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The Justinian Volume 1975 Article 1 Issue 7 December The Justinian Volume 1975 Article 1 Issue 7 December 1975 The uJ stinian Follow this and additional works at: https://brooklynworks.brooklaw.edu/justinian Recommended Citation (1975) "The usJ tinian," The Justinian: Vol. 1975 : Iss. 7 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1975/iss7/1 This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian "The only security of aU is a tree press. The force of public opinion cannot be resisted, when per­ mitted Creely to be expressed. The agitation it produces must be submitted to. It is necessary to keep the waters pure." lJuntiutnu THOMAS JEFFERSON, 1823 Vol. XXXVI - No. " MONDAY, DECEMBER 1, 1975 Page One -Prolesso.. ;rked &0. BLS; Tntslees ClaGage Bales On September 17, 1975, Profes­ it to the attention of Judge Ed­ sor William Shakespeare Herr­ ward Thompson, the Administra­ mann was fired from Brooklyn tive Judge of the Civil Court of Law School. The Justinian will N.Y.C. who is also a member of a ttempt to summarize the high­ the Board of Trustees at BLS. lights of a long period of conflict During the Herrmann hearings, between Prof. Herrmann and Judge Thompson testified that he other members of the BLS com­ "asked him [Judge Kleiger] to munity. send a file over to take a look at In a two-part story we will re­ the complaint for $10,000 and port the events leading up to the then I sent for both parties, be­ summer hearings at which the cause I was interested in it, not faculty finally voted in favor of having the name of the school de­ dismissing Prof. Hen"Inann, and famed." will recapitulate the events of the A meeting was set for October hearing itself. 4, 1973. On the day of the meet­ ing, Prof. Herrmann called Judge controversial Professor Thompson to say he did not feel Prof. Herrmann does not view up to the meeting. The conference himself as being overly popular was held without Prof. Herrmann with the faculty of BLS. In an in­ or his counsel. Present at the meet­ terview with the Justinian he ex­ ing was Judge Thompson, Judge plained that, in his opinion, many Kleiger, Prof. Crea and his coun­ .fellow teachers were envious of sel, Jesse Falzone. what he refers to as his substan­ At the meeting, according to tial material wealth. He drives a Prof. Crea's testimony at the sum­ Cadillac with DPL license plates mer hearings, Judge Thompson from the state of Connecticut and presented a so-called "Freedom of holds public office in that state. speech" proposal. What the pro­ Prof. Herrmann is known posal was isn't clear but Prof. around BLS for t he sarcastic com- Crea testified at the hearings, "I ..h.e..Jleared tl)Wlird other fac­ took i with me, :wd 1 looked It .Prof. JoseJili.,; Crea ulty members. He allegedly over, and- I was suppose to sign "knocks" some of his colleagues that I'd keep my mouth shut, in in public and makes jokes at their cial meeting of the Board of Trus­ essence. I refused to sign it. I tees to authorize the employ­ expense. made a counterproposal." ment of counsel for Mr. Jaystein. Salary Dbpute Prof. Crea testified that those The memo relates that Mr, Schu­ On February 5, 1973, a chapter present, including Judge Kleiger, maeker agreed and later relayed of the American Association of discussed the proposals but the Prota.or WUliam ShateQeare HerrmaDD the conversation to Dean Lisle. University Professors (AAUP) was meeting ended because Prof. Herr­ On the same day, April 29, Dean formed at BLS. One of their first fered great pain and mental an­ letter also detailed other remarks mann wasn't present. Lisle relates that Judge Thomp­ acts was to submit a salary pro­ guish to his damage il;l the sum allegedly made by Prot Herr­ Student Subpoenaed son called him on another matter posal to Dean Lisle. of $10,000." Prof. Hernnann al­ mann, including the substance of On April 22, 1974, Prot. Herr­ and that he told Judge Thomps~n Under their proposal, there was leged, in the complaint, that Prof. Prof. Crea's counterclaim. mann's attorney subpoenaed Mark of Jaystein's problem. According a formula for fixing salary in­ Crea, "maliciously" uttered the Jaystein's letter to the Dean Jaystein who was now a third year to Dean Lisle, Judge Thompson creases. A minimum salary rate !amatory words: "You bought your states that Prof. Herrmann "de­ student at BLS, to testify at an told him that if it was ultimately at each level · of professorship public office. I cannot afford to clared that he would organize examination before trial in the necessary he could arrange for an (i.e. assistant prof., full prof., etc.) buy public office like you can. what I (Jaystein) recall to be the Herrmann v. Crea lawsuit, in re­ attorney to appear with Jaystein was stipulated. You bought your public office and 'Nitpicker's Society of America' gard to Prof. Crea's counterclaim. for the E T. As a full professor, Prof. Herr­ you bought it with other people's and that I would be suggested Seven days later, Mr. Jaystein ap­ The memo goes on to state that mann would then have been en­ money." for membership together with the proached Michael Schumaecker, on May 1, 1974, Dean Lisle called titled to a large raise to meet the Prof. Crea counterclaimed for other 'fools' wh,ose offices are on an attorney with Winthrop, Stim­ Judge Thompson and the Judge minimum level. Prof. Trager tes­ $100,000 plus $1'00,000 punitive the eighth and ninth fioors of the son, Putnam and Roberts, and a told him that Mr. Boyer, the Chief tified at the summer hearings that damages, saying that Prof. Herr­ BLS building." member of the Board of Trustees. Assistant to the Administrative Dean Lisle was opposed to giv­ mann slandered him. According Mr. Jaystein, it appears, was Judge of the Civil Court would ac­ ing Prof. Herrmann such an in­ to his counterclaim, Prof. Herr­ Attempted Settlement worried about the upcoming EBT company Mr. Jaystein when he crease. He said Dean Lisle refused mann made an allegedly defama­ The case of Herrmann v. Crea and, according to a memo writ­ testified in the Civil Court pro­ to approve the faculty's proposal tory statement which referred to came before Judge Bernard Klei­ ten by Dean Lyle, asked Mr. ceedings. for this reason. Prof. Trager tes­ "the other fools whose offices are ger in the Civil Court. He brought Schumaecker to arrange a spe- On May 6, 1974, IJaystein did tified that he and Prof. Crea, on the eighth and ninth floors of testify. He was not represented who were representing the facul­ the Brooklyn Law School build­ by counsel. The following Decem­ ty in the salary negotiations, came ing." Prof. Crea also alleged, in ber, Herrmann wrote a letter to up with a compromise proposal. his complaint, that Prof. Herr­ the Character Committee for the This proposal would allow a max­ mann defamed him by saying to Second Department claiming that imum increase of $3,000 whether a group of students: "You are Mr. Jaystein had lied under oath Or not that amount brou.ght an in­ being taught by 'Court Street during the EBT. As a result Jay­ dividual to the minimum of his lawyers." stein's admission to the Bar was salary level. This would have cut The first allegedly defamatorY held up for a period of time. He Prof. Herrmann's increase con­ statements to which Prof. Crea has since been admitted. siderably. refers in his counterclaim were Herrmann v. Lisle et at. On March 30, the faculty met attributed to Prof. Herrmann in to discuss this proposal. Prof. The new year of 1975 greeted a letter written by a student who members of BLS's faculty with Herrmann voiced strong objections we will refer to as Mark Jaystein another lawsuit by Prof. Herr­ in the belief that he was being (It is not his real name). Mr. denied what was rightfully his. mann. This one was filed in the Jaystein was in his second year Eastern District of N .Y . on Jan­ It was during this exchange that at BLS when he wrote a lettel' uary 28 naming Dean Lisle, Prof. Prof. Crea allegedly uttered the to Dean Lisle following an en­ Crea, Prof. Yonge, and Prof. Tra­ statements that are he basis of counter with Prof. Herrmann. Mr. ger. Herrmann, in his complaint, Prof. Herrmann's action against Jaystein at that time was in contended among other things that him in Civil Court. Prof. Herrmann's Creditor's Rights the defendants "and others, con­ Herrmann v. Crea class. He claimed that one day he spired ... to deprive plaintiff of On April 2, 197~, Prof. Herr­ asked a question in class that Prof. his proper emolument as a profes­ mann filed a complaint against Herrmann apparently did not like sor of law and to deprive plaintiff Prof. Crea in Kings County Civil because, Jaystein alleged, he made of rights arising from his seniority Court alleging that he "has suf- degrading marks to him. The Prof. Henry Hober - The Prosecutor (Contina.eel on Page 4) Published by BrooklynWorks, 1975 1 The Justinian, Vol. 1975 [1975], Iss. 7, Art. 1 Page Two JUSTINIAN Monday, Deeember 1. 1975 aJuBiiniutt The Warlock Shop published under the auspices of the Student Bar Association By Lillian Gewirtz BROOKLYN LAW SCHOOL 250 Joralemon Street, Brooklyn, N.Y, 11201 ~ Bothered, it being Bloom's birth­ Telephone: (212) 625-2200 Ext.
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