Cleveland State University EngagedScholarship@CSU

1980s The Gavel

11-1980

1980 Vol. 29 No. 2

Cleveland-Marshall College of Law

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This Book is brought to you for free and open access by the The Gavel at EngagedScholarship@CSU. It has been accepted for inclusion in 1980s by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. Vol. 29, No. 2 November 1980 lrtllE A~IEIL C levela n d-M a rsh a1 1· College of Law

" BLOWING" HIMSELF AROUND 11ffi COUNTRY.

CONSULTING THE ELECTORATE 1 Letters

Dear Ed itors: In the hope that you have never read the Fonda Wants Anderson words to the Equal Right Amendment I include them for your consideration:

Equality of rights under the law shall not be denied or abridged by the United States or any By Charles W . Fonda state on account of sex. The Congress shall have the power to I am a lifelong Democrat. I worked for 3 ) The politics of exclusion. J immy Carter enforce by appropriate legislation. the George McGovern in 1972. 1worked and voted provisions of this article. has a very poor economic record. Traditional for J immey Carter in 1976. But this fall I will This amendment shall take effect two years elements of the Democratic Coalition have not work and vote fo1 John Anderson. after the date of ratification. fared well during Carter's administration. Yet There are three reasons that explain this The recent Gavel article enti tled. ''Bella was by ra ising the horrible specter of a Reagan reversal of the habits of a lifetime: Building Bridges for Teddy .. which referred to presidency, Carter plans on getting the 1) The candidate himself. Congressman reluctant support of these groups. the Equal Rights Amendment as a " fascist Anderson's positions (as laid out in his 317- amendment " smacked of i rresponsible page platform) are more appealing to many sloganism. Perhaps a quick look at Black's Law The Anderson Effect Democrats, including myself. than those of the Dictionary w ill clear up the problem: This plan would succeed were it not for the nominee of the Democratic Party. His 19 years candidacy of John Anderson. For John Fascist. A totalitarian; a believer m the in Congress give Anderson an understanding corporate state; one opposed to the exercise of Anderson keeps J immy Carter honest. John of how Congress works, something J immy democratic methods or of civil liberties: high Anderson forces J immy Carter to defend his Carter does not yet have. and something handed. meager record, something he wouldn't have to Ronald Reagan probably never w ill have. rlo in a two-man race. No wonder the Carter I fail to see the connection between fascism Yet perhaps the most attractive aspect of his and the Equal Rights Amendment and I orces seek to keep Anderson out of the candidacy is often overlooked - his suspect that other readers feel the same. debates. It explains why the Carter-controlled w illingness to think things through and take Historically. whenever the prospect of equal Democratic National Committee endeavors to unpopular stands. w hen necessary. This is rights has been extended to a new group of keep Anderson off state ballots. despite polls contrasted w i th Reagan' s knee -1 erk people there has always been opposition. s h ow i ng Democrat i c congress i onal conservatism. and the fly-w ith·the-political­ candidates running better w ith Anderson on Curiously, those who are most vocal in w inds approach of Carter. An example of this the ballot. opposing equal rights for women are often is the current rush to embrace a massive Now, more than ever, the American put•ic is those most threatened by the prospect. increase in defense spending, so that we can faced w ith a choice between the " lesser of two I'm proud to be for the Equa l Rights " catch up .. w ith the Soviet Union. Reagan evils.·· It is a choice J immy Carter has worked Amendment and I am secure in the knowledge takes this approach because it is right-w ing that the equality it is meant to establish and to create. and it is an awful choice. John dogma. Carter because it is the political thing safeguard is an important step forward for a Anderson stands as an answer to such a to do. Anderson wonders w hy such an society made up of women and men. choice. Yet the popular conception is tha t a increase is necessary and if better use couldn"t vote for A nderson is a vote that is thrown Judith Zimmer be made of current resources. away. Student 2 ) Carter's primary campaign In the This is simply not right. A vote for Anderson primaries, Carter revealed himself as a 1s a message to the Democrats and Democratic Nixon. rt.ere was almost nothing Republicans that such a choice can no longer he wouldn't do to gain renomination and re­ be tolerated. A vote for Anderson is a vote for rm familiar w ith the proposed amendment election. He worked the patronage systems for traditional Democratic and liberal Republican and my being critical of it does not delegate votes. He used the Iranian situation, policies. A vote for Anderson is a vote against automatically render me or any other critic shamelessly making it a major problem that the politics of exclusion. A vote for Anderson is insecure (i.e., " threatened") or sexist. kept him in the White House when he didn't a vote for a positive change. More precisely, Fascism is state control want to debate Senator Kennedy, making 11 a It may not be easy to vote for him . But if without state ownership. The proposed minor issue when he fell he had to campaign. enough of us have the strength to stick to our amendment allows for the further expansion Even more alarming is the conclusion that convictions, we may find our vote has done of governmental power. Women should be must be drawn from the reports on the Iranian something positive for a change. skeptical of all acts that c.oncentrate the power rescue m ission, including the recent Pentagon of government. Concentration of power report. The determining factor in approving the Charles Fonda, a third-year law student at implies paternalistic hierarchies. where raid was not its chance of success (admittedly Cleveland State University, spent the summer women have always found themselves at the marginal), but its effect on Jimmy Carter's as a legal intern at the Defense Logistics lower end of the status scale. sagging rating in the polls. Agency.

M . V -S.

Business Manager IC\cland-~1 ar~ h all College of I. a" Marilu Myers CleH·land . tatc nl\er 11~ Fntorc cnnlcnh cn p Ho~hl IY 7 b~ Tht Cle\ eland. Ohio 44 11 c;.,,._ Pcrm1"1on 10 rcpnnl an' ran A rt D irector mu,1 ~ nbt tntd 1n v.nting from Th~ 216-68 -2-'40 M . Varga-Sinka (;a,d. I h~ \ 1(v.' t'\f"rt''C'd hC'rcm arc rh o'c Editors ot the.· ne v.,papcr cH '" byltncd Ken Callahan Staff re po rt er' o r conlnhutors and do nm Steve Smith Jeff Fisher. Chuck Fonda . Lise Hickev. OCCC~~artl) rr0CCI l he \ lt' " S Of lhe M ichael Varga-Sinka Kathy Kilbane. Marilu Myers 'ludtm hoCleveland Museum of Art ano house. Known as the " Library," this gracefully Prof. Reiff points out that voters must be the Western Reserve Historical Society boast decaying former residence of some Captain of residents, and Ohio Revised Code section splendid collections of artifacts depicting Industry or another has for a decade been one 3503.02(c) clearly states. " A person shall not man's highest achievements. The writer of the more interesting sa loons in the city. A be considered to have gained a residence in would embark upon an extensive outline of the half-dozen or more rooms comprise this tap­ any county of this state into which he comes whereabouts, viewing-hours and highlights of house. the atmosphere of which reminds one for temporary purposes only. w ithout the these wondrous establishments were it not of a musty old private club complete w ith intention of making such county his that such would detract from the attention fireplaces. sturdy chairs and dimly lit old family permanent place of abode." available for devotion to the cultural question portraits on the walls. Musing over a cold " Most students are here in the county for a of utmost importance in the mind of the new­ libation or two. the student may pass many a temporary purpose: education:· says the comer to Cleveland, namely, what are the decadent evening lounging 1n the parlor or the author, " and thus clearly fall within the locations of the best/ cheapest bars? drawing-room. or reposing by the grand­ prohibition in the statute." Your humble servant must preface his staircase, while deep in contemplation of the To be a legal resident one must have most of remarks w ith the observation that insights lost times when persons of quality and merit his ties to the local community, says Prof. derived from years of undergraduate study (such as himself) could afford to live in such Re iff. whereas a temporary resident has ties upon this crucial topic while he was a resident grand surroundings. For some little time the elsewhere. The facts of one·s life control of Fenn Tower Dorm would cheerfully have writer and his companions " studied" nightly where his permanent residence is. Real been shared but for the lamentable fact that at the "'Library" while solving the problems of residents have local car registration. local most of the fine campus saloons which once. this beknighted planet, mourning lost driver·s licenses. do not leave town every time like beckoning oases. surrounded C.S.U., have sophomoric loves. or engaging in similarly school is out. and do not list an address other been razed. One such instance is the "'Down­ worthless pursuits. than local on school records as their " home under," a splendidly shabby century-old, The writer humbly apologizes if the reader address. " he noted. stone-walled warehouse basement which undertook his perusal of this little essay in Tom Jacklitch. the former supervisor of became the torn-Down-under when it gave­ hopes of uncovering the subtleties of a registration at the Board of Elections for way to campus " improvement " in the form of a martini at " Swingo's" or the bouquet of wine Cuyahoga county, stated the criteria parking lot. As a naive freshman. the writer at the " Inn on the Square." Nowhere in this necessary for a student to register to vote are would listen to " Suite: Judy Blue Eyes," space are to be found encomiums to the one must be eighteen years of age or older by "'Whole Lotta Love"' and other then-current delights of disco. paens to the stimulation of election day, a United States citizen, in good rhapsodies on the excellent juke-box in that single's bars. or any words of praise for the standing with the community. and be living in dark cavern. and he learned the exhilaration of flashing light-show. rising-young-extrovert­ the county al least thirty days prior to election. entering a saloon in broad daylight not to executive. phony swinging high-life " night­ Intent of residence is also important, he emerge again until the wee hours of the clubs" so popular with trendy bozos. Serious mentioned, for if a person intends to live in following morning. drinkers perform their task w ith a few select Cuyahoga county and not just on a temporary Who can forget. (among those few who companions in dimly-lit. threadworn places of basis. then that person may be considered a remember). the "' Barracks:· a dim. dingy, faded grandeur. far away from the multi­ legal resident. black-lighted shack at 19th and Chester in colored dance floors and forced gaeity of Those not qualified to register and vote but which the "'Woodstock Generation" once the more trendy establishments. Those places do so in violation of the state law are subject to gathered to discuss the Hated War. the Hated the writer leaves to the socia 1-cli mbers and the fines up to S 1.000 and/ or imprisonment up to Nixon and other sources of displeasure to the rah-rahs. five years under O.R.C. 3599.12 for willful Love and Peace Generation. The writer violation. frequented the " Barracks"' because his did not Prof. Reiff encourages all students to hate 5C per-glass beer on " Nickel Night." A evaluate whether they have the ties to their dollar's ration guaranteed a convivial night in (The editors welcome contributions and college community that qualify them as legal those pre-inflationary times. Sadly. the suggestions relating to the saloons worthy of residents, consult elections officials at the " Barracks" was honorably discharged shortly mention in the " Bar Review.·· and pledge to Board of Elections if in doubt. and register for after the War ended. and its sue is thoroughly investigate the quality of absentee ballots at their permanent residence commemorated by, what else. a parking lot. refreshment served in such establishments.) if not qualified locally. Benchley handed him a Krugerrand and NOV. 14 - From the sloop. the rhythmic din strolled toward the gated elevator. of a steel band could be heard from a shoreline peripherally noting the tall brunette in the nightclub. carried by a warm night breeze Charolette Ford dress. whose large grey eyes across the bay. The cold lobster had been followed him across the lobby. perfect, followed by a mellowing brandy. Only Seasonably As the porter hung his wardrobe in is closet, the occasional sniffle from a nostril of Susan . he walked out on the suite'sbalcony and drank or Brent punctuated the star-filled night . 1t all in: the blue-green seas. the white Before going in for a late night swim, Susan, Adjusted beaches. the, well, British overseasiness of her dark hair falling around her shoulders. the place. The amount the Agency paid him for touched him. these trips seemed steep to him. but all. he " Brent." she whispered deeply. " I love you :· sighed. for God and Country. Though it had Benchley returned her rich gaze. " I know only been three hours. Law School already darling," he sa id. " I know." seemed a dim memory. Fantasy by K. Callahan Brent selected a white Cardin suit - Brooks Brothers simply won't do in the Islands - and called the Martinique for reservations. He was DEC. 23 - Professor Oldenbohr vaguely SEPT. 29 - Finally, he thought as his interrupted by the re-entry of the porter with a noted the tanned. unfamiliar figure in the back Sikorsky touched down on the sun-bleached bottle of icey French champagne. and a sealed of the classroom who was j ust finishing the plains of New Providence. 2 hours and 18 note that read: " Good wine needs good last page of Gilberts as the exa~ was being minutes after departing Burke Lakefront - company - don't you agree? Signed, S from passed out. As his students battled his finally something had gone right. Benchley the lobby." questions, Oldenbohr, a bachelor, re -read fa irly skipped down the aircraft's stairway " And how many in your party, Mr. some old Richard Haliburton adventure, until toward the Maseradi Marek. parked beneath Benchley?" the voice from the receiver asked. the final blue-book reached his desk. the NASSAU INTERNATIONAL AIRPORT sign " Better make it 2. for 9 p.m., ·· Brent replied, To get a tentative feel for the exams. he as requested. The late afternoon Carribean "'And Charles - we may be a little late, say picked out a blue-book at random - No. 1007 sun contrasted favorably, in his mind's eye, what, old chap?" (was it that tanned figure from the back?) - with the nimbostratous gloom of the Northern and noted that the answers cited cases not Ohio sky, so recently departed. The Mazkicked OCT. 3 - " Yeager. Wallace, Walters." even in the casebook. in to a confident purr. Professor Oldenbohr intoned, reading off the Individual initia tive, thought Oldenbohr, As the white convertible gained speed down computerized class list sent over from U.C. " Is counts heavily in my book. Beach Street, the ignobleties of Late there anyone's name here that I did not call?" Registration gradually receded from Brent He looked up at the classroom of battle-weary Benchley·s mind. Waiting in line. class faces. and saw no reply forthcoming. " Good. DEC. 24 - Susan fumbled for the key to his conflicts. unpaid parking tickets - the whole Now suppose. instead, that Corporation X's room, after just returning from a few days damned imposition could be forgotten again. purchase did not come under the UCC?" shopping on Grand Bahama. at least until Winter Quarter. The car made a An unuttered sigh swept through the ranks " Darling,.. she started, and stopped at subdued skreech as it halted in front of the as he shuffled for the seating chart. viewing the empty suite. Empty, except for the Royal Colonial Hotel. Somewhere, from the grey ceiling overhead, note: " Darling - Sorry I didn't call - bit of a " Must be Fall Quarter again up North, hey an air duct forced air into the room. w ith a sticky w icket up North - such an imposition. Mr. Benchley?," the bell-captain greeted him noise that sounded, like nothing else in the See you in Rio on the say, 7th, what? Signed, cheerfully. " Your suite's ready again, sir." world, like " angst.·· Gratefully, B.B."

• • • The Continuing Crisis • • • By Steve Smith Afghanistan a year or so ago ... alarmists students, an addition is deemed necessary, should calm their fears. because experts all of which betrays that the directors of suggest the Afghan pacification fits in w ith the campus planning suffer from an " edifice current Soviet naval build-up and only means complex" ... also at C.S.U., word reaches the that the Soviets continue their long-range editors of this obscure journal that a 2nd year plans for occupation of a warm-water port. student recently passed nearly an hour in the probably New Orleans . . . Senor Castro basement lounge without once playing a hand promises his support for the President by of cards, or recreating for friends his exploits in postponing any further military adventures class. or dazzling other students w ith ... Fall, and another glorious year is under­ until after the election. The peoples of the predictions of his brilliant future in the law: the way for Cleveland. and for Cleveland State in Congo and the Sudan will just have to WAIT for student was actually studying. Disciplinary 1980. as the 1970's near an official end w ith their liberation a bit longer and that's that! action is expected soon . . . The C.S.U. the surrender of Abbie Hoffman who. with a ... the Wardens of the Chinese people have Conservative Union marks its 65th year this w isdom greater than most of us. passed the rebutted Mr. Reagan's co-standard-bearrer, month by wondering if there remains in the greater part of the dreadful decade in mufti thereby signalling their support as well for the Great Republic anything worth conserving ... and James Earl Carter wisely directs the President ... indeed. it seems that EVERYONE ... In a startling occurence, a Cleveland­ focus of his campaign to the grand future supports Mr. Carter, w ith the exception of Marshall student and a Case Western Reserve awaiting us following his re-installation as thoughtful Americanos ... on the domestic student recently met on EQUAL TERMS. The Chief Magistrate rather than dwelling upon front, the printing presses at the Dep't. of the meeting took place at McDonald's where the such minutiae as his record heretofore of Treasury continue to rumble away into the pa ir compared experiences. Unfortunately, the miserable and absolute failure ... the Swiss wee hours of the morning, while mysteriously, experiences were NOT equal: the Case Government, meanwhile, reveals that its inflation also continues to run amok ... Mr. student acquires his work experience at offices and those of the Swiss banks have Carter's pledge of a balanced budget has Squirrel, Sandy and Dumpster, while the been relocated in subterranean atom-bomb evaporated like the moonshine it was. and his Cleveland-Marshall student labors for the shelters far below a snow-capped peak in the Party racks up another spending-spree deficit " Kut-Rate Legal Klinic." . . . Finally, in Alps. Mr. Carter's campaign will perceptively of some sixty billions ... and as the cost of response to numerous complaints that (a) all term this mysterious moving-day a response luxuries such as bread and milk rockets into the time. half, and (b) half the time all of the to Swiss fears of Mr. Reagan's possible the stratosphere, the taxpayers of Ohio dig copy- mach i nes i n the library estan election ... while across the globe heroic deep for the millions to pay-off the latest descompuesto. (that's " busted" for all you Soviet troops continue to scotch the warlike addition to the magnificent educational Gringos). the administration is considering efforts of scattered Afghan tribesmen whose emporium named C.S.U .. the New Science installation of an indestructible auxiliary preparations for a surprise-attack on the Building. The "old" Science Building threw­ copier. to be located on the 17th floor of Fenn Soviet Paradise were quickly put to an end by open its doors to eager scholars in 1969 and Tower Dorm, in a dazzling move which should the Russian occupation and pacification of now. a scant decade later and w ith fewer prove a boon to the legal researcher. I An Interview with Charlie Smith by M . Varga -Sinka the world were being caused by " national (Mr. Charles E. Smith while v1s1tmg identities." The United States existing as a Cleveland recently, granted an Interview with nation is somehow causing problems. so to the GAVEL.) solve this problem we have to strengthen international institutions like the United GAVEL: On the radio I heard you were a Nations. This is the merger. Even the Boy black member of the John Birch Society as Scouts have as one of their highest badges well as former leftist-organizer. What did you " World Citizen." I'm a citizen of the United do as a leftist and what accounts for the States; I'm not a " world citizen." Eleanor transformation in your political views? Roosevelt was called by these " Liberals" the Mr. Smith: I actually joined the Fair Play For First Citizen of the World. I'm an American and Cuba Committee back in 1960. I had no idea it you're an American and I'm not interested in was run by communists. If there were a interferi ng in anyone else 's life. If another thousand people involved in this organization, country wants to have another kind of I'd say only ten or fifteen were communists. government. let them have it. They occupied every position. It was their GAVEL: Do you think the bureaucracy has organization in the first place. I was in there six dim inished our personal liberties? Some months and my wife said to me one day, " Can't people feel that their quality of life has been you see what you're doing?" I said, "What?" improved because of government programs. She said, " Look. the communists have you and Mr. Smith: If a person feels that the quality your friends in the street making all this of their iife has been improved by government trouble. Every time they want to solve the tampering, that person is by definition insane. the government and its legitimate functionsr problem that you 've created, they set up a just plain insane! Just consider the ordinary That money is going to implement these committee in government and then they get taxpayer. I didn't say a grafter or bloodsucker federal programs forced on the states by the appointed to the committee." or someone getting foodstamps. Ask him bureaucrats (0.S.H.A., E.P.A. , etc.). The A group of (members of) the Communist " What are you receiving from the reverse side of that coin is to have the House of Party brought Caesar Chavez to my house and government?" The answer is "Nothing. Representatives cut off the revenue sharing asked me to be his boss. This is personal Nothing. Nothing! " Can 't name one thing. The funds. experience. They wanted to give me orders grafters and the bloodsuckers think their The agencies should be abolished in the and then I would be giving Caesar Chavez quality of life has been improved but the exact reverse order in which they were orders. The idea of it was supposed to be trouble is. the problem is, that they've created. The first agency should be the so­ "black and brown." See. " minorities." Well, surrendered their responsibilities. They've called Department of Education; next would by Negroes aren't going to buy that sort of been domesticated. Cattle won't revolt. And the so-called Department of Energy. If we hogwash and didn't buy it, of course. So, the these domesticated animals who are looking began in 1981, the programs created in 1980 Communists simply reversed themselves and for food stamps and government handouts are would be eliminated. In 1982, all the took another common denominator: religion. never going to revolt against their rulers. They expansion which took place in 1979 would be They got these white people, the Kennedy­ will simply vote in the " Liberals" who buy their eliminated. In 1983, the corresponding year types. to back Chavez and liberal Catholic votes promising them more. They no longer would be 1978. As you decrease the size of priests some of whom were out-and-out have the capacity or the will to go out and do government, you reduce taxes. I can keep my communists. for themselves. money. When I buy goods, somebody has to The 60's resulted in the expansion of Government has never solved anything. The work in order to produce them. If we adopted government programs and the expansion of bigger it gets. the more it costs me. I'm being such a program. the United States would have government power. They're (the " liberals" in taxed to death. By definition by quality of life to import labor in ten years because the private Government) not interested in Negroes or poor has to decrease. I earn some money. It's mine. sector would have expanded so greatly. people or anything else. What they're doing is I'm entitled to keep it and use it as I see fit. If I If the House of Representatives. which creating an atmosphere whereby you abandon want to throw it away, it's my business. If you controls all the money, cut off foreign aid in all your responsibilities to the government with want part of my money, you should do part of its forms. the communist governments around the net result that today young people are my work. I am in favor of red istributing the the world would collapse. They cannot exist being taught to look to the government for wealth in this country. without foreign aid. I remember when Lyndon everything. GAVEL: By what means? Johnson and his communist buddies Walter GAVEL: Doesn't government exist to protect Mr. Smith: By workl You work and get your' Rostow and Willard Wirtz and that crowd gave people from poverty, pollution and all the other fa ir share; I work and I'll get mine. I'm not in them laser beam technology. They sa id it was ills that plague us? favor of taking your money and giving it to for medical research. There was the scheme in Mr. Smith: Government exists to protect the some so-called unfortunate person. If you the 1940's when they gave the Russians life and property of the citizens. To catch and want to give your money, go right ahead, be my occupying East Germany the plates to print punish criminals. If we're invaded, to make guest. If I want to do it, I'll be my own guest. I up American Occupation Currency. They war. You cannot protect my property by taking propose a very simple solution to this problem: made that currency redeemable. The net it from me and giving it to someone else. when a tax measure is put on the ballot. we result was that the communists printed up all You're stealing! You cannot protect my life by should have the ballot constructed in such a this occupation money and cashed it for manufacturing no-win wars, refusing to w in fashion that you have a record of how people American gold. About $7 billion dollars worth. them . . . refusing to even declare them. Our vote on the measure and those people who are In the Korean War. the American jets were government has become totally communist at in favor of paying that tax would pay it. Those fighting Russian jets and the Russian jets had the top though I doubt if any of them are who are against the tax wouldn't pay it. I don't Rolls-Royce engines. In Afghanistan. those members of the Communist Party. want to prevent you from doing something you tanks are made in the Kama River Truck Plant. GAVEL: Do you really think they're want to do! It's 100 percent democratic. And Our government took several billion dollars of communist and not simply. really consciously since the " Liberals" tell us " . . . it's a our money, gave it to the communists, brought progressive. as they concei ve of wonderful thing. wonderful program ..• " I'm the technicians over here and trained them at progressivism? sure all the " Liberals" are going to vote for it Ford Motor Co. and then sent Ford technicians Mr. Smith: These men, the Carters. Vances. just to keep heaping taxes on themselves. I do over there to help them start up and run that Brzezinskis and a host of others are not object to a man imposing a tax on me. plant. This is called " foreign aid" or " trade" co111sciously promoting the destruction of the object to a man imposing a tax on me. Make it but the goods all flow one way: the ball­ United States and its merger w ith the voluntary. bearing machines. the aircraft parts. the communist nations to form what they call " a What I propose in terms of bureaucracy is a computers for their missiles, from us to them new world order." They call themselves state law prohibiting the state from collecting financed by traitors in Washington, D.C. " Internationalists." They are in favor of and using any tax money to develop. abolishing our national sovreignty. At the very supplement, implement or be involved in any end of the Reagan-Anderson debate. federal program. Half the money collected by Anderson said essentially that the problems in the state government is not used to support Continued on page 8 Tlt~L

A CASE FOR COHEN

A small man but sinewy. He removes his coat, folds it w ith care and lays it aside. He methodica lly '" tucks up" his sleeves.

It's not that he's in a hurry; But, if the thing's going to be done, It's going to be done properly.

He kicks away the gravel and the brush Advice to the Law-Lorn by Senator Teddy And chooses the spot With an experienced eye. (Editor's Note: Senator Teddy, having suffered vigor to energetically pursue the " taxing" He thrusts the shovel two or three times a recent set-back in his quest for the chief nature of my high position on the Senate floor, And unearths the thing. magistracy of the land. informs us that he (a bit more humor creeps through there.) In Kneeling on the ground, graciously intends to forego more lucrative fact, I made several visits to my well-stocked He pulls the filthy piece from the dirt offers elsewhere and continue h is solemn vest-pocket before delivering my celebrated As though committment to devote his efforts to advising address to the assembled Democrat It were the forgotten tablet young law students and other public servants, Convention a few weeks back. Pockets, my Which contains the secrets of our being at least until something better comes along.) boy, contain the oil for the hinge on my door to .. . Or a treasure chest. success. No Senator would be w ithout them, or their contents. In the frenzied pace of He rolls out the cloth Dear Senator Teddy, congressional duty an important vote on That pockets his few archaic tools As an up-and-coming law student active in m illions of dollars for social-science research ... And begins. Moot Court, S.B.A. and other activities of on the '"symbolic significance of monkey­ global importance, I need to know w hat sort of shines" may be followed in hectic short-order He chips here and there apparel the socially concerned and involved by a crucial vote on food-stamps for striking At the encrusted mud; law student and young attorney is wearing in workers. This may leave scarcely enough time He carefully scrapes. these modern times. You, a noted attorney and in between for a visit to a local saloon. The Finally ... the brushl reknowned Solon. may perhaps assist me in properly-equipped suit-coat thus assumes He gently sweeps at this corner selecting an appropriate wardrobe. importance as a crucial legislative tool And that crevice P.S. And also, is it true leisure suits have enabling countless Senators and Congress­ And eventually begins to smile. fallen from favor? persons to be present and voting '"yes'" upon (signed) Concerned in Cleveland such enlightened legislation as the above " There it is! Can you see it?" examples. See how the facets glisten. Sadly, leisure suits are definitely out-of­ The thing reflects man's passions Dear Concerned. fashion, although I personally found them And weakness. his hurts and fears, I, too, would be concerned were I in quite tasteful and wore them ohen, for His hopes, his history and future. Cleveland. Heh -heh, a bit of the Teddy humor instance on weekend outings to Martha's His pettiness and his triumphs, there. Seriously, the primary criterion in Vi neyard to visit w ith '"friends." Alas, all that is The reasonable and the unreasonable, purchasing a suit of clothes is ample pocket­ past. As for the attire of the attorney, I have it in And the epitaphs of j udges space: inside-jacket pockets, outside-jacket good authority that noted Professor of law Who tried to reckon w ith it all. pockets, in -the-lining-pockets, and so on. Early Curry-favor advises that even the In my service to all person-kind in the Senate, youngest of Ch ildren should wear three-piece And he screams: '" Can 't you see it? '" (and lately in my glorious campaign for the suits: at least, he continually tells his classes The veins protrude from his forehead presidency), I have found these pockets to be that " the law favors early vesting." (I believe I As he paces around 'n round it. quite convenient, indeed indispensible for may have heard that phrase at law school, but "For God's sake and your own - secreting flasks and other small liquor bottles someone else may have taken that test for me.) Can you see it!" discreetly on my person. When the debate I suggest you deck yourself out in a polyester waxes long, and the heavy burden of spending three-piece w ith a loud multi-colored tie. You When he's sure the people's money grows tiresome, I find that w ill then be right at home w ith other That they've seen all they were able, a generous portion of a stimulating elixir concerned, involved, rising young law He replaces it gently into the earth rouses my rhetorical powers and gives me the students. And covers it once again.

He cleans his hands, unrolls his sleeves And reclaims his coat. In silence He departs and leaves behind him ...

The hush

Of those who've seen The innate come to life And laugh and cry and die before their eyes. - laubenthal '---'.___.. :::::::::: ~ -~ -====­ ., R"Af '""' To T~ TulS 1"10 A fi:xSTlW.L ! •

control of anything. That's the way to judge " Alright, you tell me something: how does An Interview with Proposition 2 . Don't look at who it's going to teaching me to be a racist benefit the Jewish soak - forget about that nonsense, it's a people:" They couldn't answer. Charlie Smith continued smokescreen - it's for more government and You·can see how successful they've been if We ought to make this country secure by not higher taxes. I'm not in the least bit interested they can get women to take a stand on "how helping the communists. At that point they'd in how these characters say they're going to does this affect women;" get an old person. collapse. We could then cut the Defense spend the money. They always have some " how does this affect the elderly;" how does budget. We could then defend this country " worthy cause" which they sell as pie-in -the­ this affect this group or that group - they w ith the A labama National Guard and a sky: blacks. poors. whites, farmers. Chrysler. weaken the identity and we w ind up being a detachment of Black Panthers. etc. - bailing out New York City. I'm t ired of bunch of groups fighting among ourselves. GAVEL: The priori ty of most people is their vote-buying w ith my money. Look at AP, UPI And of course. we w ind up getting sold own well-being before anyone else's. When and INS and look at who controls them: all government programs that supposedly benefit you have 40 m illi on people who are members of the Council on Foreign Re lations. the Negroes and the women . .. considered to be poor, most activities prefer Whoever puts the news in is the one who is GAVEL- Assuming the events of the last that the energy and resources be directed controlling it. You have a centralized twenty years or so had not happened, if there towards the and not some communist menace distribution system for the news. You had had not been a Martin Luther King. marches which is just a left over of the cold war era. unfavorable news to Somoza and favorable on Washington. the Civil Rights Act; what Mr. Smith: The communist menace is very news to the Sandinistas. Unfavorable to the would the economic/ political position be of real and it is from within this country. The Shah of Iran and favorable to Khomeini. It's the the black American today? communists are being kept in power in Soviet same trick used in Cuba to turn Americans Mr. Smith: If there hadn't been a Martin Russia to justify the taxes and the expansion away from Battista. Castro even boasted. " I got Luther King. the communists would have (of government power) placed on the my job through the New York Times ... created one - in fact. King was their invention American people. Without the communist GAVEL: Even the black student newspaper in the first place. They invented those · threat, you couldn·t have a huge military at CSU will have an article urging students to movements. The Negroes did not invent budget. Carter initiated the world -w ide arms participate in " solidarit y with oppressed Martin Luther King. The situation would have embargo against t iny Nicaragua and put in the peoples. .. (Why?) been the same. They invented Angela Davis; communist Sandinistas. Our government put Mr. Smith: If you can be made to think you made her a national f igure; put her on CBS in that communist Omar Torrijos. The next are part of something larger. a " citizen of the news. Who selects the person to go on countries to fall w ill be El Salvador. Costa Rica world, .. a citizen of the third world, then you 've national news? is already gone. Morocco w ill go w ithin a year. already weakened the sense of identity of your GAVEL: How should a law student prepare We're dealing w ith a conspiracy. Changing bei ng an American cit izen protecti ng for a future that in your estimation looks rather from the so-called Democrats to the so-called American iterests. bleak? Republicans and keeping the same Council on I ran into this communist trick a long time Mr. Smith: Every law student should read Foreign Relations members in all the time. ago: when I was working with the the Constitution and the Federalist Papers. switching from a Kissinger to a Vance, is like communists. I was at a meeting with them and Successive generations of students have been changing your dirty shorts: taking them off, I had all these Negroes with me - I had a taught that there is an "implied powers" turning them inside out and putting them on group called the Freedom Now group. What clause in the Constitution. The actual doctrine again. At first there appears to be a difference they were trying to teach us was that we you're being taught is the doctrine enunciated but as time goes on it makes little difference should act in the best interest of the Negro by Charles Evans Hughes and then picked up whether you change; and the more you people. Now think about that; if you're so one­ by that (I think) outright communist Felix change, the more everything seems to be the sided that you see an issue and you sa y " Well, Frankfurter: 'The Constitution is whatever the same. how does this affect the Negro people ... ?" Supreme Court says it is... What's the This brings to m ind what Daniel Webster There w ill be many, many issues which don't Constitution for. then? If you can j ust rip it up, sa id: " Good intentions will always be pleaded affect you at all. I sa id, " Why should we do put the wrong guys on the court and they for every abuse of power." I've been looking at things on the basis of race? Why should we ask change one thing and then put other guys on this for twenty years and I have no more 'How's this affect black people?" If something w ith different politica l philosophies and they doubts. happens in Poland, obviously it doesn't affect change it the other way. You haven't got a GAVEL: Isn't the John Birch Society another the Negroes. We should turn our backs on Constitution. form of extremism? them but they're in slavery, too. So these Law students. most of them, ought to be Mr. Smith: No. unless you think patriotism is communists masquerading as Jews said. horsewhipped. being extreme. Being loyal to an idependent " .. . you should do it too, everyone else is." GAVEL: Why is that? nation is good. Putting America first is good, " What do you mean, 'everybody else?" " Oh Mr. Smith: They've surrendered their not bad. Anderson and Carter put America yes," they said, " this is what the white man in morality. They've surrendered their good last. I'm the taxpayer and . . . I'm the biggest the South did." I said, "Is that right?" 'This is sense. (They) ought to be fighting for our rights special interest group in the country. I'm not a what the Irish did." I sa id, " Is that right? Is that instead of going along w ith bureaucratic m inority. I'm not · pushing for government what the Jews are doing?" He sa id y~J sa id, schemes. my past record emanating from my ignoble to use it wisely, to treat it as if it were their opponent! Forget the past. my friends, forget own, in fact they're even offering to TAKE it as what has gone before, forget my record. Listen their own! What self-less love of the Common instead to the glorious vision of the sylvan People! future which I detail for your believing ears! There seems to be a bit of a commotion Armed w ith this vision, (a nd your tax dollars). further down the Funway. Ah, it's the Shell ON we the People ca n create a new America, an Game, of course, a "little game of chance" as America of Plenty for those groups with the great W .C. fondly termed it. The clever political clout. and Plenty of Nothing for those carny running game slides the shells about who pay for it All!" w ith amazing celerity, and the stakes run high. POLITICIANS Whew! Let's perambulate down the Under this shell is inflation, recession, Funway. There's the sideshow, where former gigantic Federal debt, and 69 billions in taxes Congress-being and present fat-woman each year to pay the interest alone! Under the Bellow Abzug is about to assume center­ next shell is a veritable candy store of new AND stage. She's careening wildly, she's rocking Federal goodies and gum-drops: there's and reeling to the hoochie-coo, and the Federal h ealth -care, Federal energy Women of the Fevered Brow accompany her production, Federal land-use regulation and w ith a grand chorus of " I Am Woman." She more. each one without question destined to OTHER begins to speak, and she demands free Federal display the celebrated efficiency of the Federal abortion for unwanted children. free Federal Post Office Department! day-care for " wanted" children, free-love, The carny shifts the shells about w ith free-thinking, and free ice-cold lemonade! Her matchless sleight-of-hand and hints that BOZOS clown-hat is splendiferous and she's got pie all under the third shell w ill be found a Congress over her face! The spectacle is stupefying! controlled by the same Democrat Party for 25 Now here come the leaders of the unions. years in a row, and for 48 of the past 50 years. parading up the Funway in chauffered You choose that shell, but nothing is there! By Steven S . Smith Lincolns and Mercedes. What heroic Because the results of this monopoly power A Great Carnival is once again unleashed to champions of the Little Mani The workers are are under the other two shells and those barnstorm the four-corners of the far-flung gathering about them throwing money. The responsible are out campaigning for re­ Republic: A traveling menagerie and sideshow leaders are promising fewer hours, lower election! Not campaigning upon their records, replete w ith uproarious clowns. exotic productivity, more pay and a host of new oh. no. but upon their promises for the New animals, biza rre freaks and purveyors of Federal programs which will fuel inflation to Age about to dawn, just around the next gorgeous gew-gaws. The tent is up and the eat-up the pay raise and then some. The corner! A New Age of free animal-crackers. in parade of oddities and hilarities has begun, the workers love it! They're lifting the leaders on w hich the peoples' money w ill ALL be taken great quadrennial political circus is on! their shoulders, they're carrying them aloft in from them and spe nt w isely, by Peerless Let us begin by taking a short stroll down the the Lincolns and Mercedes. They're throwing Leaders, spent upon Bread, and upon Funway to the Liberal Salvation Show, where more money into baskets labeled " Union Circuses! Bring on the peanuts and beer! On the grinning carnival barker is about to speak! Pension Fund," and the leaders are promising w ith the show! " My fellow Americans, step right up, don't push, don't shove. I am Jimmy C .. your dragoman and guide for a journey into an array of fabulous festivities. She walks. she talks, NOW OPEN! she accuses anyone who supports real jobs rather than degraded welfare a " racist! " She does a slinky da nee, she whispers promises in your ear, promises of no work and more play for everybody, (except the middle classes!) HERMES I Don'cha know I mean our own Patty Harris, Secretary of Health and Welfare I Step right up. TRACK & RACQUET SHOP get your food-stamps for strikers. food-stamps for students, low-rent, no-rent housing! Get Specializing in equipment for the your welfare checks here, sign-up for one, runner and court sport enthusiast sign-up for several! Don't push. don't shove, there's plenty for everyone, (except the Running, Racquetball, Squash, taxpaying working classes!). " Right here, friends, on our Funway, the Handball, Paddle & Platform Tennis Great Judge Bad-teach-ye will be performing wondrous experiments on the Constitution to determine whether or not the Founding FEATURING: Fathers intended that Cleveland-Marshall Etonic Winning Ways students should be bused to Western Reserve. We know his power is in the Constitution, Foot-Joy Point West he'll find it there somewhere, once he gets his Patrick Slazenger famous " elastic claws" on it! Perhaps it's in the Prohibition Amendment. or maybe hidden Nike Champion in the " No State shall create any title of Leach Omega nobility" clause. " One final word, friends and neighbors! For and many more famous brands your edification and divertisement you will shortly see a moving picture, a tee-vee We carry a full line of equipment advertisement for the re-election of your Great President, me. It w ill show you the Great Man for women. at work, both alone and conferring w ith other Leaders such as Warden Brezhnev of the On Playhouse Square, next to the Palace Soviet Workers' Paradise. It w ill speak in grandiose platitudes of the awesome burden 1607 Euclid Avenue of my high office. What it will NOT do is speak of my past record. I advise you. my friends, I 14234 Madison Ave . warn you and caution you to ignore and cast from your minds the malicious references to Interview With SBA President Henry Hilow

The following is an interview with Student This year, however, we·re going to try to GAVEL: Were you satisfied with the results Bar Association President Henry Hi/ow. organize what we call a " Barrister's Ball. .. C-M of the Book Exchange this Year? conducted by GAVEL editor Ken Callahan. has a very distinguished alumni - Hilow: Dave Kemme really took charge. approximately 40 Marshall graduates sit on Because of his hard work. and the infinite GAVEL: Henry, last spring, in the throes of various benches. We hopefully will get number of hours he volunteered over the an admittedly close election. you ran on a together a formal dinner dance with these summer, we took in a great number of books, promise to " open up" SBA. How are you people; the law school is an excellent setting to and - more importantly - sold a great number implementing that policy? do so. of books. We were blessed with a lot of Hilow: C-M, both students and faculty, In addition, we're planning a plant sale to cooperation - for example, Rich Marco at Law consists primarily of commuters. We have help raise funds, which we would be willing to Review allowed us to use his offices, which sought. and succeeded in getting, many to distribute on a proportional basis with any allowed student buyers an opportunity to serve student government who had not before organization that would want to get involved. browse. - while not excludi ng those involved in the Also. our Speakers Bureau is continuing its Although the success reflects on the SBA. it past. Generally, things have been real good, search. is really an example of good people who cared and people very cooperative. Basically, we are pursuing programs that enough to volunteer. GAVEL: One of the perennial problems here are geared to involve students in the school - GAVEL: How do you see Happy Hours has been that of the failure of SBA Senators to for exa mpie, the Halloween Party - to provide progressing this year? attend meetings. How do you feel about a social. as well as academic opportunity. That is Hilow: Their success is really predicated on constitutional amendment requiring the d i fference between this and the the response of the students. Our first Happy attendance? undergraduate setting: it is important to help Hour, with the incoming class. went over real Hilow: I strongly support that. A student develop professional relationships now. well. government is only as strong and beneficial as GAVEL: How do you respond to complaints We're going to try to experiment with those who support it. But that implies a about the new library policies? Thursday night Happy Hours, at times when responsibility on the pa rt of those elected to be Hi low: I think that it is essentially a good and they seem least likely to interfere with classes. accountable. ultimately necessary idea . We must Also, we will attempt to limit them to 2 1/ 2 Just because we are a commuter school, in remember, again, that Cleveland-Marshall hours. so as not to invite problems. an urban environment, doesn't lessen that exists in an urban environment, a fact that GAVEL: Finally, how much time will SBA responsibility - indeed. it adds to it. Any one presents certain limited security problems. As officers put into the job this year? who takes a role in the Senate will be expected a result, a couple of incidents have taken place Hi low: Someone will be in our office at least to take an active role in communicating with which convinced a number of people that l.D.· 5 hours a day to answer student questions, the students, to learn the real concerns of the checking would be good for the students in the and our hours will be posted on the door. For students. long run. night students, we will be open from 5-6 p.m. GAVEL: What are you doing about As for the typewriter policy, this too was several nights a week. Placement services? considered to be in the interests of the As for now, our office is always open. The Hilow: For various reasons, the Placement students in the long run. For example, a students here are really lucky to have the Committee did not meet last year. This year, number of typewriter balls were reported heads of student organizations that they have two students - Sharon Ljubi and Allison missing last year. The 5 dollar fee will be used - at BALSA, THE GAVEL. Woman's Caucus, Kerrester - will meet once a month regularly to insure the prudent use of the machines. and Law Review, NLG. Frats. There is the type of with Nancy Goldman: I would like to will be used to provide proper maintenance spirit here that could propel us into a great and encourage all students to take an active role throughout the year. productive year. early on, and not wait until 3rd year. Also, we have been keeping in touch with the Alumni Association, and trying to get them to take a role in finding students jobs. GA VEL: How does SBA look financially: Hilow: Mark Mastrangelo has done a great job with the situation he inherited. The books were in bad shape, there were no records of monies going in and out. SBA is fortunate to have Mark in the position he is in (Treasurer). He spent most of the summer putting the books in order. The long and short of it is, our financial prospects look good. and we should be able to meet the needs of the various organizations. GA VEL: Word has it that SBA has a number of new projects in the offering. Hilow: Things that have been traditionally done in the past - the Follies. the Formal Dance - w ill continue. You 're Getting Younger The Cleveland-Marshall Fund Enrichment Program recently announced its Visitor's Scholar's Program Lecture Program for 1980- 81. The first in the continuing series will be Irving Younger, who will speak on " A Different View of Deregulation." The lecture w ill take place in the Moot Court Room, on Thursday, November 6, at 5:00 p.m. Mr. Younger is a graduate of Harvard Law, and is a professor of Trial Techniques at Cornell. His most recent published work is Materials for the Basic Course in Evidence.

Degraded and Deflowered The Dean recently distributed to the Law Faculty a letter from John Flower. Provost and Vice President for Academic Affairs, which took the Faculty to task for its ra ther dismal record for prompt grading. The letter was. well. rather to the point. In pointing to the delinquency of 40 percent of the Faculty in turning in grades for Spring Quarter. Mr. Flower also noted the " disappointing lack of concern for law students. " the " willful d i sregard of professional obligations" and the " lack of attention to a professional requirement that is absolutely apalling" among some faculty members. Significantly, Mr. Flower stated that these facts will be review ed when " salary improvements" are determined for the next academic year.

Locker Store Held Up Due to a w indfall in available space, S.B.A. announced that there remains locker space available for those who might still desire it. 13108 Bucke)le Road Contact Liz Levitt in LB 28. Cleveland, Ohio 44120 But They Haven't Lost Their Ideals The June graduate cla ss of 1980 has been highly successful in its placement search. Nancy Goldman is pleased to relate. A recent Buckeye South Woodland survey indicates that at least 76 percent of their numbers have been placed thus far, to the average tune of $18.4 70. That's up $1 ,000 Beverage from last yea r. In addition, 17 are Federal Court Clerks. Imported and The Staff of legends THE GAVEL is looking for staff members to Domestic write for the paper. First and second-year students are particularly sought, especially for Beer · Wine · Pop leadership positions in the coming years. No previous writing or photography is required. ' ' Sha ker cart,er. Squa re OPEN SUNDAY campaign STORE HOURS Buckeyl' Sout h Woodlan d Mon., Tues., Wed., Thurs. BUtttons •. 10 am-10:30 pm (I) 0 Shop Late - Miss Crowd r: .. Fri., Sat. 00 :r Buckeye :c 921-460 6 10 am-1 :00 am Sou th Woodland 0., Sun . Bevera 1 e .. 1: 00 pm to 6:00 pm Ill -::s A.