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Res Gestae Law School History and Publications

1981 Vol. 30, No. 7, October 28, 1981 University of Michigan Law School

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Vol. 30, 1\o. 7 The Untvcrsily of Michigan Law School Wednesday, Oclober 28, 1981

A Proud Dignitaries Father Arrive For Dedication by Cub Schwartz After seven years of planning, three and a half years of construction and two weeks of intensive spit-and-shine cleaning, the new addition to the Law Library is ready for dedication this weekend. Between four and five bun· dred alumni, .faculty and friends of the law school, including retired Supreme Court Justice Potter Stewart, are ex· pected to attend the dedication ceremony which will be held at 2:00 p.m . Saturday in Rackham Audi· tori urn. The dedication ceremony will cap a series of lectures and symposia that run Friday and Saturday mornings on the subject " The Legalization of American Society.'' Because of the special program, Friday and Saturday classes are cancelled. "They are all/ike children, " .rays Gunnnr On Friday morning Professor David Chambers will discuss the legalization Birkerts of his projects. "Yr)U don't say, 'I of the family, focusing on the transfer like him bmer than her. ' We don't butld of decision-making power for many many buildings a year, but there is equal dedication in each one, and they are all well See Dedication, Page 2 auended. '' Bikerts, 56, a Latvtan nam•e who came to 1934 America 111 1949, desiJ/ned the law school's new ltbrary addition. Never before had he designed a structure so thoroul/hly sub­ merged. Last week he talked with R.G. A Quad ManaJ/tnR Editor Jeff Blake about the law quad's new baby. • Res Oesta< Photo by Kim Hill Seven years and $9.5 million later, the inside view Is Born Q: Was the decision to go underground I made solely to avoid clashing your work with the law quad's Gothic ap· by Joe Hardig pearance? Finding Flaws In The place is Ann Arbor, Michigan, on A_: I'd say that's right. We couldn't the grounds of the University of possibly duplicate the architecture on Michigan Law School. It is a sunny day, the rest of the quad. and a number of distinguished jurists Q: Aside from the energy savings the Spacious Oddity have assembled to dedicate a new arising naturally because the new building. The date is June 15, 1934, and building is underground (Professor by Cliff Douglas of brown carpeting leading down from the building is actually an assemblage Pooley says these amount to 30 percent), did The new Law Library addition is the Reading Room breaks abruptly into of attached buildings : the William Cook you consider incorporating any other already a hit. Intruding onJy a little bit vivid green at Sub-1. Law Quadrangle. energy-conserving features, such as on the decades~ld Reading Room, the Comments have ranged from Julie Then, as now, the gothic sandstone solar heating? addition sits below ground-zero like a Caroff's "The astroturf green is objec­ buildings effused a certain striking A: No. I do not think the whole solar· majestic prop from "2001. " tionable," to John Shea's, " I'm going to power and beauty, from their grass­ heating technology is developed enough With warranted pride, Library Direc­ steal a windmilJ from a miniature-golf covered foundations to the 90-foot to have subjected the library to it. AJso, tor Beverley Pooley says that course and set it up down here for some towers of the Legal Research the whole technology

Matthew Kiefer Jeff Blake by J on Kurlzman break it have placed them­ Islamic state, the govern­ Cub Schwartz Jeff Eisenbe.rg selves outside God's society. ment, both national and Across the moslem world, Editors-in-Chief Managing Editor:s Lawbreakers deserve to be local, and the wealthy provide efforts are being made to in­ treated cruelly because they for the poor so that no person Bob Ling Brian McCann stitute Islamic Jaw and to are not fit to live among the needs to steal and all covetous Jiml>emb Cliff Douglas create Islamic states. We in righteous. The severity of urges are extinguished. In a Opinion News the west have little under­ their punishments will serve truly Islamic state, men and standing of this phenomenon. Phil Dutt to warn all potential trans­ women are separated and Jon Kurtzman To us, Islamic law is an odd, women are provided with Sports gressors that good moslems Arts medieval way of thinking. The will not allow their religious strong marital property rights political ramifications which state to be corrupted. to msure that aU sexual temp­ Jamie Bischoff Rick Olshansky will flow from the founding of Copy Advertising tation is removed and that Islamic states strike an alien The problem is that Islam1c marriages remain strong. No Barb Zahs Don Baker chord in our largely secular, thinking is not applicable to one, in good conscience, can western minds. Editorial Advisor Business Manager the current moslem countries believe that the moslem coun­ because they are not even tries meet these standards. Islamic Jaw is not just a Paul Engstrom close to being perfect societies Pakistan and Iran, for exam­ penal code, although that is Photography and because most moslems ple, are so infested with s~n the most visible aspect of it. are not righteous. In Saudi • that the concept of an Islam1c We read, for example, that Arabia, a wealthy man may state is a disgraceful joke. religious councils in Pakistan very well keep and serve are arguing over how much of liquor that has been smuggled The sad truth is that the new thief's hand should be cut off, into the country. Men and Islamic states are attempts by should the amputation be women mix in private, totalitarian dictator­ surgical that the creation of an feel that it is their holy duty to component has been put somewhat in doubt able: given the spiritual im­ force the strictest form of lslam1c state will result in maturity of the people, it was by the potential elimination of the Clinical utopia on earth, that the per­ Islam on all moslems. The religiously inappropriate to result will likely be a wave of law program. A clinical law program is essential formance of God's wishes w11l enlorce Islamic precepts pan-Islamic feeling and con­ to maintainihg a diverse, challenging bring to fife a perfect society stnctly. of righteous people. In a per­ tinued political instability in curriculum. Without this valuable tool the the moslem world. fect society, an Islamic Today moslems are trying creativity of the curriculum sputters and our society, a person who breaks to force Islamic Jaw on them­ legal environment suffers. The author is a 3rd year srudelll the law insults God. All law is selves even though they are and the Arts Editor of the Res God's Jaw and those who not ready for it. In a truly Gestae. Clinical programs are ari integral part of the curricula of major law schools around the coun­ feet when you think of Ger­ try. They have proven their worth to many mans or German food . Kurtzman Chewed Sincerely, students. Yet Michigan's clinic program is much To the Editor: Army storming the Alamo? Christine Kamisar less developed than those at Harvard, Yale, I read your article on Ger­ How would you feel, Mr. Stanford or other top-rated law schools. man food with much interest, Kurtzman, if a European but also with some annoyance. newspaper would suggest that To the Editor: Your comment that maybe many people don't like Please inform Mr. Kurtz­ The Clinic has been in a perilous position for German food "calls forth the "American food" in part man that Ann Arbor does in­ the past few years, due in large part to the ab­ sound of tubas and marching because it calls forth the deed have Mexican food . Fan­ feet" struck me as either a sound of planes destroying tastic tacos, burritos a nd sence of a firm financial base. No matter how tired bit of stereotyping or a Vietnamese villages or (to go ranchero can be found at my much enthusiasm students demonstrate for the feeble attempt at humor. back further in American favorite restaurant, The Cen· Clinic when the money gets tight it is a natural Do you a-lways hear sounds tra1 Cafe. Just because it does I • history) the sound of. the candidate for elimination. The administration when you eat ethnic food? cavalry charging at defense­ not have a Mexican name­ has demonstrated that, when motivated, it can When you eat Japanese food less Indians? £1 Cafe Central-does not mean do you hear the sound of ships World War II has been over it should be overlooked. successfully raise funds to achieve a goal. Its sinking in Pearl Harbor? for a long time-long enough Sincerely, next goal should be to- ensure the financial When you eat Mexican food do for you to stop hearing the Senor Barry S. stability of the clinical programs. you hear the sound of a large sound of tubas and marching Rudofsky Res Gestae- October 28, 1981 -page 5 Pro&Con A WACS Sale Aids U.S. Interests by Brian Dervishi mid-1960s pulse Doppler textbook manner that should make any un­ dle East the U.S. must be able to in­ technology. A comparable computer is dergraduate history major blush while fluence the major parties to the dispute, available commercially.'' the immediate consequences of the sale such as Saudi Arabia a nd the PLO, as · Perhaps my earlier predictions of an are ignored. The consequences: the Messrs Ford and Carter have now easy AWACS victory for the Ad­ Three: the sale is necessary to en­ sale goes through and we have achieved suggested. Cooperation with the Saudis ministration were a bit too brazen. courage, in the · words of the good closer security cooperation with our in their defense needs offers a special Surely, I naively thought, a Congress General Haig before the Senate Foreign friends the Saudis, thus fulfilling one opportunity to increase our influence with the sense to pass the budget and Relations Committee on October 5th, strategic objective-safeguarding the with them. If the sale does not go tax cuts would grasp the compelling the recent emergence of Saudi Arabia. oil- and contributing to the fulfillment through, Congress will have isolated the logic of the ·proposed sale. Alas, I now ... "as a constructive a]ld moderating of the other- a peace settlement-by House of Saud from the U.S. as well as realize these Congressmen a re a slip­ influence in the Arab world." Unfor­ bringing the Saudis into closer relations weakened pro-Western elements in the pery lot. Nevertheless, here is why the tunately, one sees convoluted historical with the U.S. To act as an effective ar­ kingdom and fu.rther undermined the sale should go through. analogies about Iran bandied about in a biter in the search for peace in the Mid- Saudi position of moderation among Arab-nations. One: the AWACS package will Finally, nothing positive can come significantly enhance Saudi security out of Congress' preventing the around"the Gulf Region and will not en­ P resident from fulfilling a defense danger Israeli national security. On commitment to a friendly nation and this point the public debate, as is usual forcing a partial abandonment of the on military matters, is vague and unin­ U.S. role in the Mideast to others who formed. Anthony H. Cordesman in the may very well define their interests September issue of the Armed Forces less spaciously than does the U.S. Op­ Journal International analyzes the im­ pone~ts of the sale cannot answer af­ pact of the A WACS package on the firmatively the question Haif posed to Arab-Israeli strategic balance. Taking the Senate committee: " Is it better to into careful consideration the armed · have a system in which Americans play forces, the weapons inventories, and a critical role and from which third­ the geography of the area in question, country nationals are excluded or to he concludes that in the context of a have a system in which our place is Saudi-Israeli conflict, and even a full­ taken by British or French-or, for that scale Arab-Israeli conflict, "The matter by any other third-country AWACS package is not ... a significant nationals who might be brought in to military threat to Israel even under operate a non-U.S. system?" Recent worst case conditions.'' events make General Haig's conclusion to his testimony even more cogent: "This is not a time to impose severe Two: the sale does not present the strain on our relations with one of our danger of the U.S. losing, via the closest friends in the region:" Saudis, highly classified technology. I Cap Weinberger, as recently quoted in I Brian Dervishi is a third-year student Av iation Week & Space Technology. who delights in being able to publicly stated: " The A WACS does not \ side with Ni xon, Kissinger , and vir­ represent the ultimate in U.S. radar Offensive or Defensive Interference? I tually every foreign policy advisor of and computer technology. The radar is the past three administrations. AWACS Package Poses Threat · by Jim Brandt gotten Congress' advice before con­ Saudis' only commodity. Higher oil potence of sophisticated weal>

position, including: maintenance of the that America can somehow contribute technologies. Eventually Saudi out that the Saudis' role in previous 1 President's credibility and ability to to Saudi moderation by selling them our economic growth would, therefore, be middle eastern wars was limited to negotiate abroad; encouragement of most sophisticated weaponry. Begin­ undercut. We do not have to encourage bankrolling the Ara'b effort because Saudi moderation on both security and. ning with the security area, if the the Saudis to act consistently with their they had no army and little weaponry to oil issues ; recognition of Saudi security AWACS saie is the quid, what is the pro own economic well being. Further­ contribute. Now we are putting the needs, and minimization of the threat quo? The Saudis have not supported the more, heavy Saudi investment in most sophisticated weaponry in the AWACS poses to Israel. Ultimately, Camp David Accords, America 's policy Western economies will prevent them world in the Saudis' hands. One can these reasons are unpersuasive. framework for peace in the Middle from raising oil prices to a level that only postulate that it will not be di­ Our Constitutional system demands East. The Saudis continually and would severely shock the industrialized rected against the Israelis by ignoring that the powers of each branch of the vociferously criticize Israel and Egypt, west-again, due to their self-interest. history. AWACS in Saudi hands will Federal government be checked by America 's closest allies in the The trye threat to Saudi ~~urity is in­ give the Arab nations the a bility to sur­ other branches. The system's validity area. Further, Saudi intransigence was ternal. Neither Ethiopia, which has vey Israeli air space at will. The threat was demonstrated recently when underscored by their refusal to attend proven unable to defeat even Somalia, this poses to Israel is clear. President Nixon's neglect of Congress' President Sadat's funeral. The Saudis nor South Yemen, still incapable of The rationales cited in support of the role in foreign policy led to such ex­ have joined with Libya as the principal conquering North Yemen, poses A WACS sale are easily undercut. The cesses as the secret bombing of Cam­ financiers of the P .L.O., hardly a serious threats to Saudi security. reasons for aborting the sale: a fear bodia. While most policy analysts proponent of moderation under any Though the Saudis may be obsessed that if the Saudi government falls, the would grant the President much leeway definition of the term. Clearly, the with external threats to security, this AWACS will fall into hostile hands; the to conduct foreign affairs, th.e heavy Saudis desire stability insofar as it concern is not based in fact and should potential for the Soviets to gain access burden,Congress must meet to "veto" permits the export of oil. But they will not support the transfer of our most to the AWACs technology because the sale-a majority of each chamber encourage such stability because it is in highly sophisticated technology. Fur­ Saudi security systems are notoriously must disapprove- preserves presiden­ their national interest, and it will thermore, even Secretary of State Haig weak; and a fear for Israel s~uri t y tial power, while checking presidential remain in their national interest was recently forced to admit that even seem overwhelming in contrast. prerogative. whether or not we sell them AWACs. with AWACS the Saudis could not Americans should be concerned that In the A WACS case, if Congress sup­ One finds little evidence of Saudi prevent an a ttack on their oil industry, the AW ACS transfer be judged with ports a sale it does not approve of, sim­ foreign policy being influenced by such as that recently suffered by reference to our national interest. On ply to preserve the President's American actions. Kuwait (at the hands of Iranians, using balance, the AWA CS sale is in the credibility, its check on the President's In the economic area, the Saudis are American F 15s we had sold to a middle Saudis' national interest, but not in power would be abrogated. One should responsible for lower oil prices. eastern monarchy suffering from a ours. remember that the AWACS problem However, reasonable oil prices are in primarily internal threat). Finally, the the Saudis' self-interest. Oil is the arose because Reagan should have Iranian aase demonstrates the im- The author is a 3rd year student. Res Gestae-October 2 , 1981-page 6 Arts 'rrue Confess_iOns 'Goodfo r Soul by Jon Ku rtzman Any movie with Robert DeNiro and Spellacy, in turn, while managing the supposed to react to them; they are the "True Confessions" is fiiJed with the Robert Duvall in it must be good. Their Ch urch's finances like a cold-fish ac­ characters and play each scene kind of scenes that stick in one's performances are always worth countant, discovers the corruption with regard only to what has happened, memory. Perhaps the most compelling watching and they are such keen which envelopes the archdiocese. not what will happen. The effect is is a simple, half-realized scene at a talents that any property in which they "True Confessions" is not a detective miraculous. The figures take shape like lunch counter: Des Spellacy opens up to choose to appear has a prima facie story, nor is it a lightweight morality Rembrandt painting- each scene adds his brother, confiding that he has stamp of approval. "True Confessions" play. Instead, it is an amazingly supple a layer of color to the characters' per­ doubts about the purpose of his being a has DeNiro and Duvall. It also has much portrayal of brothers : their relation­ sonalities, like coats of paint to the can­ priest. Des's comment and Tom s more ; "True Confessions" is one of the ship, their feelings about their family, vas of the audience's mind. almost embarrassed, non-reaction to it fines t movies to come out of HoiJywood their conceptions of their jobs, and their "True Confessions" is a modest capture exactly the way brothers and in years. senses of themselves. Like the best of movie. It doesn't read in thematic black other people who have grown up In the 19405, the place L.A., Duvall is novels,· " True Confessions" in­ and white like most Hollywood prod­ together communicate. Things don't Tom SpeiJacy, homicide detective. He's vestigates personal growth. It helps ucts. it really is a European movie made have to be made clear. Indeed, they cynical, anti-religious, somewhat cruel, that John Gregory Dunne, who wrote in America and, like many good can't be made clear because of the ten­ and rebellious. DeNiro is Desmond the novel of the same name, and Joan Eurooean films. it builds its points sub­ sions which relationships among family Spellacy, Monsignor and chancellor to Didion, his wife, wrote the screenplay. tlely. Watching "True Confessions," involve. The Spellacys, like most every the Cardinal. He's religious, sincere, The acting is perfect. It is sublime. the audience is often forced to search family, love and hate each other. They calm, calculatingly ruthless, and am­ Every role is well cast, every line well for meanings and connections until are completely comfortable in each bitious. The story goes like this: a nude written and spoken. The most in­ suddenly and at some point (it vane~ other's presence, as only brothers and woman is found cut in a vacant lot, cut credible thing about the acting and the from person to person), it all makes sisters can be, but are completely un­ in half. As Tom Spellacy investigates movie as a whole is that the actors and perfect sense. Many scenes don't have comfortable because they are so dif­ the murder, he finds that the dead girl actresses let their characters develop beginnings, middles, and ends; they ferent. was intimate with many of the Church's in layers as the movie progresses. They just hang there, drawing strength from The only disheartening thing about most wealthy lay supporters. Des don't give away how the audience is their context and from the ac­ " True Confessions" is that most cumulatin(\ power of the acting. The reviews miss the point. Most reviewers real joy in watching a movie like this is feel that it is merely a detective story that one's understanding of it continues without an ending. These critics expec­ to grow in the days that follow . ted a detective movie-it is about a KISS OFF The conception of ''True Con­ murder, isn 't it?-and wanted a lot of fessions" is probably too modest in its fireworks between DeNiro and Duvall. method for it to be considered a When the movie turned out to be under­ INFLATION GE T 10% off copying masterpiece. The directing and the sets stated and complex, they couldn't han­ take none of the chances which one dle it. Many appear not to have tried to PICK UP YOUR .f1ill. DISCOUNT * notes normally associates with brilliance. understand the movie, but to have let * briefs They simply tell the story, effectively their prejudices and hopes carry them C:ARD AT and economically. While the movie isn't away. These critics should get into * resumes flashy, it is perfect within its chosen Msgr. Spellacy's confessiooaJ and learn * reports sphere. "True Confessions" does not what really happens on the inside. Copgq_uick * anythinq try to break new ground, either • 217 SOU'Tli UNIVERSITY stylistically or thematically; it tells a "True Confessions" is now showing at the ~ good story well, not just a plot line but a Mann Theaters in the Fox Village shopping CONVENI£NflY l~TED ACROSS FROM THE CAl.' PUS THEATER full-fledged story with content. center at Maple and Huron.

Emens, Hurd, Kegler & Ritter Popham, Haik, Schnobrich, ofCol umbus, Ohio Kaufman & Doty, Ltd. is pleased to announce that it will be interviewing , 2nd year students on Denver, Colorado Friday, October 30, 1981 Washington, D. C. for positions with the firm during the summer of 1982 is pleased to announce that it will be interviewing interested 2nd and Jrd year students on We ar_e ~n established and growing firm of 27 lawyers. Our areas of practice mclude litigation, securities, tax, corporations, labor law, real Monday, November 2, 1981, est~te, bankruptcy, and several other interesting areas of the law. We for 1982. associate positions in our Minneapolis and Washington, D. C. enjoy w_h~t we do, and are seeking bright and motivated young law­ offices, and for 1982 summer positions for 2nd year students yers to jOm us as we continue to serve in the practice of law. in all three offices of the firm. R€G€Nto single figures. DISCOUNT ENDS OCT. 30th Law School Student Senate experience The Rough Brothers promise to be 4 01 7 th Avtt Su11e 6 2 • New Yottc NY 10001 has prepared them for the tough con­ back next week. 21 2 594.3696 201 ~23 3363 ditions in the trenches. Aside from the ferocious rush, each defensive back picked off at least one pass, with safety Brian McCann snaring two. Coach Ross Crown at- Attention Senior$/ MANHAnAN LIVE MORNING SESSION CLOSING ON OCTOBER : O Because of the overwhelming re­ sponse to the Su mmer 19B2 BAR/ BR I New York Bor Review program, e nrollment In the Manha t tan live morning seulon will close o n Fri­ day, October 30. (Applications must be received ln our off lco by October 30. Be sure to o llow plenty of time lor the moll or deliver your applica­ tion personally to your school Rep or to our off ice). Anyo ne e nro lled by Octob9r 30 for any loca tion will be entitled to atte nd the Manhat­ tan live morning se u lon. Anyone enrolled after October 30 will be entitled to attend ony location ex­ cept the Monhotton live morning se ssion. Please Note: The Monhot· ton live eve ning session ond the of- • ternoon topo sessions ore expected to remain ovoiloble. Students enrolled alter October 30 will be placed on o wo111ng list for the Monhotton live morning ses­ sion on o first-come first-served basis. We a ppreciate your tremendous re­ sponse to our program

•Ot 7th A~ Sv•lt 12 • ,..,.., Yo,k NY" 10001 112 694 36~6 101 MJ 3363 Campus Rep. 764-4237 ResGcstae October28.1981 page8 Features ,· The President Goes Underground Muborak was funous, his fa~ distorted level. with rage. "Why are the returns m the - braved the expedition himself, was southern diStrict only 96-. m my favor'" he "Understanding the project is im- "especially impressed with the descent possible without an appreciation for its shouted. highlighted by the treacherous 'one foot history. The idea was concocted during "You're right, " I shot bock "Why the hell gap' between the right sloping stairwell one rather boring faculty meeting. One should anyone thmk t~

Law in the Raw Compiled by ~1aUhew Kie(er A Marvel of a Name Trimming the Sails Warner Communications, owner of D.C. Comics, Goose Eggs which in turn owns the Superman trademark, has The giant Omaha-based firm of Kutak Rock & Following almost 9 years of litigation, Michelle Huie, noted for its progressive hiring and firm filed suit in federal District Court in Illinois to Triola Marvin, live-in companion of actor Lee Mar· governance policies, has just fired 20 lawyers. "We protect the trademark. It seems that the school vin, has ended up with nothing to show for her ef· were just overstaffed," explained head honcho newspaper of Richard Daley College in Chicago in· forts. Originally filing suit in California, a commu· Robert J . Ku tak last week. True to form, half of sists on calling itself the Daley Planet. The case has nity property state, asking for about $1.8 million those told to leave were partners, and none were not yet gone to trial, but all parties are reportedly as a property settlement following her separation, first year associates. "hoping that Truth, Justice, and the American Way she was awarded just over $100,000 at trial. The will prevail." -·National Law J ournal, October 26, 1981 award was reversed on appeal, and the Cali· -National Law Journal, October 26. 1981 Cornia Supreme Court has recently affirmed the appeals court ruling, without comment. Involuntary Servitude -New York Times. October9, 1981 AdDamnun Four leaders of a migrant labor crew who As Pro Football fans know, the hapless Chicago allegedly used marijuana,..to entice urban vagrants Quote of the Week Bears have the worst record in the NFL. Recently, to .work in a North Carolina labor camp diggipg potatoes, and then prevented them from leaving, "Violent criminals are terrorists . . . they are one disgruntled fan decided to take action. more vicious than any other form or a nimal walking Following the team's loss to the previously winless have been indicted by a federal grand jury. Following the death of one worker who had been or crawling on this earth. There cannot be any Washington Redskins earlier this month, a Chicago thought of training, changing, or controlling these salesman filed suit in small claims court charging forced to continue digging even though he was spit· ling blood, the gra nd jury returned an indictment sub-humans. They must be isolated and removed · consumer fraud. As damages, he is asking just over from society. "-Advertisement in the October 26 $58, whkh represents the cost of two tickets, tran­ charging a conspiracy to enslave in violation of the 13th Amendment. issue of the National Law Journal, entitled " An sportation to the game, and wages for a babysitter. Angry Citizen Spea ks Out," paid for by Victor - New York Times, October 9, 1981 - NBC Nightly News, October 14, 1981 Barough, a private citizen.