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11-16-1989 Hastings Law News Vol.23 No.5 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.23 No.5" (1989). Hastings Law News. Book 174. http://repository.uchastings.edu/hln/174

This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. l_ ·'IJa!...... ••. ｾ＠ ;,111-,.. Ｎ ｩｾｉＧｉＢ＠ ｨｬｾ＠ ｾ Ｎ＠ - ｴ ｾﾷ ﾷﾷ＠ I r J tlHlfl'ltil""... . .I.'nl.hl " ... ｾＡｮＡｾＡ［＠ ｉｊＡＡＡＡＮｴｕｈ､ｩＡｩ［ｬｮｩｾＺｾＺ＠ ｾ ＺＮ＠ . Ii flUUllll!!llilflliili ｾＡＡｲｈｩｩｦｊｲｩｩ ［ ｾ＠ ＺＮｾ＠ ｾ＠ h!r Hih'h ... ｾ､ＡＡｕｈ､ｨｬ＠ 5 'g ·g I ｉｬｾＧｦｬｴｊＧＱ＠ IfllllllJlsa.f Jllill-((Q . I·05 .. ;1 ;'11')llr i.Jfia '_fA t''= t .} II sa. I f tit lsi [ "t I: .. Do ,_ _ ｾ＠ II ｩｾＡｬｬｬｴｬｬｩｩＡｩＡＧＡｬｬｴｩｩ［ｬｴｦｬｬ＠ itlll' Page 2 Hastings Law News November 16, 1989 Conflict over Habitability of College-owned Buildings Continued/rom Page 1 mend to the Hastings Boarq of age? At least half of the detailed to leave people in structurally work following the quake, were findings with the "green tagging" Directors that the buildings be report [by the College-hired engi- unsound buildings," Read stated. working under serious time con- by the city, Curry stated that if the demolished due to the prohibitive neers] discusses defects like dry "We had no other choice than straints and had been wrong about city inspectors had only inspected cost of refurbishment. Schwartz rot, water damage and cracks in eviction after receiving the engi- the structural soundness of other the basement and frrst floors, as says Levine implied to her that, the side walls, which were there neer's report," Board Chairman Hastings properties on McAllis- indicated in the city report, they since the Board's next meeting before the quake. Why doesn't James Mahoney told the Law ter Street would not have found the struc- was not until mid-December, the report distinguish pre-exist- News. He stated that the College Frank Chui, chief building tural damage. . GAAP could remain at the Golden ing problems from those which "had to use as much power as inspector for the city, told the McAllister Buildings Gate space until thirty days from resulted from the quake?" possible (pursuant to the lease) Law News that he had no specific The College's West Block January 1. Claims by GAAP that the with which to remove tenants," records on the Hastings proper- buildings facing McAllister In light of the November 2 College was using the quake as an due to the College's serious expo- ties, but that most of the inspec- Street, which house apartments, conversation, Schwartz says she excuse to demolish their building sure to liability if tenants are al- tions in the weeks following the did not sustain structural damage was dismayed when Levine were the subject of a page one lowed to remain in an apparently quake were "quick assessments," and are in "fair shape, except for phoned her November 7 to say article in The Recorder on Tues- unsafe building. many of which were conducted their facades" from which pieces that GAAP would be required to day. As to what extent the engi- by volunteers, and which proba- have fallen, Curry reported. The vacate the building, effective Schwartz says that GAAP neering report reflects conditions bly would not have included the McAllister Street buildings fared immediately. GAAP was then hopes to arrange its own inde- pre-existing the quake, Mahoney upper floors of buildings. He bener than their Golden Gate Ave. served with a Termination No- pendent structural inspection of responded, "who cares? I don 't indicated that the city's position counterparts because they were tice, dated November 9, request- the building, but that the college think we were focusing any atten- is that owners should hire inde- build more recently from "rein- ing GAAP to "immediately sur- requires that Hastings engineers tion on [the condition of the West pendent inspectors. forced concrete" he stated. They render" possession of and keys to be present at any inspections of Block prior to the quake]. We G AAP in search of new space are better than the brick build- thebuilding,pursuanttoan "earth- the property. now have an engineering report Moreover, Hastings admin- ings, but still appeared not to be quake clause" in the lease. Angry College Response with which we have to deal." istrators told the Law News that up to code, he indicated. ForGAAP,anon-profltdrop- GAAP's claims that the Calling GAAP's allegations the school has made handsome GAAP Evicted in legal clinic serving the needs of quake is an opportunistic excuse "inappropriate at best," Levine efforts to find an altemati ve space According to Claire impoverished adults in the North for demolition are "outrageous stated, "we are responding to a for GAAP. Read stated that the Schwartz, director of the General of Market area, the school's be- and simply wrong" according to dangerous situation. Peoples' College was interested in helping Assistance Advocacy Project havior has come as a bitter blow Dean Tom Read, who accused safety is at stake." Levine noted GAAP relocate and has "bent- (GAAP), the tenant of the 363 - and one fueled, in their view, those leveling such charges of that as a local landlord, the school over backwards" in finding office building, GAAP was contacted by questionable motives. "playing politics of the worst has a duty to exercise due dili- space in Hastings-owned proper- by Hastings Facilities Manager Asks Schwartz, "Why were kind." gence in inspecting its buildings. ties. "We're interested in cooper- Ed Levine on November 2 fol- the [city] engineering reports "Oui first and foremost con- In explaining why the Col- ating to assist GAAP to find alter- lowing the private inspection. substantially the same for both cern is safety ... and the engineer- lege's assessment differed from native space, and expect the same Schwartz says Levine told her buildings? Why didn't the city ing reports were so serious we that of the city's, Levine stated cooperation in return," Mahoney then that he planned to recom- see any substantial quake dam- decided that it was irresponsible that city engineers, deluged with Continued on Page 15

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Restaurant Scene Reel Time Check Out These Tomatoes "Crimes and Misdemeanors": ounce glass. We were off to a even more novel, including The Plot That Failed By Philip F. Sinco good start. "Lemon Garlic Chicken and vege- tion between the characters in the OPINlONS EDITOR We were eventually seated tables with herbs," "All White: Greg "Joe Bob" Zlotnick two stories within the movie is STAFF WRITER around 12:45 and were faced with cheese, roasted garlic and that the brother-in-law of the film It's Friday, you went to your a tempting variety of standard carmelized onion," "Smoked The double feature is back. maker is the physician's rabbi. lone class, or don't plan to go Italian fare as well as some un- Chicken with cream of pesto and Woody Allen's new release, Other than that overlap, the sto- anyway. You are hungry, maybe usual twists on the basic themes. yellow peppers," and "Chicken "Crimes and Misdemeanors," is ries are completely independent. a little "thirsty," and you want to The menu boasts three types of Apple Sausage with cheese and two films in one. Unfortunately, Martin Landau gives a stun- eat lunch somewhere you've never pizza, New York style (thin crust), red sauce." The Roman style ning, Oscar caliber performance been. Cafe Tomatoes may be just only one of the two is worth see- pizzas were baked on an unusual, as the troubled physician whose the place you're looking for. Cafe ing. almost grainy bread, with Roma indiscretions include questionable Tomatoes, located near the cor- tomatoes and a choice of ingredi- money management.as well as ner of Third and Folsom streets ents such as "wild spicy greens," infidelity. Angelica Houston is near the Financial District, spe- "Italian meats and greens," and convincingly hysterical in her cializes in pizza, pasta, antipasto "tuna, artichoke and red peppers." portrayal of Delores, the lover and contadina. The atmosphere One member of our group or- scorned for seeking the brass (or is pleasant, although perhaps a dered the New York style "Vege- gold) ring, i.e., she wants to come little "yuppie," and the food is tarian" with yellow pepper, egg- clean to Landau's wife. excellent. plant, garlic and onion. As an Landau's character, Judah, is We arrived at Cafe Tomatoes appetizer, we ordered the Roman shortly after noon, which was a a paragon of high society correct- style pizza with feta, tapenade, ness. Successful both in his big mistake. The place was olives and herbs. There was some packed, but fortunately none of us medical practice and family life, disagreement within our group as he is honored for his contribu- were in a hurry. We decided to to the quality of the pizzas, but tions to the community as the film wait at the bar. The waitperson ｾ｡ｬｩｦｯｲｮｩ｡＠ style (pan pizza), and then again, there wasn't any left One story concerns a wealthy opens. All hell breaks loose, asked me if I wanted the "small" Roman style (like an open face when they took the plates away. philanthropist physician who is however, when Delores threatens or "large" draft. Assuming that sandwich piled high). The New As appetizers, we ordered trying to manage an extended to bring his world crashing down the "large" meant 16 ounces, I York style pizzas included an "Red Clam Chowder," "Fried affair with a neurotic mistress. around him. Her revelations ordered the "large." Much to my unusual special, "The Greek," Polenta Sticks" and "Fresh Baby The other plot line involves the would be about a 9.0 on his per- surprise, and subsequent pleasure with eggplant, onion, ricotta, Ipswich Clams" fried and served schleprock life of an unemployed sonal Richter scale. Judah's de- the "large" turned out to be a 22 groundlamb,cinnamon and spice. with garlic mayonnaise from the documentary film maker. Guess liberations regarding what he The California style pizzas were antipasto section. The Ipswich who? The very tenuous connec- should do and the subsequent soul Fiction Continued on Page 12 Continued on Page 12 The Young and the Marketable: The Final Cha-pter thought of the prospect. As Bart poured out the rela- By Ray "Ipsa" Loquitir Bart's mother about how they had mirror if I let go of that one great tried to be good parents, Bart's But somewhere deep inside love that only comes once in a tively meager contents of his heart STAFF WRITER father was ready to pronounce him, in a part of his conscience lifetime? to her, Margarite stood quietly, Bart Gordon III was no sentence. Bart braced himself for rusty from lack of use, Bart began Caught up in the heat of pas- not saying a word. Bart wasn't stranger to tense family scenes. the worst. to rebel. Here he was, the spoiled sion, Bart momentarily forgot that sure, would she have him back? From the first time he had spit up "Listen, mister, the upshot of rich kid, letting his family run his yes, in fact, he could throwaway But when he looked into her eyes, his formula on the the plush leather all this is that if you see Margari te life. He felt like acharacter out of her love for nothing more than an she smiled sweetly and stroked uphostery of his mother's Jaguar, one more time, if you slip up an ABC Afterschool Special, ostentatious lifestyle, and that he his hair. to the time he had come home again, you are cut off, you are where rich kids like him were had managed to look at himself in "Oh, Bart, darling, I don't from the Junior Businesspersons persona non grata in this family. getting pushed around by their the mirror after doing far worse know whatto say," she whispered of America summer camp facing You might as well change your things than letting go of that one softly in his ear. "You're not like 14 charges of securities fraud and last name, at least on your check- "Remember Bart, I'm great love. But at that moment, anyone I've ever gone out with. stock manipulation, Bart had ing accounts," Bart's father said. more than your father- filled by unfamiliar emotions, You've got that special something, grown used to the rough brand of that certain style, that way about "Remember Bart, I'm more than I'm your trustee." Bart's heart, which, like the justice that was meted out in his your father-I'm your trustee. Grinch's, had always been sev- you that makes you ... an abso- father's drawing room. Don'tgive me any reason to doubt eral sizes too small, suddenly grew lute prick!" " domineering parents, letting them But Bart had the feeling that you." several sizes too large. Then, in one motion, Margar- choose their friends, and how they this disciplinary session, con- On the flight back to San Fran- When Bart showed up at the ite did something which brought eventually had to tell their parents vened shortly after Margarite's cisco, Bart still shivered involun- Beach after his flight, with love in Bart out of his reverie, imperiled where to get off. Maybe just this impromptu introduction to his tarily as he thought about his fa- his eyes and flowers in his hands, future generations ofGordons, and once he should forget about the family, was different. There was ther's threat. Ifhe was cut off by he was a changed man. And when left Bart doubled up on the pave- money, forget about his family, a wild, almost homicidal gleam in his family he would lose the he caught Margarite' s eyes, t.e let ment, feeling sorry for himself. and strike out on his own. his father's eye as he tersely cross- BMW, the apartment on Russian out a little yelp and bounded over Margarite calmly dusted off Then Bart remembered Mar- examined his son. And the rest of Hill, and all the other nice things to her in an uncharateristically her knee, politely acknowledged garite. Dear, sweet Margarite. the family cowered a little more he had never worked for. He kept undignified fashion. the enthusiatic applause of the WassheorwasshenottheWoman than usual at Bart's weak and having this image of himself, liv- "Oh Margarite, dearest, please onlookers, and walked away. of My Dreams when I first saw unconvincing replies. ing in a residential hotel in the forgive me," he said breathlessly * * * her just a few weeks ago, he After a roll call of the various Tenderloin, wearing soiled old as he wrapped his arms around There were a couple of rea- thoughtangriIy. How can I throw stains on the family honor which vest sweaters and tattered Top- her. "I've been such a fool ,letting sons why Professor Murnble- away her love for nothing more would be credited to Bart's in- siders, and cleaning toilets at my materialistic impulses get the thorpe shifted uncomfortably in than an ostentatious lifestyle and volvement with Margarite, and Carl's Jr. to pay tuition. Bart better of me. Now I know that you his seat as he waited outside the everlasting fmancial security? an obligatory teary interlude by actually began to whimper as he are my stocks, my bonds, my most dean'sconferenceroom. Onewas How can I look myself in the treasured asset." Contillwd Oil Page 13 November 16. 1989 Hastings Law News Page 7 Music Review The Stone Roses: A Blast from the Past Question People By Alisa Shorago and Jenn Chmura By Tracy Thomas (rec ycling?) these incredible fuzz- me. Their music is fun, uplifting, ST AfP WRITER tone pop hooks, so catchy and and a dynamite listen: I would What issues drew you to the polls? bouncy they'n leave you singing like to hear more. For The Stone Roses, the old lines in your head for days . • The Smithereens saying "what goes around comes Squire's guitarplaying is inspired; The Smithereens are one of Karen Ciesar, around" has special significance, he plays in a folksy, often acous- the hottest live bands playing these 1st yr. as their mu ic sounds so much tic style that calls to mind the days, and I've been a loyal fan "The domestic partnership like many bands of the mid-to- chiming guitars of the Byrds, and ever since seeing them light up proposition. I think it's very late 1960's that it's frightening. fits Browil's ephemeral vocals the Fillmore a year ago. They important because it Listen closely and you'll hear perfectly. sound like just what they are, a encourages domestic resonances of groups like the This isn't to suggest that the New Jersey bar band made good, stability with any kind of Beatles, the Hollies, the band plays folk music, for The and manage to avoid any resem- couple, heterosexual or Yardbirds, the Byrds, and even Stone Roses thriveon an up-tempo blance to Huey Lewis and the homosexual. It properly the Monkees. The Stone Roses brand of rock-n-ron. The band is News (thank God). For those of addresses the problem of must have boarded their time- morethanjustacollectionof'60's you who are not familiar with The AIDS and our ethics today machine just as the first shots clones, however, and their songs Smithereens, it's truly a struggle and is flexible and open- were being fired in the British are more than just Herman's to find other bands with which to minded: Invasion, set the dial for 1989, Hermits copies. A lot of modem compare them. Their style is so and piled out looking for a place touches show up on the album. unique, that ifonekoows the band Brian Whitten, to plug in their amps. These guys For instance, in 1967 no one was at all it's a simple task to identify 1st yr. are so sill ties-pop oriented, one doing things like the sophisticated a Smithereens song in about four "The ballpark proposition. wonders if the album isn't an drumming and bass lines on notes. In their latest release, J1 , want to see a new ballpark elaborale practical joke: especially "Elephant Stone" or "Bye Bye they avoid breaking new ground downtown. There's in a song like "Elizabeth My Badman." The interplay between and instead opt for ten songs nothing wronQ with Candle- Dear," which is damn near a note- the playful surface pop music and wholly within the boundaries the stick; I just think it would by-1IOIe rip off of Simon and the imbedded and more subtle band established in Especially for be a positive move for the Oarfunkels 's "Scarborough Fair." variations is simply fascinating. You and Green Thoughts, their city, especially after the By the end of the album, though, I'll confess to knowing little frrsttwo albums. earthquake, to go forward it doesn't m811er if it is all is a about The Stone Roses, other than This isn't necessarily bad, for with new projects like the joke, because the music is de- that they are British. The album as the saying goes, "if it ain't downtown ballpark." lightful. feels like a fust effort, but if any- broke,don'tflJ( it" Jim Babjak's John Squire and Ian Brown one out there knows of other re- signature sonic guitar riffs in 1 J Genevieve Chestnut, have a real talent for writing leases by these guys, please tell COM,uud 011 Poge 13 3rd yr. Bar Review "Propositions A [bonds for public building safety), H [leave for catastrophic Pseudo-Irish Pubs in the illnes), P and S, although they aren't equal in impor- Richmond: Erin Go Bar tance. I think that the domestic partners proposi- By David Glitzer their books, set off for the city on top, left to mix delicately cre- limits. That is, we passed Ma- ating an amazing hop concoc- tion is more individually STAFF WRIT1'Jt sonic into the Richmond, the tion. For three bucks each we got important to people, and Last Saturday, Ogg, Mario, pseudo-suburbs of San Fran. We prompt service from a banender Proposition P is more for and yours truly were hanging out, decided to start 81 Park Presidio with a slight Irish accenL Unfor- the communrty." watching some college football, and Geary, and work our way tunately the beers were weak. The (It' fall, you law school bozos, back. Why? No reason. Life's Guiness hadn't been floaLed as football rules S81urday and Sun- like that sometimes, isn't it? required but shot into the glass at David Swisher, 2nd yr. day, studying i for wimps.) A shan walk brought u to the high pre ure, ruining the mill. "My main reason IS that it's Somehow we became embroiled doorstep of our first stop, Roclcy Oh well, we stayed long enough important to vote In all in an intricate philosophical de- S¥Jlivan's. A deep breath, a to listen to most of the Meatloaf elections; it's a civic duty. bale, one that would have intrigued prayer, and we entered. Let's put "Bat out of Hell" album. Not a the main issue for me In this Socrates, Pl81O, and even Jimmy it this way, big, thi place i n'L bad place to have a beer but we particular election, even the Greek. The ubject was this: Imagine putting a bar in one of the had better places to be. though I don't think It'S a could Colorado beat the kumquats Tower efTIciency "suites". But The Abbey Tavern was the burning topic, is the ballpark outof'l Notre Dame. Sideswete hey, that's okay, it makes the place next joint on our hn parade. proposillon. It would be nice taken, theories ellpounded, the kind of intimate. In one comer a Located around 6th and Geary, to have a downtown ball- blackboard was fined with corn- nice little fake fire w ｾ＠ pull put- the Tavern i the oppojte of park, whICh would make rt plicated equations using quadratic ling in the fake fueplav ' In an- Rocky' . We walked into a large easier to go to games. Also, formulas and quantum physics. other comer 8 nice little duo was open room. There were (wO It would be kind of OIce to Ofcourse nothing was solved. but playing Irish folk song mixed danboards, both 10 use,andapooi take Muni to the game." one good thing did come from the with pop covers. Rocky' only table with a two hour wall to hit discussion. We decided to roam has three real table and a couple the _late. The jukebox was rock- John Crawford, through the Richmond, quaffing of tandee . All the pia es were 109 when we entered but ....'3S n 3rd Yr. brews at each pub along "Irish filled with the bright hining face pulled in f8\orofan Irish folk in- Row". oC.oLaw Jccz, college kid. ger who played from the mall "A feeling of responslbilrty, We waited until Thursday Checkingaround, we noticed that tage in the back of the room . and I feel that I should go night, making ure to get ahead in the clientele was mo tly college We $lepped up to the bar, next out and show support for all our homework 0 we could kids, with some older regulars to a guy who had alrc.1dy had PropositIOn S. I also want drink guilt free, if there really is thrown 10 as aChangeofpacc. We ｡｢ｯｵｬｬｷｯｫ･ｧｾｴｯｯｭ｡ｮｹ Ｎ＠ He was to vote "no" on P because I such a thing. Seven o'clock rolled could deal with this. as long as attempung to communicate san think the money can be around,our merry little band, fresh they served up a good black and \'owels and not doing a very good from classes, eyes stin fdled with tan. ow for them that don't job. so okay. I bought him a beer. better spent " sleep and faces still marked from know, a BandT is 8 half of glass We ordered black and tans. a where they had fallen asleep on ofHarp with Guiness stout floated COMllrud 011 P"I' 13 Page 8 Hastings Law News November 16, 1989 OPINION En Bane Letters to the Editor College can show its good faith that they can criticize the pro- tend to hire those who look and Last month's earthquake has handed the Hastings administra- Affirming Affirmative grams). The goals are twofold. think most like themselves. This tion an opportunity to demonstrate its proclaimed intent to deal Action In terms of affmnative action, is whyaconscious effort has to be openly and honestly with issues regarding the College's West we are asking admission commit- made to seek out those with diver- Block properties. Let's hope that the administration does so. Dear Editor: tees to expand the criteria for gent views and those who do not Because of controversies surrounding the College's past Dr. Martin Luther King, Jr. admission and to look beyond fit the set mold. conduct in acquiring and attempting to develop the West Block did have a dream that one day we LSAT scores and GPAs to other The purpose of affirmative (regardless of whether the present administration feels that the would all be judged by the con- identifiers of capabilities such as action and CDF are to overcome College has been fairly or unfairly treated), the College must bend tent of our character, not the color struggles that have been over- historical deprivation as well as over backwards to avoid even the appearance of impropriety of its of our skin. However, while his come, extra-curricular activities, to attempt to prevent present day conduct regarding the West Block. Further, Hastings is a publicly dream still lives, it remains just and the level of commitment to discrimination. How long will funded institution, and public institutions have an obligation to that, a dream. Were he alive to- the community, to your school these programs and groups be conduct their affairs in public. day, he would probably be very and to yourself. Opponents of necessary? Until we see past the Current College leaders have proclaimed their intent to oper- disappointed to see how far we affmnative action are notin favor color of someone's skin, and see ate openly and honestly in dealing with West Block. Thus far, there are from living that dream. Make of this because when "affmnative the content of their character. is no reason to doubt their resolve, and at this point we should give no mistake about it, racism is on action students" achieve, and are Until that time, I will continue to them the benefit of the doubt in demonstrating their good faith. the rise in this country. "Do the Right Thing." In the The General Assistance Advocacy Project, GAAP, is particu- To opponents of the Coalition words of Langston Hughes: larly worthy of support by theColJege, including its administration for a Diversified Faculty (CDF), I tire so of hearing people say, and student body. A volunteer, non-profit organization founded and opponents of affmnative ac- Let things take their course. and run predominantly by Hastings students, it has performed an tion, I ask this question: Is it Tomorrow is another day. extremely valuable and unique service to the community by accidental that the representation I do not need my freedom when assisting many of our impoverished and disenfranchised neighbors of people of color in institutions I'm dead. to assert their legal rights. An outstanding supplement to Hastings' across this country, as professors I cannot live on tomorrow's clinical program, though completely independent from the Col- and as students, is so abysmally bread. lege, GAAP demonstrates that law students can make a very low: If you believe it is acciden- Freedom substantial contribution to the community and to our Tenderloin tal, what is the cause? What is the Is a strong seed neighbors. likelihood of this "accident" being Planted GAAP is an organization of which the Hastings community remedied throughout this country In a great need. rightfully should feel proud. without some "affirmative ac- I live here, too. The Hastings administration should do everything it can to tion"? I want freedom. assist GAAP in finding and relocating to appropriate new quarters, If the current situation is an Just as you. and to ensure that GAAP has new permanent quarters close to the "accident", this suggests that College. Proximity to the College is important in facilitating everyone, when applying for a Kelly Dearman involvement in the program by Hastings students. TheCollege has job or for school, has been given Third Year successful, it calls into question begun to give this help, and should work strenuously to finish the a fair opportunity and the only Equal Protection Rebuttal job. However, GAAP in its turn must realize that disruptive as this ones (for the most part) who make the legitimacy of the established process may be, it is inappropriate to blame the College for a it to the fore are white men. We criteria (i.e. without affirmative Dear Editor, natural catastrophe which has devastated the lives of hundreds. know this cannot possibly be true action) and questions the credi- Mr. Williams' column in your Accusations leveled by GAAP and others of dishonesty by the becauseweseeexamplesofschol- bility of the whole process. last issue [Victor Williams, "Nor College in evicting tenants from unsafe buildings are precipitous ars of color on a daily basis who Admission to acollegeshould not Deny to any Person Equal Protec- and ill-advised. There is no evidence that the College has acted dis- do not get their proper recogni- be based solely on academic sand- tion," October 27, 1989) began honestly or with moti ves other than those of the safety of building tion and we often times remain ing, but should instead be based with the bold proclamation that occupants. A legitimate report by a respected engineering finn has unknown heroes. on a person's entire life experi- "[o)ur nation needs reminding that declared the buildings as structurally unsound. It is no "accident" that people ences. racism is the ugly product of small If a thorough inspection by the city confmns these findings, of colorremain underrepresented In terms of CDF, we are not minds which have even smaller and if the buildings, which are probably almost a century old, at institutions throughout this asking that the standards for hir- self-concepts." Upon reading this, cannot be refurbished at a reasonable cost, the buildings present a country at every level. It is insti- ing professors be lowered. We I immediately sensed an impend- serious safety hazard and should come down. This demolition tutionalized racism, plain and are asking that the administration ing "however." should occur regardless of what condition the buildings were in simple. The goals of affirmative take an affmnative step towards I was not long kept in anticipa- before the quake and regardless of the merits of various potential action, and of CDF are not de- seeking out potential candidates tion. Mr. Williams soon directed uses for the land on which they stand; these are separate issues. It signed to force an institution to of color. As an African-Ameri- his moral outrage against the evils is irresponsible to summarily dismiss, as have many community enroll a student or hire a professor can woman, I long for role mod- of reverse discrimination and els. I do not believe there are no groups, various potential uses for the property (be it restoration of who is incapable of achieving those troublemakers trying to foist existing buildings, low-income housing, high-income housing, (although this is how it has been "qualified" candidates of color. I it upon us. In particular, Mr. court space, or commercial) as inherently immoral or not in the used by those with the power so do believe, however, that people Williams is upset at the institu- benefit of the community. tion of "race-based and sex-based" However, what is essential to any future development plans policies designed to increase for the West Block is that the process by which such plans are made Letters to the Editor female and racial minority repre- is public and open to participation by various community interests sentation in those "institutions of including students, faculty, alumni, neighbors, the local judiciary, Letters are accepted from anyone but must be typed or higher education [that) should be and local planners. Hastings is really located in two neighbor- legibly handwritten double-spaced. Letters should be clearly sacred places ... devoid of big- hoods: the Tenderloin and the Civic Center. Any development marked as such and must bear the writer's signature, name, and otry." plans should reflect the concerns of both. telephone number. Frequent or lengthy contributors will be I feel compelled to respond to The challenge for the Hastings Board now is to deal with West limited to ensure that a forum is available to everyone. We Mr. Williams as I consider his Block plans publicly, in open session, and with the concerns of the cannot print letters without signatures, but names will be view to be all too prevalent. community in mind. More than ever, it is important for Hastings withheld upon request if the circumstances warrant such ac- Racism is not merely the product to be a good neighbor. GAAP has shown us an important way that tion. Letters do not represent the opinion of the Law News, its of insecure people as Mr. Wil- Hastings can be a good neighbor. Let's not forget that lesson staff, or Hastings College of the Law. liams seems to suggest Racism Colllillued Oil Pal' 14 November 16, 1989 Hastings Law News Page 9 Periscooe Audi Alteram Partem - Has the West Won the Cold War? Let's Establish the Rehnquist Lecture Series East and West Berlin could travel Unlike Poland and Hungary, By Philip F. Sinco become the most enthusiastic back and forth freely. Many West East Germany has not indicated OPINIONS EDITOR By Victor Williams Republicans." Berliners worked in East Germany that it wants to pursue free-mar- COL\JMl',1ST Professor Franklin even Lnes The Berlin Wall, a predomi- and vice versa. The economy of ket economic practices, but it is to jusufy the 1989 Miami riot nant symbol of the East-West likely they will. If they do. the the city was integrated. West Annually, Hastings hosts the with this racially divisive analy- ideological conflict, came tum- U.S. will certainly provide finan- Berliners routinely bought sup- Tobriner Lecture Senes. which SIS: "The Mlam I riOL... you've gOt bling down, figuratively if nOt plies in East Berlin because State cial assistance. West Germany honorsformerCaJlforniaSupreme Nicaraguans and Cubans pouring literally, during the night of subsidized goods were cheaper. will no doubt increase its trade Court Justice Tobriner with a in there and they're given prefer- November9, 1989. FUUJrehisLO- This practice, however. dealt a with East Germany. Theseevents lecture in his name. In the past, ence over blacks. and blacks are rians may point to that date the severe blow to an already falter- will breathe new life into the East as this distinguished lecture series left waiting at the gate, so to speak. end of the Cold War. Many are German economy. and don't think ing East German economy and has brought a number of speakers So you wonder why they ex- already claiming a victory for the that the GDR was unaware of the Wall went up. to Hastings, including Circuit plode?" WesL. The recent events 10 East Ironically, the recent GDR these posslbtlities. Judge Skelly Wright and Mr. Although I strongly disagree Recent events in East Ger- Germany. Poland, Hungary, and reform movement that has culmi- Justice Harry Blackmun. with the racially divisive views the Soviet Union raise questions many, in Poland, Hungary, and nated with the events of this expressed by Professor Franklin; about the future viability of the Soviet UnIOn indicate a vic- November was motivated by I will welcome him to Hastings as Communi m. Has the West won lOry of sorts for Western political similar concerns. The GDR has the choice of the Tobnner Lec- the Cold War? Before any cham- been humiliated of late by the values. Mikhail Gorbachev has lure Series. pagne is poured, before any pa- succeeded in bringing about emigration of thousands of its However, the selection of rades are planned, a sober evalu- nearly as much "revolutionary" citizens to the West. Its econom y Professor Franklin should moti - ation is in order. is in shambles and its citIZens are change m Soviet society as vate sludents. faculty and alumni The Berlin Wall was built by Lenin did. Gorbachev helped to discontented. In a desperate at- to create a second independent the East Gennan government., the make possible the destruction of templatsaving its own existence, lecture series at Hasungs. German Democratic Republic the Berlin Wall. Moreover, his the new government has taken the I propose the creation of the (GDR) In 1961 primarily in order perislroika and glasnost policies calculated risks of allowing more Wilham H. Rehnquist Lecture to prevent East Germans from have provided the foundation for freedoms, including free elections, Series. This lecture series will fleeing to the West. The Wall's the reform movements 10 the freedom of the press and the free- honor Mr. Chief JusticeRehnquist builders were also motivated by Communist Bloc. dom to emigrate. The GDR ts for his nearly two decades of economic. Before 1961, the East appl ying a little "reverse psychol- Lech Walesa and Solidarity extraoalinary publIc service to the and West Gennan borders were were able to wrestle control of ogy" by giving its citizens more nation and the Supreme Court. Poland's government from the not supervised and pre!>Cnted no freedom hoping that they wJ!l stay (Of course, thiS proposal is con- obstacle W persons wanting to go and participate in the reform Communist party, and have indi- tingent upon Mr. Chief JusLlce cated that they will move away to the West. In Berlin, citizens of movemenL ThtS year's Tobriner Lecture Rehnquist'sacceptanceof such a from Communism. Hungary, is scheduled to be presented in lecturesenes in recogOlLJon of his always the most "liberal" of the February by Professor John Hope public service.) Hastings Law News East Bloc countries has declared Franklin. A Duke University his- During his flfSt decade on the that it is "socialist" rather than torian, Professor Franklin is beSt Court, William Rehnquist was Editor·ln-Chief ...... James P. Ballanune Communist. The difference ap- known for his 1947 book, Up often vox ciamantis in deStrlO- Executive Editor ...... John C. Andrews parently means that they will From Slavery. In years past., In supportingconscrvative, tradi- Copy Editor ...... ChrisllOa A Dallon pursue a "mixed" economy, in- Professor Franklin had builLa solid tional jurisprudence. Presently, Features Editor ...... James T. Schmid corporating free-market practices scholarly reputation. he IS leading the emerging major- OplOlons Editor ...... Philhp F. Sinco with central planning. However, his views, as e)(- Ity on the Court In its rc toration Production Editor ...... Betsy Johnsen These events indicate that pressed in a recent Boston Globe of legitimate adjudicative stan- Photogmphy Editor ...... Jenn Chmura Western values have profoundly interview (February 26, 1989), dards. which are based on the teltt AdvcruslOg Editor ...... Nancy Clark influenced the East Bloc coun- are quite controversial, bordenng and origina.! under tanding of the Assistant Photogrolphy Editor ...... Joe Vadala Lnes. But do they indicate a vic- on the extreme. In that interview, Constitution. In additlOn. the Cartoonist ...... R. Janis McIntyre tory for capitalism? This is a Dr. Franklin maligns fonner Pres i- Chief Justice is now working to Contnbutors ...... Carol Christensen, Murray Corea, complicated question. Merely dent Reagan stating: "Reagan- reform ｴｨ･｡｢ｾｵｲ､＠ system of end- Alisa Dagan, Paul F. DeMc.cster, Paul Ganl, David because East Bloc countries pur- that man and that crowd-mean- less, collateral capital appeals. Glill.cr, Mary Jenner, Andrew Michael,DavePearson, sue democrauc reforms does not spirited, vindictive and negative. Modeled after the structure of JordonnaSabih, AlisaShorago. Tracy Thomas. Victor necessarily mean mata free-mar- All you have to do is look at his the Tobriner Lecture Serie: , the Williams, Vi kJ Wooden, Greg Zlotnick ket must follow. It might., but appointmemofjudges .... lt'sgiven Rehnqui. t Lecture Series will then again, mb:ed economies racism and racial aggression re- independently select an annual Editorial Policy Statement could become the order of the spectability at the highest level. lecUJrer who share William day. Who knows, they may even The Hastings Law News is the monthly student newspapa of the Reagan had virtually nothing to Rehnquist's commitment to judi- be more effective than an entirely do with blacks,excepta few pets." cial restraint, traditional legal Hastings College of the Law Signed opinion articles. when clearly capital [st econom y. In that case. marked as such. repre.

DeMeester Democrats' Viability Starts at Abortion smelled remotely liberal, until the states. Moreover, Sam Nunn and the states won by Dukakis (see nable. New Jersey and Ohio were By Paul DeMeester final campaign weeks, when, Charles Robb forget that a con- illustration) or wherein he lost by won by Bush with ease, which COLUMNIST trailing dismally in the polls, he servative Southern strategy may 8 % or less, yields 280 votes in the was somewhat surprising. The Ever since the U.S. Supreme admitted he too was a liberal and cost the Democrats the few votes Electoral College, enough for the next Democratshould not give up Coun decision in Webster v. proud of it. Unfortunately, the they get there now: those of Afri- White House. Dukakis lost by on those two slates. Reproductive Health Services lessons of 1988 seem to have been can American Democrats and two points in Vermont, Illinois, That leaves the question of (1989\ Republicans have been lost on the purported bright lights white liberals. Maryland, and Pennsylvania, a how the next Democrat is going most uncomfonable on the abor- of the Democratic party. loss wonh 62 electoral votes. The to pull off a win? The answer is tion issue. It may have cost them In the aftermath of the 1988 That leaves the question Massachussetts Governor lost by simple: by touting a liberal line, the mayoralty of New York and defeat, leading Democrats are four points in vote rich Califor- of how the next Democrat better yet, by taking the offensive the governorships of New Jersey setting their sights on moderate to nia, New Mexico, and Missouri, on liberal issues, such as choice. and Virginia. Now that the Su- conservative Southern voters - is going to pull off a win? wonh 63 electoral votes. In Forget the South! Forget the premes have thrown the whole a handsome move, if Demos wish The answer is simple: by Connecticut, South Dakota, and special interests congressional issue back into the laps of politi- to continue losing. touting a liberal line, Montana, the Duke lost by six Democrats so eagerly cater to, cians, most Republicans (the An analysis of last year's re- better yet, by taking the points each for 15 electoral votes. and go for the gold. But. .. that Packwoods and Hayakawas ex- sults proves this point. The South- Colorado and Michigan were won offensive on liberal may be asking too much. Sup- cepted) find themselves out of the ern and Border states (this in- by Bush by eight points for some pose they actually won. mainstream of American thought. cludes Kentucky, Tennessee, issues, such as choice. 28 electoral votes. The illustra- The Rehnquists and Scalias of Texas and West Virginia) count Forget the South! Forget tion shows where Dukakis either Note: Paul F. DeMeester was this world have done Democrats a for 161 votes in the Electoral the special interests con- won or lost by less than eight opposed to abortion until shortly tremendous favor. Democrats College, where 270 votes are gressional Democrats so points. It adds up to 280 Electoral after birth. Then he changed his seem unable to raise their own needed to be elected President. College votes, ten more than mind and so did his mother. issues, such as choice, and run Of those 161, Democrats last year eagerly cater to, and go needed to win. A difference of with them. They should be thank- managed to win only 6 in West for the gold. maximum 8% cenainly puts any ful to the Supreme Coun for forc- Virginia. Anywhere else in the of those states in the competitive LONELY? ing a victorious issue upon them. South, the losing margins were Democrats would be better off column. Add to that New Jersey NEEDA DATE? A year ago, Democratic presi- sources for despair: ten percent- concentrating their electoral re- and Ohio, with a combined elec- dential nominee Mike Dukakis age points in Louisiana, twelve in sources in those slates where they' toral vote strength of 39, to give Meet that special someone today! was trying to Slay as far away as Texas and Kentucky, founeen in Democrats 319 out of 538 Elec- narrowly lost last year. Indeed, Call DATETlME (405):J66.6335 possible from anything that even Arkansas, and worse in the other counting all the electoral votes of toral College votes that are win-

...... ｾ＠ .1

Ｚｾｾ＠ States won by Dukakis in 1988 for a "petit" i:·...... total of 112 electoral votes . 1_ : ______1 • 1

••••••••••••••••••••••••••.••••• ! States that are winnable by a Democratic Presidential nomine (in addition to those won by Dukakis). A potential yield of 319 electoral votes. N",...16.19ll9 Hastiltg' Law New, Page 11 THERE IS A DIFFERENCE! Who would you rather learn Civil Procedure from . . . BAR/DRI Professor Arthur Miller or Barpassers Harvard Law School Jim Herbert? Hornbook Author Who would you rather learn Criminal Procedure from . . . BAR/DRI Dean Jesse Choper or Barpassers U.C. Berkeley-Boalt Hall Bob Hull? Who would you rather learn Constitutional Law from BAR/DRI Professor Erwin Chemer1nsky or BaI'Passers USC Law Center Bob Hull? Who would you rather learn Torts from . . . DAR/DRI Professor John Diamond or Barpasscrs U.C. Hasl1ngs Pally Noyes? Who would you rather learn Professional Responsibility from BAR/DRI Professor Richard Wydlck or Barpasscrs U.C. Davis-King Hall Steve Bracci? Who would you rather learn Wills & Trusts from . .. BAR/DRI Professor Ira ShaflrofT or BaI'Passcrs Southwestern Law School Jim Hcrherl? Who would you rather learn Community Property from . . . BAR/DRI Professor Janice Kosel or Barpassers Golden Gate Unlverslly Jim Herbert? Who would you rather learn Criminal Law from . . . BAR/DRI Professor Charles Whllebread or Barpasscrs USC Law Ccnlcr Jim Hcrbert (again)? Hornbook Author

While other courses use attorneys to teach their course and call them rpnifessors", BAR/BR1 uses only top notch ABA law school professors who are experts in their fields and have written actual California bar exam questions. ･ｾ＠

rooxtbn."" IIEYIEW THE OBVIOUS CHOICE Los Angeles (213) 287-2360 • San Francisco (415) 441-5600 • San Diego (619) 236-0623 Sacramento (916) 441-0677 Page 12 Hastings Law News November 16.1989

This is basic Woody Allen Legal-Ease Crimes fare. Meek, lovable Woody lan- Tomatoes Continued/rom Page 6 By R. JANIS McINTYRE Continuedfrom Page 6 guishing in the shadow of the clams were unbelievably deli- searching he goes through after loud, boorish Aida. Anxious and cious, particularly with the garlic implementing his decision are the a victim of a marriage celebrating mayonnaise. As one of our meat of this movie, and it is prime a year ofplatonic bliss, Allen falls members remarked, " ... and stuff. Allen's direction is more forhisproducer,MiaFarrow. He they're not gritty either." I highly powerful for its restraint, his words struggles with Aida while he recommend them. The fried and portrayal of emotional up- courts Farrow, ho hum. polenta sticks were hot and crispy, heaval elicit real pathos. Because the two stories are but the red sauce accompanying it The same cannot be said for interspersed and much of the was various described as the other movie in this film. Judah tragedy is revealed in flash- "strange," and "unique," and Woody plays Woody trying to back, the film suffers from a lack nobody could decide whether that woo Mia Gotit? Nottoocompli- of cohesion. The choppy cuts was good or bad. You try 'em, cated. This is supposed to be the back and forth become distract- you fIgure it out.. The Manhattan funny part. The humor is much ing and ultimately annoying as sty Ie clam chowder was very tasty, more forced than a typical Allen one becomes more deeply in- and was served in a ample bowl. picture and so isn't that funny. volved with the serious story. Moving to pasta, we sampled Because the other plot line is so Allen should do more of this the "Fettuccine with fresh sea- intense, this diversionary chron- thoughtful, reflective work. At food, mushrooms, peas, bacon, icle is a diversion one would rather least until he can either be funny and white wine sauce," and Lin- see go away anyhow. again or fInds a new girlfriend. subtly flavored dish was delight- appetizers, from $6.95 to to $9.95 guini tossed with smoked chicken Though there are a couple of "Crimes and Misdemeanors" ful. for pasta dishes, and from$6.95 to in cream of pesto with sun-dried good one-liners, they are not reveals anew his keen gift for Just when you thought you $9.95 for the pizzas. Although it tomatoes and mushrooms." Both enough to salvage this half of the evocative writing and for prod- had enough of a good thing, you was crowded during the lunch of these dishes were magnifico. movie. Maybe I'm just too tired ding an audience into moral dis- order dessert. Although they were hour, the place cleared out shortly We also sampled the "Smoked of Woody's whining and low self- course without preaching. outofItalian cheesecake that day , after 1:00and by 1:30, we had the Chicken Pasta Salad" with gor- esteemschtick.lnanyeventAian All in all, Joe Bob gives half we tried the Rum Cake and Prof- place to ourselves. It is not close ganwla dressing. This dish was Aida plays Hawkeye playing a the movie a hearty thumbs up for iteroles in Cold Marsala Cream by, but is only a short walk from rather bland in comparison to the schmoozing, oh so Hollywood anyone and the other half a luke- Sauce (a fancy name for cream the Montgomery street metro other dishes we sampled, but was schmuck that Allen, since he is warm "eh" for Woody fans. Best puffs). Both desserts were excel- station. Maybe it's not a place to by no means not worth ordering. his brother-in-law, gets tomakea bet wait for the video as nothing lent. go to lunch often, but on a day Finally, we sampled the PBS documentary about. Sam will be lost on the small screen. Cafe Tomatoes may not be the with a light class load and with a "Chicken Contadina" served on Waterston plays Aida's brother (PG-13, about 2 hours, at the UA ideal place for budget conscious little extra (loan?) money, you artichokes, onion, red and yellow the rabbi. There will be a quiz. Stonestown.) students to go to lunch. Prices should defmitely check out Cafe peppers and roasted garlic. This range from $2.50 to $4.50 for Tomatoes. The Young and the Marketable: Mumblethorpe Revealed Continued/rom Page 6 Jamie-I mean, Ms. Turner- jokes which Professor Mumble- I'd like to know about anything conflict between your profes- the fact that today was the big seem to be thinking along the thorpe had been telling since at that might-" sionallife and your fashion sense. day, the meeting with the Eastlaw same lines about what they'd like least the last Ice Age. By the time "Look, Ms. Turner, we both Myself,I've been into dresses and rep, and Professor Mumblethorpe to get out of this contract." Dean he was explaining to her in the know exactly what you're getting wigs for three years, although I've was feeling a little more than the Green bent over Professor Mum- most sincere manner he could been wearing lingerie since I was usual pre-interview jitters. His blethorpe and picked a piece of at," said Professor Mumblethorpe muster that "writing casebooks resignedly. "Alright, alright, so I a teenager." recent performance at the faculty lintoffhis lapel. "One tip, though, has really been kind of a dream of don't feel right without a little silk Professor Mumblethorpe meeting was getting lots of air- old boy, she's kind of, how would mine," Professor Mumb1ethorpe and lace nexttomy skin. Is that a slowly began to put it all together play around Hastings-his entire you say ... oldfashioned. I'dkeep felt he was making up any ground as he took a careful look at his fIrst year class had shown up in your wild side under wraps." crime? Dean Green probably he had lost to Dean Green. Most prances around his apartment in new-found compatriot. Ms. bras and panties last week-and As Dean Green walked off importantly, there was no indica- Turner did seem a little stocky for he was certain that more than a laughing, Professor Mumble- leopard skin briefs. At least I've tion from Ms. Turner that she had got the academic credentials to a woman, and he had tottered few of his colleagues had trouble thorpe, looking more like a truck gotten wind of Professor Mum- make up for my eccentricities." imperceptibly in his high heels as keeping straight faces when the driver than a distinguished pro- Eastlaw rep asked for their rec- blethorpe's rather unconventional Professor Mumblethorpe he had welcomed Professor fessorof advanced years, directed personal dress code. ommendations. Theotherreason paused a second, putting his head Mumblethorpe into the room. a well-executed obscene gesture But just as Professor Mum- he was squirming in his seat was at his adversary's back. Feeling a in his hands and feeling a last Professor Mumblethorpe broke that he had chosen his "lucky" pang of regret for the economic into a smile of recognition as he little more relaxed, he stood up, Ms. Turner began a line of garter belt to wear to the inter- adjusted his tie, took a deep breath, and academic sacrifice he was noticed a bit of lace peeking out view today, and the damn thing and walked into the conference inquiry which made about to make. "I'll be honest from under Ms. Turner's blouse. was riding up on him. room. Professor Mumblethorpe's with you Ms. Turner, no matter "Maiden form , right?" he As Professor Mumblethorpe Ms. Turner was tall and statu- sphincter tighten like a what the price, this contract just asked. surreptitiously struggled with his esque, with a keen, appraising isn't worth going back to boxer "Bill, you're my kind of cross- wool sweater in a clothes shorts." undergarments, the door to the eye and a friendly, if direct, man- dresser," replied Ms. Turner. dryer. "I know just how you feel, "Look, you've got the contract. conference room opened and Dean ner. Professor Mumblethorpe BilL" So why don't we cut this thing Green stepped out. knew she had a reputation as a blethorpe started to feel comfort- Professor Mumblethorpe short, and maybe we can go down " .. .it was very nice meeting skilled negotiator, with the ability able, Ms. Turner began a line of slowly looked up, surprised by to Union Square and do some with you. Ididn'tknowwehadso to gently convince self-styled inquiry which made his sphincter shopping." many friends in common! We'll academic celebrities that writing the way the Eastlaw rep's voice tighten like a wool sweater in a As Professor Mumblethorpe have to get together some time at casebooks and nutshells did not had suddenly dropped acoupk of clothes dryer. walked out with Ms. Turner, he the club with Ted and Alice. I warrant the movie star contracts octaves. "Professor,Eastlawcontribu- felt happier than he'd been in look forward to hearing from they were naively expecting. "And please, call me Jim." tors area very distinguished group, years. There was a spring in his you!" Dean Green closed the Despite Professor Mumble- As Professor Mumblethorpe highly regarded in their fIelds." step and a whistle on his lips as he door and turned to Professor thorpe's apprehensions, the inter- stared, incredulous, "Ms. Turner" she began. "They're doing more thought of the contract, his new Mumblethorpe with a grin so big view started off quite well. Ms. peeled off her wig, revealing the than selling casebooks; they're friend, and the look on Dean and broad you could practically Turner listened patiently to his unmistakable receding hairline of presenting the image of this Green's face when he got the good see the feces between his teeth. academic war stories as he told a middle-aged man. company. It's important that they news. He couldn't help chuck- "Well, Mumblethorpe, it looks her about his background and "I hope you don't mind, it's a have the respect of other profes- little hot in here," he said. "You ling to himself as he thought, /' ve like Eastlaw has a place for me in qualifIcations, and she even sors, administrators and students. their organization. Me and laughed politely at a couple of see, you're not alone in having a waited a long time. but my slip has finally come in.

Page 14 Hastings LAw News November 16.1989

The dormant status of the EEOC complacent as a result of the gains Letters would indicate that Mr. Thomas' made by the Civil Rights movement, Receivership Program Continuedfrom Page 8 primary function is to be quoted by or as a by-product of living in "lib- people like Mr. Williams saying that eral" California. is a destructive force embedded in Continued/rom Page 4 Francisco holds the receiver cer- even Afro-Americans are opposed to But we should not be blinded by our national psyche and social struc- affirmative action. Ifl were not speak- the progress we have made, because gram could serve as a deterrent to tificate to the Mission District ture. Indeed. the inescapable racial ing in the rarefied atmosphere of a it is largely illusory. In the political other delinquent property own- property, and the Chicago Title inequality of our social structure "sacred" institution, I might say that arena, we now have Jesse Jackson, ers. "The program sends a mes- and Trust Company insures it. generates and preserves racist atti- the successful attorney, Mr. Thomas. Willie Brown, Maxine Waters and sage to property owners that the Machtinger adds that although tudes. One viewing the great dispar- is a professional Afro-American in David Dinkins. Regardless of our city is serious: 'If you don't the program initially generates city ity between the economic andeduca- the only bad sense of the term. Or I views about them, they representreal investment in the fonn of mo- tional achievements of "Caucasians" comply [with the health and safety might emulate Mr. Williams' style gains,highlightnew possibilities and tions, hearings, and inspections, and Afro-Americans (and Chicanos codes], you may just end up los- and merely quote representative of are role models from which we can etc.) must conclude either that racial ing control of your property.'" "[In the long run], time and court the Afro-American community who rightly derive pride and inspiration. "minorities" are inferior or that they But while .500 cases involving costs go way down. You no longer refer affectionately to Mr. Thomas by But more Blacks are in poverty now have beensystematica1ly denied equal similar code violations are on fIle have to deal with a nonresponsive the morefamiliar name, "Tom." But than there were twenty years ago. opportunities. property owner on what essen- my academic training has made me Crack cocaine and the drug war are in San ,Francisco, Elizondo be- If one believes, as I do, that the too sophisticated for that. drairting the lifeblood of our youth. lieves that it is tOQ early to meas- tially becomes a long tenn basis," progress of young Afro-Americans, More curious still is Mr. Wil- Black college enrollments are down. ure the deterrent effect. "There Most crucial to the program's Latinos. Native Americans, and oth- liams' reliance on the King [Dr. Mar- There is nothing to be compla- won't be the essential mainstream financial success is that the re- ers has been unjustly discouraged by tin Luther King, Jr.] legacy for moral cent about. Racism survives in publicity until there's something ceivercertificate becomes the flfst racism. it is inadequate at best to authority. Perhaps Mr. Williams was America, in government and within to show," she said. lien on the property. This not adopt a color blind admission policy speaking in Freudian terms when he professional, corporate and educa- only makes the certificate a more at the door to the Ivy [sic] Tower. It Machtinger is quick to note interpreted "the dream of Dr. Martin tional committees, with a subtle dif- is a,bsurd to tell those whose legs have that the program is not a panacea financially sound and attractive Luther King" as being anti-affrrma- ference from the type of racism that been shackled that they are now in- for code violation cases in the prospect, but also works as an tive action. That w as either Freudian spurred the Civil Rights movement vited to a fair race with those always city. "Too many public agencies incentive for banks and savings dream interpretation or an egregious into existence: it is covert, beneath allowed to run free. try and loans to participate in the case of "white-washing." I think Mr. the surface. to find a solution which can be Regardless of Mr. Williams' program. For example, an S & L Williams' dream was more accurately In such an environment, it is cru- used in all situations and circum- wishes, the institutions of higher reflected than that of Dr. King. And cial for Hastings to aggressively re- stances. [That solution] just isn't discovers that after the receiver education are not sacred places ele- I'm surprised Mr. Williams would so cruit and hire more people of color, out there." She points to several certificate has been accepted. its vated above the bareness of bigotry. warmly refer to Dr. King since the and women, for its faculty. Only this factors which detennine when a previous flfst mortgage on that Such institutions are indivisible from civil rights leader was a criminal. action will lead to substantive change receiver would likely be ap- property becomes a second mort- a social structure which exhibits great After all, Mr. Williams disparaged as in terms of eliminating the racist! pointed, such as severe physical gage_ "The only way [the lending racial inequality and injustice. We "criminal" the tactics of those who sexist incidents that have occurred institutions] can protect them- cannot merely ignore the inequality problems with the property, the sat-in at Berkeley last year for in- here recently. Following these inci- all around us and hope it will go presence of life endangennent, selves is to buy the receiver cer- creased faculty diversity. Dr. King, dents, Dean Read asked members of away; we must take affirmative and the lack of owner coopera- tificates," said Professor Levi, In of course, was a great proponent of the facul ty to address the issue ofrace counter-measures at all levels. At the tion_ These factors are consistent this manner, the S & L is "all of a sit-ins and civil disobedience; he was relations in class, on a voluntary basis. collegiate and post-graduate levels. sudden affected by good citizen- an unrepentant and unreformed While those professors who re- with the program's objective, that means using race-conscious hir- ship. This is law the way it ought Hcri:minal." sponded are to be commended for which, as Judge Brown empha- ing and admission policies designed to be," It appears typical ofMr. Williams their courage in broaching such a sized in his order, is to bring build- to assist the "disadvantaged" over that he lauds the dream but decries the sensitive issue, I personally felt that ings up to code, not to deprive Towards Affordable Housing those barriers that have been placed tactics necessary to make it a reality. it was in a sense unfair to ask them to owners of property rights, Professor Levi allays fears that in their way. In our competitive com- Ifl might quote someone who "hap- speak against something that, in most Driven By Private Enterprise improvement costs would be munity. this means eliminating the pened to be Afro-American" and a cases, they themselves had never passed on to tenants, noting that advantages some (particularly "Cau- After the court appointment, predecessor of King, Frederick experienced (racism). We need a the San Francisco rent control casian" males) have acquired. con- the receiver takes possession of Douglass once said: "If there is no more diverse faculty. sciously or unconsciously. at the the property, obtains the proper ordinance provides for a rent struggle, there is no progress. Those By acquiring a more diverse fac- expense of others. financing, and oversees the prop- reduction where the property fails who profess to favor freedom and yet ulty, Hastings will be sending a mes- In an effort to bolster his objec- erty's rehabilitation. Once the to satisfy health and safety codes, renounce controversy are people who sage to its community that racism, tions to such measures,Mr. Williams "We're encouraging the receiver want crops without ploughing the sexism and homophobia will not be worlds completed, theownermay quotes Clarence Thomas. chairman to act on the converse. If he ground." tolerated. This method is the most recover the property by paying of the EEOC and Bush nominee for But to end with a degree of har- effective because the faculty more off the loan and covering all legal brings the property into compli- appellate judge. who Mr. Williams mony, I must concur with the con- than any other group are the hub, the fees_ If the landlord refuses or is ance, there's no reason why the points out "happens to be Afro- cluding statement of Mr. Williams' backbone of any educational institu- unable to payoff the loan, the rent should go up on the basis that American." Mr. Thomas wrote in the column. In fact, it is precisely be- tion. They determine the atmosphere receiver may sell the property to the property owner is now doing Yale Law and Policy Review. "class cause I "agree that racism/sexism- of the school and the quality of the what should have done in the first preferences are an affront to the rights pay the debt whatever its form, whatever its name experience. They influence the moral place." and dignities of individuals - both A particularly attractive di- - is an evil which should be vig- tone of the institution. Thus what is those individuals who are directly mension of the program is its re- Levi also stresses the political ilantly resisted" that I have written needed is an aggressive affrrmative disadvantaged by them. and those liance on private funds to finance soundness of the program, this article. It is also why I do more action hiring policy for the faculty. who are their supposed beneficiar- therehabilitation. A private lend- "There's no alibi open to anyone than write articles. In the wake of the Reagan era it is ies." I am certain that those people to say that we can't do this pro- Timothy Huet clear that affrrmative action and simi- ing institution purchases the re- Mr. Williams is. in effect, saying do gram because the city doesn't have 1ar philosophies are not in vogue in ceiver certificate, using the prop- not belong at Hastings are deeply 1st year America. We have returned to the erty itself as collateral against the any money_ If you want to talk moved by his abiding concern for fifties in some ways. Those who loan. Currently, the Bank of San about affordable housing, here it their dignity. Perhaps Mr. Williams Despite Progress, There's criticize affirmative action charge that is," would benefit more by talking to his Still Much To Be Done it give "minorities" an undeserved classmates in LEOP about this matter handout, or else an unfair advantage. rather than looking to the Yale Law Dear Editor, The truth is lhat ｷ･ｲｾ＠ it ｮｯｾ＠ for i.'15ti- and Policy Review for an authorita- tutionalized racism (a.k.a. time-hon- Recent Supreme Court ruliT\gs on fulleaders in their chosen fields but tive opinion of someone "who hap- "RacismisaliveandwellinAmer- ored custom) and a general resistance abortion and civil rights only for their race, sex, etllT.ir.ity Ci'sexual pens to be Afro-American." ica," to change and diversity within the strengthen this claim. preference. Thus, I M,l !'.vl now and I question from whence Mr. Andrew Young, Mayor of At- aforementioned institutions in this Those who are granted opportu- never will ｢＼ｾ＠ an apolcgist for any Thomas gains authority. moral or lanta, country, affrrmative action would nities under afftrmative action pro- affirmative action progr.ml. otherwise, to make his words worth Former United Nations Ambas- never have been necessary in the first grams should never be less qualified I strongly support stdt a program quoting. Perhaps it comes from his sador place. It remains necessary because than their Caucasian counterparts, for and urge the adrninis lrat :.:m to adopt rare distinction as an Afro-American the old attitudes have been tenacious, this only plays into the hands of af- such a policy if it ｾ＠ cty desires a member of the Reagan-Bush team, an I think it important that all of us, and resisted change by holing up in frrmative action opponents by sub- change in the covert elements which administration overwhelmingly op- but particularly people of color, real- enclaves within their respective stantiating their claims that "minori- have negatively aficcted the racial posed by and to Afro-Americans. Mr. ize that that statement is as true today communities. Worse, these dark ties" are not up to par. They should climate here. Thomas, it should be pointed out, as it was when Mr. Young first ut- forces have experienced a new resur- be, and frequently are, ambitious, received his job by being Afro-Ameri- tered it ten years ago. For B lacks in gence over the past decade and are hard-working individuals who, in an- Tim Cromartie can- an Afro-American willing to particular, too many of us have grown once again moving to the forefront. other era, would have been success- First Year be the black face of the White House. November /6, 1989 Hastings Law News Pagt/5 Cold War Victory? West Block Controversy Continues for the exemption. Cottli,.,udfrom Poge 2 demolished . He indicated that It Cottlillwtlfro'" ｐｏｦｾ＠ 9 is that it would be pro-American S81d. While Hastings apparently appears that the buildmgs cannot could be over, the East had to or pro-capitalist), the Soviet Un- Pressed for comment, GAAP has no official position on this be brought up to meet the city's meet several seemingly impos- ion loses some if its "buffer" zone. director Schwanz said, "they opinion, ｾｩ｡ｨｯｮ･ｹ＠ indicated that building codes without a tremen- sible conditions, (I) a Soviet with- With Poland and Hungary no tentatively offered us a much as a public institution, Hastings' dous amount of money. ''111e drawal from Afghani tan, (2) longer solidly in the Communist smaller office, without bathrooms, discretion ought to govern such College just doesn't have the greater freedoms for citizens of Bloc, the Soviet Union could forthesamerenL And they would " health and safety is ue .. as money," he stated. ｅ｡Ｎｾｴ･ｭ＠ Europe, including the view the loss of East Germany as only let us use that until June. demolition of unsafe propen)' Still at issue is whether the right of selfｾｩｮ｡ｴｩｯｮ＠ of each an intolerable national seeuri t y ThIS is unacceptable because it since "it's the late's liabilitY" for College will require a demolition nation, and (3) the tearing down threat. Because of this, and the would be GAAP's third move in unsafe condItion ofitspropeny. pennit from the city, if it chooses of the Berlin Wall. As unthink- current U.S. desire for improved twelve months, which is far too l\.iahoney added that he did not to demolish the buildings. City able as these conditions seemed relations with the Soviet Union, disruptive and costly. Even more believe that the College was nec- Planning Director Dean Macris at the time Reagan laid them down, the U.S. should not push for a disturbing than the inconvenience essarily exempted from city con- told the Law News that building they have come to pass. united Gennany. Bush is to be to GAAP is the fact that Hastings trolsoverdevelopmentdcci ions, inspectors would do a more thor- Some have interpreted the commended on his cauuon in this would be requiring us to move in but only health and safety prob- ough examination of the Hastings recent events in the East as the touchy and dynamic situation. six months only to develop the lems for which the state, and not propenies this week. Macris fur- end of communism's viability. Bush will meet with Gorbachev space for a purpose which would thecity may have financial liabil- ther indicated that he believed Some uggc t that Gennan re- in about two weeks and it is cer- benefit neither the Hastings stu- ity. • that the city had jurisdiction over unification IS now inevitable. tain that the East Gennan situ- dent body nor the Tenderloin Towards openness the Hastings propeny for the Pr ident Bu h, on the other hand, ation will be discussed. The out- community." In response to ｣ｯｭｰｬ｡ＬＢｬｾ＠ by purposes of a demolition pennit, i heing v ry cautiou and has not come, if any, of this discussion Demolition of buildings? GAAP, the Law News, and oth- and that he had referred the ques- commented on the reUnification should prove most interestmg. As to the future of the Col- ers, that the Board had planned to tion to the City Attorney's office. que tion. The Soviet Union, and For those of us interested in lege buildings, Read mdicated that meet in closed se. ion to make Deputy City Attorney Judy the GDR, however, arc on the politics,thisisanexcitingume. 1L no decisions will be made until decisions regarding the West Boyajian told the Law News that record ｡ｾ＠ opposing reunification, appears that the challenge Marx the Board's next scheduled meet- Block properties, Mahoney indi- in the opinion of her office, and the U.S, hould join them - posed to capitalISm is waning. ing, Dec. 15. A closed session cated thatheexpeeted to have the Hastings was not exempted from atlcast lor the time bemg. However, with the economies of had been scheduled for last Fri- Board address the issue during city jurisdiction in the building The rc-unification of Gennany theworld'snaLionsbccomingever day, but cancelled due to a lack of the open session of Its Dec, meet· regulatory and permit process. is not a problem for the U.S . more interdependent, the possi- information for the Board to work ing. "I'm in favor of dealing with She stated that the exemption However, the Soviet Union ､ｯ｣Ｎｾ＠ bility of a worldwide depression with, Read and Mahoney told the this as publicly as possible," applies only to structures owned not favor the pro peet because, in could swing the balance back in Law News. Mahoney claimed. "Whatever the and operated by the slaleand those ｩｬｾ＠ view,the current military and favor ofCommunism. Maybe the "I don't think wehavealotof solution [reached on the West used exclusively for educational political balance of power in U,S. has not won the Cold War choice" as to what to do with the Blockpropenies)"I wanta public purposes and indicated that Europe i based on the ｾｩ＠ tence yel Maybe it has just won a ballie buildings, said Mahoney, indicat- airing of views," he promised. Hastings' use of the propenies of a divided Gennany, If Gcr- that will prove to be the turning ing that they would have to be does not appear to qualify them many is united, (the presumpuon point. BAR/BRI PROFILE The Argyle NAME: Jim Wiley

OCCUPATION: Part-time student, part-time candy pusher at the Hastings Bookstore.

GREATEST LEGAL REVELATION: "Some day, I'll graduate from law Lowest Rates school: Every Night! Around! TURN-ONS: Passing the bar exam the first time.

TURN-OFFS: Taking the bar exam a second time For Your Visual WHAT HE INTENDS TO PURCHASE WITH HIS Recreation FIRST PAYCHECK AS A LAWYER: The past three years of law school. In other words, It'S already spent.

BAR REVIEW COURSE: BAR/BRI. "live lectures, dif- ferent teachers for different subjects, outlines designed for the way I studied in law school. .. besides, all my friends are taking BAR/BRI, and I don't want to do this alone.- PageJ6 Hastings Law News November 16.1989 • Tbe V10US boice! THE NATION'S LEADING BAR REVIEW EXPERTS PMBR's faculty has over 100 years experience in preparing students for the California and Multistate Bar Examinations! * Professor Daniel Fessler * Professor Thomas Coyne University of California, Davis McGeorge University * Professor James Hogan * Professor Ronald Rotunda University of California, Davis University of Illinois * Professor Gail Bird * Professor Peter Honigs berg University of California, Hastings University of San Francisco * Professor Charles Nelson * Steven Palmer, Esq. Pepperdine University PMBR California Director * Professor Steven Hirschtick * Jared Gross, Esq. Loyola University PMBR National Multistate Expert * Professor Herbert Krimmel * Brian Siegel, J.D. Southwestern University Director, Siegel's Calif. Writing Course * Robert Feinberg, Esq. PMBR National Multistate Director

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