The Justinian Volume 1975 Article 1 Issue 7 December

1975 The uJ stinian

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Recommended Citation (1975) "The usJ tinian," The Justinian: Vol. 1975 : Iss. 7 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1975/iss7/1

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"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. 50 day and my bounty having pre­ viously been besieged by big broth­ Editor-in-Chief ...... : ...... Kim Steven Juhase er, I sought baubles or busy beads to, if not beautify, at least pacify Ma~ing Editor ...... my buddy. Photography Editor ...... In my driven state I ransacked Staff: Susan Alexander, Victor Davich, Joyce David, Randall S. Fer­ A&S' basement displays and was guson, Diane Fernandez, Lillian Gewirtz, Dick Grayson, Steve Hart­ asked by the management to re­ man, Robert Heinemann, Anne Hunter, Elyse Lehman, Joel Mitofsky, move their chains from my over- "" Howard Peltz, John Rashak, David C. Sprafkin, Ed Steen, David enthusiastic person. Alienated and Stein, Joseph Supp, Manuel Taitz, Debra Wolin. ~ J45 red-necked, I plodded along until I recalled the haven for those who stir in a di:fferen~ cauldron. There it was, between the Mas· ter Charge and Inter-bank Card Clean Lounge placards, the sign at 300 Henry Street reading "The Warlock Now that the student lounge has received most of its Shop." As per usual, I window­ furnishings, this is an appropl'iate time to reflect on what watched to acquire a sensory rela­ the lounge is, and what it should be used for. tionship with the premises, my nose pressed hard against the The lounge is the one area in the building where students glass. I was confronted by a taran­ can talk, read, sleep, study, listen to music, play cards - in tula, symbol of good fortune for Photo by Ed Steen short, it's the place at BLS whel'e students can be themselves. believers in witchcraft. Remem­ "Can I have a spell to make everything go my way?" We must bear in mind that our ljving room is not ours alone. bering how my friend paled at It belongs to the unadmitted class of 1979, as well as to the even hearing Miss Muffet's tale, ing ~he ir bOdie.s with lar'd and bel­ swum through twenty-one years of class of 1999. Whether or not the lounge, and its thousands of I went right into the shop. lachite, and mhaling Wolf-bane. ambitions drowning in those seven In fact, their nasty habit of whisk­ dollars wOl·th of good looking and comfortable furniture will The store's 'mystical atmosphere syllables; r lost my propensity for ing by windows on brooms is drew this Odysseus into its dripping dry Chinese-style and last long is a decision that rests solely in the hands of the stu­ merely a take-off of their ancient clutches, and I suddenly perceived was resigned to leaving the divin­ dents: tradition of dancing with riding my future reflected back at me ing to ... poles in a field to show plants It has never been proved beyond a l'easonable doubt that from the womb of an $80-crystal Wica philosophizes that one how to grow. cleanliness is next to godliness, and of course it's harder being ball. I could predict, then and must live with perfect love and a Felix Unger than an Oscar Madison. But a little effort to there, that I wasn't going to pur­ After our talk I realized the trust; harm none and do what one clean up your own crumbs, or cigarette butts, or newspapers, chase it anytime hence. subconscious dri~e which had will, whatever one does returns to steered me into the shop. The will go a long way to developing consideration that is due, or My disappointment at not own­ him three times over; and man is fervent desire to acquire the power should be due, to fellow student. ing the sphere was mWgated when reincarnated until he reaches per­ to radically alter my existence I learned that colored candles fection on this plane. I am ac­ compelled my making further un­ serve a purpose aside from trans­ quainted with one or two men who heSitating inqUiries, "Can I have forming meatballs and spaghetti believe that this last event would a spell to make everything go my be superfluous for them. into filet mignon. Combined with way?" positive thinking, lighting green Robbed of IT,y paranoid and "It's not as simple as that ..." November 19, 1975 For the above reasons we re­ candles adds weight to your money romantic notions, I finally settled I stopped listening to the warlock Dear Editor-in-Chief: spectfully request that our names belt and kindling red ones im­ on a pointy black hat to satanisfy behind the counter after those six Upon reading the latest revi­ as editors be removed from the proves your amorous endeavor. Bloom's expectations, and as a words\ stifled every supernaturl\l sion of the Herrmann article we issue or issues containing the lingering reminder of the good 01 , The establishment's rear harb· impulse I'd ever had. H aving are of the opinion that while the Herrmann story. ored hooded robes and among days when witches were wicked. motivations for writing same re-. Respectfully, them glittered a gold gown, span­ fleet the greatest integrity, the gled in red and silver stars, pur­ article is in fact too one-sided. As Matthew J. Trachtenberg ported to have belonged to an ele­ we have not been allowed to ex­ Marcia ~. Knigin phant trainer in Barnum and Bai­ LaW" RevieW"s press revisions which we feel ley's. I bypassed it, yet determined would make the article a fair one, (Ed. note: Mr. Trachtenberg is to find an unconventional obla­ Managing Editor and Miss Knigin we feel we cannot, as editors, en­ tion for the birthday god. dorse this article. is Photography Editor of the Jus­ tinian). Native curiosity prompted que­ We are of the opinion that this ries about the human and cow article has been written in great P.S.-We, of c~urse, will make skulls on display. "They're for the haste to the detriment of its abil­ ourselves available for any tech­ tourists." Yes, I could certainly ity to treat this matter in an even­ nical or production help you may comprehend why a wide-eyed New handed way. need. Jerseyite would find these crania fragments of genuine newyorkana. Questions about the shop's origins rendered information that it is the Be wore! only one of its kind on the east coast which has met with success. Herman Slater, the store's owner, was originally a Manpower execu­ tive who, in 1969, was stricken with an illness which doctors said would leave him unable to walk. While hospitalized, he read exten­ sively on witchcraft, adopting the positive thinking advocated by the religion and, after his almost com­ Cmnpoglte by Marcia Knlgin and Howle Peltz plete recovery, opened the store. Internation Law Review Editors - Rear: Dean Lisle; Bill Austin Today Mr. Slater is High Priest and Jim Maslow, Articles Editor; Ellen Schulman, Editor-in-Chief; in four witchcraft traditions and Henry Jasny, Notes Editor; Bob NOvick, Case Comment Editor; has received notice as the "Chief Norm Gersman. Front: Noah Hanft, Executive Editor; usan Alex­ Witch of Brooklyn" by the N.Y. ander, Managing Editor. Post. He explained that the reli­ gion, having originated in Nean­ So as to end any rumors re­ derthal times, involves an ecol­ Malamy, Audrey Peltz, Dale garding who made what, the ogical celebration of life. Wica, or Ross, Bonnie Siegal, J Miriam Justinian, as a . public service, "Craft of the Wise," followers Siroky, Doug Stahl, Bonnie Stein, lists those students who have worship the female mysteries of and Jayne Russell. "made it". fertility. The witches' "powers" Also, Robert Stephenson, Jane are derived through the ecstatic Law Review - Special congra­ Stevens, Joyce Swerdlin, Dorothy experience which occurs at the tulations should go to those stu­ Symons, Peter Weinstein, Rachel Photo by Marcia KnIgIn bacchanals they have after their dents who were accepted to the Won sever, and Judy Zerden. law review this semester. For the Man on right is Barry Mansfield, Vice President of Executive Planning Sabbaths, the eight animal hus­ Internati

https://brooklynworks.brooklaw.edu/justinian/vol1975/iss7/1 2 et al.: The Justinian

Monday, Dooember 1, 1975 JUSTIXIAN ~age Three Tile .Lounge Story

By Dick Grayson carpet." But a shampoo date isn't decorating job will be "crying "If the students like it, then set as of yet. over spilled milk," as Tivoli it's OK with me." That's how In July of this year, PJM Design, phrased it, and that students Dean Raymond Lisle feels about Inc., made an assignment for cred­ should now get· involved in main­ the refurbished student lounge. itors, which is a fo'rm of bank­ taining the lounge. In . addition, But before the lounge teached the ruptcy. This financial move raised Tivoli says he "knows" that the state of visual and hedonistic de­ the final cost of the lounge by at SBA got at least its $2,000 worth light it no"", is, Dean Lisle ' re­ least $1,000 and resulted in the of furniture. portedly tried to torpedo the ef­ school not receiving a number of Although Prof. Leitner abhors fort. items-such as plants and room the sloppiness that is sometimes According to John DiBella, SBA dividers-for which it had already manifested in the lounge, he im­ president in 1974·75, sometime in paid. The end result of this was plies that human nature is human early 1974 the SBA decided ~o that- BLS had to pay the extra nature by pointing O'\.It that the improve the lounge, which was not money to get the furniture, that faculty lounge doesn't have carpet as comfortable and inviting as it was already paid for, out of a because "professors can be just as could have been. The SBA worked warehouse. . sloppy as students." out a decorating proposal for the While Dean Gilbride acknowl­ Prof. Leitner has issued a call renovation but Dean Lisle didn't edges that the situation was un­ to students to take good care of want to submit it to the Board of fortunate, he emphasizes the posi­ the lounge. He stated: "The fur­ Trustees because he felt it would tive aspects. "We [BLS administra­ niture is the best that money can Photo by Marcia KnJgln pose a financial strain on BLS. tion] tho~ght the most important buy. It's either wasted or well Brooklyn Bar Association volunteer referring client to an attorney. However, the SBA, after an in­ thing was to salvage what we spent, depending on how students I vestigation, discovered that the re­ could and we got what we thought USe it. This is the school's living furbishing would not pose a fi­ was a pretty good deal for the nancial problem to the school. So school." room and students must get a sense of possession about the Lawyer R'eferral the proposal was submitted to the Dean Gilbride, Prof. Leitner and Board in the autumn of 1974 and SBA President Alan Tivoli all lounge. The future of the lounge By Dick Grayson the trustees appropriated $23,000 feel that any undue emphasis on is up to the students. If you treat Many people nowadays are the attorney's tee if he decides to on the condition that the SBA add the unfortunate aspects of the it like a gym, it'll be a gym." faced with the problem of finding take the case. another $2,000. a lawyer they can afford. The The purpose of the 30 minute A committee was formed that Brooklyn Bar Association has a meeting is to determine it the included three students and Dean lawyer referral panel designed to client has a caie, and if so, what . Gerard Gilbride and Professor deal with this problem. advice the lawyer has to offer. If Jerome Leitner. According to Prof. BLS Football According to Mr. Solon Hanft the attorney decides to handle the Leitner, "the committee was to chairman of the B.B.A.'s Commit· case, they agree on a fee. If the make aesthetic choices." DiBella, tee on Referral Plan, the panel lawyer doesn't want to take the also a member of that committee, was modeled after similar plans case, he refers the client back to recalls that the committee had a in other cities. "The need to help the B.B.A. But Hanft emphasizes, larger role in the matter of the people obtain legal assistance is an "If a client has a case, the lawyer lounge. "The Alumni Association ongOing one and the B.B.A., real· should handle it." If the client helped the SBA with the plans and izing thi~, set up our referral panel and attorney can't agree on a fee, Miriam Kamen, treasurer of the more than 20 years ago." the client can return to the refer­ alumni, and a former interior dec­ A Brooklyn resident in need of ral panel and ask for a lower orator, made a proposal regarding assistance can take advantage of priced lawyer. If a client is dis­ the furnishing. She said that she this service by visiting the B.B.A.'s satisfied with the treatment he reo would do the interior decorating offi es at 123 Remsen St., or phon- ceives during the 30 minute con­ to save money." 1l1g MA 4-0675. Lawyers are avail· ference, he can complain in a let­ Cecily Selby, a member of the able from 10:30 a.m. to 12 :30 p.m. ter to the B .B.A. Committee on Board of Trustees, and at that and again from i :30 to 3: 30 p.rr,. Referral Plan. The committee will time, national executive director The lawyer determines the na· meet to determine what action of the Girl Scouts of the USA, ture of the client's problem, and should be taken. recommended PJM Design, Inc. of then refers to a list of approxi· The lawyers who handle the Hicksville, L.l., a firm that had mately 250 members of the B.B.A., desk work at the B.B.A. on Rem­ done interior decorating for the indexed by speCialties, trying to sen St. are volunteers, but those Girl Scouts. Dean Gilbride says coordinate the problem with a spe­ who wish to be included in the this recommendations was discuss- ' cialist in that area. A phone call referral listings must pay $25.00 a ad with the committee and no is then made to one of the lawyers year for each of up to two cate­ member objected to signing a con­ Photo by Marcia Knlgin on the list and a meeting arranged gories. tract with PJM Design, Inc. But BLS stUdents build up sweat - "school can use a shower." for the cUent with that atlorney. The number of clients using this DiBella, now a practicing lawyer assistance program has grown over in Manhattan, says he was "quite The B.B.A. does not charge these By Howard Peltz clients, but they are required' to the years and now, according to upset" that the school had to pay a fee for the interior decorator. sign a statemznt that they have Hanft, "cases are referred to us It is very easy to complain Dick Grayson of the "DB ' s~' thinks not consulted another lawyer on by Legal Aid and by Community The decision not to use Kamen is about the lack of facilities at BLS half his team will be signed by Legal Services. On the average, laid, by DiBella, on the trustees' this problem, that t-hey will pay but quite another thing to do the Jets. John Rashak loves the we handle more than 20 cases doorstep. league but feels "the school can $10.00 for a 30 minute consulta· something about it. Ken Nagin tion with the specialized attorney, daily, and on some days, 40 clients Dean Gilbride concurs and states use a shower." and Bruce Leder are two students and that they will arrange to pay use our services." that there was no pressure on the Though it's all for fun; the committee to agree on the choice with the imagination and initia­ league is often taken very serious­ of interior decorator and that "this tive to expand the BLS campus ly. Last year's Super Bowl champs job was let to him [PJM Design, far beyond Joralemon Street. Last the 'Entrails," led by Dave "Mad Inc.] because he was highly rec­ year Bruce and Kenny organized Dog" Kintzer, surprised everyone Clinic P oblems ommended and was competent. He popular football and co-ed soft­ by avoiding the college draft and The "lawyering" process' can entire "law-firm" operation is submitted a professional plan and ball leagues and this year they're directly signing top first year and should be taught. Just as med- conducted under the school's it was agreed to by us [the com­ back with a bigger and better prospect Tom Dollinger. An in­ ical students are required to train auspices. Students deal with non­ mittee]." football league. censed Brian Davis of the Gaelics in a supervised program dealing hypothetical problems with the The interior decorator promised, The league started with 11 threatens a full league investiga­ according to DiBella, that the fur­ teams, including an official alum­ with real patients before they are advantage of having immediate, tion and injunction. (Did Davis niture would be delivered by ni team. (The alumni team has substantial supervisory feedback. forget that last year the Gaelics licensed, law students need train­ April or May, at the latest. But since dropped ' out of the league, questionably signed Notre Dame ing in the realities of legal prac­ Some of the general questions DiBella was irritated that, when presumably due to old age or un­ star Bill Kelly with a year of col­ tice. raised, regarding the clinical pro­ June and the graduation for the expected employment.) Teams lege eligibility left?) The "Larries" On Wednesday, November 13, gram at Brooklyn were these: (1) student members of the commit­ check out footballs in the SBA pulled a coup of their own by tee rolled around, the lounge was office and arrange their own game about 80 Brooklyn Law School In the future, will there be enough signing veteran quarterback Joel still bare of the new furniture. times. Standings are kept and Weisblatt to throw to sure handed students met at a Forum on Clin!... places for all the students who Prof. Leitner, who is knowledge­ playoffs will be held at William receivers Mike "Spider" Levine wish to participate in clinical pro­ ical Education which was organ­ able about the field, notes that Rehnquist Memorial Field. and Joe "Moose" MCjceda. It was ized by a committee of the Na­ grams? (2) What are the criteria late delivery is standard in the The main value of the league not easy though; Weisblatt brought tional Lawyers Guild. To begin for sel~ction? (3) Can the student­ decorating trade. is that it s rves as an escape from his labor law professor to the con­ the program, current participants supervisor ratio be improved? (4) The carpet arrived in the spring the daily pressures of classes, tract negotiations. and Prof. Leitner is still angered studying and cafeteria gossip. In in the school's clinics talked about Are the students in all clinical Commissioners N agin and Leder by the fact that three days after the daily law school rut the only will definitely organize co-ed soft­ their individual experiences. placements given ample opportu­ it was laid, a leaky coffee pot at opportunity students get to build ball in the spring and hope to get nity to participate, or do some Professor John Hyman, who has a student reception caused coffee up a sweat is when they're called SBA funding for intramural bas­ been associated with clinical pro­ only observe. to stain the carpet. He notes, on in class. It's a great feeling to ketball. "Sports provide a great grams at Northwestern University The Guild committee will con­ though, that shampooing will put switch from torts to sports out on opportunity for students to get to and is currently at Rutgers Uni­ tinue to meet weekly to discuss the carpet in better shape. Robert the gridiron, where penalties I e know each other outside the class­ Hudson, Superintendent of Build­ only assessed in yards, and re­ versity, Newark, spoke about the these issues and try to develop room," Nagin feels, and both ing and Grounds, agreed and feree's decisions can never be ap­ Bruce and Kenny look forward to in-house clinic concept. An in- solutions. All interested persons said "After the shampOOing, we'll, pealed. Reaction from first year wide participation in the up and house clinic is one in which the were urged to attend the meetings. know the real quality of the students has been very postive. and cOming events. Published by BrooklynWorks, 1975 3 The Justinian, Vol. 1975 [1975], Iss. 7, Art. 1

Page Four JUSTINIAN Honday, December 1. 1975

1. The good faith of Prof. Herr­ mann's lawsuit against Lisle, Tra­ Herrmann Fired ger, Yonge and Crea. 2, The circumstances of Herr­ (Continued from Page 1) actions ,shall be taken. -Members mann obtaining the confidential on the faculty of the school and of the Faculty Hearing Commit­ memo of Prof. Holzer and the ultimately to deprive plaintiff of tee last year were Professors Hol­ Board subcommittee's petition. his employment at the school and zer (chairman) , De Meo, Habl, 3. Whether Prof. Herrmann had to injure the plaintiff's earning Leitner, Meehan, Nightingale and refused to cooperate with a duly capacity as an attorney at law Ronayne, constitute faculty committee. and a public servant." \ On March 25, 1975, the com­ 4. Whether Prof. Herrmann's mittee decided not to take any The Ma.chinery Starts letter to the character committee further action on the petition. was written in good faith "in ful­ Brooklyn Law School Regula­ Prof. Hoizer, when he received tions on Appointment, Reappoint- , fillment of his obligations to that the petition of the Board's sub­ committee or whether it was writ­ ment, Tenure, Promotion, Leave, committee requiring that all mat­ ten for a wrongful purpose. Suspension and Dismissal author­ ters dealing with the Faculty 5. Any and all conduct of Prof. ize the dean to make informal dis­ Matthew J. Tra.chtenberg Hearing Committee be kept con­ Herrmann which, in the opinion position of any matter "question­ fidental, told the other members of the faculty, reflects upon his Ingmar Bergman's latest film, ing the propriety of retaining any opera singers who not only ex­ of the committee, in a memo, to fitness to remain a member of "The Magic Flute," is an absolute­ faculty member on the grounds press the drama but show the keep the whole matter secret, the BLS faculty. ly delightful film presentation of that he or she is unfit or lacks physical stresses of the singing. Prof. Herrmann, however, ac­ Mozart's comic fairy tale opera. the capacity to carry on his or her When the Queen of the Night quired a copy of Prof, Holzer's The Ground Rulea Bergman has created a film of duties." In the event such in­ sings her vengeance aria We do memorandum calling the Faculty At a special meeting of the fac­ rare beauty which at once com­ formal disposition cannot be made, not see billowing smoke or light­ Committee meeting and the peti­ ulty on June 5, 1975 the ground bines a sense of seeing a perform­ the dean may formally petition the ning and thunder, but instead we tion of the Subcommittee of the rules of the faculty hearings were ance in a rural festival house with Faculty Hearing Committee to see the enraged fury of one seek­ Board of Trustees. These docu­ established. Prof. Gershenson was the expansive visual potenti'alities decide whether commencement of ing to impose her will. The ven­ ments were made pal't of Prof. elected hearing officer and Prot. of the film medium. We are, from proceedings is warranted. geance aria reflected the anger Herrmann's district court case and Holzer was selected counsel to the time to time, reminded of our Since Dean Lisle was a party faculty, to act as prosecutor. Pur­ as well as its difficult tessitura therefore became public knowl­ presence in the theater by shots (there are a number of high F's defendant to Prof. Herrmann's suant to BLS regulations the fac­ edge before the March 25 meeting. of the wings, falling backdrops, here). action, the Board of Trustees took At a faculty meeting on April ulty agreed that the hearing was the audience and the proscenium Musically the perform­ jurisdiction of the question. 18 Prof. Crea brought up this to be held in private unless Prof. speakin~ arch. We are also made aware of ances were of a, high order with They established a subcommittee fa~t, contending that there was a Herrmann requested a public hear­ the fact that opera is stagecraft both singers and orchestra exhi­ soon after the second lawsuit, "to breach of confidentiality. On a ing. They also agreed that any and that this film is an attempt biting a clarity and attention to call upon Prof. Herrmann . . . to motion by Prof. Schenk, the fac­ challenges to any faculty member to highlight the magic of a live detail often missing from live per­ offer substantial support for the ulty present voted 16 to 0 to estab­ sitting at the hearing, because of performance. At one moment you formances. The conducting of Eric allegations made in his complaint" lish a committee to investigate the bias or prejudice, must be made are part of the audience watching Ericson was a bit brisk for this [in Herrmann v. Lisle et a1.] Their alleged breach of confidentiality at least one week before the hear­ the performance while at another reviewer's taste but that could resolution explained that "if these of the Faculty Hearing Commit­ ing is scheduled to commerce. The you are intimately involved in an have been' Bergman's influence in allegations were true they raise tee. Professors Hoffman, Farrell, faculty also voted not to have "opening up" of the action. Berg­ . insisting upon a more bouyant serious question as to whether the and Berger were elected to this any quorum requirements and it man does this so cleverly that you overview. defendants are fit to serve as committee, was decided that the civil rules don't even realize that it is hap­ members of the administration of evidence would be followed "in· This is a most successful fUrn The Fa.culty Takes Action pening at times. and/or faculty of Brooklyn Law sofar as practicable." version of an opera which succeeds Bergman most effectively fo­ School and, if there is no basis for On April 17 and again on April A question arose at the facuity in conveying all of the joys of this cuses our attention on the char­ such claims they indicate that 23 the committee wrote to Prof. meeting as to what should be the delightful comic masterpiece. It is acters with numerous close-ups Prof. Herrmann had brought in Herrmann requesting that he re­ burden of proof. The minutes of a film which will surely delight that reveal facial expressions often bad faith and with reckless dis­ veal who had given him the con­ the faculty meetings relates that the non-opera loving public as lost in the opera house to those regard of the rights, interests and fidential document. Herrmann "Professor Hoizer stated that, well as the devotees. It is a great further back than the tenth row. reputation of the school, its stu­ failed to respond. Herrmann con­ while any hearing should be con­ family film and offers a wonder­ These close-ups are made more de~t body, its alumni and the de­ tends that his lawyer responded, ducted with a view towards fun­ ful way of exposing older child en effective by Bergman's use of fendants, a vexatious and scan­ in that he told defendants he damental fairness and efficiency, to opera for the first time. dalous lawsuit seeking collateral would not comply with the con­ it was his view that such a hear­ ends, namely, to stifle the free ex­ fidentiality committee's request. ing was not an administrative pression of faculty opinion and At the May 14th faculty meet­ proceeding, and he would fo; this Herrmann was also charged with ing to be held the following month sound functioning of the admin­ ing a resolution was adopted re­ reason oppqse formalizing the bur­ examining Dean Lisle and Mr and money damages in the amount istration in order to achieve per­ questing the Board of Trustees den of proof. 'The amount of evi­ Jaystein in connection with Herr~ of one million dollars. Prof Herr­ sonal financial gain by unwarrant­ subcommittee to take an appeal dence . . . should be," he stated, mann v. crea. and using such in­ mann's complaint, in essence, ed increases in compensation ..." of the f'aculty Hearing Com~ "a matter of the individual fac­ formation obtained in Herrmann stated that BLS did not follow its The subcommittee· members mittee's decisiop not to proceed ulty member's conscience and v. Liale, et a.1. and in his letter to own regulations concerning pro­ were Paul Windels Jr., chairman, against Herrmann. The Faculty judgment." Four professors ex­ the Character Committee about ceedures by which t,o bring Wilbur A. Levin and Michael P. resolution also requested that the pressed agreement with Prof. Hol­ Mr. Jaystein; charges and violated Prof. Herr­ Schumaecker. The subcommittee Board's petition be amended to zer and there was then no further c) That Prof. Herrmann threat­ man's rights under both the U.S. gave the parties to the action a include Prof. Herrmann's "con­ discussion of that issue. ened Prof. Yonge with unspecified and N.Y. Constitutions. chance to give their views and tumacious refusal to reply to a Toward the end of the meeting, harm; On that day Justice Schwartz- , on March 13, 1975 petitioned the duly constituted faculty commit- Prof. Schwartz suggested that a d) That Prof. Herrmann made wald issued a temporary restrain- a false and misleading audit re­ Faculty Hearing Committee to ; tee," and Prof. Herrmann's letter possible solution would be to refer in t order. On July 21, summons decide whether formal proceedings to the Committee on Character the entir"e matter to the American port on Prof. Schenk's class; was served on Dean Lisle with against Prof. Herrmann were and Fitness concerning Jaystein. Arbitration Association. The sug­ e) That Prof. Hermann twice the complaint. warranted. Under the BLS regulations such gestion was not put to a vote. knowingly responded falsely to of­ Then on .July 30, motions for The Committee, according to appeal may be made by the Dean ficial requests for information con­ preliminary injunction were de­ for failure of the Hearing Com­ The PreJ.imina.ries cerning the extent of his outside the regulations, is composed of Formal charges against Prof. nied by Justice Charles Becki­ seven tenured faculty members. mittee to recommend official pro­ legal practice, asked in connection nella. Herrmann were drawn up by with A.A.L.S. membe ship; The Committee's function is to re­ ceedings. Under such appeal, the . On August 8, Richard H. Wels, Prof. Holzer and served on July f) That while testifying before view petitions referred to them Board may direct the Hearing Prof. Herrmann's attorney, re­ 10. They were in essence: the Character Committee in refer­ and determine whether formal pro­ Committee to act. quested adjournment of the hear­ 1. That Herrmann v. Lisle et a1. ence to Mr. Jaystein, Prof. Herr­ ceedings against a faculty mem­ The Board met on May 19, and ing, stating that he had a prior was brought in bjid faith. mann "falsely" denied' allegations ber is warranted. The Faculty resolved "that the faculty of BLS commitment to attend the ABA 2. That the federal action was that Mr . .Jaystein had made in his Hearing Committee is then to hold is requested to conduct a hearing" annual convention in Montreal used to spread on the public re­ letter of complaint to Dean Lisle; the hearing and determine what on the following matters: and wanted more time to prepare cord confidential memoranda. g) That Prof. Herrmann had his case. The ABA convention 3. That Prof. Herrmann refused substantially failed to perform cer­ ended on August 14th, The hear­ to cooperate with a duly consti­ tain duties, to wit: ing was scheduled to begin on tuted faculty committee charged 1) Prof. Herrmann during class­ August 18th. with investigating breach of con­ es intimidated students, On one fidentiality of the Faculty Hear­ occasion outside of class, "he made Prof. Gershenson as hearing of­ ing Committee. it apparent to [a] student in a ficer denied Mr. Wels' request be­ 4 . That the letter written by menacing manner that he was cause Prof. Herrmann had notice Prof. Herrmann to the Character then armed with a pistol. of the date of the hearing on lAe 'Docltet June 16. He stated that the faculty I ICommittee concerning .Jaystein 2) He shortened the hours of had arranged their summer sched­ CONTEST - The New York "Energy Alternatives and the was not written in good faith. certain of his classes, ules to allow them to attend the Workmen's Compensation Bar As­ Law." The winner from BLS will 5. That Prof. Herrmann has 3) He publically made fun of hearing. Prof. Gershenson said sociation is offering a $500 award receive $100 and have a chance to substantially failed to , discharge members of the faculty and ad­ it was specifically scheduled be­ for the best treatises in the field be one of three national winners important obligations owed by him ministra tion. fore the \ fall semester because of Workmen's Compensation by who will receive $500 and a free to BLS and the faculty thereof, 4) He has substantially abdicat­ once the semester begins "simul­ a member of the Senior Class, En­ trip 0 Atlanta, Georgia. Entries to wit: ed administrative duties to which taneous attendance by the entire tries should be postmarked no must be submitted by April 15, a) That prior to filing the com­ he has been assigned.. faculty for extended peri()(ls is later than May 15, 1976 and sub­ 1976. A copy of the rules can be plaint against. Mr. Jaystein, Prof. August 18 was set the date of wholly impracticable due to com­ mitted to Jerome B. Lee, 401 obtained from Ms. Barbara Stein, Herrmann had caused to be made, ' the hearing. plex scheduling of classes an Broadway, New York, New York National Coordinator, Environ­ and/or acquiesced in making On July 18, Herrmann filed suit other faculty obligations." 10013. mental Law Essay Contest. Asso­ various threats against Mr. Jay­ against BLS, and against Dean ANOTHER CONTEST - The ciation of Trial Lawyers of Amer­ stein; Lisle, Professors Gershenson and The hearings were held from Association of Trial Lawyers of ica. 20 Garden Street, Cambridge b) That Prof. Herrmann brought Holzer individually, in Kings August 18 hrough August 21 America is running its Sixth An­ Mass. 02138 . A copy of the rules his lawsuit against Prof. Crea to County Supreme Court. By this without Prof. Herrmann or his nual Environmental Law Essay will be posted in the Justinian silence Prof. Crea and to force a action Herrmann sought a per­ attorney being present, Contest. The theme this year is office, room 304. salary increase from BLS. Prof. manent injunction of the hear- (To be continlled) https://brooklynworks.brooklaw.edu/justinian/vol1975/iss7/1 4