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1979 1979-1980 School Year St. Mary's University School of Law
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Recommended Citation St. Mary's University School of Law, "1979-1980 School Year" (1979). The Witan. 15. https://commons.stmarytx.edu/witan/15
This Newsletter is brought to you for free and open access by the School of Law Publications at Digital Commons at St. Mary's University. It has been accepted for inclusion in The itW an by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. • 1tan• Volume 8, No. 1 St. Mary's University School of Law September, 1979 Dean Castleberry Reflections on His First Year by Bill Hayes e nrollment, accredita· plans for changes that were class is not at a level that it used to build, furnish and tion and the new library. necessary and appropriate could be," he said. Student maintain the new law Citing several curriculum and I have been successful faculty contact has been library/classroom building, Editor's Note: Dean Castle changes made in his first in achieving some of them." substantially decreased, he Castleberry said. berry was kind enough to year, Dean James N. "This is one of the eight said. Three new faculty offices grant the Witan an inter· Castleberry said that he was best law schools in Texas," An enrollment of 575 and additional administra view to discuss his refiec· generally pleased with his Castleberry said. could be accomplished by tive offices would be tions on his first year as first year as Dean of the law The one goal he did not placing a limit on the included in the new build Dean of St. Mary's Law school at St. Mary's. achieve was his failure to numqer of first-year stu ing, he said. School. In addition, the "I can look on this past obtain a commitment from dents at 200 for the next few "It will be a two-story Dean discussed such issues year with satisfaction," he the University to lower the years, he said. Normal building. west of the present as tuition, the dress code, said, adding, "I had some Ia w school enrollment tar attrition should reduce the law library and connected get, he said. ent.ire student body to a by a covered walk at the "It is the view of the Dean more desirable level of 575. second floor level," he said. and the faculty that total Placing chairs in the aisles One classroom will be full time student enrollment of classrooms because of huilt on the first floor along should be limited to 575 overcrowding, as done in with a student lounge and students,'' Castleberry said. years before will not be Curn•ntly, the university allowed this year because it (Continued On Page 7) mandates a total law school is a safety hazzard, Castle· enrollment of 660 students. berry said. Witan Sets "The plant was designed Even with the new for an absolute maximum of library/classroom building 575 students," he said. The that is planned, the Dean's Deadline present physical facility was goal of 575 students will A permanent deadline for built in the late 1960's with remain, he said. submission of articles, car an enrollment of 350 "The new facilities will toons, poems, etc. has been students in mind, he said. enable us to accomodate the established for the Witan. "The result of this 575 students," he <5aid. "I The twentv-fourth (24th) overcrowding is obvious this don't envision increasing the of each month IS henceforth fall in terms of the large enrollment above 575 stu the deadline for the issue for numbers of full class dents." the following month. This sections - with not enough With the new library/ will enable the staff to get seats for students who classroom building. the out the paper during the would lilke to enroll in those school will be able to offer first week of the month. sections," Castleberry said. additional. smaller classes Thus, for the next issue Also, "the seating capaci and seminars, Castleberry (October) all material for ty in the library is grossly said. the Wftan must be submit inadequate," he said. A planning session with ted no later than Monday, "The opportunity for all the deans in the September 24. DEAN JAMES N. CASTLEBERRY students to participate in university was held this To submit an article or week and Castleberry said story simply give your that he hoped to have the creation to any one of the enrollment goal lowered at persons named in the Witan Summer Changes that time. Staff Box on Page 2. by Erwin McGee second semester Constitu attend two full 8 week NEW BUILDING Your article may be any tional Law II in the summer summer sessions or the length and need not be The summer of 1979 of 1980 so that they may equivalent thereof. The law school is awaiting typed, but if handwritten, entertained several subs complete the course in the Caveat: For those stu final approval of a $2.5 please double-space. All tantial changes to both Fall prior to graduation. dents who have attended million gift from a Texas material submitted is sub course outline and faculty Although it is not encour the University of Texas foundation which will be ject to editing, of course. here at St. Mary's School of aged, .:;tudents who find it, Law. Perhaps the most Summer School or antici for some valid reason, pate doing so, in recent notable change is the impossible to take Constitu moving of Agency and years UT summer sessions tional Law II in the summer have covered 12 weeks (four Justice Rehnquist Partnership as well as may petition Dean James weeks plus exams and six Remedies into the second Castleberry for approval weeks plus exams) which year of study for 1979 Coming and if granted take Consti would allow a student to matriculants and replacing tutional Law II this Spring attend a full UT summer • The Honorable William H. and Rehnquist are good those two courses (6 hours) with the May graduates. session and just a half Rehnquist, Associate Jus friends, having become with Constitutional Law (5 summer session here next tice of the United States acquainted through Phi hours) and making the Legal Associate Dean Edwin summer when St. Mary's Supreme Court will address Delta Phi, of which the dean Schmidt cautions all stu Method (formerly Legal will have two equal sessions the St. Mary's Law School is past-national president. dents who anticipate early Bibliography) and the Legal covering eleven weeks Law Alumni Association graduation that six full The black-tie banquet will Research and Writing Cour tiuring the summer session. Banquet on Saturday, Octo semesters (a full semester be held at the Plaza ses both two hours. The conclusion to this is that ber 20. Current second year being 16 full weeks) of "We hope to have a N acional Hotel and tickets proper planning will allow a are $50 per plate. students will take Constitu full-time resident study are student to graduate early reception for the banquet tional Law with former required during two sum and have a half summer of sponsors on Friday before The alumni are very Dean Ernest Raba in mers for early graduation. vacation from the rigors of the banquet in the Faculty happy about his coTQing_and academic year 1980 81. In order to accelerate and study during the second l...ounge," Dean Castleberry this year they are in charge Second year students who avoid the sixth semester summer. This situation said. of the banquet, Castleberry accelerate graduation to (Spring semester of third Castleberry said that he said. December of 1980 will take year law), a student must (Continued On Page 6) •• Page2 The Witan September, 1979
Ever since school started in late August, several curious parties inquired as to the nature of the premiere Witan editorial. After all, they pointed out, there is ample amount of editorial fodder such as the dress code, tuition, grade inflation, ad nauseum. To each, however, I kindly replied, "Beats the hell out of me." And when it came time to write this editorial, rather than Witan attempt a blistering barrage on the law school faculty or the university's tuition, I decided to leave you with how I perceive my position as Editor of the Witan and my philosophy on the function of a student newspaper. My thesis is this: The Witan, and furthermore, its editor are not the vanguard of the student body. The leaders of thought and opinion are the representatives elected to the SBA, particularly the officers. They, not the newspaper, should be the means by which the studt:nt body as a whole expresses its opinion on various burning issues. It is my belief that a newspaper should be exactly what it professes to be, i.e., a disseminator of news. A newspaper should provide its readers with an objective account of events which concern them. It is then up to the reader to form his or her own opinion based upon the facts. A newspaper, especially a student newspaper, should therefore report events of interest to its readers -the student body. Thus, a newspaper should provide food for thought, not digested beliefs and opinions. The Witan should not be utilized to further the opinion of one under the guise that it represents the whole as a school newspaper. It does not. At most, the views expressed in an editorial represent those of one individual. It would therefore be a travesty if I were to attempt to take a stand on an issue and publish it in the Witan as if it represented the opinion of the student body. I feel neither wise enough nor supercillious enough to form Editorial beliefs for you as a reader. I have always loathed the editorial section of any newspaper that attempted to tell me how to vote or how I should believe a particular state of facts to be. The Witan, therefore, will attempt to deliver to the student body the facts surrounding a newsworthy event and from those facts you the reader can render your own opinion. On the other hand, if I find personal expression of disgust, dismay or glee is warranted, so be it. But it will be an individual utterance and not an attempt to represent the point of view of the entire student body. In sum, if a student is either bewildered or overjoyed with some Welcome Home occurrence, he or she should either express his feelings individually as in a As most of you already eral Rules, Federal Courts, letter to the Witan or should seek an SBA representative, and allow him or know, this fall heralds the and a Sales Course spent her to voice an opinion. The Witan is not the representative of the student return of two expatriate last year lecturing at S.M. U. body, it is merely the forum for student events and cr~ations. professor. Messrs. Thoma,~ Glos, who teaches Con It is important at this time to tell you how I feel about newspaper Black and George Glos have flicts, Remedies and Inter editorializing because last year a minor brouhaha ensued when the Witan returned to St. Mary's after national law spent the year editor refused to lead the "student body v. faculty" battles on the editorial spending a year in aeademia teaching in Tennessee. page. He, as I, felt it was up to the elected SBA and not the Wi~ . elsewhere. Welcome back. You m~ n~e a few alterations in the Witan this year. The paper is now Black, who teaches Fed- composed of five columns and is 14 inches long, not 12. In addition, we have switched to a larger and different type face. These changes along with more graphics will hopefully eliminate much of the grey areas of past editions and facilitate easier reading. W .S.H. (SC) OOPS!
Have you ever missed re~ding the book and every class in a course, tried without attending class or Too Hot to Handle repeatedly to drop it, not the final, Deyeso managed Thanks to our President library. The regulations 78 degrees and let the rest take the final and still to score a 74 on the final in Washington, the buildings permit the 78 degrees to be be a little cooler. received a passing grade? exam. That's right. here at the law school are based on one place in the No? Well, that's what Jane She received three hours being "cooled" at a tepid 78 building at which it must be Deyeso did this summer in credit and a 74 for a course degrees farenheit. 78 degrees - the rest of the Dear First Years' Constitutional Law. she did not take. She said Needless to say, it seems structure can have a According to Deyeso, she that it was explained to her as though it's a great deal temperature below that. So, I must apologize for registered for the course in that she was confused with closer to 85 degrees in the why not set the thermostat missing your orientation the usual manner. Later, someone else. Regrets are buildings, especially on the in one area of the building at session to tell you about the she decided not to take the extended to the one she was second floor of the library. Witan. I was in Mexico at course and repeatedly confused with, now sporting the time and was somehow attempted to drop it. a 55. When we last investig· sidetracked. Not withstand One bright note, however. ated the snack bar (aka Deyeso, third year, did Party! ing, I now ask that you lend Deyeso, true to the Honor Snack Pit, now Handy Andy not ~ttend a single class nor Code, did look a gift horse in What could be more a hand in the production of di Wttan is published by students of St. Mary's Law School, monthly Editor-in-Chief .. William Hayes except June and July. The views expressed herem are those of the Managing Editor Colleen McHugh tndtvtdual wnters and do not necessanly reflect those of the WIT AN, Arttcles Editor Martha Warren tiS edttors, the admtmstrators, or faculty, unless otherwtse stated. News Edttor Erwin McGee The Edttor ts responstble for the views expressed m uns1gned ar Features Edttor Wtllard Hall tiCles Consultant Win Byers Arttcles m WITAN may be reproduced and quoted provtded that Fmanctal Affatrs Mark Mtller credtl ts extended to the publication and the author of the arttcle so Faculty Advtsor Dr. Harold Gtll Reuschletn Contnbutor J Atherton used. and nottee of such use ts gtven to the publication. Septeno b .:r, 1179 TheWitan • Page3 ~------~~------=-- "Tar Wars" Clements-Who Pays Spill Bill? Punto Contra Punto By Anne Schwartz By Peter Kinder Whyisitthatin t.imesoftragedy-like war, depressions, nuclear disasters, It is not often that liberal demagogues have handed them a set of and now an oil spil: that is at this very moment spewing 10,000 barrels of oil circumstances as readily exploitable as that presented by the tragic oil spill onto the Texas coast-that we, the "liberal ideologues" get "handed them". in the Bay of Campeche. Not only are environmentally sensitive areas according to brother Pete, "to exploit?" I, for one, could do very nicely threatened, but a body blow has been dealt to the Texas Gulf Coast areas of without any of them. It gives me no great pleasure. I take absolutel:y no fishing, shrimping, and tourism. Losses are as yet incalculable, but are satisfaction from any of it. I would much prefer to be somewhere (like Padre certain to reach tens of millions as the damage mounts this fall. But the real Island, for example) hanging out on the beach, swimming in the ocean, key to the increasingly hysterical liberal rhetoric we've heard for a couple of soaking up t he sunshine, and generally getting laid back and mellow. But weeks now is this: the drilling rig used in the blown-out well is the property Nooo ... of SEDCO, an oil drilling firm founded by the man who last year defied all It seems to me far too serious a situation to indulge in the sort of odds to become the first GOP governor of Texas in a century, Bill Clements. demagoguery that portrays all of us as "ravenous Jackals" pursuing an Never mind the fact that Clements' holdings in SEDCO were placed in a "egalitarian bloodlust" just because everyone is picking on poor Bill blind trust upon his election. Never mind that the drilling rig was leased to Clements. The fact of the matter is that, (to borrow a line and make a worse PEMEX, the national Mexican oil monopoly, whose negligence appears the pun), 'the buck stops there,' right on the good 'ole gov's desk. And bucks, big sole cause of the blowout. Never mind the fact that PEMEX employees were bucks, is at the heart of the problem-pumping, pumping, pumping. SEDCO doing the drilling, while SEDCO had only a skeletal maintenance crew on leased the oil rig to PEMEX-right? Are you with me so far? The Gov was hand. Never mind that one of the six distinguishing characteristics of a founder of SEDCO, Chairman of the Board of Directors, and a major corporation is the notion of limited liability. What you liberals would really stockholder; "was" because he resigned to run for election (after the like to do is to have the State of Texas sue Bill Clements in a fit of egalitarian equipment was leased) and put his holdings into a blind trust. (doesn't he get blood-lust. SEDCO stock back the moment he quits being gover nor and the trust Of course, the real reason why you would love to be able to hold Gov. terminates? Is the trustee also blind?) And now, Loe and Behold, Great Clements personally liable has nothing at all to do with a legal question. It Lands of Goshen, who do you suppose is President of SEDCO at this very has everything to do with political demagoguery. You simply cannot stand moment-none other than the Gov's son, yep, his heir of the body. so to what Bill Clements represents: he is a fabulously successful, self-made man speak. who earned his wealthy by PRODUCING energy. The notion of production is About a week ago, our governor and the Attorney General, Mark White, the key here. Production is an abhorent to liberals, who know only about appeared on nation-wide television. The Governor had just returned from consuming and redistributing wealth (the two functions performed by Mexico to assure the Mexicans that we, you and I and the State of Texas, government) after it has been produced in the private sector. would not sue. The news report pointed out in some detail how two, not one It of course comes as no surprise that a politician as practiced in strident but two, safety lock valves ttaat are supposed to keep the oil from escaping, attacks and shrill demagoguery as Cong. Henry B. Gonzalez has weighed in failed-they would not lock properly into place after the drilling shaft with his ill-considered two cents worth. Henry -B. is a master at verbal had been packed with mud. These locks, to be patently obvious, were bullying tactics of the kind he has unleashed on Gov. Clements, accusing the part and parcel of the SEDCO drilling rig leased to PEMEX. Now, just who Governor of a conflict of interest which taints any remarks he might make on is responsible'? Moreover, if the Governor is going to dally in international the subject of the oil spill. Gonzalez' position is that this "obvious" conflict of politics, he might at least take the time to read the Texas Constitution. The interest is the reason why Clements has urged a cautious, conciliatory Attorney General, and not the Governor, sues in the name of the State, at approach toward the idea of suing Mexico for damages. least the way I read it, and that's just what our Attorney General said. I've Several observations are in order.-(1) I submit that Clements' prudent also heard about the right to assign choses in action, but I have never heard counsel that a suit against Mexico is only the very last resort reflects a calm, of having the cause of action given away, and by someone who is not in a reasoned attitude born of years of decision-making in a high-risk business position to do so. where reality, especially unpleasant reality, cannot be ignored. The reality Finally, a corporation can be, and often is, held liable. Not O.!llY the of this situation is (2) that sensible people do not needlessly antagonize those corporation, but occasionally the corporate veil is pierced to hold the Board who have something that those sensible people need. This country needs a of Directors personally liable, and the Courts talk about it "whenever long term contract to buy Mexican crude and natural gas. San Antonio necessary to prevent fraud or injustice," in conjunction with the alter ego officials want desperately to cut the Burlington-Northern umbilical cord by doctrine. buying cheaper Coahuilan coal. These are sound reasons why Clements is Frankly, it's also em&arassing to me, as someone who loves Texas, to hear probably right. (3) Further support for this position surfaced when democrat our Governor say things like: "we should wait to take any action, because it's Bob Krueger, Special U.S. Envoy to Mexico, came through San Antonio only going to get worse." That makes no sense at all-wait, hang on folks, recently urging the same conciliatory attitude toward suing Mexico. let's not get hasty, after all if it's bad now, just wait for the really big One final word on Bill Clements, Anne. Although I think Texas voters disaster. showed massive good sense in rejecting your advice and electing him their So what do we do Governor? Sue Mexico, sue SEDCO, sue PEMEX, sue governor, I have no opinion as to whether or not he qualifies as a great man. you; or do what you suggest-nothing. Forget the whole thing, just a tragic I leave the determination of that question to historians and to those who mistake for the beaches, the fish, the ocean itself. Tragic for the people who know him personally. I do, however, know this about great men who assume live and work there, tragic for our children who will inherit our mess. It will leadership positions: they are invariably pursued by a motley crew, a pack of take, according to the latest estimates, 1,000 years for the complete jackals who seek to discredit and destory them. Bill Clements is developing such a pack. Keep up your attacks, Anne. Bill Clements may just make it to greatness yet. Spouses 1Jalance Book Pressure' SBA By Colleen McHugh more support for members family-type atmosphere by Sandee Ryan Homebuilders Assn. and their families," said within the law school Red Mass, November 8, In a contrasting world of Mrs. Flash Blackman. community; that is, more I would like to thank all 1979, San Fernando Cathe Lego's and law books, it's "That's the first priority." cooperation among existing the people who helped so dral usually the married law Included in this objective law school groups." much with Orientation: the Assault & Flattery, March would be the organization of Perhaps the most widely officers and Senators of the 21 , 1980, Our Lady of the student's spouse who known project of Law S.B.A. who helped set up Lake University creates an atmosphere of more social events for the entire family. Spouses is the classroom the program; the members Speaker's Institute, March "semi-normalcy" during the building bake sales, held of the Chili Team who 28, 1980, St. Mary's Univer law school years. And Law Secondly, the Law Spous every other Wednesday. cooked and served the hot sity Wives, or Law Spouses, as es plan extensive support of Law Spouses, Delta dogs at lunch; and the Law Day, March 29, 1980, it's now called, offers the the Law Outreach Program, Alpha Delta, was founded in orientation advisors who Oak Hills Country Club supportive spouse a support a program sponsored by St. 1961 and is affiliated with gave tours of the library. The graduation dates for group of her. or his, own. Mary's Family Life Center. the National Lawyers' The Student Bar Associa December and May grad The program, in touch with Wives. a group which has Law Spouses' new presi tion spent much of the uates have not yet been set; law students through on presented several awards to dent, Linda Blackman, re summer planning its annual however, several people campus counselors, offers the St. Mary's group. activities for this academic have already begun working cently explained the objec Enrichment Groups geared tives set out for that Law Spouses Meets Sept. school year. The following is on these commencement to law-school marriages. 12 at 6:45 p.m. in the Law organization's current aca a list of the activities, dates, exercises. Darrel Dullnig is "Thirdly," explained Mrs. Library Lounge. This week's and locations: chairman of the committee demic year. Blackman, "Law Spouses program is a double-decker Halloween Party, October "We'd like to establish looks to the creation '11rtt bus tour of San Antonio. 26, 1979, San Antonio (Continued on Page 6) ' Page4 TheWitan September, 1979 Placement News Eat, Drink and Meet Mary By Pat Turner by T .C. Gallucci Welcome back to all you "old" students a rty "Where did Bullwinkle go welcome to our incoming freshman class - all of whom look to college?" bright, bouncy and ready to challenge the wise and learned "I give up. Where?" professors of law at St. Mary's. "What's A Matta U." As you probably know by this time, we have a new face in "On" the Placement Office, that of Ms. Shelia Enid Cheaney who But then the Annual Law has bravely consented to counsel our students regarding School Party at the Pecan employment and line up interviews and seminars in an Grove was never intended attempt to help our students get the greatest jobs that are for high brow conversation. available out in the "real world." Lone Star was making its SEMINARS effects known around 4:30 that Friday afternoon The first two seminars of the fall semester should both be thanks to the Women's Law attended prior to interview on campus. They are: Association. Rather those Sept. 5 Resume Preparation & Interviewing effects were thanks to the 7:00p.m. Rm. 103 hard work and unbounding Sept. 11 Summer Internships enthusiasm of Jon Miller, Mary Rudolph, President Women's Law Association, with di8e 7:00p.m. Lib.103-04 without whom there would have been no hangovers on jockeys for the event. Other seminars this fall will be: Saturday morning. (Hate As the sun desceded into If you're reading all this letters can be sent in care of the evening sky, radio with sorrow in your heart Sept. 25 Public Interest Law WLA). station 92.9 set up dancing because you weren't there, 7:00p.m. Lib.103-04 At roughly the same time, music. At that point, take heart because it all Oct. 9 How to Graduate in the Bottom 90% of Brent Helms and the khili dancing took over as the starts again at 4:30 p.m. Your Class and Still Make Good Team ' created gastronomic more popular activity. Not next year. 7:00p.m. Lib.103-04 delights with hundreds· of overtaking beer drinking. Oct. 23 Variety of Practice Panel tortillas and sausages. Dean 7:00p.m. Lib. 103-04 Castleberry foun~ the de Nov. 6 Small Town Practice light so gast~onomic he 7:00p.m. Lib. 103-04 demanded an accompani Moot Court Competition Nov. 20 Alternatives to Private Practice ment of mustard. Thanks 7:00p.m. Lib.103-04 are also in order for the INTERVIEWS Aggie Law Students who by Shirley Erlich Don't forget to keep your eyes open and aware of the were every ready to lend a This year the Board of competition will be held on Placement bulletin board where the interview section is helping tong. Which by the Advocates is composed of 11 Sept. 27,28 & 29. The Finals posted to see when to sign up for on campus interviews. Thus way were loaned by Fatso's. members-Jerry Atherton, will be on Tues. Oct. 2 at far this semester the following firms & businesses will be on Thanks Fatso's. Chairman, Shirley Ehrlich, 7:00p.m. campus: Wait. Above the sound of Vice Chairperson, Colleen The Board also plans fall crackling coals was a McHugh, Secretary, Karen competitions to include Date Firm or Agency definite and rhythmic "oom Carr, Susan Horton, Win Novice Mock Trial during Sept. 18 Cox, Smith, Smith, Hale & Guenther (San Antonio) pah, oompah". This is ston Shepard, Robert Val the last week of October Sept. 20 Oppenheimer, Rosenberg, Kelleher & Wheatley another kind of delight dez, Lisa Vance and Denny followed by Senior Division San Antonio) entirely. Is it? Could it Voigt, Shelton Smith and Mock Trial in early Novem Sept. 21 Groce, Locke & Hebdon (San Antonio) possibly be ... YES. IT IS. Jad Stepp. Our first ber. The problem will be Sept. 24 Fulbright & Jaworski (Houston) Prof. Joe Anderson and competition this fall is the distributed in early October Sept. 24 Gardere, Wynne, Jaffe & DeHay (Dallas) Players! Yep, the band of Walker Moot Court. The with sign-up dates posted on merry music-makers, affec problem has been distri the Board of Advocates Sept. 25 Fulbright & Jaworski (Houston) tionately known as the Sept. 25 Reginald Heber Smith Program buted and final sign-up was Bulletin Board in the Pumpernickel Band, pum on Aug. 31. Two seminars classroom building. Sept. 26 Tinsman & Houser (San Antonio) pernickeled all afternoon Freytag, Marshall, Beneke, Laforce, Rubinstein & are planned with the first, a The Board meets every Sept. 28 long. Absolutely one of the & Stutzman (Dallas) briefing seminar to be held Tuesday evening. We look highlights of the day. Harris, Cook & Browning (Corpus Christi) on Sept. 6 and the appellate forward to a successful year Oct. 2 Around the corner and up Bandy & Boon (Tyler) advocacy seminar is sche in our advocacy programs Oct. 4 the bend, an ongoing game Matthews, Nowlin, Macfarlane & Barrett (San duled for the week of Sept. Oct. 15 of volleyball kept many from and ask students to watch Antonio) 17. Briefs are due at 12 noon succumbing to the effects of our bulletin boards for Oct. 16 Matthews, Nowlin, Macfarlane & Barrett (San on Sept. 17 and the further developments. the Lone Star. What may Antonio) have appeared to be one Oct. 17 Soules & McCamish (San Antonio) continuous game was in The Oct. 17 Harris County D. A. Office (Houston) reality over a dozen. What Oct. 18 Atlantic Richfield was confusing was that Oct. 19 Bracewell & Patterson (Houston) there were no teams; only Oct. 19 Talbert Giessel & Stone (Houston) constant scrambling to play Law Book Oct. 23 Exxon (Houston) with the winners. Which Oct. 23 Arthur Anderson & Company (San Antonio) must mean that by the end Oct. 24 Exxon (Houston) of the day. there was no Oct. 24 Federal Communications Commission (Washington, loser. Hum ... Co. D.C.) The faculty was well Oct. 25 Peat Marwick Mitchell & Co. (San Antonio) represented (and having a Of Oct. 26 Ernst & Ernst (San Antonio) better time than many of Keep a lookout for additional listings of on campus the students). It was a great Texas, Inc. interviews. And be sure that if you sign up for an on campus opportunity for first year interview that you have our resume in the Placement Office at students to glean some least 10 days prior to the interview and do not fail to appear at inside hints on upcoming the appointed time on the appointed day. exams; for second year A DISCOUNT STORE A new batch of Placement Handbooks are available in the students to complain about Placement Office for those students who did not receive one p:- -: t exams; and for third FOR LAW STUDENTS last year. year students to laugh about Serving You With All Your Needs PLACEMENT COMMITTEE the whole thing. Prof. The first meeting of the Placement Committee was held on Charles Cantu, WLA mod Tuesday, August 28 at 7:30 p.m. in the Placement Office. It erator, was also present to USED & NEW BOOKS was well attended and the interest which was demonstrated oversee the tremendous, OUTLINES & SCHOOL SUPPLIES by those students is very encouraging. Beverly Clay (3rd year admirable and efficient job student) and Joseph Engel (2nd year student) are co-chairing the WLA was doing. (This the committee. Everyone is invited to attend Placement muc:t hP written by a WLA Committee meetings which will be held at 6:00 p.m. before fan.) (Who isn't?), That's 1573 BANDERA RD. ~J each of the Seminars listed above in this article. enough. September, 1979 • The WitaD • ~------~~------~------Law School News • • • • Placement Director The unusual format envi tember 5, 1979, in the sioned insures a day of fun E. Phelan and Bruce A. Family Life Center Confer Shelia Enid Cheaney has for everyone, and we will Cheatham; "Chapter 11 ot ence Room at 7:30 p.m. the 1978 Bankruptcy Code, recently been named the finally be able to determine Additionally, a monetary or Whatever Happened to Director of Placement and if Hart and Jim Keenan are settlement of $12.00 per Law Alumni Relations and Good Old Chapter XI?" by really the best "doubles couple is requested. Further Assistant Professor of Law. Arthur L. Moller; "The team" at St. Mary's. information and reserva Ms. Cheaney has a Bachelor Trustee's A voiding Powers Ed McCarthy also presen tions may be obtained by of Business Administration ted his social calendar for by Vernon 0. Teofan and L.E. Creel, Ill; "The calling the Family Life degree and a Doctor of the fall, which will of course Jurisprudence degree from Bankruptcy Court Under Center at 436-0346, between include the annual "Return the hours of 8:00 and 5:00, the University of Texas. She the New Bankruptcy Law: of the Coneheads to Monday-Friday. has also attended Utility Its Structure, Jurisdiction, Mama's." A party, with Criminal Law Ass'n. Rate School at Michigan perhaps a band and intoxi Venue, and Procedure" by State University. cants will be held later in Professor Frank R. Ken by Carter Thompson nedy; and, "The Inter Since she was admitted to September. the State Bar of Texas in Phi Delta Phi wants to relationship of Community Tony Balazi at WLA event. Well, the fall term is upon 1972, Ms. Cheaney has recognize the achievement Property and the Bank See story, page 4. us, and the Criminal Law served as Administrative of and congratulate one of ruptcy Code of 1978" by Association is prepared with Aide to Honorable Ben Z. Alan Pedlar. Further, an Law Parents a comprehensive schedule of our alumni, Ward Blacklock, The Delta Alpha Delta Grant, Texas House of who was recently appointed article on Chapter 13 of the events. Representatives; Enforce Bankruptcy Code is being has enlisted the support of For our first luncheon, we as Province President for the Family Life Center in ment Attorney, Texas Wat Phi Delta Phi for the State written by Evelyn Biery. will be meeting at King er Quality Board; Executive David Epstein will write the negotiating an out of court Wah's Restaurant on Mon. of Texas. settlement regarding the Director, Texas Public Ward will replace Prof. J. introduction. Sept. 10, at noon. The Interest Research Group; aforementioned pending li featured speaker will be Ms. Hadley Edgar of Texas Tech tigation. Negotiations with Hearing Examiner, Public Law School who was elected Legal Research Board LeRoi John, Asst. U.S. Utility Commission; and a L.S.T. members ended at 2 Atty. for the Western to the council of Phi Delta The Legal Research a.m. this morning when lobbyist for Common Cause. Phi at our recent convention District of Texas. Ms. John Ms. Cheaney is a member Board will conduct a Family Life Center repre has been prosecuting crimi in Quebec City, Quebec. meeting at 7:30 p.m. on sentatives, Jacquie Nacew of the State Bar of Texas Ward is currently practicing nal cases for 11 years, and is Sept. lOth in Lib. room 103 ski, Rose Cruz, and Ethel Consumer Law and Public law here in San Antonio a fascinating speaker. All for those interested in Ethington obtained a state Utility Law sections. She is with the firm of Cox, Smith, members and students are entering the fall writing ment clarifying the demands the Chairman of the Smith, Hale & Guenther. invited to attend. competition. Problems will of the L.S.T. members. At Individual Rights and Res Also at the Convention in Throughout the fall, the be handed out at this time that time, Family Life ponsibilities Section and a July, Dean Castleberry, CLA will be sponsoring a member of the State Bar along with instructions on Center representatives, on series of evening seminars who completed his term as form and style of the the advice of Dr. lrv Loev, Committee on Federal Le International President of on "The Anatomy of a gislation. She is also a memos. Those entering the agreed to present a parent Criminal Trial". Noted at Phi Delta Phi was appointed competition will be given ing seminar on behalf of said member of the San Antonio to the position of Chief torneys and prosecutors Bar Association. approximately 10 days to preschoolers. have agreed to speak on the Justice of the Phi Delta Phi complete their memo and a - The following demands Ms. Cheaney is married to Court of Appeals. various aspects of a criminal George Scharmen (St. determination of those will be presented for L.S.P. trial. The first of these will Mary's University School of Journal accepted will be posted later (Law School Parents) con be on Thurs., Sept. 20 at Law, '73) who is in the St. Mary's Law Journal in September. sideration: ~ffective parent 7:30 P.M. in classroom 104, private practice of law in Editorial staff have selected ing, goals of behavior, and will deal with defense Universal City. three case notes to run in Wedding Bells recognizing behavior, and work, and how a criminal communication. L.S.T. Phi Delta Phi their first issue. The three Wedding bells rang over defense is conducted. These comments are: Larry Kurth members have agreed to seminars promise to be by J. Atherton the summer for at least on Delaware v. Prowse; three members of the law drop all charges regarding pretty interesting stuff, and Phi Delta Phi held its flrst Suzanne Langford on Doe v. school. the burning of chocolate all members and students meeting of the year on Plyer; and Paul Drummond chip cookies in exchange for are invited to attend. Thursday, Sept. 6. Jim on Hisquierdo v. His Forrest Smith (3d year) an agreement that all That covers the CLA Hart, third year, unveiled quierdo. was married in Houston to interested parents seek out calendar for September. his plans for the First St. The issue will deal chiefly Cathy Rain, ex-stewardess and attend the 5 weekly, 1 Watch this column for a Mary's Law School (stu with Bankruptcy Law. The in July. hour seminars to be schedule of upcoming dents & faculty) Tennis following articles have been presented beginning Sep- events. Tournament. Hart proposed solicited: "Issuing Securities Claudette Ault (3d year) the gala be held in October, Under the New Bankruptcy and Bob Jones (3d year) after the stifling heat had Code: More Magic for the were married in San ~ fatso's bar-b-q drifted southward. Cryptic Kingdom" by Robin Antonio in June. Ph. 681-9290 Ph.. 432·-0121 7911 CULEBRA RD. 1743 BANDERA RD. OPEN 7 AM to9PM OPEN9AMT09PM Welcome: Paul Renner By Martha Warren ~0\\ SERVING BREAKFAST Have you been wondering of last year, Assoc. Profes much better to show some A'\0 FLOUR TACOS about the young guy in sor Renner has been in San· thought before spouting off CLOSED SUNDAYS Professor Dittfurth's old Antonio with his wife and memorized material." TA \' ER~ 1!\ REAR office? That's Assoc. Profes his 13 month-old son, 432·9888 Renner readily admitted OPE:\ 9 A.\1.-12 P.M. sor Paul Renner, one of Matthew Alexander. that commercial outlines are 1 A.l\1. 0'\ SATl ROAY three welcome additions to Renner is teaching con not the "kiss of death." He ,------the faculty this year. tracts, though his main ONE PER CUSTOMER J said that the use of Renner graduated from the interest lies in Environ Gilb£'rt's, Coifs, etc. might University of Louisville mental Law. In fact, while : SANDWICH, SALAD be h£'1pful in providing some $1 59 ! with a degree in political not babysitting for Mat organization. I & SMALL DRINK PLUS TAX I science. He received his law thew, Renner has been degree from Georgetown in taking courses in Biology He qualified this by I or $ I 1976. and Chemistry at U.T.S.A. adding that "in the long run, : BffR 160 Pitcher ! the student may find it more I Offer Expires May 1 WITH COUPON Though he is obviously Associate Professor Ren I J young, he has had exper ner suggested for his difficult to learn the law," ------1 ience out in the "real world." first-year students that they noting "reading and anal : ONE PER CUSTOMER , Such experience includes be adequately prepared for yzing" the cases is essential. :Regular BAR-8-Q PLATE : clerking for the United class - to enable them to Associate Professor Ren States Court of Appeals for relax and think when called ner also said he would the D.C. circuit and working on to recite. probably give some credit ! & DRINK $199 ! "One of the most impres for citing cases or for 1 (TEA OR SMALL SODA) PLUS TAX 1 for a large firm which Offer Expires 1 specialized in commercial sive briefs is one which is including relevant fact situ 1 May 1 With Coupon 1 1 not read," he said. "lt i- ations on the final exam. litigation. Since November 1 ------P~e6 ,. Tbe Witan • September, 1979 Considerations Subjects For Bar Examination Subject Course Hours 1. Business Associations- Business Organizations I & II * 6 (Agency & Partnership, 3 hours) * For First Year Corporations, 4 hours) • Ninety semester hours the Bar exam is rewritten 2. Civil Procedure Civil Procedure I & II • 6 are required by St. Mary's every year so that such (including Federal and Federal Rules of Procedure •• 2 for the J.D. degree which relative inattention may State) must be earned in six full prove temporary. 3. Commercial Transactions- Sales • 2 semesters (16 weeks per All first year courses are Commercial Paper •• 3 semester) of resident study required, and upon success Secured Transactions • 2 or the equivalent thereof. ful completion will amount 4. Conflict of Laws Conflicts ** 3 To accelerate graduation (in to 31 hours of credit. 5. Constitutional Law- Constitutional Law I & II * 5 December of 1982 and avoid Although only 27 hours are 6. Contracts- Contracts I & II • 5 the Spring semester of "bar," the remaining four 7. Criminal Law & Procedure- Criminal Law • 3 1983), one must attend two hours (Legal Method and Criminal Procedure * 3 full eight week summer Legal Research & Writing) 8. Evidence - Evidence I & II • 5 sessions (both summers) or are perhaps the most 9. Marital Property- Community Property ** 3 shop for the equivalent such valuable courses in law 10. Real Property (including- Property I & II * 6 as an 11 week summer school and thus should not Oil & Gas) Oil & Gas ** 2 session and add to it with a 5 be taken lightly. 11. Remedies- Remedies • 3 or more weeks summer All second year courses 12. Torts- Torts I & II * 5 session in order to fulfill the are required (if one takes 13. Trust, Wills and Trusts ** 3 "six full semester" require the normal load), and will Administration Wills & Estates ** 3 ment. amount to 30 hours of credit. 14. Legal Ethics- Professional Responsibility * 2 It is imperative that Only 26 of those hours are Total: 20 courses TOTAL: 73 students intending to take "bar", the remaining four *The 13 required courses (54 hours). There are 61 required total hours. all of the "Bar examination hours (Income Tax) is **The 7 frequently referred to as bar courses which are offered as electives (19 hours). courses" plan ahead. There rightfully required although are 14 subjects on the Texas many law schools make it an Liability (2 hours); and not all schools offer the Ii is in the seven State Bar which are covered elt)ctive. Further, the sub Mortgages and Real Estate same courses, or may offer non-required Bar courses, by 20 courses at St. Mary's ject is included on many Financing (3 hours). the courses but allow however, that St. Mary's (see chart). If all 20 courses State Bar exams. Theories vary as to when different credit. For in transfer rules are logically are taken (plus the seven All third year courses for is the best time to take stance the University of required hours which are students in the 1979 class these courses. Due to their Texas requires four hours most lenient and should be non-Bar exam courses will be electives. The seven possible unavailability, for Federal Income Tax considered for registration Legal Method, Legal Re non-required "bar" courses many suggest that Bar (whereas St. Mary's re during the one summer search & Writing and that should be considered at courses should always be quires three) but Constitu away that is allowed. Federal Income Tax), then this time are: Federal Rules sought since they may not tional Law is only a three 80 hours would be consi of Procedure (2 hours); be offered later when time hour course and is not The above presentation dered "booked." Of course Commercial Paper (3); Con allows. Other contend that required there. Many places a tremendous amount not all bar-related courses flicts (3); Community Prop electives might be taken in schools offer a course in of attention on bar examma- are crucial, but it is a rare erty (3); Oil & Gas (2); the first year summer so a~ Commercial Transactions occasion when a taker of the Trusts (3); and, Wills & to push the Bar courses which touches upon three of tion preparation. There is a Bar exam resents having Estates (3). These courses later in law school and thus St. Mary's course offerings strong and noble argument enrolled in one of these total 19 hours. closer to the Bar. The (Sales, Commercial Paper that the three years of law courses. Sometimes a stu Other courses which mav material at this point should and Secured Transactions). dent will be disappointed at prove helpful on the Ba·r be fresher in the mind. Two of these courses are study should not be myopi how little attention a course exam are: Federal Courts (3 As for those who plan to required and thus the cally approached as a three is given on the Bar exam byt hours); Estate Planning (3 attend summer school else combined course cannot be year cram course for the all should remember that hours); perhaps Products where, one should note that taken for transfer credit. State Bar. (see chart page 6) ment, execution, and the Not all is lost. We, who are . 1embers. Four professors Summer Changes Remedies, formerly a appeal. Associate Dean in a position to do so, can tell tere added for Fall 1979. (Continued From Page 1) second semester first year Schmidt suggests that this our grandchildren that course, will be moved to a introduction should prove when we went to school we however is ever·changing required second semester Ryan and those who embark on an helpful since all of the case were only given one hour of second year course for 1979 accelerated program should books generally ignore credit and liken it to walking (Continued From Page 3) students. pre-appellate activity. We through snow for a mile. No be diligent in keeping planning December gradua abreast of the changing First year Constitutional agree. doubt by that time the course will be six hours. tion. Dale Hicks and Rick schedules of the schools Law and third year Consti Mr. Dittfurth should be Hill are working on the May where they intend to go for tutional Law, although both commended for turning Other changes include graduation. Any people a summer session. Slightly are required of currently what was a horror of sorts expanding the Secured interested in helping with more than one half the law enrolled classes for five into an interesting course Transa~tions course to three either of these graduations, schools do not have a hours, are different courses outline which should prove hours.and dropping Sales to ie., speakers, locations, and summer program and about with different instructors helpful as well as interesting two. lLmight also be noted receptions, please contact fifty law schools do not allow and materials. Professor to beginning law students. that 4il moving Constitu the respective chairmen. acceleration by summer David Dittfurth and Profes Further, Legal Method and tional"t.aw to the first year, All organizations that study away. sor Joe Anderson are Legal Research & Writing will leave the third year for would like to submit a To make room for the teaching the first year have each been expanded to 1979 matriculants free for budget request to the Constitutional Law course sections. Dean Raba will two hour courses which will all electives (no required S.B.A., please give it to any in the first year, Agency and teach all third year sections. give current first year COjrses). officer of the S.B.A. before Partnership is being merged The most thorough over students 31 hours of first There are currently about September 11, 1979. Copies with Corporations to make haul accomplished during year credit. Although the 650 full-time students en of the requests will be given one Business Organizations the summer was what was first year picks . up two rolled at St. Mary's School to the senators at our six hour course which will affectionately referred to as additional hours on the of Law with : 229 first year meeting on Tuesday, Sep be taught over two semes Legal Bib and Legal Legal Method courses, it students; 211 second year tember 11. Voting of each of ters and required second Research & Writing. Mr. loses one hour in the shifting students; and, 210 third these budgets will take year for 1979 First Year Dittfurth has drafted nearly oJf two three hour courses year. The first year class is place at a special meeting students. However, for the entire faculty into the for Constitutional Law about 40 fewer than planned the following Tuesday, current second and third program to teach small which is a five hour course. last year or about a 15 September 18, 1979, at 7:00 year students who have had sections of "Legal Method." Regardless of credit coun percent drop. About 65 p.m. Agency & Partnership, During the first part of this ting, alas, the repeated expect to graduate this Regularly scheduled Corporations will be offered course, first year students complaints over the limited December with about 150 S.B.A. meetings are every in the Spring semester. will analyze a basic civil suit credit given the courses in planning on a 1980 May other Tuesday, beginning Corporations is part of a - the summons, complaint, legal writing have struck an graduation. September 11, 1979, and all subject covered in the State defendant's response, pre attentive cord. Of course, There are 24 full-time and law students are welcome to of Texas Bar Examination. trial procedure, trial. dg- this credit is not retroactive. - art-time adjunct faculty attend. September, 1979 The Witan (Continued From Page 3) the Mexican government refuses to sign? It is not the "needless antagoizing" as you call it Pete, that led Mexico to refuse to sell us their natural gas-they restoration of our beaches, our coastal vegetation, and our marine life to be would rather burn it off. So what are we getting out of all this "conciliation:" what it was, again. Nature heal thyseli And she will, slowly, repair the no natural gas, and no reparations for Texas. Talk about buying a pig in a damage. Not that money for reparation will, or could, do that job; but it sure poke- such poor horse-trading raises the obvious question of just who's would make it easier, not just for Mother Nature, but also for the people interests are at stake in the wheeling and dealing. If the State of Texas, and whosf> livelihoods had been damaged. Thus while money damages can't make we the people, aren't gaining anything, that leaves only SEDCO and Texas whole again, it does act as a social policy to maintain the standard of PEMEX and Mexico, by simple process of elimination. care we, the people, expect and demand of each other and our government. One last comment, Pete, you underestimate my own political acumen, and The beaches of Texas belong to we the people, not to me, and certainly not to insult the people of Texas' intelligence when you say that any of us would SEDCO or to PEMEX or to Mexico. Yet, were I to dump as much garbage seek to discredit our governor because of his "fabulous wealth," or the fact into the ocean as these two corporations, you bet that I'd be held that he is, as you put it, "a self-made man." Bill Clements is rich. That's fine. I accountable-we fine ordinary folks just for littering in Texas. So \.iovernor hope he enjoys his money. But what isn't fine, and is the point of contention, Bill, who foots the bill for cleaning up the oil washing into the Gulf, wave by is that Bill Clements seems intent upon protecting his own source of personal sickenly black, wave? We the people, that's who--the citizen taxpayer. I bet wealth, largely based on SEDCO's profit-margin, rather than protecting the that the people who live on the coast and who have already watched their State of Texas, or the interests of we the people. He is not just another rich businesses go down the tubes, are plain thrilled to now spend their tax man, he is also Governor of this state. dollars cleaning it up. So perhaps it is time for the "motley crews of ravenous jackals" to If the reason for the Governor's "wait until it gets worse" position can be redouble our efforts to serve as watchdogs of the public interest. Greatness attributed to the fact that the U.S. wants Mexican oil or Mexican natural comes with the doing of great deeds, of making outstanding achievements. gas, the incentive has been eliminated. According to this Sunday's front page We watchdogs, or "jackals," as you would have us named, Pete, cherish story, Mexico has just called off and refused our bid for natural gas. Mexico the ideal of "greatness" and would see it bestowed only on the very few who has now sent our foreign ministers packing. There is no question that we are truly "great," lest that historicallabe become nothing more than so many need (at least so we are told) a source of foreign oil to supplement production dead fish floating in crude oil. of U.S. oil. But are we to trade-off our beaches oozing with oil, for a contract said. "Such circumstances proficiency, the Dean said, will at least give us three make it difficult to associate "It is possible to evolve an (Continued From Page 1) Castleberry new faculty offices." them with a program of objective series of questions formal reception lounge, he be offered in any particular TUITION training for professional which can discriminate said. On the second floor will semester," Castleberry said. "Tuition is determined by people." adequately between excel be space for additional With the elimination of the Board of Trustees of the Obviously, there are lent and poor." volumes, microfilm and Constitutional Law as a University," he said. "The appropriate times and "Just because an exam is microfiche equipment and a required third year course, figure of $110 per hour is places for various types of yes or no does not mean it is LEXIS terminal. the third year will be fixed for the current year." dress and undress," he said. purely objective," he said. composed entirely of elect "Tuition has to go up next Castleberry then told the "You cannot make a test FIRST YEAR SUCCESS ive courses, he said. year to at least keep pace story of the British major purely objective - because "Besides aiding students, with the rate of inflation," charged with being out of of the choice of questions In reflecting upon his first the permanent schedule will Castleberry said. uniform because he was and the weight given to year, the Dean pointed to enable professors to plan The Dean acknowledged caught in the nude in the them." his accomplishments with courses and the dean will be the fact that any surplus law corridor of a hotel in Cairo. "It is impossible to have a the curriculum as a source of spared 14,000 inquiries as to tuition which is not budget The major defended his full-scale narrative exam for satisfaction. when a particular course ed in the law school budget naked activity by pleading graduating seniors," he said. "I have effected some will be taught, if at all," for expenditure is transfer that since he was chasing a "That would require grad very wide and substantial Castleberry said. red to the University woman down that corridor, ing 50 to 60 papers in four or changes in the curriculum," Castleberry also cited the General Fund. he was "properly clothed for five days." he said. clinical internship program "The law school should be the activity in which he was That is why the Dean has Changes in curriculum with the U.S. District allowed to retain a sufficient then engaged." a balance of a term paper in noted by Castleberry were attorney's office as a amount of law school tuition "I think students would Oil & Gas - for students in: ''significant step." "I hope to enable it to be in full take a dim view of a female without a writing sample, • Constitutional Law this can be expanded to the compliance at all times with in class dressed only in a along with a test which can • Agency and Partnership/ Bexar County District at the accreditation stand 'G-string','' he said. be graded in a short period Corporations torney, other agencies and ards," he said. "This dress standard is a of time, he said. • Legal Research and Writ law firms," Castleberry No precise figures on the real benefit to St. Mary's," IDS TENURE ing said. amount or percentage of law he said. "I've received • Legal Methods school tuition retained by highly complimentary re ''I'm not going to stay 30 • Legislative and adminis ACCREDITATION the universit;r are available marks from visitors on the years," Castleberry said. "I trative Law at this time, he said. excellent personal appear don't plan to stay as long as • Texas Land Titles Castleberry said the law "In fairness to the ance of the students and Ernest Alousius Raba." • Remedies school is in no danger of university, all maintenance faculty." "I have some goals on One of his projects was to losing its ABA accredita and improvements are paid "I have also received a adding to the physical facility, reducing the stu change the research and tion. for by the university, not number of notes, calls and dent-teacher ratio and en writing class to give "I have no real fear .of the law school,'' Castleberry comments from San Antonio students an opportunity to losing our accreditation," he said. lawyers which have endors hancing the quality of the be exposed to some training said, adding, "the law school "Also, tuition charges at ed the concepts expressed in faculty," he said. in legal research and writing will have a regular seventh St. Mary's remain within the memo on dress stand "When I have completed on a more expanded basis, year inspection April 14-16, the bottom twenty percent ards," Castleberry said. my goals, then I'll return to he said. 1980." the full-time faculty-hope of tuition charges at private, GRADE DISCREPANCY "It is now comparable to "We don't have the level approved law schools in the fully that won't be too long," other law schools in Texas," of library that we need, but U.S.," he said. Castleberry said there the Dean said. he said. from a P,ractical standpoint will be no school-wide Castleberry said he was Additions to the curricu we have no place to put DRESS CODE median grade average, not surprised when offered lum are: additional volumes if we In reference to the "dress adding that the memo sent the job because he said, "I • Patent, Trademark & acquired them,'' Castleberry standard," Castleberry said, out last school year to the applied for it." Copyright said. Castleberry said he "the memo speaks for students and faculty set The dean said he did not • Military Law knew of no student to itself." forth the policy of the believe that someone from • Federal Taxation of Part volume of books ratio "This is not new, it (dress school. outside of the faculty should nerships required by the ABA. code) was just not being "The approach is to insure have been hired for his • Estate Planning "We definitely need a enforced," he said. "Several a professional written exam position. (See complete story on better student to teacher members of the Faculty which will distinguish be "Promotion within the curriculum on page 6). ratio, and ours is now 41 to asked me if I'd put tween a student that works organization should be done 1," he said. "The ABA has something out on it." hard and deserves an A and wherever feasible,'' he said. PERMANENT established a student to "There must be some one that deserves an F," he "It would take an outsider a SCHEDULE teacher ratio of 30 to 1 as point at which we would all said. year to learn the back Another achievement was maximum." agree as professionals that "The student deserves an ground here," Castleberry the establishment of a Castleberry would like to the line should be drawn," honest appraisal of his said. "permanent" schedule of all hire four new professors, he said. proficiency and if he does In the absence of unique required and elective cours but that decision hinges on "It is true that perhaps on not receive it, it is a or unusual circumstances es and what semester they the law school budget. some campuses of other law disservice," Castleber which would call for massive will be offered. "Even if we could hire schools in Texas one may ry said. changes of substance, then "This will enable the four more, we have no place observe creatures moving When asked if a multiple there is no need to seek an student to determine well in to house them," he sa1. about in various and sundry choicw r true/ false exam outsider for the office of advance what courses will "The new library buildi attire and quasi-attire,'' he could- est a student's dean, he said. ~~-----______Th_e_W __ ihm__ ~~-C;~W.~ ______se_p_t_e m__ be_r_,l_9_7_9 Volume 8, No. 1 September, 1979 Ita• Jn St. Mary's University School of Law 11I VISITED Sr Lf/ST WEEk RND WRS RPPFILLED BY THE DRESS THfY WERE TOTI/LLY RBHORR£NT TO " THEr'R£ ONLY STUDENT~ JrUDG£.... I DRESSEIJ PRETTY GRUBBY MYS£i.J WHEN I lJJfiS IN LfiiJJ SCHOOL RND I TURNED-OUT 1/LR/GH'T. JJ ~,!!,~ ~.!!j!!l=!!:l~,~ ~~111!1111111111111111111!111!1111110 ~r- Professional Profiles ... courses. Charles Cant.u teers. He rareiy tells a joke Thomas Black, a.k.a. Bix another St. Mary's grad, - in class. Black, U.C.C. courses, Fed. by Ed Schroeder ~mploys the Socratic meth booked twelve (12). Another Colin Kaufman, The Legal Class of'79 Rules and Evidence. He is od but with less range, fhat votary of the Socratic ftealist, U.C.C. courses. A the wittiest professor and This is offered as a public is, his memory for names is, method. religious fanatic and by far most skillful trumpeter of service report, geared pri not too good and he Joe Anderson. a.k.a. the worst dresser of the them all. Recently returned marily for the freshman generally calls on a damned Crazy Joe. Teaches every faculty. With the advent of from S.M.U. where he took class in the hope that they and chosen few. The best thing but drinks damn little. the new dress code we the town by storm. can pick up a few points study device for his Con A wise and \vitty Socratic might lose Colin. about their profs from a tracts course is his own satirist with an office as lus,h Ernest A. Raba, a.k.a., L. Wayne Scott, a.k.a. veteran. I do not intend to outline. as a corporate executive'1s. Dean, Lonesome Ernie. Con The Iron Duke. Civil be whimsical, yet cannot Paul Ferguson, Admiralty Leader of the famous Law with a flair. A Procedure, Evidence, Crim. help wondering why Assault and Legal Bib. Don't miss Anderson band. raconteur who isn't happy Law, and Crim. Procedure. and Flattery is never staged him for Legal Bib, especial}y Shirley Butts, a.k.a.. , unless he has some charac Editor of Texas Lawyers in early September for this the calling of the roll in his Shirley Temple Butts. Cri ters in the class. If none are Weekly Digest. A Socratic very purpose. But enough nicest Bostonian style. minal Law, Criminal Pro enrolled he'll inspire them. lecturer and God help you if intro - on with the profs. Sister Theresa - Legal cedure and Juvenile Law. In case you didn't know he you're unprepared. He's a William Francisco, a.k.a. Bib. She's a good girl and · She rarely goes Socratic built this law school and poet and a devotee of St. Wild Bill, Cisco, The dedicated librarian and rather preferring to read t.o nurtured it through the Valentines. Colonel. He teaches Con teacher. The only problem is her classes. hard times. tracts and Torts. In fact we that she has given essay James Castleberry, a.k.a. Orville Walker, a.k.a. Dr. Harold Reuschlein, used to wonder why he exams for Legal Bib, hardly Dean, Diamond Jim, and Jolly Ollie, Mr. Texas No nicknames. ·rrusts, didn't have a talk show. He a fair practice. Shah of St. Mary's. Farmers Procedure. They say he Corps. Jurisprudence, employs the Socratic meth Robert Hobbs, a.k.a., Friend, People's Choice and wrote the rules. Noted for Agency, Partnership. Dean od and has been known to Gentlemen Bob. Property, Ladie's Delight. He teachE!S his all girl parties and solid Reuschlein is an old world keep a person up for the Wills, and Texas Land Oil and Gas and is a backing of the UT football gentleman, philosopher, his entire class period. He has Titles. Gentleman Bob is a nationally-recognized e~c team. A first rate prof.-but torian, and prolific writer. an undeserved reputation hell of a fellow, in fact the pert in his field. Father of he thinks 65 is a good grade. He strongly resembles for being a male chauvinist. first of the first year profs to the double-jeopardy, trw~ Franklin D. Roosevelt. I I say undeserved, because treat us civilly, calling us false exam. Dr. Arthur Yao, a.k.a. once heard a student say, he is rough on all students, Mr. or Ms. He uses the Bueford Herbert, a.k.a. Samurai Yao. Trusts, Re "God willing, I'll park in the gender be damned - it is Socratic method and a word Boots Evidence. Generally medies. No Socratic lectures faculty parking lot." Over the women who are less able to the wise - be prepared, lectures and lectures and here. Dr. Yao explains each hearing this, Dean Reusch (WLA will have a fit) to take and avoid cans. By the way, lectures... Boots is neve~r case carefully, occasionally lein thundered, "Well, I'm it. it's just water in that guilty of favortism - h.e laying about him for luck of not willing!" Charles Cantu, a.k.a., pitcher. dislikes everyone. class participation. Do not Cha-Cha. Charles is a Aloysius Leopold a.k.a. David Dittfurth, a.k.a,., leave his class early. George Gloss - Remedies, socialite bachelor - and St. Leo the Lion. Property, Dirty Dave, Dapper Davte. Comp. Law, Internat'l Law. Mary's best dressed man. Wills, Community Property. Conflicts, Fed. Courts, Fed. Edwin Schmidt, a.k.a., He's real 'laid back' you Now I can't speak from Leo is a legal scholar farmer Rules, Domestic Relations Vice-Dean, The Count. need to check his pulse from personal experience, but it and father of eight legi and Con Law. He pacElS Teaches Ethics and Office time to time. is said that his closet timate children. A graduate about the classroom using Practice, wears his pants Pat Priest - This is his •eaembles the Gucci show of St. Mary's Law School, the Socratic style but high on the waist and long virgin experience, so you ~ost's. He also Leo booked sevent4j (17) generally calls for volw1- • the sock. tell me about him . • • • ttan Volume Vlll, 'Jo. 2 St. Mary's University School of Law October, 1979 THE GAS PRICE FIXERS Washington Designed, Built And Ran The Energy Crisis By Tom Bethell number the producers of it, ments in cities where rent con regulated prices that had, ac regulatory case history par ex Washington E d itor of while all alike have one vote. trol has been enacted; it applies cording to the historian Albert cellence. Harper's The resulting low price lends also to numerous other com Bolles, "precisely the opposite Natural gas-methane, in its Copyright 1979 to discourage the producers, modities in various centuries effect to that intended, for most common form- is an effi By Har~r·s Magazine. who may well go into a new and countries. Robert Schuet prices were increased rather cient, high-Btu (British ther All rights reserved. line of business-preferably tinger and Eamonn Butler, in than diminished by the adop mal unit) fuel, used in in Reprinted from the June issue. one that has been overlooked their recent book Forty Cen· tion of the measure." dustrial boilers and, to a lesser by the politicans. A shortage of turies of Wage and Price Om At first sight an arid topic, extent, for domestic consump From time to time, the original commodity results. trot.<~. demonstrate that time tion (space heating and cook American politicians assume and again price controls have no doubt of interest only to The foregoing is a brief legal specialists and fine print ing). It is similar to, but not to the responsibilities of led to shortage. In the United history of natural-gas produc readers, natural-gas pricing be confused with, old-fashioned busines..c;men by adjudicating tion in the United States in the States this began with the low-energy coal gas (used to the price at which this or that American Revolution, when a turns out upon examination to past quarter-century. Some be among the most ideological light streetlamps in Sherlock commodity shall be sold. We may notice that the descrip food shortage at Valley Forge Holmes's London). On a Btu can be grateful that this does was brought about by issues of our time; the subject equivalent basis, natural gas tio~ equally applies to apart- (according to one estimate) of not happen more often. When accounts for about 30 percent the most protracted and healed politicans decide to wrest con of U.S. energy use, and is Congressional debate since trol of the markrt, they are in distributed through 200,000 dined to discover in themselves World War II (the voting on miles of pipelines, representing this issue along constitutes a great funds of virtu<' and com assets of $26 billion. It is by far fairly accurate litmus test of passion. in consequence of the most desirable source of the ideological composition of which they decide to set a energy from the point of view "fair" price. a "just" price, Congress); its history offering unrivaled glimpse of the way of environmental cleanliness. which usually turns out to be a For this reason, the deregula good legislative intentiOns can low prke. Thi~ h-i becau::;e the tion of natural-gas prices has consumer of a ~IVt:'n commodi turn into a nearly insoluable ty will ,dway~=; ht>avily out- bureaucratic mudrlle It is the (Continued on Page 9) Valdez, Platt and Will State's Appeal Vance Regionalists Apprentice lawyers squared Ed Lavin claimed Best-Brief off in Walker National Moot honors and the $100 award. Appeal To The Voters? Court competition finals Oc Tom Sisson won $50 in submit tober 2, advocating alternately ting the second-place brief. the rights to tnal by jury and By Steve Malouf cases, especially as. to alleged attaches: due process. In the Moot Court problem errors on matters of law con ".. .in a jury trial, when a the jury allegedly understood On November 4, 1980 a Con Robert Valdez, representing serning search and seizure. jury is empanelled and sworn, petitioner won the Best little of the facts and ultimate stitutional Amendment pro Depending·upon the propensity and, in a nonjury trial, when issues and reached an ar vidmg the State with the right Speaker award as well as first of the State to utilize this new the court begins to hear the position on the St. Mary's bitrary, superficial division. to appeal specific and limited tool there could be an increased evidence: jeopardy does not at Which rights prevail? pretrtal rulings in criminal regional team wh1ch competes caseload in higher courts where tach until a defendant is put to in Lubbock, Texas, next month. cases will go before Texas the State appeals judgments trial before the trier of facts, As one national magazine voters. H .•J.R No. 97 allows Stewart Platt and Lisa Vance for the defendant in pre-trial whether the trier be a jury or a fill the remaining positions on suggested, "juries are on trial." that the State shall have the hearings. judge." Serfass v. U.S., 420 U.S. Though the lawyer-judges of right: the three-member regional It appears that the wording 377, 43 L.Ed. 2d 265, 95 S. Ct. team. (Continued on Page 4) ". .. to an interlocutory ap of the Amendment is suffi 105.'5. peal, as provided by law, from ciently narrow to allow the By limiting appeals to pre a ruling of the trial court at a State to avoid Constitutional pretrial hearing as to the con trial rulings the State avoids invalidation under the double action which might twice put a stitutionality of a particular jeopardy clause of the State defendant in jeopardy. Fur statute or from a pretrial rul Constitution and Federal Con ther, a justiciable case exists as ing of the trial court on a mo stitution. The Texas Court of result of the double jeopardy tion to quash, dismi!*l, or set Criminal Appeals has held that clause only until the defendant aside an indictment or a mo a person is placed in jeopardy: is found not guilty. Similar tion to suppress evidence." 4 " ... when he is put on trial 1979 Tex. Sess. Law Ser. A122. Federal Statutes were struck before a court of competent down because an appeal from a If this amendm~nt is adopted jurisdiction on an indictment trial verdict where the appeal it will endow the SLate with the or information s\1fficient to was for the exclusive and right of appeal heretofore ex sustain a conviction, a jury has specific purpose of obtaining pressly denied by ArticleV .~26 been charged with his advisory opinions effectually of the Texas ConstitutiOn deliverance, the indictment was a request of the court to which prohibiU; the StatE' from read to the jury, and the plea of operate in an area limited to appealing any rulings in the accused heard." ,Johnson v legislature jurisdiction. Walker National Moot Court Honoree Prof. Orville Walker Joins criminal <'ases. The amend State, 73 Cr. R. l::l-3. 164 S.W Finalists and Judges (Left to Right) Prof. Walker, Regionalist ment. if adopted. will give This Amendment signals 8:~:3 (1914). Lisa Vance, Prof. David Dittfurth, Best Speaker Robert Valdez, District Attorneys great£>r flex what might be a move towards The United States Supreme LeRoy Jahn, Regionalist Stewart Platt, Finalist Ed Lavin, ibility in prosecuting yriminal a more conservative stance on Court has held that jeopardy law enforcement. Finalist John Blair, Don Comuzzi, Finalist John McChristian. THE WITAN •• October, 1979 In my last exposition on this page you will recall that I promised no opinionated editorials; no witanic charges up St. Mary's Hill. Never mind. I'm mad and malnourished as hell and not going to take it anymore. I have had it with the atrocious food now being dished out in the school troughs. Needless to say, those I have talked with concerning the feed situation are in unanimity in their view of Han dy Andy's production so far-to wit: the food is disgusting, exor bitantly priced and monotonous. Perhaps the most disconcertim~ fact about the situation is that the variety of food items is more befitting a concentration camp than a Unviersity. Everything on the menu, with the exception of meager salads and pork-innard sandwiches, is fried in or grilled on grease. Think of the choices: fried chicken, fried potatoes, fried fish, fried Witan burritos, fried shrimp, fried hamburgers, all of which can be covered with greasy chili con carne. Granted, the University was working in our best interests to alter past food services. Perhaps the University planned to expend its resources and efforts in other areas. Obviously the University held good intentions, but the end result has been bewildering at best. In all my years of "school food" (now approaching 20 years), I have never seen more deplomble inedibles. Please proceed with all deliberate soeed with the petition concerning this nauseating mat ter. Many of us dependent on University food are in extremi.-;. Now then, back to the world. As you know from reading the local newspapers, the United States and Mexico have reached an accord on the sale of Mexican naur-<1l gas to the U.S. Of course, American energy and tr-c:lnsmission companies had an agreement with Mexico over one year ago to buy Mexcian natural gas for $2.65 per thousand cubic feet (mcO. But no; .James Schlesinger, Energy Secretary (sim:e sacked) vetc>E'd the agreement howling that the price was way too high. Now, a year later, the Federal Government has approved a deal whereby those same companies will pay $3.50 per mcf for the same gas. This was after heated negotiations that severely straim' Red Mass Planned BA4JKTALK. • • D~ar Editor: m t~t~ i~ the dignified thing W<'anng no-thing but a For Early November Fmt of all. let me :-.'l) that I to do? "( r ::,;t ling'' Ill cia~. \V E' do, really etuo.red reading the \\'hat good can po~..,ibh come howe,er, admit we would 'iev. Rr ~ta ~ Scptembt>r \\'itan. Ho\\eH·r. from making statements that it'' ith elo:-e :-erutin) and mueh 1 n \r<·rb•-.;hop F 1 one item pnnted in that i~'i\Je tend on!~· to emh,mus." tho:;C alal'rit). tht> pnn<'IP I C\'lrhr t \\ has caused me genume mn institution~(\\ htrh \\ill here go We would like to point out. ,., •txtl an bn~ho~ nd rran cern. I 1 efer. nf tourse to the in unnamed) not fttrtun.tte howewr. that due to the suu I c I let~gy asststmg tt>rviPw with Dean Castleberry enough to be \\ i thm to Top tropital temperature in the 'l11e Re Witan is published by students of St. Mary's PERSONNEL Law School, monthly except June and July. The views expressed herein are those of the individual Editor-in-chief ...... William Hayes writers and do not necessarily reflect those of the Managing Editor ...... Colleen McHugh WITAN, its editors, the administrators, or facul Articles Editor ...... Martha Warren ty, unless otherwise stated. The Editor is responsi News Editor ...... Erwin McGee Staff: Mrs. Palsgraf, Pat Turner, Peter ble for the views express in unsigned articles. Features Editor...... Jeff Babcock Kinder, Anne Schwartz, T.C. Gallucci. Articles in WIT AN may be reproduced and Amusements ...... Mark Miller Contributor: J. Atherton, Brent Helnns, quoted provided that credit is extended to the Financial Affairs ...... Bruce H.C. Hill Sara Dysart, Dan Sciano, Sandee Ry1m, publication and the author of the article so used, Faculty Advisor ...... Dr. Harold Gill Reuschlein Mark Daniel. and notice of such use is given to the publication. • . October, 1979 THE '\\ITA.~ CHAPPAQillDDICK: Water Under The Bridge? PUN TO CONTRA PUNTO By Anne Schwartz By Peter Kinder My first reaction to the question of whether Chappaquiddick should be an issue How odd that, in an article which seeks to deny the relevance of the Chappaquid in the upcoming Presidential campaign is one gigantic yawn-:-who cares? poes dick coverup as an issue in presidential politics, the writer should pronounce anybody? I, for one have become so inured to political maneuvenng that I ~n t tell herself ready to "blow lunch." Ignoring momentarily the utter tastelessness of that the good guys from the stage drop. Worse yet, I have heard abo,ut the .lack of remark, exactly what is it that causes your stomach trouble. Anne? leadership in America today" until I'm ready to blow lunch. who s fault 1s. tha.t? Is it the sheer gruessomeness of the little we know of what happened that night? From whathisname at the White House who had the poor taste to use cocame m Or is your nausea caused by the transparent lies and flagrant contradictions in public, to his boss who lives there, and who caR'tq~ite figur~ out exactly how much Senator Kennedy's self-serving versions of the event? No. indeed, your sickness is income tax he owes the IRS, to Talmadge, to R1chard N1xon, to Ada~ Clayton caused by excessive talk about "the lack of leadership in American today." Powell to ad infinitum, it goes on and on and on ... What is that old .saymg about The apparent tone of nervousness in your article 1s eastly enough understood, in glass houses, or was it casting pearls before swine, or ":as it,some~hm~ ah?ut ab asmuch as the relevance of Chappaquiddick is so eastly established. I belt eve it was so1ute power corrupting absolutely? Who knows, but 1f were gomg to p1ck out Teddy Roosevelt who said that the presidency was pre-eminently a position of someone for a character assasination, here is a galaxy of stars to choose from. moral leadership. Thus it makes sense for we Americans. in choosing our leaders. to try and assess the moral fittness of the various candidates for the presidency. I write no brief for the present Sunday school-teaching occupant of the White House; his flaccid leadership has been more of disaster than even I predicted it would be. Still, surely it is fair, even highly desirable, to look for some strength of character; The point, Pete, is that Chappaquiddick (funny how that one word has taken on some fidelity to moral principle in those who seek the most difficult job in the its own meaning) happened, and now it's over ... or should be. But whether I think world. It is neither "character assassination" nor deciding "who's getting into it should be an issue or whether I don't think so; it is and will be, because Teddy heaven this week" to conduct this inquiry. Kennedy wants to~ President and after all, 1.~ does come from a rather promi Above all, Anne, you are wrong in your declaration that morality "depends un nent family. So it's newsworthy (ten years later) and ~ople remember. Or, they your frame of reference" because "it's all relative." The standards which I apply to will be forceably reminded-since every major newspaper, new. magazine, radio Senator Kennedy's conduct are the wme which can be applied to all human con and T.V. has been asking everyone they could get to answer, whether Cnappaquid duct, any time and any place. Gross selfishness and murder (more specifically, dick should be an issue-which is a great way to create an issue. Howard Baker murder's lesser included offense of manslaughter. whieh applies here) are nowhere, issue. Maybe there ought to be a gentlemen's agreement not to mention Chappa under any circumstances, praise worthy or lightly excusable. quiddick when no one's around to listen. Because of all this "no issuing," it seems Kennedy supporters wou lei love to believe that the only people who seek to patently obvious that the hot no issue-issue is Chappaquiddick. Ah, the political "dredge up old mud" are those cranks who dwell in the fever swamps of nght-wmg knife is wielded which such consummate subtlety. idealogy, the John Birch crowd, but sueh is simply not the ca::;e. ~o less a moderate liberal and Kennedy admirer than Newswt>ek l'olumni::;t )leg Greenfield, writing in a very recent issue of that magazine (in which lihe lavished praise on the Senator's public record on the i~ues) , had this to sa) on Chappaquiddick: "What happened that night and the senator'li attttude .. . and conduct thereafter repr-e Having pulverized a dead horse, what happens next? Perhaps the voters should sent a legitimate subject of...anxiety and this cast." huge momi shadow over h1R cluck reproachfully at the whole sorry bunch of presidential candidates, g-ather the candidacy. It emerges as a failure of personal and public responsibility so large and moral fabric of society to our collective breast, and stay home in November. eep as to overwhelm" Kennedy's strength. M. Greenfield urges the Senator "to do Wrong. That's just exactly how we got here: by turning the other check. Teddy at some point what he has failed to do so far-speak dire<:tly and candidly on the Kennedy or Jimmy Carter-take your pick. subject" and to face up to and accept re;pons1b1lity. Ms. Greenfield is sure to be disappointed. Such candor will not be forthcoming, either from the Senator himself or from the other tight-lipped men and women who attended the cookout party that night. still less from the awesome array of Camelot's speechwriters,lawyers, and brain trusters who convened at the Kennedy However, Pete, that choice should be made by looking at issues for more relevant compound at Hyannis Port for a solid week after the accident, the better to concoct than 'who's more moral than who.' I simply don't care whether either, or both of Kennedy's television address on the subject. them, are or aren't complete moral degenerates; in may experience, just like the In an article of this length I can barely begin to sketch the full range of the lies question of God, morals depend on your frame of reference and it's all relative. But and coverup. The closest thing we have to Woodward and Bernstein on Chappa then, I believe issues like: a national health care program, solving our energy pro quiddick is a father-son team. Richard and Thomas T~drow, authors of a lucid and blems by harnessing the sun, mass transportation, conducting substantive research responsible book, "Death at Chappaquiddtck." In its pages the Tedrows dissect into alternative regenerative sources of fuel, getting the price of gold under control Kennedy's two versions of the tragedy, comparmg his story with known facts and especially now since the dollar isn't worth a dime-here or abroad, forging a the credible testimony of other wilnesbei. The result is a set of discrepancies so foreu~n policy that reflects some small semblance of logic (how long has it been glaring and stange contradictions so improbable that any second year student who since the U.S. supported the winning side in Africa, Latin America, or the passes the first semester of Evidence could cross examine Kennedy and the oher "Carribean?" Why do we continue to sell arms to both sides all over the world?) and party-goers in such a way as thoroughly to devastate their credibility. one that is independent of corporate investments abroad, ... are more important. Listing jsut a few of the more shocking revelations, we find: It just seems to me that prosperity at home-with a healthy economy, full employ 1.) No autopsy w~ ever performed on ~lis..-, Kopechne's body. There is not a foren ment and a reasonable income level for every American family-and peace abroad, sic pathol~ist in the country who would sanction this breach of responsibility by to use a familiar quote, are alot more meaningful than trying to dredge up mud, the authorities. Autopie; are a matter of course in :such cases. The upshot of all this and old mud at that. is we don't know for certain how the girl died. We do know, however. that she did not drown. 2.) The diver who pulled the body from the submerged car found the body in the back seat of the overtuned car, hands and fingers clutching the seat like talons, neck arched, teeth elenched in her dt~ath g-c1sp for the last bit of oxygen in the air pocket. Most probably, she suffocated wlwn she used up all the oxygen in the air Frankly Pete, Chappaquiddick bores me; I wasn't there at the time-no one will pocket. People have survived up to six hours in identital situatiom; in submerged ever know what could. should, or might have been done that wasn't; or what was cars. pone that shouldn't have been done-and I got tired of reading about the whole 3.) We don't know how long l\1ary Jo Kopt'chnc laswd in her air pockE>t. We do thing two weeks after it happened. The truly grave danger is that we will dwell on know. though. lhat for at lea:;t part of the time that she elung to life in the car, Sen. ·t with myopic vengeance, rather than requiring our candidates to come up with Kennedy and his aides founci time to make 17 phone calls during the night. but specific answers to some of these substantive issues, so that we can make an in- none of them to the nearby fire ::;tation. wlwre trained divers and emergency ormed choice. Do the people deserve what they get. or get what they deserve ... As assistance were le&-; than 15 minutes awav. or as I'm concerned we would be much wiser to render unto Cae~tr that which is The Tedrows conclude: · ~aesar's, and leave to God, or some other spiritual force better ~walifieci than "This then is the real horror of the ca:-;e. Mary .Jo in the bottom of that upside E>ither you. Pete, or I. the question of who's getting into hea\en thts Wt'('k. down car, wedged in. clawing. dutching and stratning for air and for life in the tot<1l blackn~ of Poueha Punrl with tlw watt>r ert>eping higher and higher. Com· pletely terrified. ~he watted for help from ~·n KelllH:'(l~·- \\ ho was on the phone seeking help not for :\latY .ro hut for St•n. KPnrwdy." (Continued on Page t) • THE WITAN October, 1979 PLA~CEMENT NEWS By Pat Turner Oct. 24- U.S. Army JAGC slot scheduled. The fall interviewing season Oct. 25- U.S. Army .JAGC SEMINARS got underway on Tuesday, Oct. 29-Pravel, Gambrell, Thus far we have had three September 18 with a full Hewitt, Kirk. Kimball & Dodge very successful seminars - schedule of second and third (Houston) Resume Preparation and Inter year students interviewing Nov. 2-Shell Oil Company viewing (featuring Skip Good with the San Antonio firm of {New Orleans) of Groce, Locke & Hebdon, and Cox; Smith, Smith, Hale & Nov. 19-East Texas Legal Larry Macon of Cox, Smith, Guenther. The day went Services Smith, Hale & Guenther) - smoothly (everyone was on PLEASE NOTE Summer Internships (featuring time) and for the most part the NO RESUME - NO INTER our own Phyllis Siegel, Nev schedule was kept on schedule. VIEW! ALSO - If you are a Shafer and Bill Hayes) - and At the end of the day, tfie inter "NO SHOW" for an interview Public Interest law (featuring ' iewer~. Larry Macon and without contacting the Place· Carol Barger of Consumers Ke1th Kmser, were full of ment Office 2·1 hours in an Union; Sue Saab, private prati praise for our excellent vance - there are NO MORE tioner in San Antonio; Steve student." (keep up the good on-campus interviews for you. Cochran of Bexar C{)unty Legal work). If you ha\'en't already pUt Aid and Ste\'e Gardner of Cen Thursday ancl Friday with your resume on file in the tral Texas Legal aid). Coffee Karen Amos. far left, Erwin McGee, center, and Mary Rudolph, Oppenheimer, Rosenberg, Placement Office, do so im· and cookies are the fare at each far right, enjoy a day in the sun at the Delta Theta Phi lake party Kt>lleher & Wheatley and mediately. You can miss an in· seminar, along with lots of held at Canyon Lake Yacht Club on Sept. 22. The party, one of Groc:e, Locke & Hebdon firms ten·iew if your resume is not good information and many law school gatherings, gives fraternity members a chance respectively, along came more there, even if you have a time camaraderie. to "rush'' new members under the guise of having a good time. aecolades for our student body. Yes. friends, the "Beautiful People'' came out en masse this week. Neece Elected DEFINITION: Beautiful ADVICE TO THE People- Law Students on In to Student Council terview Day. Ben Neece, a second year law On Fnday evening at 6:00 student has been elected by the p.m. the firm of Groce, Locke & University Student Senate to LAW LORN Hebdon hosted a cocktail party the office of Second Vice for thOI:Je students who inter President in charge of enter Dear Mrs. Palsgraf: and you will notice an Elmer viewed with their firm with tainment. Ben feels that law Will the us£> of Gilbert's Fudd type man with a pack of about 15 of their attorneys pre students should get more of Outlines really make me bird dogs and a shotgun. sent. their money's worth in the Sterile'? DUCK!!!! You're in the line of CORRECI'ION: Bracewell & entertainment events offered Childless in Charles Fmncis fire. That great white hunter, Patterson has changed their in on campus and is trying to gear whose trophy room is littered terview dates to Monday and events to meet all the student's Dear Childless: with golden haired little girl Tuesday, October 22 & 23. needs. Extensive laboratory testing trophies is your man. Peat. Marwick, Mitchell & Co. In a related development, has proven beyond the shadow has changed their interv1ew law students John McClung of a dead rabbit that use of date to Frida}. November 2, and Cary Locke were confirm· BEN NEECE Gilbert's will not cause sterili 1979. ed as Law Senators to fill Dear Mrs. Palsgraf: ADDITIONS ty. In fact, Gilbert's gives you Oct. 19-Hoddick, Reinwald, vacancies. One vacancy still ex the Senate offire. at least a 55i}o chance of I heard that the "Mad Dog" is ists and any interested person Photo credit: Karen Des still in the library, yet he is O'Connor & Marrack preventing aborted law school (Honolulu) should see Rex Easley (or fi le at mond. tenure. supposed to have already graduated. Is the library safe? ------Please set me straight. Dear Mrs. Palsgraf: Terrified. Phi Delta Phi Serves Up Tourney How do I get to the law library? Lost Dear Terrified: By J. Atherton International Tennis Tourna EVERYBODY. In addition to The old dog is up to his same ment. The tourney will be held the Championship Division (for Dear Lost: old tricks of boning up on the Jim Hart and Mary Brennan on Saturday, November 3 at your serious tennis buffs), the Just ask Colonel William P. law. You will fi nd him chained have been actively planning the tennis courts on the St. other divisions will include: "Wild Bill" Francisco. to this favorite desk reading up the Phi Delta Phi "Enter at the Mary's Campus, and there will mixed doubles; law student and on Rin Tin Tin's estate plann Risk of Your Own Humility" be a division for spouse; law student and at Dear Mrs. Palsgraf: ing and the such. He rarely if torney or faculty; and a "Never How do 1 find the "Wild ever bites. He is especially fond Heard of Tennis Before" divi Bill'"? of steak bone treasure trove CRIMINAL LAW ASSOCIATION sion. The all- • l • THE WITAN October, 1979 ------·------~------The Fifth Column Why They Call It Wales by Daniel J.T. Sciano the cultures of people of Why they call it Wales: we knew it we were sitting Economics have instituted a another part of the globe. Tom and l visited Wales one with two Welsh woman. When dress code. (Which might This article will not, and I Classes are taught on strictly weekend. Our st Carter's plan: the nation will was not settmg the regulated looking out for the inter~ts of GAS (Continued from Page 10) remain permanently m the price too high: a "floor" price, "consumers" by preventing the Louisiana's Senator's debt for in other words, rather than a price from climbing. Superimposed on a picture of a wildcatters being about as The significant point is that natural-gas pipeline was the remote from his safe little this achievement-a rare in "ceiling" price. There would in when a customer in figure: Eleven Years. (In the squared-away, government stance in which Congressional evitably be a move by the Massachusetts, for example, main text, the reader was ad regulated, government seniority was actually put to liberals in Congress to lower good purpose. the legislated price below the buys natural gas, only 20 per monished that "with but 6 per subsidized world of peanut As for the extention of price new intrastate level. (ln(h·J, cent of his bill pays for gas; the cent of the world's population, sU>rage as it is possible to im rest helps to pay for the the U.S. guzzles 33 percent of agine. And to the extend that controls, this turned out to be there was such a move.) The Texas Railroad Commis pipeline that brought the gas the globe's energy.") The reader Carter might have understood difficult, too. The price in the intrastate market had by now sion, which has authority over almost 2,000 miles to his home. was not told what the word the oil and gas industry he oil and gas production rates in Thus, an increase in the reserves meant, however. The would have thoroughly disap risen to about $2 per Mcf, and wellhead price of gas adds only problem with it is that it sug proved of it as a manifestation at this price more and more the state, came to the rescue at a small fraction to domestic gas of entrepreneurial recklessness driUing and more drilling rigs this crucial hour, putting into gests to the unwary a known bills. But-because the pipeline very much akin to gambling: were being set up-in fact effect a "conservation" quantity, arrived at after every must be amortized anyway-if fortunes made or lost at the there weren't enough rigs to go measure limiting output of gas, conceivable subterranean cavi gas supplies are interrupted or ty has been reconnoitered, turn of a drill-a fundamental around-and more and more thus shoring up the price. (The reduced, as they were in the measured, and its contents ly immoral world, not at all gas was being found. More rationale for this, as natural· 1970s (because of the diversion quantified. like the safety mcremental states were becoming gas industry spokesmen never "producer" states, too-not just tire of explaining, is that for of new supplies to the in There are three categories of climate of civil servitude (5 per trastate market), then the con reserves-· ' p roved , · · cent per annum increase for in the South. Several Western obscure geological reasons sumer's bill will rise con "probable," and "possible" everyone) in which he had states were finding a lot of gas: more gas can in the long run be Montana, Colorado, and extracted from a well if it is siderably because the constant -and the figures that spent his entire life. Not sur we hear whenever the 'energy prising, then, that he soon taken out of the ground slow pipeline costs must be "loaded" crisis is discussed are proved perceived the energy crisis to ly.) onto a diminished number of reserves: very conservative Be that as it may, the in· customers. Therefore, be the moral equivalent of war. ~~In figures that describe a working He smote the oil companies hip 1976 Carter had trastate price then held steady regulated price::. have hurt the consumer, not helped him. inventory of natural gas in and thigh, denounced the made a campaign at about $1.95, and the Con· gressional debate continued Thts was pointed out in War wells that have already been special interests, and vowed to promise to dritted. As the cost of drilling a veto anything resembling a undisturbed by distant price rent T. Brookes in a column in gas well is now more than a deregulation bill that might deregulate natural fluctuations. A coalition of cen· the Boston Hemld-A nl(>ricrw. He desrnbed a case in which quarter of million dollars. on come out of CongrPss. gas, but in trists led by Sen. Henry "the total 1mi·( ufga.<~ to lht average, and as with any gtven He brandished a Natural .Jackson of Washmgton sup retrospect it seems CIII/S/11111 t'X I'IJM' ll/ ( 11'11 !fCI/1'1; bore there is only a one-in-ten Energy Plan, in which the in ported the new Natural Gas ji·o111 :[Jl. 7.! lu $;J..J.'J, 1/'lt ih chance of finding as, it does tentwn was to do away with clear that he just Policy Act. which was m turn flu 1m<·r '!I flu· Jtul' .fuel not come as a surprise to learn the dual natural-gas market by said that because he opposed by an unusual allianee U'Ptll 1/fl r11il!l 20 r·ents. q{ that the vast majority of poten extending price controls to the. of conservatives from the pro was in Oklahoma tlw $Uifi lrltT<'t/.W', $1.44 u·a.-; tial gas-bearing sediments have ducing states (who didn't want intrastate market. Professor in the n0ny cost of the not been drilled at all. The Edward Mitchell, a frequently that day." the government interfering with thei r-compara pipellm st i'l'iN'. The nuun misleading nature of the figure· consulted expert on energy tively-free markets), and reasun fin· I In:~ ,·,:-;e u·o.~ lite given in Newsweek (and in matters, has called this a decline in tlu .f1ou· of many other journab at that ''!->hortage policy." Carter, of Wyoming, for example. Thus, those on the ideological Left. notuml fl'l.'{ thronylt the 1111· time) become; apparE-nt when course, was by this time sur politieal support for rhregula such as Senators .Metzenbaum and Edward F. Kennedy (who t ion:'{ major Jll}wl ine . .. Tlu.o.: one consirlers that now. six rounded by adviserl' for whom tion wa~ inevitably growing thour:ht the propo,.... d IH'W i.'l ll'hf( (/ :;/lld)l df)/(( by years later, { .S. proved ::;horlages were a dn•.Hll come wtth tnm· regulated price was too high). Brrwkl 1/11 { '11 ion Ga.'{ Cum reserve~ amount not to a f>-year' true: 1111'1' short disastrous." There has ~m a cies responsible for ruling on fuels is engaged in policies which have had as their only GAS (Continued from Page 11) 15 percent decline in drilling, these price claims to turn them he said, "because of confusion down, because the higher the result a greater U.S. in meeting requirement ob]iga prkes are (in some cases) the dependence on imported fuels." Despite uncontroverted WashinKton, and one in no way tton," i.e., red tape. he said that higher the state "severance" The worst effect of a con arguments such as this, bound by the actions of its there were 300 unused drilling taxes are-taxes on oil and gas tinued shift of industrial users Senator Kennedy persisted in predecessor'S rigs "stacked up," with "about taken out of the ground. Most away from natural gas, his denunciation of higher The new act is a lawyer's 250 new ngs coming on hne people seem to agree that this however, wtll be once again to well-head pn<:es, saying that dream and a legal from the manufacturers." is the eventual fate of the force domestic consumers to they have been "burdening con nightmare-sixty-two pages of Before the bill pas..sed, of regulated price, it becomes a pay greatly increased pnces for sumers direct!) and indtrectly fine print establishing twenty course, righ had been hard to price that no producer has any the diminished quantities of wtth billions of dollars in four different categones of g-ets. find. Independents, Turner ex incentive to undercut. In the gas traveling in the pipeline. higher costs. I could not vote to llere is Category 6, for exam plained, drill 90 pereent of the end, then, prices turn out to be (At present, only one-third of saddle them with additional ple: exploratory wells in the United higher than they would have the natural gas consumed is biihons of dollars in sttll higher States. Most of these companies been without regulation. put to domestic use.) In effect, costs " A typteal statement by "l'•:eu· Onshore Production employ only half-a-dozen 1;o a Meanwhile, there is still then, households rather than someone favoring regulation, Wells Deeper than 5000 dozen people most of the time. another provision of the new industries will be compelled to whtch the dollar-and-cents feet: gas from ne u· wells w "Now they've been asked. to act that seriously disturbs the amortize the enormous cost of 1 reality obscured by the au old teRervoir 1r1thin 2 -t look at a complex law," Turner gas industry. This is the so pipeline constructiOn, which, rhetoric of billions. miles ofan old well provided said, "and most of them sin1ply called incremental-pricing re incidentally, has gone up from Similar arguments were that neu• u•ell is outside ex threw up the1r hands" quirement, which is a plan to $120,000 per mtle in 1965 to made by Senator Kennedy's isting proration unit Another fear is that it will charge large industrial users of $1.7 million per m1le in 1977. It former aide James Flug (who (applied to well begun gas more than domestic users. was for this reason, then, that runs a well-financed anti-oil 2119177 and t he'reafter A few years ago, of course, this James Schlesinger recently company operatton out of capable of commercial pru CONSUMER seemed like a good idea We urged industries to go on burn Washington), Ralph Nader. ducti(m). " vs. were then still mesmerized by ing natural gas in their boilers. Reps. Toby Moffett and Rev. the Club of Rome and the "era It may be seen, then, that the Robert Drinan, and many As Sen. Ernest Hollings of PRODUCER of limits." But after the inter government involvement in others, all of whom alleged that south Carolina said in the and intrastate markets were natural-gas pricing has been a thev had the consumers at course of the debate, "We all take a long time for the new, unified, a "bubble" of one disaster. It IS particularly hea-rt. This may legitimately be could become gas lawyers.'' Ac higher regulated prices allo,wed trillion cubic feet of excess sup discouraging to consider how doubted. howe\er, in view of cording to one report, some of under the act to take effect. By ply was discovered in the in much larger the natural-gas the facts about pipeline costs. the independents, unable to af a 3-2 decision earlier this y•ear, trastate market. At that pomt, market might have grown, as a If only these men had taken ford the necessary legal advtee. the Federal Energy Regulat10ry Energy Secretary Schlesinger percentage of U.S. energy more interest in the price paid have given up in disgust and commission (which has now tried to get the industrial needs, if the rigid price con bv the consumers, rather than gone into other lines nf replaced the old FPC) ruled market back SCHLESINGER trols of the 1960s had not been the price charge at the business- bowling alleys, for that the price-€SCalator clauses URGES SHIFT TO GAS USE in place, resultmg frequently wellhead. it would be so much mstance. The majors, of course, written into old natural-gas was the surprising New York in the shunning of new gas easter to believe their con can easily afford the lawyers, contracts would not be Timeli headline in January this customers. And if the market sumerist rhetoric. As it is, one and so one undoubted effect of automatically "triggered" by year. But the act was passed by had grown, we would now be is left with the distinct Impres the bill, as with so much of the new ceiling prices now this time, the damage was that much less dependent on sion that they are more in what Congress does, will be to allowed. "What this means." done. and plans go ahead to foreign oil. A large part of the ter~ted in makmg life difficult make ltfe harder for the small said David Foster, of the Na charge industries using problem, it is now apparent, for the producers than easy for business entrepreneur. At the tiOnal Gas Supply Association, natural gas a higher price. stems from the clamorous ac the consumers. same time, of course. it will "is that the decision wiped pul ThP fear is that many in tivism inherent in the word In any event, the "conference make life relatively easier for what some say is 70 percen . of dustnes may already have p!Jlicy. Time and again, in re report" compromise passed the the majors, all of which have the price incentives we thou.ght turned to oil-fed up as they cent years, we have been told Senate by a vote of 57-42 on plenty of lawyers on their we were gettmg. The matter are with interrupted g'cl.S sup that the Umted States must September 27, 1978, and the payrolls and which will then came up for rehearing, plies, low priority if it is short, adopt an "energy policy." House later concurred by a therefore be in a position to and Energy Secretary Jarnes and now the threat of higher Somebody must do swzething margin of 231 168. President pick up any pieces of the Schlesinger sent over some prices. Rush Moody, a former about energy, and nobody Carter siR"ned the Natural Gas market abandoned by the in testimony saying that Chair l•'PC commissioner, spoke seems to have appreciated that Policy Act into law on dependents. man Curtis of FERC had hE!en before the Gas Men's Round for years and years thousands . November 9. 1978. It extended Earl Thrner. executive vice wrong. Then the commission. table of Washington in of people m the oil and gas in price controls to the Intrastate president of the Texas Indepen by a 4-1 vote, did modify its in November, 1978, and he said: "I dustry have been doing market, with the distant pro dent Producers and Royalty terpretation somewhat. l~ut have an intuitive feeling that a something, namely delivering mise of deregulatiOn in Owners Association, says that lawyers believe it will take substantial portion of the oil and g'cl.S to U.S. consumers 1985-but, of course, by then a as of March, 1979. the new gas three years of legal maneuver traditional natural-gas in at the lowest price in the new Congress would be in act has been "a little short of ing for ceiling prices to be :ap dustrial market has already world. But small, and then plied to existins:t contracts." disappeared and is not likely to larger, mterferences in the The interesting thmg is that return even though more gas market resulted in inequalities if and when these "ceihng has now become available." He of supply and demand. which ~ fatso's bar-b-q prices" are arrived at, they Ph. 681-9290 Ph. 432·0121 attributed the surplus gas in turn led to the appeal that very probably will turn out to 7911 CULEBRA RD. 1743 BANDERA RD. "bubble" to a fall~ffin demand government should do even OPEN7 AMto9 PM OPEN9AMT09PM be higher than the free.marl VOL. VIII, NO. 3 St. Mar:r's University Sc hool of Law March, 1980 Dean's Report State of. the Law School 'lttl' j(,flull'lllfl i.~ t/11 ·~)tat!' I{/' I hi' /,1/11' Sr·luwl" 1'1/U•rf tl'riltl'll b!l Dean Castleberry 11111lmai(,d f, 111/ St .•\Jury's Loll' Sl'hu"f ,1/umtli. II 1t Dean Ca~>lleberry o11tl i111 s :wmr 4 tlu utroll nu nl.. fimwcial om/ phy.,ir·a/ plant pmhluu.-.:faf'ln!J tlu Lmr School. It i:- m.) spe<"i.tl pri\ ilege and plea:,UI'i' to pre~nt to the Adng w: Council of tlw Sthool nf Law anrl Alumni of the School of Law of St. Man's Uni\Prstt v of San Antonio, Texas, thb first annual report on the J~resPnt "Stat~ of the School of Law." The purpose of tlw report is to apprise ea('h of you of those important facts and dr('umstances '' hirh refled the pre:-.ent state of affair~; and weJJ-b,•inR•>f the School of Law. and pro\ ide a prognosis for it:-. future. Each of you are also entitled to kno\\ and :;hare my deep concern for the vresent "State of the Law School" a:; it prepare::- for its regular seventh year reinspec tion for accrechtation by the American Bar A~-;ociation and the Association of American Law Schools, scheduled for April 14-16. 1980. While there have been some important chang(•s made since l became Dean on .June 1. 1978, there are significant changes which re main to be accomplished. I have tried by way of this report to provide you with an honest, Pensive Mock Trial Winners Ruben Pen a (L.) and Shelton Smith. forthright, and candid assessment. I feel a duty to share with you, as a member of our immediate family, the many facets inherent in such a report, the failures as well as the successes, the disappointments and frustrations as well as the satisfactions, and,of course, the goals and hopes for the future. Verdict: Smith-Pena Triumph I know that you will understand and agree that this report should be treated as a strictly private report. I intend to make the report by Colleen McHugh before a judge of the court of torney's office. John Younger available only to such other persons as may have an official relation Criminal Appeals," said Pena. of the law firm of Tinsman & ship to the School of Law. 'I'wo second year students House, presented the $500 I will appreciate receiving your c·onstructive comments and recom took the $500 Tinsman & The Mock trial problem en award. mendations. Your genuine concern for and continuing enthusiastic tailed a murder by stabbing Houser Award in State Mock Judge Davis interrupted his support of this school of Law is vital to its progress and success. allegedly prompted by the Trial Competition Finals Feb. campaign schedule in his cur STUDENT BODY 28, 1980. Shelton Smith and decedent's tearing up a picture of the defendant's son, a Viet rent race as incumbent judge, There are approximately 650 full-time students currently enrolled Ruben Pena won as prosecu Texas Court of Criminal Ap in the School of Law for the Fall Tenn 1979. This enrollment figure tion in the match judged by nam hero. The defendant, peals to attend the final round. results from a good-faith effort on the part of the Jaw school to meet Judge Tom G. D! vis, Texas Carol Davis, pleaded self Judge Davis has won acclaim the enrollment target of 600 full time students which has been Court of Criminal Appeals. defense. as one of the best legal minds established by the Administration of St. Mary's University . Smith and Pena rose to the Judging the final round with in the country. Recently, the The current enrollment of 650 full-time law students creates a top of field of 29 teams, com Judge Davis were Terrence Judiciary of Corpus Christi, serious over-crowded situation at the law school. The present physical peting in preliminary, quarter, McDonald and Larry Souza. Texas, announced their un facilities were originally designed to accommodate what was then semi-final, and final rounds. McDonald teaches Criminal animous support for his can hoped to be an eventual student enrollment of 350 to 400 students, The winners met John Blair Law and Criminal Procedure didacy. and an absolute maximum enrollment of 575 students. Because of and Gary Davis in the final at St. Mary's, and practices "Working with the students the over-crowded conditions, students suffer from grossly inade round. Criminal Defense Law in San in our Texas Law Schools pro quate facilities. There is insufficient seating capacity in the Law "It's an incredible experience Antonio. Souza practices with vides a special interest to me," (Con't. on Page 7) to argue for the first time the Bexar C-ounty District At- said Judge Davis. Scott Files For Texas Supreme Court Seat Early this winter. St. Mary's others to be lawyers, as a "The threats to Texans today Profe.ssor L. Wayne Scott an writer and commentator on the are not those of the vast fron nounced his candidacy for the law. tier where one could be lost Texas Supreme Court seat be "Few people stop to realize forever, but of being lost in a ing vacated by Judge Zollie that in terms of population, nameless world of Steakley. He faces two Texas is now larger than the bureaucracy. The attacks no dt:>mocratic opponents in the United States was under An longer t'ome for Tndians but May 3 primary and recently drew .Jackson. The problems from inflation, from the explained why he should be the which face the go\ernment, degrading sense of becoming a number and from a sense that one to replace Ju~e Steakley. and particularly the courts, are "To maintain its position as a a more complex than those fac nothing can be done. great court, and it is a great ed hy the historic ::-hadows of "The people of Texas are en one, the people who are ap theN' times. titled to public servants of the pointed or elected to the court "In the day of Jackson, ex stature of .Jackson and the peo must be of diverse pansion and self dept>ndanre ple who came before Jackson backgrounds. each adding ·were the only way to survive. such as Jefferson and Franklin. something unique to the court_ Today, interdependance is the Thiliie people lived in another time. but they were only in I think I can do that. I can br watch\\ord and learrung to lhe dividuals sen ing fewer people ing a younger and fresher vie,..,. with less appears to be ac to the law. I am not a politi t-eptt> Witan is published by students of St. Mary's Law School, monthly except June and July. The views PERSONNEL expressed herein are those of the individual writers and do not necessarily reflect those of the WIT AN. its editors, the administrators, or faculty, unless Editor-in-chief ...... William Hayes otherwise stated. The Editor is responsible for the Managing Editor ...... Colleen McHugh \'iews exprl'&-1 in unsigned articles. Articles Editor...... Martha Warren Staff: Mrs. Pal~raf. Riehard Klitch. Pat Turner. Articles in WITAN may be reproduced and News Editor ...... Erwin McGee T.C. Gallucci, Mark Daniel quoted provided that cn•dit is extended to the Features Editor ...... Jeff Babcock Contributor: Mercedes Kutchen. Carter Thompson, publiedtion and the author of the article so used . Faculty Advisor . . . . Dr. Harold Gill Reuschlein Ed Schroeder and notiee of such US(' b gin>n to the publication. March, 1980 THEWITAN Predicate To Wage/Price Controls By Erwin McGee work. His statements indicate potential integrity of a control our current inflationary pro- scheme, if not rendering it In a trial by jury, both par blem is cost-push rather than wholly unworkable from the ties are entitled to a jury in demand-pull. More specifically, outset. struction which presents their it is the rising costs of uncon· Given the information theory of the case if that issue trollable crude oil which is available to the executive is supported by competent racheting pnce pressure branch, such a contention can· evidence. Some evidence, throughout each sector of the not be summarilly ignored by before it can be introduced in economy If the President is our benchJEastern press. The trial, must be predicated with right. controls won't work only time we have ad- circumstances which Although controls prevent ministered the severe remedy demonstrate the admissibility rising prices, they don't stock of wage and price controls has of that evidence. Pr~idential grocery shelves and gas supply been during wartime, demand· campaigns may be likened to a tanks. If the costs of providmg pull inflat10n. If it is cost-push, trial by jury where the Eastern a good or service loom larger and more importantly, energy press is the bench and rules on than the price which that pro- pushed, wage and price con- the admissibility of evidence. vider 1s allowed to receive for trois with authority to pass- More importantly, it is this the good or service, that good through energy price increases Mary Rudolf, Denise Voigt and Kathy Leach prepare for San bench which draws up the jury or service won't be provided. would be frustrating Francisco trek. instructions. This author fears As they say about Russia, bureaucratic boondoggle. that the Eastern press is quick there is no such problem as in- To the thoughtful reader, it ly embarking upon a path flation or recession, only shor- should be obvious that budget which will lead to fundamental tages and gluts. A wage and tightening is a Keynesian Frisco Frolic error. The issue-wage and price price board would have to be fiscal remedy to demand-pull controls. granted the power to authorize inflation also which will have a by T.C. Gallucci The' Women's Law Assocta· Room is being made on page price increases when mandated pitifully insignificant effect on tion initiated, and the one for the currently number by the oil cartel alone. Such as the overall inflation rate Three third-year students Women's Law Center spon one Issue in the polls, the pervasive "authorized in- although it will severely im· were enroute to San Francisco, sored a fund-raising drive to economy, by relegating the crease" item, questions the See Wage/Price Controls California on February 27. help defer expenses for in· Afghanistan and Iran crisis to PageS inside pages. The recent page Mary Rudolph, Denny Voigt terested members of the W.L.A. Through donations and one headlines involve the Presi· and Kathy Leach spent three dent's withdrawal of the days attending seminars, lec designated W.L.A. funds, each ------student received approximate budget for trimming and the tures and speeches at the 11th Congressional positionmg to ~~ ' ly $80 to assist with over $500 ~, National Conference on receive the same. No doubt lob , expenses. Women. byists are scurrying, but the Rudolph Voigt and Leach The lOth National Con press is quite clearly bored. No attended seminars in such ference was held in San An· one believes the projected I \ areas as women and girls in the tonio last Spring; co-sponsored budget deficit of sixteen billion Criminal Justice System, by the Women's Law Associa· dollars will be reduced in an I I Domestic Law, Professional tion and the University of election year. In fact, smart Women and the Law, and Texas Women's Political money would be placed on that I 1 Employment Discrimination. Caucus. Attending by over projected deficit being doubled. Students and attorneys from 3,000 persons during the three Wage and price controls is throughout the country par days, Rudolph, Voigt and the follow up story, already be I I ticipated in the Conference. Leach were instrumental in ing adopted by some of the Substantive law and litig-ation contributing to the success as most influential members of I I techniques emphasize issues af representatives of St. Mary·~ the Eastern press. The Presi fecting women. School of Law. dent suggests controls won't I I Law Student State Bar Formed I GOBBLE I By L. Kurth tificates of membershtp, fr~ students. These suggestions attendance at certain State wi II be reviewed by the The State Bar of Texas Bar continuing legal education T.S.B!L.S.D. Board of Dtrectors : TWO BURtiERS FOR : recently authorized the fomla as...;ociation with the State Bat and in turn :;ubmitted to the tion of a new divi:-ion of the Benefits offered indude the State Bar Executive Commit State Rar. To better sene the tee for approval. Please list any needs of law students, the Law Texas Bar Journal, Texas I THE PRJ(E Of 1 suggestion you might h Now comes the Women's Law Association To serve our faculty citation That on the sixteenth day of March Ho, d~t thou challenge us to duel We shall confront our rivals arch. On the diamond, harsh and cruel, The softball field will be our court. Where thrice before your struggles have been We shall not argue crime nor tort; Tragically fruitless without a win. St. Mary's U. the place of trial, W.L.A. v. Faculty the style. We charge our mentors to appear Or if they must, default in fear, For it's well known our fame is glorious, Oh, good women of the law, Be fooled not by our good looks and charm: Ye realize not your fatal flaw. We're fleet of foot and strong of arm. For we be fueled by the mind, Shrink not behind an academic shield. Even though some are part blind. Confront us on the softball field. Cast down your books and drop your chalk And meet your match. We will not balk. And know beyond a shadow of a doubt Indigenous to our fortitudinous craw That we shall conquer-we have clout! Is the grit produced through years of law The time is ripe: Be present, Teachers, Like a tumor on our very soul On the field and in the bleachers. That torments us toward our every goal. And meet your doom once and for all- The W.L.A. challenges you to PLAY BALL!!! LET IT BE KNOWN TO ALL WOMEN (AND ME~) Beware, ye stand within our view PRESIDENT THAT THE \\".L.A . HEREBY CHALLE~GES The game is ours, it's what we do THE LAW SCHOOL FACCLTY TO O~E GAME OF SOFTBALL Now light your candle~ and pray for snow ON THE SIXTEENTH DAY OF MARCH, NINETEEN HUNDRED Or proted your pride and fail to show EIGHTY .\T T\VO O'CLOCK IN TilE AFTERNOON. WE OF THE \VOME~'S LAW ,\SSOCIATION AH£ EXPECfiN<; A PROjiPT RESPONSE. David Dittfurth -Kris Beckw- Team Captain (by default) March, 1980 THEWITA~ Page5 Criminal Law Members Tour Prison The Texas Prison System is ed for future housing of the insitutes neighbor the figure of 118 yrs. old, but 1t has not held female inmate population. $20-$25 per mmate per day. such high prestige until quite Goree will soon convert to a This Self-Supportive System recently. It has only been since male institution, and one of 1947. under the auspices of begins with the return con· those planned units near struction of the buildings, gatesville is preparing for the which is done by inmate work such concerned figures as . transfer of the female inmates. Governor Beauford Jester, crews. It does not stop there, This particular unit will be en but rather parlays into virtual- Director O.B. Ellis, Governor titled Mountain View. Price Daniel, Governor Allan The overall perception of the ly every imaginative area. The Shivers, and Director Dr. Texas Prison System was department has an George J. Beto, that the prison necessarily and admittedlly agricultural division producing system sublimed from an 1 Some eall it home. Some would prefer not to. Criminal Law limited due to the confinement good commodities sufficient to estate of embarrassment to a of our tour to two pre-se1ected feed the inmate and employee Assoeiation members found it a niee place to visit, however •..• plateau of proud ness. Recently, units. The tour was arranged population. fourteen members of the by there personnel, and there Criminal Law Association of were fleeting thoughts inquir The inmates manufacture Settlement Institute St. Mary's University School of ing as to this limitation - in their own clothes and shoes. Law toured tow of the prison deed, were we only allowed to They have furniture shops, lawyers and alumni. mop and broom facturies, As was done so last year-the farms located just outside oL see the trustees or were we ex SBA is co-sponsoring a The Law Day Banquet begins Huntsville and were allowed to sawmills, bus repair facilities, posed to life in the prison just Continuing-Education Seminar with cocktails and 6:00, follow judge for themselves. dental labs, woodworking sites, as it is? Mr. Ware responded ed by dinner at 7:00. Under the direction of Mr. with the State Bar. This directly to this innuendo with textile mills, and other like Graduating seniors are admit Collins, Mr. Ware, and Mrs. "Institute", concerning the sub a guarantee that should the craft & educational set-ups. ject of "Settlement" will be Fri ted free and all others are Gaines, all employees of the Texas Department of Correc C.L.A. sold another tour, For an ideal of the lifestyle, day, March 28, from 9 a.m. un $12.00. whether in the spring, as has The awards and recipients tions, our group was informed it is important to see what the til 4 p.m. No classes will be been proposed, or in the fall head that day. for 1980 are: as to the prison lives within the housing units contain. Com two farms of Gerouson and which is customary, he would mon to all of them are dining Joe Greenhill, Chief Justice 1) Twenty-third annual Gavel personally see to it that we be of the Texas Supreme Court award to honorable Sears Goree. Gerouson is an institu areas, landry rooms, visiting tion specifically designed to allowed to visit any of the units rooms, a library, a legal will be the principal speaker. McGee, Assoc. Justice, we so choose, be it Ellis, often house male inmates between library, interview rooms, At the conclusion of the in Supreme Court of Texas. referred to as "hard time" or the ages of 21 and 25, whereas medical facilities, regilious situte at 4 p.m., the SBA is hav 2) Twenty-four annual St. any of the remaining thirteen ing an all-law school sausage Thomas More Award to Dean Goree is currently one of only facilities, recreational area, two female institutions within units. Ellis houses the max craft workshops, employee and beer party. All Law Charles E. Meyers, School of imum security inmates and the sixteen-unit system, which housing, administrative offices, students as well as institute Law, Stanford University. figures would dictate the tentacles out within a 130-mile and maintenance units. participants, are invited. 3) Eighth annual outstanding average sentence per inmate to radius of the city of Huntsville. Currently the inmate popula Saturday. March 29, law alumnus award to be between 50 and 60 years. designated as Law Day, will honorable H.P. Garcia, Judge The complex stretches as far tion ambivates at the 22.500 One of the most unique mark, and the 1985 prediction begin with the presentation of 144th Judicial District Court, north as Palestine and back characteristic.s of the Texas south to Freeport. One unit is is that housing will be rpquirerl Student Achievement Awards Bexar County; class of 1951. Department of Corrections, at 2:00 p.m. in the classroom The Norvell Moot Court in Gatesville, diverging to accomodate approximately and the one which juvenates 37,500 or a 637% increase smce building that night at the Oak Award will also be presented somewhat from the awe in most every other correc Hills Country Club, the Law during the banquet to the win geographical guide, and the year 1947. Growth thus prcr tional institute, is the fact that vides one of the primary School will present 1t's annual ners of this semesters Norvell presgery constitution is under the Texas Prison System is vir awards to outstanding judges, Moot Court Competition. way for four more units design- challenges of the future for the tually self-suffiecient. The Texas Department of Correc average cost per day per in tions. Between 1970 and 1975 Everything You Ever Wanted to Know About mate lies somewhere between paroles granted had a net gain $1.00 and $2.00! That is almost of 94%. Yet, in that same in Rush, but Afraid to ask a Rush Captain unlimited of throughout the terim, inmate population in nation where some correctional creased 330/o! by Mark Daniel SELECTED TO JOIN? Formal can see, the cost is low. IS THERE ANY HAZING bid letters will be sent out to Controls,(FromPagea> It's that time of year again first of March. Phi Delta Phi INVOLVED? None what Wage Price when the law school is besieged sends bids only to those soever. The fraternities feel pact on those who are least able Without laying the proper with FRATERNITY RUSH. students in the top 200/o. Delta that if a student can get to tighten their belts. The perti foundation that the economy is PARTIES each and every Theta Phi and Phi Alpha Delta through St. Mary's registration nent remedies available to com suffering demand-pull infla weekend. For the unknowing (PAD) send bids out to all first (although it is better now), bat energy led inflation is quite tion, wage and price controls and unsuspecting first year year students. It's not like class changes, the business of clearly cutting oil imports and are clearly inadmissible as be student this period brings undergradute school, everyone fice hassle, or try to secure expanding foreign markets. ing irrelevant and highly pre about many questions and in receives a bid, including financial aid through the To combat that component, if judicial to the producer. Fur quiries. Perhaps the following women. The law fraternities at Financial Aid Office then that any, of our inflation problem ther, budget restraints lack the summary can bring an end to St. Mary's are for both men has been through enough haz which is demand-pull, the same predicate and are highly some of the confusion surroun and women. ing for a lifetime. remedies lie with the federal prejudicial to the conviction of ding the fraternity rush here at WHEN DO I JOIN? The reserve in restraining the the poor. St. Mary's: fraternities have set aside the WHY SHOULD I JOIN A growth of the money supply HOW MANY FRATER week of March lOth through LAW FRATERNITY HERE and in selectively curtailing Client NITIES ARE THERE ON 14th to be RUSH WEEK. Each AT ST. MARY'S? There consumer credit. CAMPUS AND WHAT ARE fraternity will have a table in reasons are numerous: alumni In the long-term, the answer Counseling THEY? There are three law the classroom building where relations, important placement is to promote the ascension of a National Client- fraternities here at St. Mary's. prospective members can stop contacts, and professional legal third world middle class which Counseling Competition They are (listed alphabetically): by ask questions, learn about, development. All the above will provide the necessary de winners Wendall Hall and Delta Theta Phi, Phi Alpha and hopefully join a respective sound good, but speaking mand for American industrial Ann Vanderbeck compete in Delta (PAD), and Phi Delta fraternity. realistically the advantages of goods. This can be started by Regional Competition the Phi. WHAT DOES IT COST TO being in a fraternity include eliminating U.S. import weekend of March 7, 1980 at WHAT ARE THE RE JOIN A FRATERNITY? Delta social functions and parties at restrictions on third wrold Baylor University School of QUIREMENTS TO JOIN Theta Phi costs $40 to join and a bargain price, the statistic labor-inten::;ive goods. Such free Law in Waco, Texas. Good EACH FRATERNITY? To be $20 every semester thereafter. that 78% of practicing at trade measures would have the Luck! eligible to join any fraternity Phi Alpha Delta (PAD) charges torneys in the United States concomitant advantages of im you must be at least a second $45 for initial membership and were in law fraternity during proving relatiort..; with Latin Summer Rental semester 1st year student and $15 for every semester their law school careers, America and cooling infla Fully-furni::;hed (including have an average of 70 or better. thereafter. The weight of the valuable law school friend tional')· pressures in produce. washer dryer) apartment; 2 Phi Delta Phi requires a top initial cost of each fraternity ships. and last but not least...it beef and textile:-;. Instead. the bedroom: to rent for summer: 2001o class standing. goes largely to their national helps add filler to and looks Congress is in a protectiomst available during . May, good on the old n,sume. HOW DO I KNOW IF I AM chapter initiation fE.>e . P ' 1u mr ' 681 -:~()H() . Page 6 THEWITAN March.1980 The Fifth Column ALUMNUS ANALYSIS A PERSPECTIVE ON PRACTICE by Richard Klitch particiate" too much. that like most firms they main When St. Mary's School of For those ot us who may tain a flexible schedulP :~nrl Law has occasion to boast of aspire to become involved in work around the students par its many successful graduates, trial work, Mr. Lyons advises ticular needs. one name surely to be spoken us to learn the library very Besides attending to and in of would be that of Mr. Clem well because ability to use it conjunction with a permanant Lyons, a gradua~ of thP. class significantly increases our ef and well respected career, Mr. of 1962. A briet look into his fectiveness. Further he sug Lyons shares of his time and life and practice reveals why. gests we learn equally well the knowledge freely. He is a Mr. Lyon's academic career material contained in the member of the American actually began when he courses of evidence, procedure Board of Trial Advocates, graduated in 1954 from St. and legal bibliography. American Trial Lawyers, Johns University College of The same applies for those Texas and San Antonio Trial Pharmacy in New York with a who wish to specialize in Lawyers Association, B.S. in Pharmacy. While at St. Medical Malpractice except American and Texas Bar John's he was published and you should add Legal Medicine Association, S.A. Bar Assn., was frequently on the Dean's Lawyer Clem Lyons. to your curriculum. American Pharmaceutical list. District Attorney. An ex- Mr. Frank Southers is also a Of interest to some of us, Mr. Society as well as the Texas After graduation, military perience incidently which, in St. Mary's graduate, speciliz- Lyons firm is a steady and Bexar County Phar service claimed two years, thus retrospect, he cites as in- ing in workmans compensa- employer of St. Mary's maceutical Society. in 1956, Mr. Lyons moved to valuable with respect to gain- tion, is writing a book on the students as clerks. Mr. Steve Additionally and attesting to San Antonio and established a ing trial experience. Starting subject and is part of the the professional communities practice as a Registered Phar as a Criminal Investigator in Special Instructional Staff at Dittlinger, an associate of the respect for Mr. Lyons, he is fre r'lrm and an honors graduate macist. Tho~gh he practicied Medical Malpractice, Mr. St. Mary's teaching the very quently requested to be guest Pharmacy for ten years, Mr. of St. Mary's oversees the clerk lecturer for such organizations Lyons then became Prosecutor subject of his book. program. Lyons decided in 1959 to at for the Unlawful Practice of The firm Southers Lyons is a as the Bexar County Medical tend law school. Working at Medicine. trial firm with emphasis on Mr. Lyons says when Society, San Antonio Surg. night and attending St. Mary's In 1966 Mr. Lyons re-entered plaintiff litigation with both evaluating applicants for clerk Society, Bexar Couny Phar by day, Mr. Lyons received his private practice being a senior partners certified in Persona! positions he particularly seeks maceutical Society, Legal law degree in 1962 after which partner in several firms Injury Litigation. Mr. Lyons recommendation from our pro Scretarys Association and the he immediately went into culminating with the present says SOO/o of his time is spent on fessors for he and Mr. Southers Texas Nursing Association. both have a great deal of private practice. firm of Southers & Lyons, at Medical Malpractice with the Is there life after law school? In 1963, Mr. Lyons left this respect for members of our You bet there is if we can use 126 Villita. remaining time spen ton pro- faculty. practice to become an assistant Interestingly his partner, ducts liability and general per- Mr. Clem Lyons as a standard Further Mr. Lyons indicates by which success is measured. ..------.. sonal injury litigation. Owing to his pharmacy background it is no small wonder that Mr. Lyons elected to make a career SBA March Schedule out of Medical Malpractice. Fri. Mar. 28-No law classes. tasks are being performed A conversation with Miss There will be a law institute by current SBA Members BAR REVIEW Elizabeth Lang, Mr. Lyons per on "Discovery and Settle and Alumni, but more infor sonal secretary and ad ment," which is sponsored mation and details will be ministrative assistant, reveals in conjunction with the announced as they develop. IF YOU DON'T READ THIS that he has a very heavy State Bar of Texas. The Note: SBA meetings are cur YOU'VE JUST LOST workload consisting of approx event runs from 9:00 rently held every other Mon imately 200 cases. Mr. Lyons a.m ... t:OO p.m. Details on day at 6:30 p.m. in library FORTY BUCKS states that after reviewing agenda will be forthcoming. elas.-,room 103-104. The next each cru;e, he will probably ac And all law S<'hool party one being on February 11. As of March 20th, 1980 the price of a Bar/BRI Bar Review t:ept around 2fY:Yo, rejecting the follows the institute, to be l H80. Any interested course goes up . lO. A depo:sit of $:35. Now will insure. that you remaining cases for a variety of held on school grounds. All stuclents are urged and can receive BRI for only $250. (Price increases to $290, on rea.-.;ons including no cause of students are invite .t\.:ii:;IA;law.'m which provide: educators of outstanding abili DEAN'S STAJE Of SCHOOL, (Cont'd From P.1) (405) The law school shall ty whom we need and would establish and maintain condi like to add to the faculty. Dur Library, insufficient basic adopted by the American Bar time), and twenty-two adjunct tions adequate to attract and ing the forthcoming prooess of library materials for students Association and the Associa (part-time) professors. The Law retain a competent faculty. evolving final approval of a to use in their research and tion of American Law Schools. Library also employs three (a) The compensation paid budget for the School of Law study, diminished student ac Enrollment during the Sum full-time Assistant Librarians. faculty members should be suf for the next ensuing fiscal cess to professors for oonsulta mer Term has been decreasing As indicated in the preceding ficient to attract and retain year, I will continue to urge tion, and excessively high class significantly recently due to section on the Student Body, persons of high ability and the Administration of St. enrollments which result in several factors. Many students the current student/faculty should be reasonably related to Mary's University and the students being unable to ade find it desirable to work at full ratio is seriously in violation of the prevailing compensation of Board of Trustees of St. Mary's quately participate in time employment during the American Bar Association Ac comparably qualified private University to approve a level of classroom discussions on a dai summer, rather than part-time creditation Standards 201 and practitioners and government funding for the law school ly basis. In eight elective during the academic year, to 401-405 as interpreted by the attorneys and of the judiciary. budget which will pennit our courses this Fall Semester, our earn the funds required to at Consultant .on Legal Education The compensation paid faculty faculty to be compensated at classroom space was insuffi tend law school. Some of our in American Bar Association members at a school seeking the level which is required by cient to accommodate students second-year students attend at Memoranda 7879-11, dated approval should be comparably the Accreditation Standards of who desired to enroll in those tractive "Summer Abroad" September 28, 1978. In my let with that paid faculty the American Bar Association. courses. In addition, our cur programs offered in many ter to the President of St. members at similar approved At the last meeting of the rent student faculty ratio is 35 parts of the world by ac Mary's University dated law schools in the same Faculty Council of the School to one, and is in serious viola credited American law schools. January 12, 1979, I expressed geographical area. of Law on November 9, 1979, tion of the ratio of 20 to one, However, most of our students my deep concern that our stu The situation is not one the Council approved a newly recommended by the Ac decline to attend the Summer dent to faculty ratio was then which is new, but is one which proposed promotion and tenure creditation Standards of the Term in order to accept sum 37 toone,almost twice the max has developed and matured policy which will effectively American Bar Association. In mer internships which are of imum of 20 to one prescribed during the past several years. take into consideration the September this year, I recom fered by law firms, judges, com by American Bar Association Salary "increases", authorized rather obvious fact that the mended to the Planning Team panies, and state and feder.il Standards. My request for a - by the University at annual promotion and tenure of the of the University that the agencies. These internships reduction in the enrollment rates ranging from 2.5 to 3% faculty of a professional school University approve the re<:om provide excellent levels of com target for the fiscal year com during the past four years, should be based upon con mendation, which I also made pensation, and an opportunity mencing June 1, 1~9. together while inflation and costs of liv siderations which are obvious last year. to reduce the enroll to gain an insight into "the real with an authorization for three ing increased at annual rate of ly different from those of us in ment target for the law school world" of the legal profession. additional full-time teachers to 7 to 9'1/o, have resulted in some a non-professional school. The from 6.50 students to 575 More importantly, most of the begin implementing a reduc of our senior faculty members proposed new policy has been students, and that this be im lawyer employment offers are tion of the student-teacher receiving compensation which transmitted to the President of plemented no later than the made to those who have held an ratio was not approved by the is 25% lower in purchasing St. Mary's University with a Fall Semester 1980 by redueing internship with the employer. University. The funds approv power than four years ago. Ac request that the Board of the maximum enrollment for An internship is almost essen ed for the law school budget cording to official reports from Trustees of the University will the first-year class to 200 tial to a good job offer upon authorized the addition of only the American Bar Association, give its early approval to the students. I hope to be able to graduation. Our current sum one full-time teacher. My pro the median salary being paid proposal. report to you at an early date mer enrollment is now down to posed budget for the next fiscal during the current academic Inadequate travel funds con that this proposed reduction in only about one-third of the year commencing June 1, 1980, year to senior law professors at tinue to prevent faculty the enrollment target has been enrollment for the fall and spr will again contain a request for one of the private law schools members from attending all of approved by the University. ing semesters. If the trend con additional full-time teaching in Texas is approximately the conferences, institutes, I want to emphasize that the tinues, we may find, as many faculty members so that the $15,000 per year more than the seminars, programs, and proposed additional physical other schools already have, School of Law can be brought median salary being paid to meetings which they should be facilities which are discussed that it is simply not within acceptable compliance senior law professors at St. attending in order to maintain subsequently in this report economically feasible to with Accreditation Standards Mary's University School of and improve the level of skills have been planned to assist in operate a summer program for and also, at the same time, pro Law. These same reports show needed in the areas in which accommodating a maximum students. vide our students with the type that the average salaries paid they teach. In like manner, our target enrollment of 575 FACULTY and degree of individualized at to the faculty of St. Mary's budget for student assistants students. The additional The current faculty of the tention and instruction which Law School continues to re for faculty research continues library seating capacity, School of Law is composed of they are entitled to reasonably main significantly lower than to remain grossly inadequate. classroom space, library nineteen full-time teachers, expect to receive at at private those paid at any of the other Last year, I requested an in materials, and offices for six four administrators (Dean, professional school. seven law schools in Texas. In a crease from the then budgeted additional full-time teaching Associate Dean, Law From the faculty standpoint, list of 162 reporting approved amount of $5,000 to a level of faculty members, will help br Librarian, Director of Place this excessive overcrowding law schoo,s, the average facul $20,000 for the current year, mg the School of Law within ment and Alumni Relations, and serious imbalance in the ty salary and fringe benefits but the request was denied and the standards for accreditation all of whom also teach part student-teacher ratio seriously places us in the bottom 10%. no increase was authorized. detracts from the ability of our Summer compensation of our Fortunately, I was able to per teaching faculty to teach effec faculty is even worse. Our suade a "friend of the law tively in the classrooms and to faculty receives only about one school" to contribute the sum consult with students outside 2411 N.W. 36th St. half (~ 2) of the compensation of $5,000 to help pay the cost of of the classrooms. It has also which most of the other law student research assistants on The seriously detracted from, and schools in Texas pay their research projects by professors interfered with, the ability of faculty for teaching in the which were already underway. the faculty to devote the proper Summer Term. With the law school generating amount of time to legal No married member of our approximately $2,000,000 in Law BookCo. research, to make significant full-time faculty is able to tuition income, our budget for contributions to legal maintain their standard of liv faculty research (to pay stu Of literature, to participate effec ing solely on their faculty dent research asistants) should tively in local, state, and na salary. Each one of them sup. certainly be significantly Texas, Inc. tional bar association ac plements their faculty compen higher than .0025 of its tuition tivities, and other professional sation with income from other income. It is seriously below organizations, and to appear as sources, such as retirement in Accreditation Standards. speakers and panelists on in come from prior employment, PHYSICAL PLANT EXPAN- stitutes and special programs. part-time law practice, or a SION However, in spite of this situa working spouse. Early in the Spring of this tion, several of our full-time Remedial action on the gross year, the Law School Space faculty have somehow manag J! \..~"" ly inequitable situation is long Needs Committee appointed by ed to find the time to produce ~ SU'\P•L overdue. Our faculty deserves the President of the Universi 1\?1----l some very important contribu to be compensated at levels ty, submitted its report and tions to legal literature. recommendations proposing C.u\eera. which are at least equal to the One of the most critical pro average paid nationally and at that a new two-story structure blems is the level of faculty other Texas law schools. Their containing 22,000 square feet Ser·m·ng You With All Your Needs salaries. Compensation cur loyalty and devotion should be be built as an addition to the rently being paid to our full properly recognized and Law Center, and to be situated time faculty is so grossly defi immediately West of the Law USED & NEW BOOKS rewarded. Our grossly inade cient that we are in serious quate salary levels have Library Building. The ground OUTLINES & SCHOOL SUPPLIES violation of the Accreditation prevented the &hool of Law floor will contain all of the ad- Standard~ of the American Bar frome being able to emplov. legal (Cont. on Page 8) Page 8 A WIT AN a March, 1980 ~------~~~--~~·--~--~~~~~~------~- be to develop an adequate time students. This will that premise. with serious violations of Ac- DEAN (Continued From Page 7) l'b 0 d d 'tate 1· t' d 1 rary. ur stu ents an necess1 a rea IS IC an CONCLUSION creditation Standards in ministrative offices for the law faculty should not be compelled reasonable increase in tuition My first year as Dean of the several significant areas: school, four additional faculty to use the library of another charge which will enable the School of Law has been a very student-faculty ratio, library, offices, an infonnal student law school in order to find, and School of Law to generate a busy one. It has been an ex- equipment, secretarial staff, lounge area, and a formal use, the materials needed for sufficient amount of income citing year, full of challenges, faculty salaries, faculty tenure lounge area for receptioru; and their research. study and which, after paying to the successes, failures, and frustm- and promotion policies, funds meetings. The second floor will writing. University a reasonable charge tions. Much has been ac- for faculty research and travel. contain additional space for ex- FINANCIAL for maintenance, overhead, complished, and much remains You may be assured that the pansion of the library to ac- The current law school and other services provided by to be accomplished. entire law faculty shares my commodate 250,000 volumes, budget is clearly inadequate to the University, will enable the I confess that I am deeply concern and frustration, and space for microfilm::; and equip- provide the desirable level of School of Law to retain a suffi- concerned, and disturbed, that the hope that the University ment, additional seating for funding needed to increa!'e our cient amount of :such income to the pleas of the law school to will treat the situation as one studenL~. space for a Lexis library count from it." present adequately fund the required the University during the past deserving and warranting unit, rare books and a storage 85,000 volumes to the level of hudget. For many years, the year for a reduction in the emergency remedial action area. The Sl'eond floor will be 100,000 which we shoulrl have tuition charge by our law enrollment target and a level of prior to the arrival of the Ac· comw~h·rl directly wHh t'he se- at this time to employ the addi· school has remained in the bot- budget necessary to enable the creditation Inspection Team. cond floor of th(• existing Law tiona! teaching faculty tom 15 of 20"o level of tuition School of Law to mePt and As fellow Alumni, we all Library by an en<"losed members needed to bring the charged by accredited private satisfy the minimum re- share a common concern for walkway. A writtt>n proposal student to faculty ratw into lav. schools in the 'C'nited quirements of the American the welfare of our School of hm; bee~ submitt.ed to a foun- compliance with accreditation State:s. Last year. the law Bar k;.-;ociation for accredita- Law. Its status, progress, and dation v. inch has indieated its :;1:.:'1.ndards. to provide the level srhool proposed a tuition in- tion were not appr·med. As a general reputation are matter:; intere:;t in providing all of the of :;taff :;uppmt which the crease from $~16 to $124 per re:;ult. we are facing the of importance to each of us. J fund:; necessary for the con· faculty needs, to pay faculty semester hour. an increase of regular seventh year and ac- will keep you posted with :-;truction and furnishing of the and staff salades at a le\el $2, . The Uni,ersity approved creditation and reinspection respect to any significant building, together with a per- which will enable the School of an increase to $110, only one- scheduled for Aprill·t·l6. 1980. developments. manent mamtenance fund. We Law to attract and retain addi- half of that requested. Another ------are no\,. anxiously awaiting tional competent personnel. to pri\ate law school in Texas final approval by the founda- provide adequate research and char~;t-d $149 per ~mester hour tion. At tht' present time, we travel funds for our faculty, to the previous year. If we ex-pect Scott Files literally have no more shelf acquire and maintain adequate to provide the level of quality (Continued From Page 1) space for book~. Although we equipment and to provide stu- of l£:>gal education which is re- ter than the leader:;hip of the School of Law and Master of have a volume l'ount (about dent services which are all quirt>d by accreditation stan- past. At least they are entitled Arts degree in American 85,{)(10) which is seriously in- needed-all of which are darrls, we must adopt and im- to people who recognized the Studies from Baylor Universi- adequate for the needs of our necessary to meet the plement the premise that we challenge, who are willing to ty. He has done post-graduate students and faculty for their minimum standards for ac- must charge the level of tui- accept it, and who will try to work at New York University research and study, we have no creditation. tion, which will generate the better the past. School of Law. space for additional volumes At the same time, there is the level of income, which will per- Upon graduation from law even if we could acquire them. undeniable need to immediate- mit the law school to have the "I see the courts as the cor school, Scott served as a brief As soon as additionally space is ly reduce the enrollment target level of budget that is essential nerstone of hope for the future ing attorney for the court of available, one of our most im· for the School of Law from its to that required level of quali- (and I think it can be a bright Criminal Appeals and then as portant and urgent goals must present 660 down to 575 full- ty. I will continue to advocate future) restoring the family to a Briefing Attorney for the its place of prominence, restor Supreme Court of Texas, the ing the individual's feeling of first person to serve in this Top Secrets Graymail control over their own destiny; capacity for both high courts of serving as the buffer between Texas. From there, Scott went The i!'i.Sue of what to do with in evidence from the defendants was settled after a deal was people and people, and as the to Waco, Texas, where he telligence officials who break in some situations. However, struck with Helms and his at buffer between citizens and the ultimately became a partner in the law and then use a new that last proposal raises the torney that Helms would agree government. the finn of Sheehy, Cureton, defense tactic called eyebrows of civil libertarians. to plead nolo contendere to a "Don't misunderstand me. I Westbrook, Lovelace and "graymail" has stirred debate Graymail was first used tw(}eount misdemeanor charge realize that some courts have Nielson (now Sheehy, Lovelace on Capitol Hill. The debate has when the Justice Department of refusing to answer a Senate intervened too much in some and Mayfield). While in Waco, been fueled by a report from sought to prosecute Richard committee's questions. This areas-but I don't believe that he served four years as U.S. the Senate Intelligence Com Helms, former director of the successful graymailing of the the Texas Supreme Court is Commissioner for The Western mittee which shows that Central Intelligence Agency. In Justice Department enabled such an offender. I do realize District of Texas and as a lec criminal investigations and Helm's case, the department Helms to avoid the embarrass that as a society we turn to the turer in law at Baylor Univer prosecutions by the Justice wrestled for two years with the ing felony perjury charges that courts too often to solve petty sity from 1968 to 1971. Active Department of cases involving possibility of having secret in could have been filed against disputes, and that hair split in community affairs, Scott bribery, drug trafficking and formation disclosed. The case him. ting has become a pastime for was a Deacon and elder in the even murder have been drop some. Lakewood Christian Church, ped rather than chance the "What I see clearly is the served on the Boards of Direc disclosure of unspecified in need to balance the rights of tors for the St. Paul's Episcopal telligence secrets. ~ fatso's bar-b-q Ph. 681-9290 Ph. 432~121 the individual and society, School and the Campfire Girls The term graymail was coin 7911 CULEBRA RD. 1743 BANDERA RD. with the scale tipped for the in and was a member of the Lions ed to describe activity a shade OPEN 10 AM to 9 PM OPEN 10 AM to 9 PM dividual. Club. lighter than blackmail. R . C erly on :\0\\ St:R\ 1:\G RRt:AKF AST "What I am saying is that I In 1971, Scott moved to San Generally graymail involves at . R} Thonn 811 "[) f'I.Ol.R TACOS want this position, not as a Gu1tar , urs - p.m. Antonio, Texas, to join the tempts by defendants place to retire with glory; not faculty of St. Mary's School (intelligence officials) and their CLOSED SUNDAYS as a stepping stone to other of and to become co-€ditor of The attorneys to connect state TA \ ER:\ 1:\ REAR fice. I want to join the Texas Texas Lawyers' Weekly Digest. !iecrets with their cases in the 132-9HSR Happy Hour 4-6 Daily Supreme Court to serve the Scott has been active in Bar ac hope of finding something the OPE:\ 9 \.\1.-12 P.\t. Longnecks 45t & 50f people of Texas. I promise them 1:\.\1.0\ S\Tl'RIM \ ' tivities, serving on numerous U.S. governmnet d<>e!:i not want only to give a fair day's work State Bar c0mmittees, in revealed in a public trial. .------for a fair day's pay-to honor ONE PER CUSTOMER : cluding the committee which The Justice Department has no special interest-to prote<·t revised The Texas Code of not always been the willing ric SANDWICH, SALAD 1 the rights of the people-to u~ Criminal Procedure. He has tim in these cases. It tried to $1 9 9 plain old common sense-and been vice-chainnan of several fight back by. introducing a & SMALL DRINK PLUS TAX l to strive to live up to the past American Bar Association closerl pretrial hearing pro Offer or $200 1 so that the future generations committees, serving longest in cedure in one conspiracy case, Exp~es BEER Pitcher 1 can look on this period of time, this capacity on the Rules and but this tactic was rejected Aprtl 1st WITH COUPON i on we of this time, with pride." Procedure Committee of The both by the trial judge and on '------, Scott, 41, is a native of Insurance, Negligence, and appeal. The department has ONE PER CUSTOMER 1 Lockhart, Texas, where his Compensation Section. now submitted antigmymail father sits as County Judge of ln 1960, Scott married the legislation which would give Regulor BAR-8-Q PLATE : Caldwell County. After former Patricia Pond of judges the authority to hold graduation from Lockhart Lockhart, who subsequently closed hearings and review l & DRINK $269 : High School, he earned a died in 1976. A member of the secret documents. Under the I Offe_r TEA OR SMAll SODA PLUS TAX I Bachelor of Arts degree at Alamo Heights Christian proposed legislation judges 1 Exptres . 1 Southwest Texas State Unher Church, he is the father of would also have the option of '. ~~~ ~!_----~t~ ~~~0~------1 sity, a Juris Doctor degree three children, Kelly 15, withholding ultrasensi ti ve fr- the University of Texas Leonard 13, and Brad 12.