes popping Due to wind conditions, the Thrill- where I was . I turned in all direction soon I swung my legs out to flutter open, arresting their descent. As the seekers did not get to "blast" that same until finally , far below and East, I ｾＬｏｏｏ＠ feet in the air. I was ready, no divers swim into focus, there is a bril- day. The head instructor at Antioch spotted the airport. I knew the landing fear now because I wasn't tuming liant arrangement of colors. Like a will not permit any first-time jumpers zone could not be too far away, and back. I was patted on the back and the rainbow, their canopies and jumpsuits to dive in over 10 mph. winds. After a there it was. From that point I just en- jumpmaster shouted to go. look glorious. Next, you are impressed few abortive attempts to dive, we fmal- joyed myself, towing with the controls, My initial barbaric scream was swal- by the stunts to which you are a wit- Iy arrived on a vinually windless day. trying to swing a bit, while carefully lowed up as I dropped like a stone ness. Hanging from special parachutes By this time, only two Thrillseekers maintaining the right course. The last through the sky. The wind howled as that are shaped like the wing of an air- were left, David and myself. ｾｏｏ＠ feet came on a lot quicker than the plane, the skydivers swing like pendu- the scene rushed by in fast motion, dis- rest. I landed just as I had been taught The Ride Up orienting me and making my eyes lums, sometimes making complete to do 100 times in practice, caught up After the magic words were uttered, water. Spread·eagled, I screamed, loops. They race diagonally across the my chute, and looked around for "Suit up," David and I were ready in a "One thousand! Two thousand! Three sky, moving forward at a speed of up David. He was one huge grin, and I flash. Our chutes fully checked, we to 25 mph. The envious thrill of thousandl Four thousandll . Where imagine that I was, too. We walled climbed into a plane with three other watching this adventure makes your the fuck is the chute?!" Just as my body back the trail to the airport, where the jumpers, packing ourselves in like sar- eyes bug. Landing as on a hanglider, leveled out horizontally, the chute owner of the school gave us both a shot dines. Since David and I were to jump popped. Suddenly, it was as if God they softly touch down. Those who are of Cuervos Gold. ｾＬｏｏｏ＠ on the ground bundle up their equip- at feet, a lower altitude than the had reached out and clutched me In sum, I must say that my first ment and begin the shon walk back to other, more experienced divers, we sat from the sky, yanking me backwards jump left a deep imprint on my mind_ the airpon, all vibrantly beaming next to the open wall of the fuselage. and upwards. The sound and sensa- I still get excited thinking about it, smiles and excited conversation. David had won the toss, and was to go tion of slowing reminded me of a jet first. As the plane staned down the hitting reverse upon Landing. and I know I'm going again soon. I'd The Training runway, he said jokingly, "There's no honestly recommend it to anyone, These were my first impressions of a way you're gonna get me out of this Serenity whether it be for the ultimate thrill of span I had corne to learn, and along plane." The contrast to falling was stanling; rislung your life, or for the unqualified with my fellow members of the Kappa As soon as the plane began to lift, I the silence was palpable. Skydiving has beauty of the moment when it's just Alpha ThriIlseekers, I was anxious to lost all ｦｾｬｩｮｧｳ＠ of anxiety, and was got to be one of the most peaceful indio you alone hanging in the sunset. ｐ｡ｾｾｩｧｨｬ＠ Hostings lAw News

Russoniello lashes out at Freitas Continued from page one the wrong verdict, Freitas washed his would ask the courts to require parents as writing briefs, asslstmg in actual judge threw her plan out. hands of it, using the other attorney as to be present during all juvenile hear- trials, research and so forth), rather Aiming next at D.A. candidate and a scapegoat and saying to all concern- ings for their children. When they than as counselors to victims as they Assistant State Attorney General Arlo ed that he had put "his best man on start spending days away from their are used now. Smith, Russoniello charged that Smith it," therefore, what more could he jobs, losing pay, they will presumably In this fashion, the D.A. could look had nothing to do with criminal prose- have done? come to realize that it is their respon- over students in the same fashion as cutions and in fact spent most of his Russoniello also alleged the connec- sibility, not the State's, to know where private firms, picking out the ones the time in the Attorney General's office tions between Freitas and the Peoples their children are at all times, D.A. thought would make good public writing briefs. Russoniello further Temple were never adequately investi- Russoniello said. prosecutors and approaching them stated that Smith was cljliming great gated, charging that Freitas took poli- Claiming that methadone clinics with job offers during their last year in personal conviction records in court tical advantage of the support Jim were contributing to drug addiction, law school. cases, implying himself to be a great Jones and the Peoples Temple had to Russoniello charged that addicts were In turn, students would be in a bet- criminal trial lawyer. Russoniello offer. Russoniello stated he felt it was going to the clinics for the required ter position to make career decisions, challenged Smith to produce a single unbelievable that the hour the jury dosage in the mornings to obtain a having had real experience in the types case he had tried in any court in the was handing out guilty sentences for "coming down" fix from the heroin of work they would be expected to do. land, claiming Smith was misleading the Death Angel group of the Black high of the night before, then taking Thus, there would be no surprises or the voters because he never tried a case Muslims in the senseless "Zebra Slay- home the methadone dosage for the disappointments to either party in the anywhere in his life. ings" of non-blacks, Freitas was in Los evening as authorized by law, and sell- arrangement. This led Russoniello to his biggest Angeles for a joint Peoples Temple- ing it to other addicts to use for "com- Russoniello said he wanted to put target, incumbent Joe Freitas, who Black Muslim dinner, praising the two ing down." They would use the profits police on the victim counseling job, to Russoniello also says has never tried a organizations. from the proceeds to help buy their create bridges between the police and single criminal. case. Freitas, accord- On a more positive note, Russoni- evening heroin fix. the community they serve. ing to Russoniello, is a pure politician. ello said he would reorganize the He claimed that 92% of all crime on Russoniello supports the death pen- This lack of experience resulted in D.A .'s office, throwing out the the streets is related directly or in- alty in certain cases, and says he would Freitas taking the "Metergate 12" "political hack administrators" he directly to drugs, and he pointed to his 'ask for it as D.A. in those cases. defendants to court and only winning alleged we\e hired by Freitas. He went own record in the D.A.'s office in get- Contending there are no legitimate one conviction, blowing the Muni on to illustrate his point, claiming that ting more narcotics convictions than uses for them, Russoniello would ask driver skim-off cases without any con- the present D.A. man at Juvenile hall any other assistant D.A. He stated he for a law banning all .22 handguns, victIOns, the infamous "Wheaties who decides who to try and who not to would either get the drug addicts into calling them "Saturday Night Spe- Case", and his crowning achievement was nothing but a public relations real treament programs, or he would cials. " in the D.A.'s office: the Dan White man who owed his appointment to the get them off the streets for the safety of The meeting ended as Russoniello case. fact that he was Freitas' speech-writer others. went to catch the latest news, in which Russoniello claimed Freitas public- during Freitas' campaign. Russoniello Russoniello charged a high turnover it was announced that the grand jury ally announced, for political reasons, said he would replace these "hacks" rate in the present D.A.'s office was refused to indict the incumbent D.A. that he was "taking over the case with competent criminal attorneys. causing continuity problems and of- for perjury and that a recent poll had against Dan White," although he had The comment about Juvenile Hall fered to solve this problem by chang- Russoniello trailing a distant fourth no trial experience. Freitas then kept led Russonie)lo to another point: ing the way attorneys are hired. behind Freitas, Smith and Silver, with the case under his control until it was juvenile crime, which he said accounts Russoniello's system would involve only 3% of the voters favoring him. n;ady to go to a hostile jury, then turn- for 65% of all crime statistics. to help hiring second- and third-year law stu- Though the news was bad for his ed it over to a supposedly well- fight it, in addition to having an at- dents for summer work, putting them campaign, Russoniello is fighting for a qualified homicide attorney, Russoni- torney in charge of the D.A.'s deci- to work on meaningful jobs germane run-off, which he would like to see pit ello said. When the jury came in with sions to prosecute or not, Russoniello to positions in the D.A. 's office (such him against Carol Ruth Silver. SDlith stresses his experience Continued from page one three times - as so damaging to the 51-year old Smith promised a restora- cisco Bar Association, 48 percent of Smith said this would result in the prosecution's case that she actually tion of leadership and management in which recently voted to endorse his prosecution's seeking a conviction "became a witness for the defense." the District Attorney's office through candidacy. This figure represents precisely on the charges brought This, said Smith, is evidence of Silver's positive programs which will give the more yotes than the next three can- against the defendant, instead of set- inability to handle the job of D.A. ci tizenry a sense of confidence of the didates - Freitas, Russoniello and tling for a plea of guilty to a lesser _of- A 1952 graduate of Boalt Hall, the Police Department and the San Fran- Silver- received combined. fense. . Questioned about "violence" receiv- ing highest priority, Smith emphasized such offenses as rape, robbery, and Dean apologizes for Sherry 'slur' homicide as those which would not be plea bargained, admitted that mari- Continued from page one welfare of third world students is not a cided to issue the apology prior to re- juana offenses should be given the pen again. priority in the eyes of the administra- ceiving the petition. lowest priority, and stressed that while Prunty hopes that there will be no tion," asserts Sardinas, who believes Sherry's Apology he would not "beef up" the vice squad, recurrence of this problem and that that Sherry should have been fired for Professor Sherry delivered what was such acts as prosthution - or "any therefore such apologies will not be the remark. by all accounts a heartfelt apology to great public nuisance which involves necessary in the future. If a racist or Petition his Criminal Law class on October 3rd rip-offs and violence" - should con- sexist remark does spark a similar stu- Several days after Sherry's offensive and got a round of applause for doing tinue to be prosecuted, while simul- dent reaction, Prunty will respond as remark, Dean Peterson was presented so. Sherry told his class that he realized taneously criticizing Freitas for taking he did in this case. with a petition requesting an apology that some students had taken offense a policy of "no prosecution" of prosti- Some of the students who expressed from Sherry for his offensive remark. at his remark but that he hadn't meant tution early in his term as D.A. their anger at the remark to Professor The petition, which was signed from it in a derogatory or insulting way. Smith further noted that under his Sherry and Dean Peterson are not pla- Sherry's Section E Criminal Law class, Students attending the class stated guidance the District Attorney's office cated by Prunty's apology. declared that the students were "deep- that Sherry, who described himself as would not de-emphasize consumerism, They are particularly disturbed by ly offended and angry" at Sherry's re- "ashamed and embarassed," explain- since he believes strongly in prose- Prunty'S assessment of the remark as mark of September 11th. "This kind of ed that he was very sorry for making cuting consumer fraud. When queried "venial in nature." Venial is defined in racist rhetoric has no place in the the remark. There was "no excuse" for about juvenile crime, he stated that he Webster's Dictionary as: of a kind that classroom," according to the petition. his use of the term "darkies," Sherry favors spending money to prevent can be remitted - not heinous or Dean Prunty stated that he already de- told the class. youths from becoming repeat offen- damning; meriting no particular con- ders, so as to keep them out of the cern or notice. criminal justice system, but that they Philip Grimes, a student who trans- should be treated as adults regarding ferred out of Sherry's class, questions Child Center violent crime. He also promised vigor- Prunty's sincerity in writing the apol- ous prosecution of street crimes such as ogy, in light of his evaluation of the in- announces Halloween raffle robberies and beatings of Muni bus cident as venial. Grimes feels that it is Halloween is traditionally a festivity tickets are on sale now in the Com- riders. not Prunty's prerogative to decide the celebrated by children. Again, this mons. The aspiring District Attorney can- gravity of the situation. Halloween, Wednesday, October 31, Prizes include 3 days, 2 nights for didate then fielded questions concern- Gil Sardinas, who transferred into the Child Care Center is sponsoring a two at Harrah's Tahoe, a hot air bal- ing Carol Ruth Silver's candidacy and Professor Vivian Wilson's class as a re- Halloween party for children and all loon ride, a $40 Lake Law Book Gift qualifications, noting that she has no sult of the remark, agrees that the Hastings students, from 4 to 8 p.m. in Certificate, a $25 Civic Center Book experience in management and organ- term venial was inappropriate to de- the Ccmmons. Store Gift Certificate, $25 in copying ization of a large staff, thereby lacking scribe the situation. The remark was Children and adults come in cos- from the Paper Depot, $20 in bever- the background necessary to do the "very significant" in Sardinas' opinion. tume to eat, drink and have a good ages and food from Harrington's, job. Both students think that the admin- time. The Center will be selling wine, Turk and Larkin AND many, many He criticized her testimony in the istration's inaction in the present situa- beer, hot cider and hot dogs. Other re- more. Dan White trial, pointing to her tion, in light of Sherry's history of freshments will be free. Be sure to get your tickets soon - "coarse language" - and the fact that making offensive remarks, constitutes The primary purpose of the event is only a limited number have been she was admonished by the trial judge condonation. "It's obvious that the to draw winning raffle tickets. These printed.