The Justinian Volume 1977 Article 2 Issue 7 December

1977 The uJ stinian

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Recommended Citation (1977) "The usJ tinian," The Justinian: Vol. 1977 : Iss. 7 , Article 2. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1977/iss7/2

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Congratulations to Ellen Taubenblatt, Julian Kap­ lan, Joseph Knock and Eleanor Doyle, the new National Moot Court Team, and to George Taylor the new first year SBA Executive Board Represen­ tative and Alex Valecenti the new first year dele­ 3}ulittulau gate. •VOL. XXXVIII THURSDAY, DECEMBER 1, 1977 NO.4 Herrmann Loses Again; SB A Delegotes Approve Budget; Contract Suits Dismissed By HOWARD COHEN Two more complaints involved the contract, and as there was Convention Funds Moin Dispute in the myriad of law suits never any intention that they brought against Brooklyn Law should be personally liable - By ROBERT ROBINSON On Thursday, November 3, the SBA FINANCE COMMITTEE BUDGET OCT. 1977 - SEPT. 1978 School by former Prof. William they acted "on behalf of Brook­ Conventions $ 2475 SBA General Fund lyn Law School - the cause Delegate Assembly voted to ap­ lferrmann were dismissed in Parties 3300 LSD 150 of action against the individual prove the 1977-78 SBA budget state court on October 24 for Eve. Moot Court 200 Orientation 450 failing to state a cause of action. defendants should be dismissed. proposed by the Finance Com­ mittee. The 1976-77 budget was Justinian 5800 Gratuities 160 The complaints, which involved In his second complaint, Herr­ Speakers/Films 2050 Stationery, Printing, mann charged that the defend­ not approved until February. an alleged breach of contract, Moot Court Postage, Misc. 1000 ant trustees, faculty members, The budget contains a pro­ were brought by Herrmann af­ Dues 95 Award 100 and students procured the jected deficit of $1 ,700. (Last ter his dismissal from BLS in Intramurals 200 Directory 225 September, 1975. breach by BLS of his employ­ year's budget contained a deficit of about $500.) The Delegates Judges 80 Tape Deck 300 Herrmann's first complaint ment contract. However, the Certificates 60 IALSA were skeptical' of approving a 25 charged that "the dismissal con­ court found that procedures re­ Eve. Moot Court 80 deficit budget. Treasurer Eric stituted a breach of his employ­ garding dismissal of faculty Womens Group Note Brown explained to the As­ ment contract; that it was pro­ "were fully complied with; that Dues sembly's satisfaction that this 70 The Italian-American and cured by the intentional, wilful the faculty committee that Tea 35 deficit should be reduced by the Veterans groups and Phi and malicious acts and course recommended [Herrmann's] dis­ Seminar 500 funds forthcoming from the Delta Phi have requested SBA of conduct of the trustees, fac­ missal and the trustees who ap­ BALSA Administration, a n expected support from various funds. ulty, and student defendants, proved that recommendation Dues 200 $1,000 from the Book Co-op, designed to cause him to 'lose were acting by virtue of their Conference 60 Law Student Division funds, and his tenure and his position as a positions as directors and trus­ Law Day 100 Total Allocations: those funds which go unused. $18,450 tenured professor of law.''' tees and within the scope of Sports_ Received from BLS If necessary, says Brown, the -16,000 lfowever, the court found that their authority." Under the Equipment 300 Carryover from deficit could be further reduced "while the final decision re­ stated law, a person so acting National Lawyers Guild 1976-77 by other income generating ac­ - 739 specting appointment and dis­ will not be liable for a contrac­ Dues 125 ual breach by his corporation tivities. missal rests with the trustees, Booklet 325 Projected Deficit $ 1711 it does not appear that they are "unle s his activity involves Last year, the budget went di­ in any way parties to the con­ separate tortious acts." rectly to the Delegate Assembly opportunity to be heard at the vention money. Four groups re. tract of employment resulting The court held that since for determination. According to Finance Committee, while the quested money to send repre­ from their approval of appoint­ Herrmann had not alleged any this year's procedure, a Finance Assembly was freed for other sentatives to various conven. ments." Furthermore, there was "separate tortious acts" by the. Committee was formed to do the business. tions: The National Lawyers no showing that any formal defendants, his "allegation that tedious work of examining bud­ Guild, The Women's Action they 'intentionally procured' get requests line hy line. When However, the budget proposal written employment contract Group, The Black American Law the breach of his employment the Committee reached agree­ was not passed without opposi­ -----haa-ever been entered into be­ Students Association, and the tween Herrmann and the law contract is merely the conclu­ ment on the entire budget, it tion. Six out of a total of twenty­ SBA. The SBA's portion was school. The court, therefore, sion of the pleader, and, as such, was presented to the Assembly two Delegates voted against it. only 5 percent of the total held that since the trustees and is insufficient to impose personal for approval. Thus, everyone re­ The subject of most disagree­ amount requested for conven­ the Dean were not parties to liability upon these defendants." questing funds was provided an ment was the allocation of con- tions because the American Bar Association/ Law Student Divi­ sion convention will be held in Two BlSProfs. Argue Before Supreme Court New York City next summer. The NLG, BALSA, and the By ILEANE SPINNER Washington, D.C., and formerly Women's Action Group were al­ "It symbolizes Brooklyn Law law clerk to Mr. Justice Mar­ located 95 percent of the $2,475 School' status as a national shall; and David Rubin, general allocated for conventions. Thi law school," commented Profes­ counsel to the National Educa­ represents 15 percent of the total sor 0 car Chase referring to the tion Association. budget. Opponents to this a11o- fact that he and another BLS Prof. Chase found himself ation, including first year Dele­ professor, L. Kevin Sheridan, more nervous before the stu­ gate George Taylor, argued that argued in front of the United dents than during the actual this was an excessive sum of States Supreme Court on No­ High Court experience. There money to give to groups whose vember 2, 1977. his initial nervousness subsided, membership represents only 10 The case, Monell et. al. v. D e­ quickly replaced by the con­ percent of the student popula· partment of Social Services of fidence of being well-prepared. tion. Also, Delegate Ira Miller the City of New York, was an A contingent of ~ dozen or so indicated, allocating only 10 per· action filed in April, 1971 - by (Col/til/ued on Page 4) (Contil1ued 011 Page 4) city employees against the Board of Education, the Department of ~ocial Services, and the mayor Class of '80 Profile: in hi official capacity - chal­ lenging rules and regulations that compelled pregnant em­ Applications Decrease ployees to take unpaid leaves of By MADELAINE BERG absence before medical reasons Photo by Richard Grayson required them to do so. Prof. Oscar Chase polishes his argument in Moot Court Room This year's first year class is earned Master's and Doctorate The U.S. Court of Appeals, before going to Supreme Court. a diverse group drawn from six degrees before coming into law. Second Circuit, upheld a de­ states and representing 94 col- Of the 2,847 applicants for cision that an elimination of out of the city treasury for pay­ leaches Appellate Advocacy, a leges and universities. The 324 admission to the 1977-78 term, mandatory maternity leaves ment. practice course in brief writing first year sludents come to 1,052 were accepted. The total rendered claims for injunctive The petitioners first contact­ and oral argument) is Chief of Brooklyn Law School from number of applications has been or declaratory relief moot and ed the Center for Constitution­ the Appeals Division of the Maryland, New Jersey, Pennsyl- falling in recent years, from a that back pay should not be re­ al Rights. Prof. Chase was fa­ Corporation Counsel. He decided vania, Virginia, and the District five-year high of 3,797 applica­ troactively awarded for dis­ miliar with that organization to handle the case personally of Columbia, as well as from tions in 1974. There are 263 first crimination that occured before through his work at the P ov­ and has stayed with it from the New York. year students in the day session; the 1972 amendment to the erty Law Clinic and agreed to S econd Circuit. Although much of the first and 61 in the evening session. Equal Employment Opportun­ represent these women in what In preparation for his first year class came to law school Women represent 32 % of this ity Act. hE"; terms "a political lawsuit," U.S. Supreme Court appearance, immediately after graduating class, an increase over the 21 % It alsu-held that neither the as he was concerned with sex Prof. Chase delivered his oral from college, many of the stu- of the first year class in 1973, Department of Social Services discrimination in violation of argument in the Moot Court dents came with prior business but a decline from the 40% nor the ·Board of Education is civil rights. A personal, but not Room in front of a large turnout and professional experience. In representation in 1976. There a "per on" within the meaning primary, consideration is that of students and a panel of the class are former teachers - are 10 minority students - the of 42 U.S.C.A. 1983 and that, as Monell is his wife, although judges consisting of: Professor elementary, high school, college, admissions office defines a mi· municipalities are not to be he said, "She is just one of a Margaret Berger; William Cald­ and even belly-dancing (!); fi- nority student as Black. His. subjecled to damage suits un­ group 'who felt strongly about well, counsel to Lawyer's Com­ nancial analysts; accountants; panic, Asian, or American In­ der the Civil Rigpts Act, offic­ the requirement that women mis ion for Civil Rights Under journalists' a student who work- dian. ials cCHHd pot.be sued in their leave jobs when they still bad Law; Nancy Stearns, of the ed with the Stale Select Com- The first year class has an official capacities for damages more to offer." Center for Constitutional Rights; mittee on Crime, investigating average LSAT score of 618, and if money would have to come Adjunct Prof. Sheridan (who David Silberman, practitioner in racketeering; and some who an average GPA of 3.2. Published by BrooklynWorks, 1977 1 The Justinian, Vol. 1977 [1977], Iss. 7, Art. 2

Page Two JUSTINIAN Thursday, December 1, 1977

Viewpoint Justinian Published under the auspioes of the Student Bar Association Federal Air BROOKLYN LAW SCHOOL 250 Joralemon Street, Brooklyn, N. Y. 11201 By MICHAEL WEINBERGER motorists who venture into cer­ though yielding to the central Telephone (212) 625-2200 Ext. 50 Query: will the federal judici­ tain sections of New York authority a controlling power ary employ the Federal flean County, State of New York, for a few limited purposes . .• Editoi"-in-Chief ...•...... , ...... Howard Cohen Air Act in the same way' that should be governmentally de­ (Emphasis added.) Congress has used the interstate prived of curbside parking Managing Editor ...... Ken Shiotani commerce clause of the Consti­ therein. Though one might be Acordingly, it i~ appropriate inclined to disbelieve it, the or­ Senior Editor ...... Richard Grayson tution? In other words, as the to ask: what limited purpose, commerce clause has become the der went further. Said appoint­ what specific national interest, AssocieJe Editor ...... Rochelle Strahl basis for much Congressional ed representatives of the federal what devastating syllogism com­ government (acting pursuant to Copy Editor ...... Ellen Zeifer power, will the Federal Clean pelled representatives of the Air Act become a separate power authority traceable to the Con­ federal government to visit their STAFF source through which federal stitution of the United States, influence on "the sidewalks of Madelaine Berg, Paul Dansker, Elizabeth Doyle, Sandy F. Feld­ judicial influence is visited upon Article III, Section 1), in their New York?" Answer: federal man, Paul Forman, Rubin Garfinkle (LSD Rep.), Harry Hertz­ the States? supreme wisdom, further com­ air, presumably cold to luke­ berg, Stephen Jackel, Kim Steven Juhase (Alumni), Bradley Of course, the perversions of manded that several of the warm. But mind you, that is a S. Keller, Mitchell Miller, Barbara Naidech, John Rashak, Rob­ the commerce clause are already bridges linking various counties rebuttable presumption. ert' Robinson, Randy Shedlin, Gino Singer, Ilean~ Spinner, Alan well known and well document­ of the State of New York be Indeed, will the federal judi­ Tucker, Michael Weinberger. ed. Originally intended as a pro­ made toll bridges. And lastly, ciary employ the Federal Clean scription against undue state that taxis be proscribed from Air Act in the same way that. (Editorials express the o. ion of the Editorial Board) governmental intervention in the cruising in midtown. the Congress has used the inter­ C~pyright © 1977 by BLS Student Bar Association national economy, the clause has, For the most part, the afore­ state commerce clause of the in more recent times, become mentioned deprived motorists Constitution? This author sug~ the basis for diverse federal in­ would have been New York gests that it already has. cursions into the "health, wel­ State residents. They pay New In fact, we may expect the fare, safety, and morals" do­ York State taxes to maintain federal judiciary to continue to main of the state governments. New York County roads. Their regulate the lifestyle of the local The Administration is to be, commended for providing In fact, the most ludicrous ex­ cars are insured subject to New citizenry, in the name of federal York State regulations and are a tentative final examination scbedule for the spring sem­ ample of the commerce clause's air. "intellectual" flexibility may inspected pursuant to New York Will the next pronouncement ester along with the registration materials. This innovation, emerge from the bowels of our State law. Why, even the me­ concern federally mandated bi­ w hich had been advocated for many years by the Student national legislature in the next chanics that inspect the cars are cycle transportation by all those several months. Recently, a bill licensed by New York State and physically 'capable? Surely, an Bar Association, will aid upperclassmen in avoiding exam was introduced in Congress (ostensibly) have a certain quan­ appreciable reduction in air pol­ conflicts when they register for courses, as well as give them whicll would make the produc­ tum of knowledge concerning lution would result. Hence, as auto mechanics, which quantum the opportunity to plan their summer job availability date. tion of "kiddie porn" films a the basic logic is obvious, wa federal offense - when, and was delineated by the lawful await only implementation. only when, the films are in­ representatives of the people of As stated previously, this or4 However, the tentative schedule, as it now stands, re­ volved in interstate commerce. New York. der was issued by a district court veals some glaring errors in planning. It seems that exams One may reasonably assume that Furthermore, the aforesaid and reviewed by a circuit court. this prerequisite to the exercise bridges, while admittedly asso­ In fact, the case may yet go to f r a large portion popular COurs.es have b.,een slotted for ot of federal power will in the ciated with interstate comerce the Supreme Court, sitting ia either the same day or within a day of each other. It would future be satisfied through a (in a superficial way), were Washington. Let us assume, ar­ built without federal funds. And, be unfortunate for students who work diligently throughout showing that the six-year-old guendo, that the Supreme Court star of such a film was conceived if one were to ast< the painters, does review the instant questioll the semester to be confronted wLth the overbearing pressure when a contraceptive device, maintenance engineers and and affirms the lower court. 18 of three or four examinations within a period of 72 hours. manufactured in interstate com­ other persons whose employ­ that case, we would be ~ , nierce, failed to live up to ex­ ment concerns the bridges where with the absolutely ludicrous their paycheck comes from, they Another example of poor planning is the fact that the pectations. Needless to say, if and baroque situation of th~ aforesaid conception occured in certainly wouldn't answer Wash­ highest and most centralized exams for both Corporate Taxation and its corequisite Cor- . a motel, as opposed to a private i,ngton. governmental authority in the po rations are scheduled to be given at the sam.e time. If both house, then certainly the produc­ Lastly, the hacks. Who issues laud telling Howard the cab tion of the fil m would come their licenses? Who regulates the driver where he can and cannot courses are intended to be taken in the same semester, it under the federal umbrella. number of medallions available? cruise for fares. seems inconsistent that their exams should be scheduled in Yet, though one may take Who sets the rates? And, if a Such a result is not only in~ cabbie is discourteous to you, such a way as to preclude it. The tentative schedule is a issue with Congress' (mis)use of consistent with a federal system the clause, still, the retort to who would you complain to - but it is also impractical and step in the right direction, but a measure of realistic, careful uch objections is clear. To wit: Chief Judge Irving Kaufman, of inefficient. If the meaning of planning is in order. there existed a problem of n{i­ the Second Circuit Court of Ap­ words is to be stretched, let theul tional scope. In response, Con­ pe;lls., or the New York City be stretched to avoid such a re­ gress legislated. Isn't legislating Taxi Commissioner? sult not to encourage it. the proper function of a legis­ In SUIll, it can readily be s.een Clean air notwithstanding, it lature? Obviously, one must that the objects of this particu­ is uncontroverted that the sys­ answer the above question in lar federal governmental order tem of checks and balances is SB.-A pari,;! j:Jn !)~novalion the affirmative - due to the are, for the most part, either central to our existence as a recognition that, at lea t from creatures of, or substantially re­ free people. The federal system, The theme of this years SBA appears to be innovation_ a purely procedural point of lated and subject to the laws of if respected, provides us witq We refer specifically to the first Friday night disco party view, it is the job of legislatures the State of New York. And, in such cj1ecks and balances. In to legislate. our federal system, that is the such a system, it bears noting held at BLS in recent memory. The party was innovative in Returning more directly to way it should be. Manifestly, the that all roads do not lead to two respects. the theme of this piece, is it regulation of curbside parking Washington. The sooner tbis i al 0 the job of the judiciary to is a local interest and should be learned, the better. accomplished by representatives The fact that it was held on a Friday instead of Thurs­ legislate? And, more important­ (All rights in "Federal Air" of the 19Cal gov~rJUnent . have been retained' by the day offered evening students who ordinarily have classes on ly, if the answer to that question au~ is in the negative, would it not In fact, let's take it one step thor, this limited publicatio"l Thursday nights an opportunity to attend. For these students be correct to say that a judiciary further. Curbside parking is of notwithstanding.) the only alternative was to cut their Thursday night class that does legislate is acting in a such a provincial nature that every time there was a party. Having the party on Friday wrongful fashion, both from a even Albany doesn't attempt to exercise jurisdiction over the also gave the partiers a later curfew because there were no procedural and from a ubstan­ MONEY matter. Instead, Albany dele­ 9 AM classes to sit throug h with a hangover the next day. tive point of view? Most assured­ Will the following people ly, yes. gates its general jurisdictional We realize that a Friday night party prevents many religious legal authority (vested in it pur­ please come to the Li braxy .in In which case, let us examine order to claim their duplicating Jews from attending out of respect for the Sabbath. How­ the specific federal judicial order suant to the common law doc­ trine that the state governments machine refunds. ever, Friday will not become the standard night for parties here in question. (Certain pro­ louise Hayes vi ions of the order have recent­ have the right to legislate on Nancy Miller in the future. The SBA plans to experiment with different Joseph Winowiecki ly been modified by a compro­ matter co ncerning their citi­ Ed Walker evenings, to determine which are the best for the largest zens' health, welfare, safety, and Michael Hochberger mise agreement entered into by Joe Gottlieb s egment of the BLS population. With this we agree. representatives of the federal morals) to more decentralized Joel Ezra Jeff Singer govemment and the City of agents. Ispo jure, Howard Gold­ Joanne Gentile en has more to ay about parking Maureen McLeod The SBA has also shown some good judgment by pur­ New York. Notwithstanding this, Jeff Goldman in the BLS vicinity than Gover­ Julian Schulman chasing a tape deck to provide music instead of hiring an the original order still bears ex­ Steven Rosenthal amination. Indeed, the mere fact nor Carey. laura Held expens,ive professional disco company. The initial cost of Fred Pearlman that a compromise was at all In defining the phrase "Fed­ Ela ine Brown the tape deck was similar to the cost of one evening of pro­ eral Government," Black's Law Rosalyn Young necessary provides all the dia­ (urt Mellzer f essional disco. What's more this cost can be amortized over lectical justification required for Dictionary has this to say: June Knight Richard Grayson 'the many years of service that the deck can be expected to this inquiry.) Da yid Guthrie Emily Simon give to the school. The money saved by this innovation can The Federal District Court for (In a federal system, the Sa ndy Feldman the Souther n District of New states) are fully sovereign Ca rolyn Wilson be and was used to improve other aspects of the parties, as S. Wiesen York, whose opinion was shared and independent, and each of l ydia Pa\lilla was the case when the SBA provided Cozzoli sandwiches at Rich a rd Greenblatt by the Second Circuit Court of (them) retain it full dignity, Suzanne Mangold the last party. Saul Brutt Appeals recently held that organization, and overeignty, Sylvia Serger https://brooklynworks.brooklaw.edu/justinian/vol1977/iss7/2 2 et al.: The Justinian

Thursday. December 1977 f. JOSTINIAN Pag e Three Career A ,lternative: Dean Respond to tudent Letter Judici'al Clerk Editor's note: In the last issue Day stud ents were invited to. I am attaching a memoran­ Special 10 The Juslini.n tion at BLS to have been "very of J-USTINIAN a leiter from compete after one semester and Editor's Note: While this ar- dum prepared fo.r me by the good" and at least equal to that Bernard Oster, Mariann Person, evening students after the first ticle is presented as an " altern­ Editors -of the Bro.oklyn Law of other clerks she has encoun­ Joseph W i nowieck ~ Regina Fed­ year in th e belief that the ative career," we do not suggest Review explaining the proced­ tered, both in her present posi­ er. Neal Dodell and -Kathy Dut­ evening students, having taken that most BLS gr aduates will ure followed in evaluating pa­ tion and in her previous clerk­ ton appeared outlining their less credits than the day stu­ o:btain jobs as judicial clerks pers submitted for consideration. ship with Judge Fuchsberg. In grievances regar ding Law Re' dents in the first semester would upon graduation. H owever, the I hope I have been responsive her view, while st Idents at view selectioQ procedures. That be at a disadvantage and could fact that Vivian Shevitz found to yo.ur letter. In the event that some of the more nationally leUer WqS also sent to Dean compete more favorably after such a job shows that CfUsliJied there are any parts to which I prestigious law schools work Glasser in the hope that he completing the first year. It was BLS graduates do obtain com­ have not responded, I will be harder because of their greater w Q.uJd take steps to rectify the agreed that in the future, el­ petiti ve employment and th at pleased' to meet with you if you investment in money and the alleged problems. The Dean sen! igible evening students will be BLS graduates are not always would call my secr-etary for an necessity of living up to the the following letter in reply out· invited to co.mpete at the end of appointment. treated in a second-class fashion school's reputat.ion, BLS stu­ lini1,lg his position. the first semester so that the Yours sincer ely• . by prestige employers. w~ hope­ dents willing to work hard can two 'divisions will be eliminated. tfiat Sheviiz's experience will In response to your letter to I. Leo Glasser turn themselves into top-notch lIerve as a morale booster to me, dated October 10, 1977, I LA W REVIEW MEMO attorneys with the help of BU . those now seeking peJ:'manent had a conference on the issues Membership in the Brooklyn employment and as an indica­ Now in her first year out of you raised therein with Ms. Law Review is o.ffered to stu­ tion to employers th a t BLS BLS, Shevitz is very satis­ Sara C. Schoenwetter of the In­ dents who have submitted "pub­ graduates can get the job d.one. fied with her decision to clerk ternational Law Journal, Ms. lishable" papers, as determined , The switch from bass player for J udge Leonard P. Moore of Dorsey Regal and Ms. Susan by the Editorial Bo.ard. The spe­ i.n. an Ann Arbor rock and roll the Second Circuit. Although P osen of the Brooklyn Law Re­ cific evaluation procedure may. band to clerk for a Federal former BLS students have view and with Professors Far­ vary somewhat fro.m year to Court of Appeals judge is some­ clerked in the New York Court rell and J ohnson who are the ad­ year, dependii\g o.n the policies thing of a strange transition, but of Appeals and for Federal d.is­ visors to the Brooklyn Law Re­ established by each volume's 13.rooklyn Law School graduate trict court judges, she is the first view and International Law Editorial Board. Those of us Vivian Shevitz has made it with BLS graduate to work for a. J ournal, respectively. charged with staffing the Re­ hardly a missed beat. judge in a Federal Co.urt of Ap­ After a full discussion o.f the view for volume 44 have empha­ After graduating from college, peals. issues yo u raised, I am complete­ sized anonymity in the evalu­ ation and selectio.n process. Shevitz rern.ained in Ann Arbor, The program lasts for one ly satisfi ed that there was in Of the approximately 60 com­ working in a record store and year, and, so far, Shevitz has fact no discrimination as be­ playing bass part-time. Even­ tween day and evening students ments receiv.ed in September, found the w ork to be quite in­ each was evaluated by .at least (ually, she grew dissatisfied teresting and - obviously - an who submitted papers for law­ 4 editors. Two o.f the evalu­ with her existence in Ann Ar­ excellent opportunity to learn review co nsideration. There was ations were made by editors who bor and returned to school. She appellate procedure from the agreement amon g the discus­ had read all of the comments earned a Master's Degr-ee in inside. While her work consists sants that it was important to DEAN 1. LEO G LASSER submitted on the subject case teaching and taught first grade of a large amount o.f research, remo.ve any appearance of a The "seco.nd chance" factor as well as all comments on a for t:wo years before again de­ she is also able, on occasion, to distinction between the evening will be entirely eliminated or second assigned case. A thir~ ciding that she had not yet o.bserve the oral arguments b e­ and day division and steps will extended equally to all papers evaluation was made by .a found her niche. fore Judge Moore. be taken in that direction. After much thought, she d e­ Mo.re specifically, t6 the ex­ submitted. S.econd Cil'cuit Review Editor c.i.ded on law, and, with some There is, of course, a certain tent that diffel'ent cases were I have been assured by all the or a Comments Editor who had degree of pressure associated trepidatioJ), entered BLS in as.signed to the day and evening participants in the discussion r.e.ad 1/2 to 1/3 of ,all p.a~rs 1973. From that point on, She­ with the job. but Shevitz students, that will not be done that all submissions are read submitte,d on cases within his or vitz's career has been an en­ said that it is "a qualitative in the future. and carefully evaluated. I a ccept her editorial jurisdiction. T he viable one. During her third pressure rather than the high The privilege given to evening that assurance. To do otherwise f ~ urth evaluation was made by pressure of a large corpora te year she was one of the Second ses.sio.n stud-ents to submit their would be to. ascribe to the ed­ either the Editor-in-Chief or the firn;,... She is more likely to be Managing Editor (and some­ Circuit Review editors on the papers by September 26 rather itors of the Law Review an in­ deeply involved in one case times by both), each of whom Law Review, and. at- the' same than September 19 was, I am tellectual dishonesty which I than to have half a dozen re­ ~ time, clerked for New York s.atisfied, extended out of a be­ would vigo.rously reject. read approximately papers. quests for memos thrust upon Due to the extreme delay in Court of Appeals Judge J acob lief that the evening student Finally, the suggestion that I her . . issuance of class ranks this sum­ fuchsberg in the judicjal clinic would be more sorely pressed appraise the worth of all case mer, the Law Review was un­ p·rogram. In ;Iddition, she grad­ At the end of her year with for time and would welcome th.e comments submitted by the able to begin the summer writ­ y..ated number one in her class. J udge Moore, Shevitz hopes to additional week. The different evening students is an unten­ ing competition until August 15. Commenting on her achieve­ obtain a position in which she due dates were not calculated to able one. The Law Review B oard Since it was deemed necessary ments in law school, S hevitz can develop her litigation skiDs, identify pap.ers submitted as be­ of Editors is fairly autonomous to allow at least o.ne month for said that "the time that I took perhaps with the U$. Attorney's ing either day or eveJ;ling pa­ and exercises its own editorial the competition, the participants off from schoo.l helped me in my office. pers. It was agreed tbat in the judgment. So long as that judg­ were required to complete their: outlook toward the law." She She also considers teaching future, evening session students ment is exercised honestly and papers after the school year had thinks that experience in life is law one day. However, even would be given the option to objectively, and I am satisfied begun. In an effort to allow essential in the applicatio.n of though her plans for the future submit their papers on one date that it is, I see no basis for con­ evening students to compete on legal theories to the facts en­ are indefi n ite, it's apparent that or the other or the same due stituting myself a supreme edi­ an eq ual basis of real time, e countered in cases. she has, after a ten-year search, date will be set for all submis­ t01'ia1 arbiter even if tha t were Law Revi-ew impo.sed a later S hevitz consid ers her educa- found the righ t professio.n. sions. fea.sible. deadline for evening students than that for day students. It was in express recognition ot aceD and Vanzetti Still Stirs Controversy the addi tional demands on eve­ ning students' time of continu­ By HOWARD COHEN either excluded by a biased trial ing with employment while at­ "The execution of Nicola Sac­ judge, suppressed by a convic­ tending classes and writing in co and Bartolomeo Vanzetti tion-bent prosecution, or inten­ the competition, that such an ac­ Inarked the death of the Ameri­ tionally and/ or negligently no.t commodation was made to en­ can dream of immigrants who introduced by a confrontation­ sure fairness - the exact op­ came to the United States oriented defense counsel who posite of prejudice. Assignment searching for a better life. They preferred to "win his case in o.f cases for the competition came to the United States and the streets" rather than in the also, in most cases, distinguish­ found the type of justice they courtroom o.n technical grounds. ed between day and evening thought they had left behind in One significant suppression of students. This was done to fa­ their native countries." This is evidence cited by Feuerlicht cilitate the evaluatio.n procedure, the opinion of Roberta Strauss concerned the disappearance of the first stage of which required Feuerlicht, author of Justice fingerprints recovered from the editors to read all submitted Crucified: The Story of Sacco getaway car used in the crime. comments on a particular case. and VanzeUi. It had been announced that the After all individual evalu­ F e uerlicht, a noted authority pol ice were going to compare ations were handed in, final de­ on the case, made her remarks the recovered prints to those of cisions on publishability were during a lecture sponsored by Sacco and Vanzetti in order to made at two all-day meetings the Italian-American Law Stu­ make a positive identification. on the weekend of October l. dent Association and held Tues­ However, the results of the These meetings were attended day, November 15. According _ Photo by Ken Shiolani Roberta Strauss Feuerlichi speaks on Sacco and VanzeUi. comparison were never re­ by those editors who had been to Feuerlicht, Sacco and Ven­ vealed. The fingerprints were responsible for evaluating the zetti's execution was just as Bolshevik movement. there were 'five men involved in never offered into evidence at bulk of the papers: the Com­ much a miscarriage of justice on Dur!ng her talk, Feuerlicht the crime, Sacco and Vanzetti the trial. Feuerlicht s uggests ments and Second Circuit Re­ the part of their attorneys as it discussed the facts of the case, were the only two alleged per­ that the reason the p rosecu­ view Editors, the Managing was on the part of the prosecu­ as she has come to know them, petrato.rs ever tried. Seven tion never introduced the Editor, and the Editor-in-Chief. tion. She feels that while the pointing out glaring injustices years later they were executed. prints as evidence, and the At least one, and usually two, o.fficial charges may have been and inconsistencies which h ave Acco.rding to Feuerlicht, Sacco reason they were removed o.f the evaluators o.f each paper, murder and robbery, the real been uncovered over the years. and Vanzetti were convicted on from the files is because the therefore, was physically pres­ "crime" for which Sacco and The case revolves around the . evidence that was largely fabri- prints did not match those ent at the meeting where that Vanzetti were executed was 1920 robbery and murder of a cated by the prosecution. Fur­ of the defendants, and that such paper was considered. All evalu­ heresy, for being avowed an­ payroll guard in South Brain - thermore, she charges that information, if discovered, might ations were read and consider- archists and having links to the tree, Massachusetts. Although strong exculpatory evidence was (Conti1lued ()-tT Page 4 ) (Contimud (J1J P"ge 4-)

Published by BrooklynWorks, 1977 3 The Justinian, Vol. 1977 [1977], Iss. 7, Art. 2

Page Four IUSTINIAN Thursdav. December 1. 1977 ; Pr1of. Johnson to T1each at Tulane Law School . By SANDY K. FELDMAN was becoming increasingly im­ five new profes ors were hired for bringing about these sweep­ portant to his law firm, which in addition to Prof. Johnson. ing changes, though he claims Professor George W. Johnson wanted to offer sound advice to "The school was moving out of they began with Dean Lisle's ha announced that beginning in its clients who were interested the past and into the future. new administration. It is pos­ January he will be taking a one in developing land in a region And for young law teachers that sible, he suggests, that Dean semester leave of absence from which was becoming increasing­ was good." There was an oppor­ Lisle himself was responsible. Or Brooklyn Law School to assume ly wary of uncontrolled growth tunity for young professors to that the trustees, faculty, and a post as Visiting Professor at and development. Special ex­ teach courses in which they had student body recognized that the Tulane Univerity School of pertise was needed on the part a special interest. And this such a change was appropriate Law in New Orleans. of the attorney engaged in this would probably not have been at that time. Or, it may have In a recent interview conduct­ ort of work, and, for this rea­ possible at another law school. been a combination of all of ed in his office, Prof. Johnson son, Prof. Johnson - who was For Professor Johnson, this these factors. discussed his background, his already acutely interested in meant an opportunity to teach During his semester at Tu­ chief legal interest, and his ex­ the question - was sent to New Land Use, a course which had lane Professor Johnson will be perience at Brooklyn Law York by his firm to study this never before been offered at teaching Land Use and Common School. problem in the New York Uni­ BLS. In addition to this course, Before coming to New York Law Property. (Because they're versity Law School Master's he taught property and equity in a Civil Law jurisdiction, Tu­ 1n 1972, Prof. Johnson practiced program. his first year. Since then he has law with a medium-size firm in lane students have to choose be­ While at NYU Law School, also taught Trusts. Orlando, Florida, the city where tween two distinct tracks - he worked with Professor John Professor Johnson feels that Common Law or Civil Law.) he was raised. Most of his legal D. Johnston, Jr. on a collection BLS is still going through the George Johnson was born in work involved real estate and of land use materials which estate planning, where he be­ changes that began shortly be­ New Cas tie , Pennsylvania, eventually developed into a text fore his arrival. "Brooklyn had Pholo by Ken Shiolani where he lived "for three gan to encounter many land use of which Prof. Johnson is co­ PROF. GEORGE JOHNSON a parochial reputation, and rep­ weeks" before moving to Or­ problems. It was an area of the author. Although Prof. Johnson utation die slowly. But, I think until recently did not look with lando, Florida. He received his law that developed a special had intended to return to prac­ that's begun to happpen." As favor on the prospect of hiring undergraduate education at Da­ meaning for him. Florida was tice in Orlando after earning evidence of this, Prof. Johnson BLS alumni are beginning to vidson College in North Car­ beginning "to get sensitized to his Master's, the work on the offers the fact that whereas re­ think differently. Prof. Johnson olina and then served for two raping the land. I guess I got text interested him in teaching cent BLS graduates rarely is confident that these former years with the armed forces. somewhat sensitized, loo," he law. When he was offered a clerked for federal judges in students will do well in their After earning his law degree at said. faculty position at Brooklyn He was particularly moved by the past, quite a few are doing new positions, and that the ef­ the University of Florida School Law School in 1973 he accepted. so now. Also, for the first time, fect will be to encourage em­ seeing land which "was pretty of Law in Gainesville, he c1erk- . Before arriving at BLS, he a significant number of students ployers to look to BLS again to and in an open area where a lot "probably had the same biases ed for Chief Judge O'Connell of of people could enjoy it," and are coming to BLS with the in­ see what else it has to offer. that most people had looking at the Florida Supreme Cow·t. He then eeing this land after resi­ tention of practicing outside the Prof. Johnson is uncertain as Brooklyn Law School. But there state. And major firms which to whom the credit should go and his wife live in Cobble Hill. dential development with the was something going on here, inevitable shopping centers and and I think that's what attract­ no good because, "They were ecution, many other notable other support facilities which ed me to Brooklyn." What was Commies, they were Bolshe­ persons both within and from clustered around it in random "going on" was a new Dean Sacco & Uanzetti viks." without the legal profession fashion. He was bothered by who was interested in getting (Colllill ucd from Page J) After conviction, Sacco and have worked to clear the name this unsightly use of the land, BLS into the American Asso­ have led to either an acquittal Vanzetti's case went up on ap­ of Sacco and Vanzetti. Their ef­ and he started wondering "how ciation of Law Schools; updat­ do you predict that's going to or a successful appeal. Many peal eight times. However, each forts culminated this year, when ing the curriculum; and reduc­ happen? And how do you pre­ other questions, too numerous time the case was returned to Massachusetts Governor Michael vent that from happening?" ing the student-faculty ratio. In to mention here, also exist. the original trial judge, who Dukakis issued a proclamation An answer to this question con nection with this last goal, Feuerlicht suggests that as had - according to Feuerlicht stating, in effect, that Sacco aliens, Sacco and Vanzetti ap­ - shown open bias against the and Vanzetti did not receWe­ peare~ to · be easy targets for defendants. Moreover, Sacco fair trial. The proclamation is conviction in the WASP Mas­ and Vanzetti were executed now on display in the Brooklyn Two BLS Profs. Argue sachusetts of the 1920s. The era while their final appeal was Law School lobby. However, was ripe for attacking immi­ still pending before the Su­ controversy and resentment still Before Supreme Court grants and dissidents. The years preme Court of the United exist within Ma sachusetts con­ following World War I have States. No one was willing to cerning the case, and the Mas­ Prof. Chase's advice to aspir­ (Continued from Page 1) been noted historically for their grant a stay of execution so the achusetts State Senate has ing Supreme Court advocates: BLS students followed Prof. reactionary tendencies during appeal could be heard. passed a resolution condemn­ "Whatever you do you must be Chase to Washington to hear what has been termed the "Red Over the years since the ex- ing the Governor's action. his argument. He was pleased well-prepared." Prof. Sheridan, Scare," when the country was that they came, and felt it dem­ also a first-timer in arguing at permeated with the paranoia of onstrated a sense of community the Supreme Court, suggests Bolshevism. between the faculty and stu­ visiting the Court and watch­ SB A Budget Passed dents. ing others argue first. Indeed, according to Feuer­ When asked if he ever hoped During the Monell case, all licht, transcripts of the case in­ (Conti11ued from Page 1) was originally requested "in to appear in front of the Su­ the justices were present; Jus­ dicate that the majority of the cent of the total budget funds good faith" by the various p eme Court while he was a tice Brennan missed part of the prosecution's examination dealt would not deny representation groups nee din g convention ludent at Yale Law School, argument but will participate with the background of the de­ at conventions, but merely limit funds. the number of representatives Prof. Chase answered in the in the decision. Prof. Chase fendants rather than the merits The am unt allocated to con­ affil·malive. "I wa· always in­ found Justice White particular­ of the case. She stated that the to be sent. ventions was the result of com­ The majority of the Delegates 'teres ted in the public aspect of ly familiar with the record and prosecution repeatedly empha­ promises from both sides. No favored the 15 percent alloca­ 'law, and those questions that are thought he asked inci ive ques­ sized to the WASP jury that on is perfectly satisfied. Some tion. They felt that representa­ important to the public inter­ tions. Justice Rehnquist, too, Sacco and Vanzetti were Italian delegates feel that there is a immigrants, not American citi­ tion of Brooklyn Law School at est find their way to the ~u­ inquisitively probed the weak­ need for consistent guidelines to national conventions serves the pl'eme Court." nesses on both sides of the case. zens; that Sacco and Vanzetti determine future convention entire S"chool in terms of pres­ A couple of the justices ap­ were admitted anarchists and funding. The important issue's tige. It wa also pointed out that peared to be somewhat unfamil­ that they had links to the Bol­ solution will not be simple, shevik movement. It appears membership in these groups are iar with the record, but general­ largely because particular con­ that this ploy had the desired open to all. And lastly, as ex­ ly Prof. Chase found the bench ventions mi ght be in New York effect. Aftel' the trial, the jury pressed by Del gate Deborah to be fairly active and attentive. City one year and in Los An­ foreman was reported to have Lastly, this figure mor.e accur­ Prof. Sheridan felt that all the geles the next. justices were reasonably famil­ stated that the defendants were ately reflects the $4,500 which So 111 e Delegates expressed iar with the case but "no one feelings of having been, as Dele­ stood out above the others." gate Michael Heavey put it, Was there any animosity in Dean Responds "railroaded" by the Finance facing a fellow profes or before Committee. SBA President Joe the Supreme Court? Prof. Chase (Colllillurd from Page J) had no id a which comments ed; disputed points were de­ were submitted on "evening Porcelli, for one, feels that this found the situation "gl'eat" for attitude is unwarranted. The bated; where helpful a new, cases" and which on "day the image of the Law School, F inance Committee meetings composite evaluation was made; cases," largely because they had while Prof. Sheridan commend­ were open to all interested Dele­ and the actual comments, or read the bulk of the papers not ed Chase on being "an able ad­ gates, so there was ample oppor­ portions thereof, were often re­ according to subject case and in versary" and jokingly added, tunity for input. Also, some "but I don't wish him luck!" read at the meeting. uch a volume as to dilute the The final decisions were made importance of when any particu­ Delegates said it should be re­ The decision should come membered t hat compromises down within two months of the without any knowledge c..f who lar comment was submitted. the particular authors were, all Furthermore, two of the seven have been made by all interest­ argument date. When question­ ed parties. ed about the possible determi­ authors having been designate1 members of the editorial board Pholo bv Ken Sh iolani solely by number. There were who attended the decision meet­ The Finance Committee pro­ ; PROF. L. KEVIN SHERIDAN nation, Prof. Sheridan quipped, "I've stopped betting on the no differentiations made be­ ings are themselves evening stu­ cedure for determining SBA On the other hand. while at horse and the outcome of ap­ tween day and evening student. dents, certainly unlikely to ex­ budget allocations is new at The sole distinguishing factor BLS. The Delegates felt that he the University of Michigan Law peals." On a more serious note hibit prejudice against evening : School Prof. Sheridan never was that day and evening stu­ procedure is more expedient students even were they aware expected to go into litigation - Prof. Chase concluded, "A civil dents had not written on the than the old procedure, and- it let alone argue before the Su­ rights case in front of this court same cases. Those attending the of the status of any particular allows the Delegate ·Assembly to prem Court. will be an uphill figh!." final decision meeting. however, author. use its time more efficiently. https://brooklynworks.brooklaw.edu/justinian/vol1977/iss7/2 4