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4-1987 The ewN York Law School Reporter, vol IV, no. 3, April 1987 New York Law School

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Vol. IV No.3 • In Your Heart, You Know We're RJ&_ht • April, 1987 Asbestos Contamination Found in Books-tore Gil Hollander Blamed; School Begins Clean-Up This article is based on reporting by A team from the Asbestos Control In her report, Ms. Carey accused Mr. clean-up. In January, Mr. Hollander Robert Goldman and Mark So/asz and Board, part of New York City's Depart­ Hollander of gross negligence. The noticed white dust particles covering his was written by Mr. Goldman. ment of Environmental Protection, in­ school has asked Mr. Hollander to pay desk and other areas of the bookstore. The recent removal of asbestos from spected the bookstore area on April for the $27,000 clean up. He contacted Stillwell and Gladding, a the basement area has focused attention 13th after Barnes and Noble completed Mr. Hollander said he was never New York-based firm of analytical and on an old problem. demolition work. given notice that there was asbestos in consulting chemists, which conducted a It's an old problem because no one Under a new New York City law, ef­ his working area during the years he survey of the bookstore using two air seems to know when the asbestos was fective April 1, an asbestos report must leased the premises. sampling devices. put into the school buildings in the first be filed with New York City authorities Mr. Hollander said that for years he fte Beporter was unable to reach place. The records aren't there, and no prior to the commencement of any one remembers. The problem was demolition work. It is unknown highlighted when %he Beponer found whether such a report was filed in this out that Gil Hollander was locked out instance. of his bookstore in February because Director of Facilities Management " school authorities feared the store was George Hayes said_the asbestos above contaminated with asbestos. the dropped ceiling was "not loose, ~ ~ ! .,,,.,-.,.. .,.,,~ '""·-- Several weeks after Mr. Hollander broken or friable [in such a condition was locked out, the school contracted to that it poses an immediate danger]. conduct !1 clean up of exposed asbestos They didn't w~t their workers exposed on a pipe running through the to it, nor do we." Mr. Hayes said the re­ bookstore. Two pipes were cleaned in maining asbestos would be encap­ the book storage area but the school did sulated (the coating or spraying of not remove asbestos above a dropped asbestos-containing material with a . - ceiling in the bookstore, and only sealed sealant) or removed as soon as it poses and wrapped exposed asbestos in a an immediate danger. maintenance room next to the store. Dean of Finance and Administration (Barnes and Noble is taking over opera­ Jane Helm said Electro- Analytical tion of the bookstore following the ter­ Inc., the firm hired by the school to mination of Mr. Hollander's lease. Mr. monitor air sampling in the basement in --- Hollander had been at the school since February, has just completed a survey Pipeline in bookstore with area of exposed asbestos wrapping 1974.) of the school to determine if there are A member of NYC's Asbestos Con­ any other asbestos-related problems. had told Phil King, former director of Mr. King because school authorities trol Board said there was still asbestos Jennifer Carey, industrial hygienist facilities management who left the would not release his home telephone on the pipes in Gil ·Hollander's old at Electro-Analytical Inc., said school in January, that the bookstore number. bookstore. Barnes and Noble perform­ preliminary results indicated there were was covered with dust and that it was Leonard Maltese, Under-Director of ed demolition work in the bookstore no problems except in part of the sub­ difficult to breathe. Mr. Hollander said the firm hired by Mr. Hollander, wrote area between April 8th and April 10th. basement area. Mr. King did not act on his request for a in his January 6th report thatthe results of his survey "represent a condition which warrants an investigation for possible health hazard. Also, the high Hollander Ousted as Scnool's Bookseller volume sampler filter contained an abundance of large asbestos fibers. It By Solasz Mark tribution to the school in order to main­ made payable to ~he SBA. Continued on page 4 Gil Hollander, owner of the MJ and K tain his position here. The school told Mr. Hollander in Oc­ Company, is no longer the bookstore Dean of Administration and Finance tober, 1986, that it was placing out bids operator at New York Law School. Last Jane Helm said that in September of to other companies. Dean Helm said, in December, Mr. Hollander was given 1985, shortly after she was hired, "Dean a memo to Mr. Hollander, that NYLS's notice that, after 15 years at New York Simon asked for [my] recommendation actions ''in no way reflect any Law School, his lease would not be on this long-term contract." Dean Helm dissatisfaction with the services you have renewed. The school contracted with said that she would never approve a provided." INSIDE Barnes and Noble, to take over opera­ long-term contract because "you have to The school made' its decision to ter­ tion of the bookstore beginning April 1. be able to review the vendor's minate Mr. Hollander's lease before the New SBA In January of 1985, Dean Simon ask­ services ... regardless of the amount." student services committee voted in the Fund Policy ______3 ed Mr. Hollander to contribute $112,500 Dean Simon then returned Mr. late January, to recommend renewal of to the school to help renovate the Hollander's first $7,500 installment. Mr. Hollander's lease. cafeteria. The cost of renovations was Mr. Hollander believed the $112,500 Dean Helm said that, "There were no AJumnus Indicted ____3 allegedly $250,000. There was either an, contribution was in addition to his nor­ disagreements over the bookstore until agreement or a proposal whereby Mr. mal rental payment. Dean Helm said it Gil's bid came in and it was not as Hollander would pay the school was in lieu of them. Nevertheless, it is favorable [as Barnes and Noble's]." She Student Runs $1)2,500 in fifteen annual payments of reasonable to believe that the contribu­ added that the school's main goal was to For ~mbly ______5 $7,500. Mr. Hollander sent a memo to tion was in addition to Mr. Hollander's give the students the best service at the Dean Simon, dated January 28, 1985, in · monthly rental payments because the an­ lowest cost. Parking Policy _____ 6 which he expressed the intention of this nual payments of the contribution were Mr. Hollander claimed that in March, agreement. lower than the annual"rent he was paying 1986, he spoke to Dean Helm about the Mr. Hollander said that contributing at that time. Why would Dean Simon copiers in the school and that she told Media Law Update ____? more than $100,000 to renovate the ask for a lower contribution from Mr. him not to invest in new copiers because cafeteria would not sell an additional Hollander for a long-term contract? Mr. she didn't want him to make a capital in­ Pine's Music Pictures 13 Emmanuel or another bagel and cream Hollander said the contribution was to vestment and then get stuck in case the --- cheese. However, Mr. Hollander said he be made payable to New York Law school decided not to renew his copier was willing to make a long-term con- School and,the monthly rents were to be Continued on page 6 Page 2 • NEW YORK LAW SCHOOL REPOIITER • April, 1987 Students Sponsor Clothing Drive For Stanley H~ Kaplan Cong_olese Rebels The recent "Ten Tons to the Congo" Alliance include the New Alliance Party, ~has chosen his clothing drive in the student lounge, the George Jackson-Rosa Luxemburg which was co-sponsored by BALLSA, School in Manhattan, the Community has collected 25 bags of clothes at NYLS Literacy Research Project in Manhat­ bar review. to be shipped to Zaire. tan, the Boston chapter of the American A spokeperson for the Fund for a New Friends Service Committee, the Caanan Alliance, the drive's sponsor, said the Baptist Church in Harlem, the Fort clothing will be shipped from Port Apache Community Center in the Haveyou? Elizabeth, New Jersey, to Pointe Noire Bronx, the National Council of Negro For years. Kaplan students have been asking for a in the People's Republic of the Congo. Women in Long Island, and the In­ bar review course wilh the same standards or excellence At Brazzaville, Zaire, the clothes will be stitiute for Society Therapy and as Kaplnn·s other courses. Afler carefully investigating bar review cour,;es. Stanley Kaplan hos joined forces with SMH turned over by the Congolese Red Cross Research in New York. Bar Review to add bar exam preparation lo his ramify to representatives of the Workers and Amnesty fnternational said in a of outstanding educational offerings. The academic integrity and rnmprehensive, well-paced slruc­ Peasants Party, a coalition of anti­ March 1986 report that supporters of op­ ture of 1he SMH approach made Mr. KapJan•s Mobutu forces, who will distribute them position parties and suspected govern­ decision an easy one• ~ ours should be loo! throughout the three western provinces ment opponents in Zaire were illegally Preparation is now available fo,· Cali­ of Zaire. detained, tortured and killed in mass fornia. Colorado. Connecticut. District of Members of the Fund for a New arrests. Columbia, Florida, Maine. Maryland. Massachw;elts, New llampshire. New Jersey, New Mexico, New York, Penns-·Jvania. Rhode Island, New SBA Verm~nt. and Virginia. The Best Course Officers Of Actioa LOCALLr: The following people have been elected to 131 1,est 56t~ Street the Executive Board of the Student Bar fe,. York, ,,y 10019 (212) H1-9200 Association for the 1987-88 School year: Teri L. Karpe, President; Gina Deluca, Day Division Vice­ President; Lynn Crawford, Evening Division Vice-President; Sandra Van Essche, Secretary; Laura Loughlin, Treasurer; Rob Fishk.in, Attorney General; Incoming--­ SBA Treasurer Laura Kathleen Burke, ABA/LSD Loughin (L) with outgoing Secretary Representative Maureen Caffrey

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ROBERT BACIGALUPI KARIM LYNN JOSEPH SARACHELE BUNJI FROMARTZ ROBERT MEYERS ADAM SHARAF JOSEPH LOUGLIN IRIS TEMPLE April, 1987 • NEW YORK LAW SCHOOL REPOIITER • Page 3 Grossman Takes Control Over Student Funds Student organizations now face by Bunji Fromartz budget at $10,000 "I told them I hoped greater difficulties in getting Since the beginning of this semester, that was an arbitrary figure," said disburs.ements of funds. Acting Dean Amy Grossman has held a Martone. Until this semester, student tight rein over student organization "Now they seem to be reneging on organizations followed a simple two­ funds. Formerly, the distribution of the agreement," Martone said. He said step procedure to receive funds. The funds was totally controlled by the Stu- that the administration claimed they process took a maximum of two days. dent Bar Association(SBA). never said that they would match the Currently, student organizations Dean Grossman said there had been $25,000 allocation, and would be retur­ must go through a five and sometime no meaningful records kept by the past ning with another figure this week. six step procedure to get funds, which S.B.A. and if she were a student, she Laura Loughlin, the new S.B.A. can take as long as two weeks. would want better records kept. Dean treasurer, in relating a meeting the SBA When a program is about to com­ Grossman was then asked why such had with Amy Grossman on April 7, mence, a student organization must strong action was taken instead of ask- said, "All SBA funds are being witheld fill out an SBA disbursement form, ing the SBA for a better and more by the administration until the separate which is ordinarily approved in one careful accounting method. She feared SBA checking account is closed." day. In the old days, the next step that funds have been or may be stolen At the SBA meeting on Wednesday, would be to get the treasurer to write a by persons authorized to sign S.B.A. April 8, the moving of the funds from Amy Grossman, Acting Dean of check and sign it along with the presi­ checks. - the separate SBA account into the ac- S1udent Affairs and Director of dent of the SBA. The whole process Anthony Martone, two-term SBA count signed by Dean Helm was ap­ Academic Services could have been done in one hour if a treasurer, said, "Only the vice- proved. student were lucky. Less fortunate president, president and myself could With the loss of Gil Hollander's in­ needed in September was a skeleton students would only have waited a sign checks. My signature was man- come ($8000 per annum), which went budget with the number of events and day or two. datory and the second" signature could directly to the S.B.A. budget, it now ap­ approximate cost thereof. Since some - The new tightened procedure man­ be either of them.'' pears the only income the S.B.A. can re- planned programs never take place, the dates that after SBA approval, the re­ Martone also said that Grossman lyuponis$3.00perstudent whichiscol­ S.B.A. allocates more than its expected quest be forwarded to Acting Assis­ told him the administration "wanted lected along with tuition. The school is income. tant Dean Amy Grossman who either some control over the money. now keeping all income from the new Loughlin said that Grossman sug­ (I) calls the student in for a discussion "They said they would invest the cafeteria which is based on a percentage gested that the total S.B.A. budget for to justify the request, (2) approves the money over the summer for us, which is of the new contractor's gross income. the school year be kept at $10,000. This request, (3) denies t)le request. good." Gil still owes the S.B.A. about $10,000, would also have to include items which If Dean Grossman approves the re­ Martone said, "I showed all the according to Martone. Despite the fact were traditionally paid out of the stu­ quest, it is forwarded to Bursar Emily records of the allocations and actual ex- that Gil did not pay, "We did have dent affairs as opposed to the S.B.A. Youngquist who writes the check and penses of each organization to Amy enough ofa surplus in S.B.A.'s account budget. These items include all food forwards it to Dean of Finance and Grossman. 1 always gave all the records to last us through 1986," said Martone. and drink for receptions, copies, and Administration Jane Helm to sign it. they asked for. Now they want bank The administration terminated Mr. costs of sending student representatives The process takes an additional one statements for the last five years. My Hollander's lease even though the to conventions. or two days beyond the old pro­ drawers are always open, they can come faculty committee on student services Copies, once free and unlimited, are cedure. and look at my files anytime." voted to renew it. limited this year to 250 per month per If a discussion is called for and is At a meeting between Dean of Under the new plan, each" May, in- student organization. Next year there fruitfu1, Ms. Youngquist will be Finance and Administration Jane stead of September, organizations must will be a lower monthly limit, with dis­ directed to cut a check. Nevertheless, Helm, Acting Dean Grossman, SBA plan all events through June of the counted charge per copy afterwards. setting up an appointment with Dean President Michael Cintron and Mar- following schooJ year. A detaiJed Food and drinks were provided for all Grossman will take from one hour to tone, the administratioan proposed budget request mustbe submitted to the functions during the '85-'86 school two days depending on her schedule. school funding of lhe S.B.A. in return S.B.A. listing each function including: year. This year they were supplied to If the request is denied or the for control of the S.B.A. bank account. title, date, speaker fees, speaker about four organization functions. discussion is not fruitful then the SBA Martone said, "Micky's notes and transportation, cost of food and drink Next year no refreshments will be pro­ must be asked to exercise their veto mine say they asked what the present (what kinds and bow much), copies, vided. During the '85-'86 year the Legal rights. This power may be exercised allocation [for the S.B.A.J totalled. We advertising, how many people would be Association of Women received $600 by a majority of the executive board. told them $25,000. They said the budget expected and the administration and the National Lawyers Guild $500 to Waiting for an executive board would be matched." During the week "would probably want a guess at the send members to national conventions. meeting to occur may take two or of April 6, the administration told cost of living increase," said Loughlin. This year the S.B.A. budget bad to even three more days. This veto Martone that they had set the S.B.A. • Under the old system, all that was cover such trips. power has not yet been exercised. It is hoped that the administration, in the quise of Emily Youngquist and Dean Helm, would abide by the veto. As of Biaggi Busted; No Lecture This Year April 10, the administration and the by .Jaime Steve Costa! Dry Dock has also been linked S.B.A. bad not signed a formal copy Bronx Democratic Congressman to the Koch administration through of this agreement, nor has this pro­ Mario Biaggi-a 1963 graduate of Susan Frank, the former Ports and Ter­ cedure been amended in the S.B.A. 's NYLS and the namesake for a lecture minals boss, whose brother, Peter Frank constitution. series sponsored by NYLS since owns First Marine Shipyards with In a worst case scenario, ten work­ 1986- was indicted by a federal grand Vincent Montanti. Montanti and his ing days or two weeks are needed to jury on charges of bribery, conspiracy family also own Costa! Dry Dock. First gain access to funds. and obstruction of justice last month. Marine was awarded two contracts to Kenneth Simons, NYLS Director of turn ferries into prisons while still owing Communciations said there would be no the city $147,000 in real estate taxes. The Biaggi lecture this academic year. first contract is worth $1.5 million, and The school is not contemplating ter­ an additional $1.4million to complete it. minating the Biaggi lecture series. Dean Biaggi Maintains Innoc.enee James Simon said, under the U.S. legal Hours after announcement of 'the in­ system, ''A man is innocent until proven dictment, Biaggi held a press conference Kean to Address Grads guilty." at which he maintained his "total in­ The indictment, which also named nocence." Congressman Mario Biaggi Governor Thomas Kean of New former Brooklyn Democratic party The Congressman labels the Justice Jersey will be the keynote speaker at the leader Meade H. Esposito, sterns from Department's case against him as one ing his job as Congressman," said Slot­ '87 graduation. the congressman's efforts on behalf of built on "allegations, innuendos and ir­ nick. "He would continue to help As Governor, Kean was responsible the Brooklyn-based Coastal Dry Dock & responsible leaks." He called the indic­ Coastal Dry Dock," if he had a chance for some tax cuts, including the elimina­ Repair Co. Biaggi has admitted accep­ ment "an initial determination-nothing to do so. tion of the corporate net worth tax. ting one vacation paid for by Esposito, more, nothing less." Slotnick recently represented John Kean is a genuine aristocrate whose and has described it as a gift between Biaggi's lawyer, Barry I. Slotnick, Cameglia, a co-defendant in the highly family has been prominent in New longtime friends. Coastal Dry Dock, said, "My office has conducted a com­ publicized trial of reputed organized Jersey since before the Revolution. He which has filed for bankruptcy, plete investigation of this case and we crime boss John Gotti. Currently, Slot­ speaks with an accent that reminds reportedly owed more than $600,000 to have found absolutely no criminality nick is representing Bernhard Goetz. listeners of Yankee Boston. Esposito in insurance commissions. and are confident that Congressman Both Biaggi and Esposito pleaded not Supreme Court Justice William Eventually, the company did enter Biaggi will be found not guilty beyond a guilty during their arraignment. A ten­ Brennnan was the keynote speaker at bankruptcy. reasonable doubt." Biaggi was "just do- tative trial date has been set for July 6. the '86 graduation. Page 4 • NEW YORK LAW SCHOOL REPORTER • April, 1987

used in an attempt to remedy the situa­ be called "negligent" if his method It is known that Mr. Hollander Asbestos tion became the cause of these dif­ lowered the asbestos level in the air, removed some ceiling tiles while tracing Continued from page 1 ferences and caused further release of Dean Helm replied, "He is grossly a pipeline, which had contained asbestos appears to us that an immediate correc­ asbestos fibers. negligent because when you material, to see if the school's contractor tion of the condition shouid be' under­ "The main example ofthe change that vacuum-while he's spreading the had removed all the asbestos from the taken." took place in the bookstore was that the asbestos all over the place. For example, pipe. Mr. Hollander said he contacted the suspected asbestos-containing pipe if this machine is put under the pipe and When Dean Helm visited the school in late January after he received covering had been wrapped with card­ you have a higher concentration right bookstore on Feb. 20 to talk with Mr. board sheeting. The wrapping itself had there, you may have nothing in the Hollander, she said there was no been undertaken by admittedly non­ bookstore area. But if you vacuum, what asbestos left in the store following the technical and untrained personnel a household vacuum does is just blow it cleanup, and she characterized the Camera without precautions to guard against all over the place." store's air quality as "the cleanest air in possible health hazards. While it ap­ Ms. Carey said "There could have New York City." However, on Feb. 27, peared most of the pipe had been in good been a problem [with the vaccuum clean­ · Dean Helm told rile Beponer that condition prior to the wrapping, the use ing} if the asbestos concentration was there was asbestos above the dropped shy of the cardboard sheeting and the large higher in Gil's office." Ms. Carey added ceiling. She added the asbestos was not storage boxes on top of the pipe caused that she performed air sampling in a dangerous condition, and that it extensive damage along some areas of throughout the basement area, follow­ would remain safe unless it were disturb­ the piping (ie. the valve area on the left ing Mr. Hollander's vacuuming, and the ed. Director of Facilities Management hand side). area poses no danger from asbestos con­ Dear Helm said, "If you hit it [the George Hayes "The fact that large chunks of tamination. asbestos wrapping se.al), you'll eventual­ asbestos-contaminated material were Dean Helm said that Mr. Hollander's ly break it open. It could probably sit a copy of the report. At that time, the vacummed up with a standard actions may not have been negligent. "I there for 200 years and be old and be semester was already underway and the household vacuum further facilitated don't want to use the term ''negligence''. ready to be a problem. But something bookstore was operating, but closed to the contrurunation of the bookstore. I'm not saying it was an intentional thing has to disturb it. I never heard of a situa­ students. Jfollander said he received the This vacuuming was done under the at. all. Maybe he was a little careless," tion where it was so old it fell of the January 6th report in late January. He direction of Mr. Hollander on the advice she said. pipes. However, there is a potential for a showed nie Repor~r an envelope of a friend," Ms. Carey said. Ms. Carey said she and Mr. Hayes saw problem." Ms. Carey said that asbestos postmarked late January from the The results of Ms. Carey's air sampl­ Mr. Hollander remove ceiling tiles from will not last 200 years and that you don't Stillwell and Gladding firm. School ing showed a significant decrease in the the dropped ceiling in his bookstore as have to hit the asbestos seal; it will even­ authorities closed the bookstore after asbestos fibers in the bookstore when the two passed by the store early one tually deteriorate over time. they received the report. The bookstore these results were compared with the air evening. Mr. Hayes said he did not see According to the Asbestos Control was re-opened after the February clean­ sampling results obtained by the Mr. Hollander remove any tiles from the Board and Ms. Carey, there is still up. laboratory Mr. Hollander hired. ceiling but " I wish I had seen him," he asbestos above the ceiling tiles but, ac­ At the February 4th meeting of the When asked how Mr. Hollander could added. cording to Ms. Carey, it is not in a friable student services committee, Dean Helm or dangerous~ondition, even though the refused to disclose the reason the wrapping is cracked. Asbestos is con­ bookstore was closed at that time. Facul­ sidered "friable" if it can be crumbled, ty members present at the meeting in­ pulverized or reduced to powder, when cluded professors Blecker, Silverman dry, by hand pressure. and Bruce. Subsequently, she told file Ms. Carey said, "The asbestos above Beporier that Mr. Hollander had been the ceiling is in fairly good shape. locked out because school authorities Hopefully, there's no need to remove it. feared persons in the bookstore would be Encapsulation [the coating or spraying exposed to asbestos. of asbestos-containfag material with a Maltese said that when he investigated sealant) is cheaper. For the short run, the bookstore he "found fibers on the maybe five years, it won't be a problem. floor. It was a bad situation. All you had If there's renovation or demolition to do was pick it up." Maltese said he work, then we'll have to remove it." Ms. recommended to Mr. Hollander that he Carey said the reason asbestos was not (Hollander) clean up the bookstore. Mr. Gil Hollander (second from left) in happier days at NYLS Oct., '78 removed from above the dropped ceiling Hollander said he covered the asbestos during the February clean-up was with cardboard and used a commercial because "It was not in the contract to vacuum cleaner to clean-up the store. A spokesman for the White Lung Association, (WLA) a non-profit organiza­ tion concerned with asbestos, said breathing asbestos fibers may cause cancer in remove it. No one was there to o.k. it." School authorities have called Mr. Mr. Hayes said •~To remove asbestos Hollander's actions negligent. Mr. many organs of the body, including the lungs, rectum, esophagus and voice box. It may also cause mesothelioma, which is a cancer of the lungs or abdomen. from all places is something no institu­ Maltese said, however, "I'm not surpris­ tion can absorb. So long as it,-s in an un­ ed if he (Hollander} covered the asbestos Asbestos is the only known cause of this cancer. Dennis Burke, director of WLA said exposure to asbestos may- cause damaged state, there's nothing to be with cardboard or used a vacuum concerned about." Mr. Hayes said there cleaner. l don't know how you can at­ asbestiosis, which attacks the lungs and ususally kills its victims within 10 years of diagnosis. is no air circulation system that would tach negligence to that. He couldn't Burke said, "Asbestos is a time bomb. It takes years after exposure before the have caused the spread of the asbestos work there another day. I wouldn't call it through the school from the area above negligence." disease matures. But when it hits it hits hard and fast. Cancer from asbestos ex­ posure brings death usually two years from diagnosis. At least 200,000 U.S. the ceiling tiles. He said the air ven­ In her report, Ms. Carey charged Mr. tilating system has aluminum ducts but Hollander with "negligence which ap­ workers will die from asbestos exposure during the next 16 years." According to Burke, there is no safe level of asbestos exposure. Mesotbelioma the asbestos fibers cannot enter it. pears to be gross in its extent. His failure "There's no return air system, so the air to immediately report any possible has resulted from aslittle as a day's work with asbestos. Burke added, "The rule is the more you're exposed, the greater is your risk." is not recirculated throughout the health hazards to the proper authorities Under New York's recently enacted CPLR seclion 214-c, if you've been expos­ building. If there had been a return air cotJpled with his attempt to rectify the system, it would have required a com­ situation himself was the most ed to asbestos by inhalation or ingestion, a plaintiff has three years to sue the of­ fending party from the date of discovery oJ an illness resulting from such ex­ plete clean-up of every room that feeds dangerous thing he could possibly have into the air conditioning system," he ad­ done. Anyone finding such a health posure. The statute changes the old case law ruling in Schmidt v. Merchants Des. which gave a plaintiff a maximum of three years to sue from the date of exposure. ded. hazard or suspected health hazard rhe- Reporter has learned that should take immediate action-but with The problem with the Schmidt rule was that people who had been exposed to asbestos would not show any damages within the time frame they had to sue. asbestos was removed from the faculty the proper authorities." dining room last summer. An informed Ms. Carey said, "The school didn't Under the new statute, a plaintiff has three years in which to sue after they come down with an asbestos-related illness. source said asbestos may have been know the extent ofthe asbestos problem, removed from the student locker area so it didn't warn Gil [Hollander]. The Environmental Protection Agency (EPA) rules require local education agencies to identify friable asbestos-containing material in public and private schools by two summers ago during a renovation school thought everything was fine. If period. the asbestos were left untouched, it visually inspecting school buidings for friable materials, sampling such materials, and having samples analyzed by appropriate techniques. The rules also require When !the Reporter asked Dean would have been fine for the time being. Helm if there was asbestos removed He was in there for many, many years." local education agencies to provide warnings on the health effects of asbestos and instructions on methods to avoid or reduce exposure to school employees of any from the student locker area she said, "It In her report, Ms. Carey said that is entirely possible. However, I am not "The conditions present at the time of school with friable asbestos-containing material. The EPA also requires local education agencies to post a notice of the results of inspections and analyses and sure we'd have a record of it if it was the air sampling by Electro-Analytical done by an outside contractor." fnc. differed from the conditions present the agency mandates record-keeping requirements. The EPA rules on friable-asbestos containing material, however, are not ap­ School authorities, including Dean at the time of previous air monitoring Helm and Mr. Hayes subsequently said performed by the laboratory hired by plicable to law schools. An EPA spokesman said the Act, which became law in 1982, only pertains to elementary and secondary schools. they could not locate any records of past Mr. Gil Hollander. The various methods asbestos clean ups. April, 1987 • NEW YORK LAW SCHOOL REPORTER • Page 5 Third-Year Student In Bid For State Assembly Mydoctor by Glen Gentile Third-year student Stephen L. Barry pr0nol1need has been nominated to run in the special election for the New York State mecured Assembly which will take place on Tues­ of cancer. day April 28th. The election was called after former Assemblywoman Gerdi Lipschutz was forced to resign as part of Myboss the ongoing Citywide corruption scan­ dal. The district includes the didn-t. Rockaways, Broad Channel, Howard My boss didn't under­ Beach, and Rosedale in south Queens. stand that I was healthy Barry, who is an Editor on the Human again. Rights Annual and a member of the So I was let go, A lot of people are like Moot .Court Association is running on my bo$. They think that the Republican, Conservative, and everyone dles of cancer. I Right-to-Life lines. thought so, too. Until the "I believe that my education at NYLS American Cancer Society. bas really helped me in making this throogh one of its service Steve Barry with constituent Anthony Martone and rehabilitation programs, race", Barry says. "Not only has it helped me return to a helped me in dealing with some of the "I have been writing for a local am period he feels that his NYLS studies normal life. substantive issues which have come up newspaper since 1980 and at the same will not be greatly harmed. Further, with The Aa3 also has local i but it has provided me with a way of ap­ time been active in the community. This the long summer recess the Assembly Units that help Americans = proaching problems." record of involvement combined with has, he believes that his plans to take the who've never had cancer ~ Using the slogan "Unbought and Un­ my stand on the issues and popular Bar exam in July will go ahead. understand it better. 3 Today. more and more, i bossed", Barry has mixed campaigning revulsion against the corrupt "I'm running on a platform which cancer is a curable disease. ~ and law school. "The grind can get you Democratic Party in Queens gives me a stresses honesty and,community involve­ J@orance abrut cancer is g but this bas been a wonderful ex­ very good chance". ment. While the race will be very tight I curable. too, ~ perience," he said in an interview with When asked how he is balancing law am confident that the people of the 23rd the Reporter. school and campaigning Barry admitted District will support me and oust the cor­ I · Although Barry is the underdog in the that his classwork has suffered but with rupt politicians who have dishonored I American cancer Society race, he is confident of electoral success. the election taking place prior to the ex- our community." t ~

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t ------·-' Page 6 • NEW YORK LAW SCHOOL REPORI'ER • April, 1987 SBA Sets Goals Fat Parking Policy Reform The Student Parking Committee's tual group of students taking this op­ manned by two or more students, reality been available to anyone who purpose is to provide student input into portunity would be small, and generally should be set up to consider applica­ met the daily guard's own criteria. Con­ the use of school parking facilities, with clearly needing to drive in. Any student tions based on provable data, such as sequently, this lot was freely available better utilization of the parking lot and with a valid I.D. should therefore be class, train or bus schedules, complete to, and actually was observed being us­ increased student .access as primary allowed to enter the lot on a first-come proof of actual residence, and other ed by downtown businessmen, com­ concerns. The committee has four basis. Certainly, the lot is presently verifiable statements tending to support mercial deliverymen on lunch breaks, as specific goals, each of which is equally underutilized, and to repeat what is the applicants position that private well as most any student. Even so, it was important: stated above, there is no reason to deny transportation is a substantial necessi­ a rare day, and only for a few hours on 1-Earlier weekly evening access, for the all because a few may theoretically not ty. This proposed committee would that day, that someone was actually safety and benefit of students with be accommodated; it is inappropriate then be allowed to issue a permit, sub­ turned away. evening classes. where the student benefits at so little ject of course to lot capacity. There 2-Full weekend and vacation access for cost to the School. would not be a need to restrict the the safety and benefit of those students 4-Full-time day students, who have dif­ number of permits issued, since it is not anticipated that every successful appli­ Gil who must use or choose to use school ficult or extreme hardships in taking Continued form page 1 facilities during those times. alternate forms of transportation to cant would use the lot from 9 to 5 p.m. 3-Full exam period access, during ex­ school, sh0uld be allowed to apply for daily. Alternately, permits could be contract. amination days, for students with valid parking permits. This is especially true restricted to only those days a student Dean Helm said she sent out a notice I.D. 's, on a first-come basis. where the choice of private transporta­ has certain in-school time re­ to Mr. Hollander that she was going to 4-Increased access to parking permits, tion can be demonstrated to save a con­ quirements, such as classes only, or on­ get new bids for copiers. However, she to those students who have a siderable amount of the student's ly particularly difficulty scheduled also said that she had been looking for demonstrated need to use private precious time. Presently, the school lot classes. This would help accommodate copiers before October, and that it was a transportation, due to commuting dif­ is underused at all times, with a max­ working students, and avoid having the lengthy process. ficulty. imum of forty and at most times lot used by students on "off days" for Since Mr. Hollander knew at least twenty-five cars being observed in the other school activities or similar weekly seven months ago that his contract for The committee position on each of non-scheduled activity. the copiers would no longer be renewed, these points is as follows: lot Monday through Thursday. Fridays. the lot is practically empty. It is important to remember that for Mr. Hollander had no reason to replace I-It is a fact that the actual number of A permit evaluation committee, the past three semesters, the lot has in existing machinery. cars with valid permits on any given evening currently numbers no greater than twenty. The lot b'as a capacity of . approximately seventy spaces. Evening parking permits should be given to those students living outside of Manhattan who, because of work or household demands, and unaccom­ modating public transportation schedules, currently drive to classes. IF YOU'RE se·veral factors would Hmit the number of actual users under this plan, including the smaller proportion of night students, the outside-Manhattan limitation, the limited number of CON. ED ABOUT students who actually own cars, and the number of persons who, because of rush-hour considerations, would ac­ tually choose to drive. THE Additionally, parking in lower HIGH COST Manhattan is generally easier after 5:30p.m., so the prime motive would be a concern for student safety. Those who would assume the theoretical risk that the lot would be full would not be in any OFBECOMING lesser position than they currently are. To deny all because some possibly might not always be accommodated is inappropriate where student safety and A ·IA quality of life benefit at no great cost to ••• NYLS. 2-The lot has never contained more than ten cars on any given weekend or vacation. Students who for whatever Become a campus representative for reason are at school while it is open dur­ ing these times should be allowed to Kaplan-SMH Bar Review Services and enter and exit the lot at any time, simply by showing proper l.D. to security. The receive a substantial .discount on the very nature of weekend or vacation use implies a limited number of students price of your bar review course, as well who would take advantage of this ac­ cess; this reasoning also would indicate no great hardship or distraction from as other benefits. other duties security guards have, and would moreover improve student safety by providing a safe, close area during these times when the downtown area is For more information: less populated. 3-Again, the lot is extremely IUIANNI M. ITADIB underutilized during exam periods, PROOUCT MANAGER never containing more than twenty-five cars, or approximately one-third of its ..SMH 131 WEST 56TH STREET NEW VORK. Hf 10019-3894 capacity. This is due to the suspension (212)977~7 of classes, which would also be a factor in limiting the number of potential stu­ BAR REVIEW SERVICES dent users. Combining this with the fact that any student driving in would know they would face the theoretical !KAPLAN possibility of being turned away, the ac- (800) 22-1·1782 (800) 343·9188 STANLEY H.OPlAN EDUCA110NAL aNTtR LTD. April, 1987 • NEW YORK LAW SCHOOL REPORTER • Page 7 ~edia Law Clinic Wins First Round Against Time . by W. Frenkel vanced by the win, Time may appeal the cessed. It is hoped that victory may be were set forth by the clinic. The Cable New Yorkers who subscribe to cable unfavorable ruling. Discovery is ex­ had by summary judgement. Act cause of action was dismissed for services may have a reason to rejoice. pected to be prolonged by the sheer The lawsuit has already made a mark lack of standing. The section 2 Sherman Diversity in programming may be amount of material to be sorted and pro- on antitrust law. Three claims for relief Act claim and the City Franchise claim restored due to the success of a public in­ survived despite numerous challenges terest group in its case against Time, Inc. Frenkel raised by the Time gefendants. For ex­ NYLS's Media Law Clinic represents Even if the pay-TV has not yet attained the preferred status in the American ample, state action immunity was held media hierarchy that had been envisioned for it, cable nevertheless still holds a citizens' group challenging MCTV not to apply to an MCTV franchise due great promise. The number of cable subscribers has grown sizably over the cable practices. The lawsuit, in the to the lack of state supervision. S.D.N. Y., involves the policy of MCTV, years, although it has lately stabilized. Yet the importance of cable lies exactly in A major hurdle on the clinic's way to a Time, Inc. subsidiary, that has refused the fact that it is not directed at the mass nation-wide audience. Network TV is ultimate victory was the question of access to program suppliers not af­ often blamed for its shabby, trite and one-dimensional entertainment, and the standing required under section 16 of the filiated with Time, Inc. network executives normally respond to that criticism with the excuse that they Clayton Act for injuctive relief. In that The Clinic won the first round of the have to satisfy the visceral needs of housewives, retirees and teenagers. Cable, respect, Judge Sweet_held that lack of legal battle. Judge Sweet overruled with its demographically select target audience of yuppies, artists and executives choice and dimunition in quality may be Time's motion to dismiss. Professor in the metropolitan areas allows the programmers to remain profitable while sufficient to confer standing on the Robert Perry is handling the pro bono telecasting a more sophisticated fare of entertainment, rarely if ever seen on the plaintiff in terms of a direct, ascer­ action for the clinic, while -a Cravath network or independent television. Quality and wholesomeness of some cable tainable injury, especially where higher Swaine legal team represents Time and channels is certainly subject to great and heated dispute, but the fact remains prices for pay T.V. services have also MCTV. that cable offers something extra, something new and different from the broad­ been alleged. Additionally, plaintiff was With the Time buyout of the Group W cast TV, even if it is experimental or radical in some sense. Fostering further found to be the proper third-party cable system servicing upper Manhattan, diversity in cable programming serves the end of educatiing and entertaining the benificiary of the franchise agreement the media conglomerate controls all masses and ultimately that of the freedom of expression. How else can the between the City of New York and Manhattan cable T.V. Thus, the ques­ average American intelligently exercise his or her freedoms so often taken for MCTV, which provided for priority ac­ tion ofaccess by non-affiliated program­ granted? This year, when we celebrate the Bicentennial of our Constitution, the cess to non-affiliates under certain con­ hopes run high that the cultural needs of New Yorkers known for their joie de mers is even more significant. ditions. While the Manhattan cable vivre will be catered to and not stifled by the monopolistic behavior of Time, Stay tuned for more details. subscribers' cause was considerably ad- Inc., and Manhattan Cable. Conservative Group Starts Local Chapter Here by Jaime Steve Leaders Seek to Stir Debate and Ad­ vance Conservative Viewpoint ''I looked A handful of first year students, has established a NYLS chapter of the na­ tionally recognized Federalist Society. at the essays Expect sharp debate and strong presen­ tation of generaJJy conservative political viewpoints. At the group's first meeting, New and I thought, York City chapter president Michael Weinberger addressed "One Branch Government-an inquiry on the limits of judicial power." Weinberger told students that "unelected judges, not 'he m·ust have subject to recall, are running everything .. . through what has become an imperial judiciary." In a reference to affirmative action Weinberger com­ stolen· the plained of rulings in which "judges decided who becomes a policeman and who becomes a fireman. That's not democracy." Initial turnout included ten to twelve exam!''' students plus the group's faculty ad­ visors: Prof. George W. Dent Jr. and Kathy Cohen,Esq. Prof. David S. Schoenbrod. "Member­ ship will increase as the group attracts other speakers and initiates debate among students," said NYLS chapter president Lenard Shoob '89. In April, the group hosted a debate on the Miranda rights issue. The princi­ ple speaker was Paul Cassa!!, a deputy attorney general in the Justice Depart­ ·11101t,:1rnb of Ltw~l'l~ kilo\\ it. ,\nd \\t· offt'r till' lollrn, ing cou,~e:-, ment's criminal division. A speaker • \1·11 \Prk :>uh,1.1111iw \\ri1 im: :ind .\11:1!1,i, from Legal Aid also attended. C1111r,l'-:·. 1·.. llll 12·1L11 · · thanklhe tl, ,1ari1~1 tor 11. family· In, h,·l·n helping · On a national level, The Federalist • \ n1 \ 1111-. <: 111I l~·.1nin·, L111 aml l(ult-,- la\, ~tudt:nL, jXb., the \(•\\ York and \l·\\ MARIN 0 Society consists largely of self­ 2·d:11 11111·1N1r ,1·n1111.ir lt·N.·\ l'\:Ulb \t:11~. \I har ior -to ith a • \ ..11 \11rk ll:1r l-11·1 11·11 C,J11N· !or th1· l{t'l;1l-;1·r described conservatives and liber­ ·~ompktl' lint: of ~uppit:111enul and fi.111 tarians. A recent gathering of members - r, ,mpkll' pn 1;:1:m1 Sl'I>ice bar n·, ie,, cotn~'(.'~. \\t- r:rn help in Washington, D.C. featured speeches • \11\L \\11rk.,l111p-h ,1·,,i1111, i11d11d,·d 1111lw by Attorney General Edwin Meese III, ,ou. to<, C~I tl\ for llllll'l' infornution. BAR R[ VI[W PROGRAMS l-11·1.11-;l'r ,, ,11r,1· .( 212) -120-9Xll0 or {21ll) • \n1 _ll'N'\ l\,.t) \\,,rk.,ltop- , . •111 d ·~·tLt~ Supreme Court Justice Antonin Scalia <,25·252- and Senator Orrin Hatch (R.-Utah). Hatch, a member of the Senate Judiciary Committee, was instrumental in securing Senate confirmation of William H. Rehnquist's nomination as New York. New Jersey. Marino makes sense_. Chief Justice of the United States. Page 8 • NEW YORK LAW SCHOOL REPORI'ER • April, 1987

Editorial Letters The New York Law School Grossman Doesn't Know Janey, Can I Drive The Value Of A Student My Car? I , REPORU:B The NYLS administration has been To the Editor: pushing for greater control over student Allegations were made at the April 8, organizations. The policy may succeed. 1987, Student bar Association meeting For years, Gil Hollander's rent was by anSBA Senator that "NYLS is selling EDITOR-IN-CHIEF MANAGING EDITOR the only direct source of funds for the parking spaces to the City of New York ROBERT GOLDMAN BUNJI FROMARTZ SBA. Gil's lease was terminated on employees who are across the street." April 1. Neither the new food service These allegations come in the face of EXECUTIVE EDITOR nor Barnes and Noble, which has taken growing student discontent over NYLS GLEN GENTILE over the bookstore, has an independent parking lot rules in which tuition-paying contract with the SBA. The administra­ students are almost always denied access STAFF tion has imposed budgetary restraints to the lot. WILLIAM FRENKEL, KEN FRIEDSON, BRIAN McCARTHY and controls on the remaining student ·Many students feel that the lot should funds. Acting Dean of Student Affairs DIANNE PINE, ELLEN ROSNER, be open to student use at all times or at Amy Grossman is reported to have said, the very least a reasonable access policy JAIME STEVE, MARK SOLASZ "Students don't know the meaning of should be adopted by the school. Most the dollar. They don't know the cost of educational facilities employ some varia­ an ink blotter." tion of a permit system for student park­ 'DOI BJDIOBDB is published by and foc the students, faculty, staff and alumni of the New York Members of the administration Jane ing, usually based on seniority or a Law School. Helm and Amy Grossman have said lottery. DOI Blll'OBDB invites interested parties to submit columns, letters, articles, crticisms or sugges­ tions to: The Managing Board, DD UPOBDB 57 Worth Street, Room C-102, New York, N.Y. that if they were students, they would The SBA unanimously voted in sup­ 10003. want an accounting of funds given to port of a SBA student parking commit­ Telephone: (212) 431-2117 nm :amo:anm. which is published periodically during the academic student organizations. The new policy tee headed by SBA Senator Bill Iler to year, has an opinion column entitled "VIEWPOINT." Persons interested in submitting a written opi­ is supposed to protect student interests pursue this matter. The goal of the com­ nion for this column should label it "VIEWPOINT" and submit it to DJII BJDIOMIDB. nm from any misappropriation of funds. mittee which was also unanimously ap­ BIIPOBDDl reserves the right to edit all material accepted for publication. Although DOI BJDIOBDB strives for a policy of responsible advertising, we do not vouch for the accuracy of our The school administration will do the proved is full utilization of the parking advertisements. accounting. lot for students. We fear, however that the school's Apparently some minor progress has Quotations courtesy "The Rutgers Law R~rd" Vol. IS, No. 23 & 24 new policy will lead to a "carrot and been made toward this goal because ad­ Entire contents© nm Dl'OBDB. All rights of republicatiion reserved. stick" approach in which student ministration officials are considering organizations that don't toe the line easing access for students to the lot may have trouble receiving their under certain strict conditions. This in­ EdHorial allocated funds. The new policy may cludes proposals such as weekend and have the effect of discouraging student vacation access, earlier access for night Adding Insult To lnjurv: dissent from administration policies. students and better access during finals. After all, who would bite the hand that Students permits are occasionally A Cheap Shot At An Old Friend feeds them? issued under very tough standards. Some By the way, ink blotters are three for students have proposed distance hard­ The school's ill-advised decision to re­ is calling him negligent. a dollar at Job-Lot. shjp as a basis for permit issuance. This quest a reimbursement from Gil The school's reasoning makes sense would help commuting students who live Hollander for the cost of the asbestos­ only if we ignore the fact that the school far away, but it would not help closer liv­ clean-up in his bookstore doesn't make knew there was asbestos in the ing commuters who do not want to use any sense. bookstore area, and school authorities The great and invig­ the "electric toilet" (NY subway). This is Mr. Hollander may have acted failed to warn Mr. Hollander of that orating influences in is of particular concern considering the precipitously by vacuuming the asbestos fact. recent subway knifing incident involving and wrapping it with cardboard The school's asbestos tester said American life have been a member of the NYLS community. sheeting. He should not have removed NYLS didn't know the extent of the the unorthodox; the Any students interested in furthering tiles from the dropped ceiling to see if problem or they would have warned the purpose of the parking committee asbestos still remained after the Mr. Hollander. But if the school didn't people who challenge an should feel free to contact Bill Iler February clean-up. And an argument know the extent of the problem (or that existing institution or way through the student mail or the SBA of­ can be made that he should have con­ there was a problem), who would? of /ife, or say and do fices. tacted authorities after he saw wliite dust Should we have expected Mr. Evan Nappen particles falling on his desk. Instead, Mr .. Hollander to divine that a problem ex­ things that make people Asociate Dean Jane Helm is in charge of Hollander hired an independent lab to isted through prayer, meditation or think. NYLS parking policy-Ed. assess the situation. prophecy? The school should have But the bottom line is that the school checked the bookstore to see if there William O. Douglas, Kudos For Moot Court knew that the asbestos material was in was asbestos after the clean up of the interview, the bookstore, and it should have warn­ student locker area. The pipe that runs The Wagner Moot Court Labor Com­ ed Mr. Hollander of that fact. School through the student locker area which Fund for the Republic, 1957 petition, sponsored by New York Law a uthorities should have told Mr. probably contained asbestos continues School, is the largest intramural [sic] Hollander there was asbestos on a pipe in on through the bookstore and into a law-school competition in the nation. It the bookstore's storage area and above a maintenance room. plicable to elementary and secondary took place Thursday through Sunday dropped ceiling. The administration needs to work schools. (See sidebar of asbestos during the last weekend of March. No one can say with certainty how the with students and faculty by informing article). Almost forty teams competed this year. asbestos seal, covering the pipe, became them that an asbestos problem exists We commend the school for conduc­ loose or broken. Mr. Hollander or some­ and the steps it is taking to rectify the ting a survey, in all three buildings, to From the comments I overheard from one else may have hit it or bumped it. But situatiom School authorities have not assess the asbestos problem. School the contestants, New York Law School how can the school call Mr. Hollander always shared such informa­ authorities said they intend to under­ should be proud. Again and again I negligent or even careless if he did not tion-perhaps on the premise that the take an asbestos maintenance program heard that this was the best-run competi­ know there was asbestos in his bookstore less people that know about a problem, after the survey is complete. Both the tion the contestants had ever attended. to begin with? ln short, if Mr. Hollander the less problem there is. When Dean survey and the program are long over­ Even the teams that did not advance hit the asbestos seal on the pipe while he Helm told the student services commit­ due. But Dean Helm and Director of were raving about the excellent organiza­ was moving or storing books, he didn't tees, composed of faculty and student Facilities Management George Helm tion and the amount of work that went know what he was hitting because no one members, in early February that the are taking steps in the right direction. into every aspect of this competition, ever told him. bookstore was closed, she refused to We urge Uie administration to inform from the fact-pattern, to the discount Mr. Hollander said he asked school give a reason. It was only after ne both students and faculty of their pro­ tickets for New York events. (Rather authorities to clean up the bookstore for Beponer found out that Gil Hollander gram, to post notices of results, and to than wallow in misery, the losers visited years-and they did nothing. He finally was locked out of the bookstore inform the NYLS community and ap­ the Palladium, Chinatown, Little Italy, took matters into his own hands and because the administration feared propriate government agencies when the Hard Rock Cafe, and the like). Our hired an independent laboratory to asbestos contamination that the school work is being done in an asbestos­ guests were particularly impressed with assess the situation. The lab confirmed admitted the problem. contaminated area. the fact that the competition is almost his worst fears. They told him there was Ethical and moral obligations exist The administration must take the entirely student-run. If they had not asbestos in his bookstore, and they even if there are no legal obligations. lead in creating a healthy environment. heard of New York Law School before, recommended that he clean up the mess. The school should follow the EPA It needs to work with both students and they sure would not forget us now. He followed their advice and the school asbestos guidelines, which are ap- faculty to solve the asbestos problem. Brian Graifman April, 1987 • NEW YORK LAW SCHOOL REPOIITER • Page 9

Letter. chairman, Dame Mary Warnock (since raised to the peerage as Lady Warnock), Baby M, as the Warnock Committee. The War­ Mystery, nock Committee Report made several recommendations to Parliament for British Style legislation against surrogacy. In July Intrigue, To the Editor: 1985, Parliament enacted all but one of There is a story about A. v. C., (1985) them in the Surrogacy Arrangements Mayhem, F.L.R. 445 (Fam. & C.A. 1978) (in Act (Eliz 11, C. 49). which the English Court of Appeal On the judicial front, as well, things awarded custody of a surrogacy-born were not quiet. In January 1985, the Free Drugs*, child to the mother, and denied visiting Family Division had to decide another rights to the father, the precise opposite surrogacy case, known in the London and of Judge Sorkow's decision in the Baby press as the Baby Cotton case. Here M case), which is of parochial interest there was no dispute between the sur­ since it relates to one of our professors. rogate, who was willing to surrender the Casual Sex I learned about this case by reading child, and the commissioning couple, a the published writings of Prof. Don pair of American infertiles who had Might Be Yours! Shapiro. You will note the remarkably hired an Englishwoman to bear and sur­ long period-seven years-between the render to them her baby. The London date of the decision and the date of its Borough of Barnet, in which the baby If You publication. was born, petitioned the Family Division In May 1984, Prof. Shapiro delivered to ascertain the custody of the child. The JOIN THE REPORTER the Sacks Lecture at the University of Family Division decided in favor of the Oxford. During that lecture, Prof. commissioning couple, since the sur­ Shapiro suggested, as a purely rogate did not want her child and the We Need hypothetical case but one likely to arise, coilple were found suitable. The in­ of a commissioning couple suing a teresting thing about the judge's opi­ Reporters, photographers, Artists, Extortionists, repudiating surrogate for specific per­ nion, however, is that he thought he was Swindlers, Bag Men, Party Animals, Punks Perverts, formance. After the lecture, two deciding a case of first impression in gentlerpen presented themselves to Prof. England. Fuck-offs, Jesus Freaks, Dead Heads and a new Shapiro. One of them was Lord Justice The Warnock Committee, in its ex-hippie. Ormrod (who is also a physician), the discussion of surrogacy, betrayed no other was Lord Justice Cumming-Bruce inkling of any knowledge ofA. v. C. This -two of the three Justices who, in the is due to the fact that A. v.C. was not Why don't you visit us in our lovely loony bin(C-102)? Court of Appeal, had in 1978 decided A. published until May 1985. This also ac­ v. C. They told him about the case. Prof. counts for the rnisimpression of the Shapiro was atonished that his resear­ Family Division judge who decided the ~pirin only ches had not turned it up in the published Baby Cotton case, Barnet, Re C., [1985) reports. They reassured him on that F.L.R. 846 (Fam.), that he was deciding score. They had decided not to publish a case of first impression, for his deci­ the decision, they said, because they con­ sion was rendered in January 1985, and sidered it of little precedential value! 1 A. v. C. was not published until May assume that by this they meant that they 1985. considered so bizarre a transection When the House of Commons unlikely to recur. debated the bill -w:hich became the Sur­ Evidently they changed their minds a rogacy Arrangements Act 1985, A. v.C. year later, and decided to publish it. In had not yet been published, and May 1985 it was printed, not in the of­ members' statements showed that they ficial reports, but in the Family Law thought there was no case law on the Reports, an unofficial series published in subject. By the time the House of Lords London which has made its way into debated the bill (in June and July 1985) very few American law libraries. The A. v.C. had been Published, and two Library of Congress does not have it. members referred to it, one reading a key 5:,\'1--1-~ \..; fl"- ' The copy I have used I obtained on inter­ passage holding surrogacy arrangements L)e.)"' #1'1 ·-1- _L,\t, library loan from the librarian of the unenforceable as contracts for the pur­ . 'II fet,.-1 University of Virginia School of Law. chase and sale of a child. ,.r. "fo•J , vp",., In the twelve months that elapsed bet­ If there is a moral to all this, it is how I u''"t, t,,t\,q, ' ween Prof. Shapiro's Sacks Lecture unwise it is of courts to suppress-or a. . 5• j; "1 \, . f,t.S \. -fo ~ ,-.v• S ' ,. j . r'l'i

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Northern Callfomla New Yortc Musactiu,etts 129 Hyde Street 10 East 21st Street, Suite 120&-7 6n Beacon Street, Suite 201 san Franctaco, CA 94102 New York, NY 10010 Boston, MA 02215 (415) 776-3202 (212) 605·2060 (617) 267-5452 April, 1987 • NEW YORK LAW SCHOOL REPORTER • Page 11 The View From Over The Hill: Bob's Over ''30'' official said, after all, if we give special space for good solid reporting. We dedicated to reporting the news at NYLS dispensation to one student, we'd have wouldn't have to worry so much about and who will stick with a story, even to give it to everyone. Could you imagine how we're going to pay the printer and when they are faced with the ominpre­ 1, 100 student besieging the good offices the typesetter. sent "no comment." We need people of the administration for special dispen­ But there's a catch. The grim spectre who can work with their fellow law sation during exam-time so they could of censorship exists if the school were to students in getting at least one issue out flock to their favorite spots throughout directly fund the newspaper. A dead per semester even if they feel the the world? newspaper is better than one whose voice newspaper's impact on the school is Imagine the headlines in the NY Post: is effectively silenced because of fear of limited. "NYLS student Busted in Morocco; reprisal or censorship. This issue will be our eighth one since I Misses Ethics Final exam." Deans Fishman and Jonakait have. joined the managing board of the • • • been supportive of the newspaper. Dean newspaper two years ago. It hasn't been The most difficult story I worked on Fishman attempted to open the aoors of easy. We've worked with a skeletal staff. in the past two years was the asbestos communication between the administra­ But we've been committed to ~he story in this issue. It was also the only tion and The Bepor&er by creating an Beporter because we care. We care time an administrator confronted me as open dialogue. Dean Jonakait called about this school even when we disagree to my motives for writing the story ~he Bepor,er when he became with it. before the story had been written. Associate Dean of Academic Affairs to by BOB GOLDMAN Mark Solasz, a new recruit to the ask us to call him if he could be of any newspaper, worked very hard on the assistance on any article we were work­ Eyebrows were raised at Phi Alpha research for the article. We received a ing on in the coming year. Delta (PAD's) recent exhortation to the rule from the EPA, and thought it ap­ Several faculty members have not on­ student body to come to the fraternity's plied to law schools as well as elementary ly supported us, but have appreciated the Valentine's Day Party with a "heart and secondary schools. Late one after­ wit, eclat and journalism of the on." The unusual event was co­ noon, we contacted Dean Helm to get newspaper. Professor Cyril Means, the sponsored by the SBA. her response to the EPA rule. erudite champion of the First Amend­ But the shit hit the fan when, at the Dean Helm invited Mark and me up to ment, has given us more than a few height of the melee in the student lounge, her office, and I started the interview by pointers. And then there's the best­ a stripper sauntered in and began to reading appropriate sections of the rule. dressed professor who doesn't like to see disrobe. "But this doesn't apply to law schools," his name in print. Acting Assistant Dean Amy she said. I re-read the scope and purpose As I look back over the last two years, Grossman told student leaders in no of the act, then quickly looked at the I think we covered the most important uncertain terms that, in her view, a law definition section. Dean Helm was cor­ events and issues in the school. From the school has no place for strippers-at rect. I stopped dead in my tracks and day Jimmy Carter spoke at NYLS to the least those strippers who perform what lapsed into silence. current report on asbestos, ~he they're paid to do at an institution of Dean Helm continued, "You know, Beponer was there, reporting the higher learning. She was about to sound you're using harrassment tactics. The events and assessing its impact. a death knell to any more of P AD's wild reason you're so concerned about the l'd like to thank everyone who worked and crazy parties for this semester when asbestos issue is because you're siding on the newspaper in whatever capacity. the facts took a peculiar tum. Apparent­ with Gil." I'd like to thank Joanne Zervos for her ly, the D.J. had called in the stripper, It was an unfair allegation. We were ideas, her reporting and her enthusiasmj and the fresh-faced boys from PAD just trying to write a balanced article Bunji Fromartz, for his business ''Wo maintained their innocence of any about asbestos in Gil's old bookstore, management, news sense, and his in­ wrongdoing. and we thought the EPA act, which tuitive grasp of what each issue would thanks, But where's the D.J. going to get the mandated procedures for dealing with look like before it went to press, and $75 or so to pay a stripper if he only friable or dangerous asbestos, also ap­ Glen Gentile for his technical proficien­ makes about $150 a night? Seems the plied to law schools. cy in doing layout and writing headlines. 'ftlrat.ier D.J. may have had more than a "heart The administration, for the most part, Glen and I did most of the copy editing, on" at this jamboree. The fella must'a is neither supportive nor hostile to the and that was no easy task. Bunji edited .iave had a heart of gold. school newspaper. Dean Simon has a two issues, including the last one, entire­ The question, in this incident, should hands-ofi approach. The school ly on his own. not be "who done it?" but "why not?" newspaper used to be funded directly by Thanks to Dianne Pine, Kenny Fried­ antg,yle:' Why can't students bring in a stripper? the school until a conflict broke out man and Ellen Rosner for starting the Even if the administration and some several years ago between Equitas and entertainment section of the paper. I ap­ students viewed this spectacle as an ex­ The Advocate. fte Beporter was form­ preciated the contrast between Kenny's ample of egregious and perhaps even ed as the result of a merger between the down-home, hard-hitting style, and "sexist" behavior, don't students have a two newspapers. We won the battle, but Dianne's more poetic and metaphorical right to run their own parties in their own we may have lost the war. Now, we reviews. way as long as no one is. physically hurt receive funding solely from the SBA and • • • • ® or committing any illegal conduct? advertisers. By next fall, two out of three members Dean Simon should consider suppor­ of the Reporter's managing board and American • • • • ting NYLS's only school newspaper as half of the staff members will have Cancer Society A student recently asked the law the voice of the students and as an effec­ graduated. By the spring semester, only school to reschedule an exam so she tive vehicle for the exchange of ideas. two staffmembers will still be here. Does could take a state-sponsored trip to the Direct financial support and/or tuition this mean fte Beporter will roll over Soviet Union. The school said Moscow rebates would increase the number of and die? We hope not. But we need an would just have to wait. The exam could people who would join the newspaper, infusion of journalistic talent. We need not be rescheduled. An administration and it would give us more breathing people to join fte Beporter who are

Ernst Stiefel Fund Founded Attention Nerds New York Law School announced symposia, visiting lectureships, scholar­ that it has received a major endowment ships and faculty research. Do you spend too much time from Dr. Ernst Stiefel, a member of the Dr. Stiefel is a member of the Ger­ studying and worrying about your Law School's adjunct faculty since man, English and New York Bars, as GPA? Did you ever cancel a date 1976. The endowment, to be known as well as a Licenecie en Droit in Paris, to go see your favorite rock group the Ernst Stiefel Fund, will support a with degrees from the Universities of because exams were two weeks wide range of projects in Comparative Heidelberg, Paris, Strasbourg and Mid­ away and you couldn't spare the and International Law at New York dle Temple, Lonon. He is counsel to Law School. Coudert Brothers, a leading law firm in time? Are you a nerd? Relax. Dean Simon indicated that the fund international and foreign law, in New There's another way. will support several new projects and in­ York and abroad. Contact ~he :Reporter. The Joshua Tree U2 Tops billboard itiatives, including library acquisitions, chart for second week-Review Page 15 Page 12 • NEW YORK LAW SCHOOL REPORTER • April, 1987 •

aac • The American Express• Card can get you virtually everything from a leather jacket to a leather-bound cl~ic. Whether you are bound for a bookstore or a beach in Bermuda So during college and after, it's the perfect way to pay for just about anything you'll want. How to get the Card before graduation. College is the first sign of sucx:ess. And because we believe in your potential, we've made it easier to get the American Expres.5 Card right now. You can qualify even before you graduate with our special student offers. For details, look for applicatioro on campus. Or just call J-SOO-THE-CARD, and ask for a student application_ The American Express Card. Don't Leave School Without It~

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TOXIC TORT LIABILITY-THE NEW FRONTIER IN ENVIRONMENTAL LAW. ~--·-·-·-·-·~----·-·-•-. Learn about it in... O Send me Making Polluters Pay. Enclosed is my check for: MA.KING POLLUTERS PAY: _ S44. law flnnAawyer _ $22, law studenVpublic interest org.

This Citizen's Guide to Legal Action and O 1 want to join Environmental Action and Organizing is published by Environmental Action help make the polluters pay. $20 a year Foundation, a national citizen lobby which fights Includes s iX issues of Environmenta l Action to protect the environment. Its two section~ total Magazine. 170 pages: Name ______---'-'--- Legal Action * Address ______* Citizen Activism City ______,,_,ta te __--<.,Zip ___ Help toxics victims exercise their legal rights-­ Making Polluters Pay Make checks payable to Environmental Action, order and join 1525 New Hampshire Ave., N.W., Environmental Action. •.. W-as.hin -gton·---, D..C -. . 200. -36 . - . - -- . - . - . - April, 1987 • NEW YORK LAW SCHOOL REPORI'ER • Page 13

by Dianne Pine trols. fact, Dixon covers two Lowe tunes on classic Dizzy). But with a funkier beat Don Dixon is not exactly a household the record. just perfect for dancing. name, but almost every band that he bas Praying Mantisopenssideoneand by Dixion's style encompasses more produced in the last five years bas made itself makes this record a classic. A than just dance pop. On Talk To Me the jump from college radio playlists to female insect is described as she devours (not the Southside Johnny/Springsteen major label record deals. There are her partner on one of those Disney/Na­ chestnut), his vocal style is similiar to R.E.M., Let's Active, the Smithereens, tional Geographic-type specials and all Sam Cooke and the song itselp is soulful Guadalcanal Diary, Marti Jones, and Dixon can see is the similarity between and sentimental. now Dumptruck (more on Dumptruck the bugs and his own girlfriend. The .Renaissance Eyes and Andy are s1 later). Now, Don Dixon has finally video (if you can catch it on MTV) dominated by piano and are more ~ released his own album in the U.S. (in shows great shots of bugs and Dixon. ballad-like in delivery. Nick Lowe pen­ 0- • 'o the U .K. its been out for 1 ½ years', Dixon's style here is slicked-up 60's ned Andy as well as Skin Deep. i Dixon's Band, Arrogance had a bubblegum pop '(like Tommy Roe The album closes with a fantastic ,-~ mid-70's major label release but re­ cover of When a Man Loves a Woman ••IIIIIZ!. '"' mained relatively obsure. Anyone who done live and shows Dixon's strenght as Quick! tell me everything you know enjoys well-crafted pop tunes with a a performer. This is a strong album and about the producer of your favorite humorous twist in the lyrics will fall in Don Dixon deserves recognition as a album. If you are like most people you love after just hearing the title. recording artist. However, it's as a pro­ might not even know his name, let alone Most of the Girls Like to Dance But ducer that Dixon receives his highest ac­ his sound or style. But more and more only Some of the Boys Like To claim. record companies won't even listen to a (Enigma) is filled with Don Dixon's Positively Dumptruck {H1g ·11me1 new band's independently-produced observations form a tilted perspective­ A & M) is the second record by this record or demo tapes, unless one of the which very few can match. His songs . Boston band and the latest Dixon­ hot, new producers was behind the con- call to mind early Nick Lowe and, in Don Dixon produced "college radio" band to make good. Dumptruck's trademark sound is a mix of heavily layered Byrds­ like guitars with gravelily vocals sung in a drone-like incantation. Dixon cleaned up the mess and has the boys playng much tighter and neater. The melodies stand out more and this makes the songs IOIIPHION more enjoyable. Back Where I Belong has fuzzy, buz­ zy guitar layers and sounds like the ~· Byrds or Buffalo Springfield. Lyrically IKIIIWIII the song is full of fragmented images of a broken relationship. More of the same style can be beard on Secrets, Nine Peo­ '' ple, and Walk Into Mirrors. is Dumptruck alters their style slightly on Alone, which is more pop and sparser with the guitars. Winter is a pretty tune and calls to mind R.E.M. in NOW ACCEPTING APPLICATIONS its delivery. On occassion, Dumptruck evokes the FOR 1987 - 1988 Beatles circa Revolver on Autumn Light. In fact, play Autumn Light next CAMPUS REPRESENTATIVE POSITIONS to Tommorrow Never Knows and all your friends will think-you are a D.J. because you made a perfect segue. This album is far from adventurous. If you like, as 1 do, this genre of the 60's reinterpreted, Dumptruck makes a FOR INFORMATION great listen. Live, the bank is similiar to other Boston bands who have similiar SEE YOUR JOSEPHSON/KLUWER styles (check out the Neats or the Lyres). CAMPUS REPRESENTAT.IVE Don Dixon's influence is felt even beyond the bands which have made it to vinyl. Hundreds of young bands send demo tapes to him and his style of clean­ sounding vocals and sharp guitars is carried on by sometime collaborator OR CON.TACT Mitch Easter. There have been so many bands coming out ot Easter's North Carolina Drive-In Studio* that a back lash has developed. Many college radio - programmers have started to dismiss them as too cute, too pop and even too JOIIPHION mainstream. That is unfortunate. Ma­ jor labels often rely on a band's college radio air play to determine if a band is ,t llllJWIII worthy of signing to a deal. The clean lEGAL EDUCATIONAL CENTERS, INC. sounds ofthe Smithereens is an example 10 East 21st Street of great music just waiting for a com­ Suite 1206-7 merical outlet. Don Dixon and the bands he pro­ New York, NY 10010 duces are worth listening to. Be (212) 505-2060 modem, step back into the 60's and don't forget to dance. (800) 421-4577 •The Drive-In Studio is owned by Mitch Easter. He built it in his parents garage when he found New York too ex­ pensive to work in. Page 14 • NEW YORK LAW SCHOOL REPORTER • April, 1987 Shots from The S.O.C. Hop ... . Over $-1.000 Raised

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Emcees Michael Cintron, left, and Ellen Rosner, right, with "venue procurer" John Contini. Bobby Blecker doing what he does best. I "Does that disturb y ou?" Media Law Project Symposium:"First Amendment Protection of Rock Music" f,

edia , L A w· Speakers (l. to r.): Dr. Jimmy Allen, Southern Baptist Convention; The censors say they're protecting the family Robert Perry, Esq., Prof. N.Y.L.S.; Brant Newborne, Senior Editor Rolling Stone; Bertram Baral/, M.D., psychiatrist; Nancy Marcu.s:si, Promoter unit. .. but the reality is.. . ifyou suck a tit, Siren Productions; Lois Sheinfeld, Prof. N. Y. U.; and Clayton Knowles, Esq., you get an ux,,, but ifyou cut it off with a attQmey for Twisted Sister. sword, you're rated uo,,. Jack Nicholson

. ' April, 1987 • NEW YORK LAW SCHOOL REPORTER • Page 15 1 11011' I Bl~f~1IIII~ A Cf)III•1IC'l BISI{ JUNl{II~ WANTED by Ken Friedson funke/'s Greatest Hits (import), and Ritenour-Harlequin. Some real It started off simple enough. My wife Elvis Costello's Greatest Hits. For the treasures are on the Verve label. The "DEEP THROAT" bought me a Sony CDP-55 compact jazz fans check out DMP discs. This is CDs of Louis Armstrong-Silver Collec­ disc player. I was thrilled to death. Alli an all-digital label that only records for tion, Billie Holiday, Silver Collection, Are you a member of the ad­ needed now were CD's to play. All of CDs. Try Flim and the BBs-Big Notes, Ella Fitzgerald-Silver Collection. One ministration or faculty? Are you my friends suggested hundreds of titles, Andy Laverne-Liquid Silver, Warren would think that due to the age of these tired of the tedium of law school? and forwarned me about how the quali­ Bernhardt-Hands On, John recordings, they would not be up to to­ Would you like a month's vacation ty on some discs are awful. I ignored the Tropea-N. Y. Cats Direct, Bob Mintzer day's standards. Quite the contrary. in Aruba or Tahiti next fall? Sand They could almost pass for digital latter, and on a whim picked up The Big Band-Incredible Joumey and Gerry swept shores and sunshine for the Young Rascals Greatest Hits and Bach Niewood-Share My Dream. These CDs recordings. For the classical fans, try I taking. Do you sometimes feel the Meets The Beatles by John Bayless. The score a " 10". There are other artists Musici-The Brandenburg Concertos burning desire to tell all so that right Rascals CD was so bad that I threw up also available on this label, but space (2-discs), / Musici-Mozart-Pachelbel­ for days. Bayless however, was crystal doesn't permit me to name them all. Albinoni, Mischa Maisky-Bach-Six and justice may prevail? Do you clear, no hiss, wonderful sound quality. GRP Records also offers state of the art Suites for Solo Cello (3-discs)> all of want to make a difference? The I quickly learned that one must be a pru­ sound. All-digital as well. Check out which appear on Phillips. One beautiful Beporter needs a "deep throat" dent buyer of these discs. I needed to Eddie Daniels-Breakthrough, Dave CD is Christopher Parkening/Kathleen from the faculty or administration. find out more about bow to shop for Grusin-Mountain Dance, Glenn Miller­ Battfe (soprano)-The Pleasure of Their You won't just be a stool pigeon. these. I came upon Digital Audio In The Digital Mood, Kevin Eubanks­ Company. You'll be a legitimate spy who will Magazine. They review a bountiful Face to Face, Dave Grusin/ Lee I'll have more suggestions next issue. win the admiration, gratitude and selection of CD's monthly and have love or our beleagured and over­ been right on the money. As I came MUSIC CHASE: IJ2/flffl JOSHUA TREB/ISLAND RECORDS worked staff. if interested, contact upon more and more CDs, my body was ne Beponer, room C-102. all not satisfied. It craved more CDs. I The last album U2 put out was U11- mat are so similar that if you like one, replies kept in the strictest con­ became a crazed man. Can I sell for f orgettable Fire. Unforgettable it was. you will like the others. As I said earlier, cash-no, then we wouldn't have a car. I That is also 1he main problems with there aren't any songs that give you a fidence. eventually got good money from my their newest album - The Joshua Tree. peak or high like Pride or some others mom and sister, and soon had a great Since Unforgettable Fire brought the on Unforgettable Fire. May be the band Students-$ $ $ $ collection. Let me share the real finds band into mainstream, U2 bas been never intended Joshua to be such an with you. For the rock fans: All 4 making the most of its popularity to album. Its just that the novelty and MUCHOMONEY orginality of Unforgettable Fire over­ Beatles releases are great. Virtually no keep the Fire. Become part of the Reporter's Please don't get me wrong, the album shadows the simple, but strong, Joshua hiss and clear, crisp instruments. One sting operation. Wine and dine with must realize however, that these were is excellent. It is traditional U2. The Tree. important members of NYLS. The released in mono and were recorded in sound is unmistakable U2, but with a I recommend Joshua Tree to any, even the mid 60's. Kate Bu.sh-The Whole more mellow, jazzier and consistant slight, fan of U2. It has solid rock with Reporter needs investigative Story is a greatest hits compilation and mood, it lacks the climaxing thrills of lyrics that are original and have mean­ reporters who are willing to put their is a great compilation. A few other CDs Unforgettable Fire. ing. For newcomers, don't miss Un­ bodies on the line. Become the are Steeley Dan-A Decade of Steeley Every song on Joshua Tree is strong, I orgettable Fire, then decide. For U2, Mata-Hari of your generation. Con­ Dan, Buddy Holly-The Original Master not repetative and good listening music. they now have an even greater reputation tact The Beponer. All replies kept Tapes, Joni Mitchell-Court and Spark, Some will, of course, like some songs to carry. in the strictest confidence. Billy {oel-The Bridge, Simon and Gar- better than others, but the style and for- Todd Dworman

1 WISH T ~AD 1A~EN PIIPEB

The Bar Course That Cares For information see your Pieper Reps or contact: ,11PBI KBI TDII-IULTISTITB BIR 111111, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (SIG) 747-4311 .______PIEPER REPS

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-- - Page 16 • NEW YORK LAW SCHOOL REPORTER • April, 1987

CONG JULATIONS To The Class of 1987

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