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Law Notes School Publications

Spring 1979

1979 Vol.5 No.3

Cleveland-Marshall College of Law

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------_----=---_--3____ ""' Spring/Summer 1979 Cl.EVELANDMARSHALL LAW NOTES Spring/Summer 1979 Vol. 5 No.3

Contents

1 fv\arshall Has Its First Chief Justice

2 From the Dean

3 From the Alumni President

4 Solicitor General at Moot Court Night By Gail Natale

5-9 Alumni Notes

1O Nancy Goldman Is Placement Director

11 State Can Run City Finances By Harold Babbit

12 Meet the Faculty: Liz Moody By Gail Natale

13· 16 Faculty Notes

17 Task Force Urges Juvenile Law Reform By Robert Willey Dean Robert L. Bogomolny 18-21 Obituaries , Editor-in-Chief 23 Institute Pits fv\arshall Against CWRU Gail Gianasi Natale By Kurt Olsen Graphics Editorial Assistant fv\artin Nadorlik Hermine Eisen 25 Women's Legal Rights Conference

Cover by Martin Nadorlik

What's Happening? C-M Law Notes wants to keep current on what's happening to Cleveland·fv\arshall alumni and friends. We'd like to know so we can tell others about your special accomplishments, promotions, new positions or associations, community Cleveland-JV\arshaU Law Notes is published periodically for activities, public offices, retirements, honors, etc. Please send alumni and friends by the Cleveland-Marshall College of Law. news about yourself or others to Law Notes, or telephone Editorial offices: Law Notes, Room 121 , Cleveland-Marshall 216/ 687-2540. Be sure to include name, address, telephone College of Law, Cleveland State University, Cleveland, Ohio number and year of your C-M law degree. Photos can be 44115. Telephone 216/687-2540 returned. Frank Celebrezze becomes Marshall's first Supreme Court Chief Justice

Frank D. Celebrezze, C-M '56, the first Ohio for the Cuyahoga County Common Pleas Court. He I ·~ Supreme Court Chief Justice from Cleveland-Marshall was elected and served for eight years until 1972 when in recent m emory, will be honored as alumnus of the he defeated Robert Leach for an unexpired term as year at the annual C-M Alumni Association Recogni­ associate justice of the Ohio Supreme Court. tion Banquet at the Hollenden House this summer. At hi s inauguration in December the chief justice Judge Celebrezze, 50, became the seventh popularly­ said, "Equal justice for all. That will be the only goal elected chief justice last November when he defeated that I will bring to this office and the only promise that Associate Ju stice Thomas M. Herbert for the unex­ I will make to anyone." pired term of C. William O'Neill who died in August. * * * Celebrezze became the first Democratic chief justice Other C-M a lumni fared well in the November, 1978 since Carl V. Weygandt left office 16 years ago. elections. The chi ef justice's co usin, Anthony J. A graduate of Baldwin-Wallace College and Celebrezze Jr., C-M '73, is the new Ohio Secretary of Cleveland-Marshall, the chief justice served two State, having defeated long-time incumbent Ted. W. terms in the legislature in the late 1950s, leaving in Brown. [The secretary of state's father and the chief justice's uncle is former Cleveland Mayor Anthony J. Celebrezze, an Ohio Northern law graduate, now is a "Equal justice for all. That will be justice on the U.S. Sixth Circuit Court of Appeals.) Edward Feighan, C-M '78, passed the Ohio Bar Exam ... the only promise that I will make the day after he was elected Cuyahoga County to anyone." Commissioner. [The other Democrat on the Cuyahoga County Board of Commissioners, Robert E. Sweeney, is a 1951 C-M graduate.) 1960 to serve as special counsel to Attorney General Vincent Campanella, C-M '69, was re-elected Mark McElroy. Cuyahoga County auditor .. . . Louis Stokes, C-M '50, He sought his first judicial office in 1964, running was re-elected to Congress from the 21st district. ... Continued on page 9

CLEVELAND-MARSHALL~ first Ohio Supreme Court Chief Justice, Frank D. Celebrezze, was sworn in in Columbus last December by retired Justice J.J.P. Corrigan.

1 D,ear Alumni: Nancy Goldman is our new placement director. She I am pleased to report that our students who took the will be calling on concerned alumni for guidance in Ohio Bar Exam for the first time in February, 1979, had placing talented students in the job market. the highest pass rate among the nine Ohio law schools. In addition, I would like to welcome Janice Toran to To those who passed I extend my heartiest congratula­ our faculty in a new capacity. Janice, who has served tions. as assistant dean for the past two years, will be I am also delighted to teaching full-time this fall. inform you that our Con­ On a sorrowful note, we share the loss of two tinuing Legal Education distinguished members of the law school community (CLE) programs are a suc­ - Dean Wilson Stapleton and Professor Charles cess. Auerbach. The Lawyers' Seminar Dean Stapleton was an energetic force during the in Federal District Court early development of our law school and helped Practice held at C-M last countless students. Professor Auerbach figured fall in conjunction with mightily in carving high standards for our school. Both the Federal Court of the of these men will be sorely missed. Northern District of Ohio Meanwhile, the library fund drive is proceeding was praised by nearly all nicely. We have reached nearly two-thirds of our goal, participants. Attendance largely with your help, and we hope to fulfill our was high, and the subject \ . commitment in the near future. matter examined was 11. The future holds a number of exciting programs. We meaningful. This special program, another first for are considering revising our curriculum and adding C-M, is an example of community participation that some new approaches to legal education. should be emphasized in the years ahead. We hope that you will share with us in what we feel The achievements of any institution are accom­ is the beginning of a new era for Cleveland-Marshall plished by the people who are involved in its day-to­ College of Law. day operations, and I would like to take this opportun­ Sincerely, ity to thank the faculty and staff members for their outstanding professionalism and support during the past year. This year we welcomed the following new faculty and staff: Professor Robert Catz and Assistant Professor Ralph Tyler. Both have contributed a great deal of their time in our Legal Clinic as well as teaching other more traditional courses. Therese Arsham Dean replaces Francine Cole, former administrative assist­ ant in the Dean's office. She directs alumni relations, conference planning and a host of other activities.

FEDERAL DISTRICT COURT practice is discussed by seminar participants Judge John Manos IN .D. Ohio), Dean Bogomolny, Professor Stephen A. Saltzburg, evidence expert from the University of Virginia and Chief Judge Frank Battisti IN .D. Ohio). C-M hosted the conference last October in which more than 230 people from Greater Cleveland and Northeast Ohio participated. The four-day program was one of the first of its kind in the country. In addition to Saltzburg, featured speakers included District Judges Frank McGarr and Hubert L. Will of the Northern District of Illinois, Robert R. Merhige Jr. of the Eastern District of Virginia. Chief Judge Edward D. Re of the U.S. Customs Court and Professor Arthur R. Miller, federal practice expert from Harvard.

2 The CSU-C-M Law Alumni Association has had an The Alumni Association also helped sponsor the active year. Our Annual Meeting and Open House is Niagara Moot Court Competition and awarded full traditionally held at the law school on the Friday academic scholarships to two deserving students. evening preceding graduation. This affords the The year is not over yet! Still in the offing is the graduating seniors an opportunity to join in the Annual Recognition Luncheon, slated for some time festivities, their final ex­ this summer. The special honor goes to the Chief ams all behind them. This Justice of the Ohio Supreme Court, the Honorable year, a significant change Frank D. Celebrezze, the first alumnus in our history to was made which afforded achieve the highest position in the highest court of our free membership to all state. graduating seniors for a Also set for June is our Annual Meeting and Open one-year period. House. Chaired by Leo Rossmann, a special feature in In October, we spon­ this year's event is the "Once in a Lifetime" honor to be sored the annual "Beer given to those who have been alumni for fifty years or Bash," a party given at the more. law school on Bar Results It has been an exciting year for me as president of the Day, to offer our congrat­ CSU-C-M Law Alumni Association, and with the ulations to our newest cooperation of the officers and members of the board Bar members. of trustees, Dean Bogomolny, and, most importantly, December found the our membership, I feel it has been productive and auditorium of the Old Stone Church filled to near fulfilling. capacity for our seminar on Recent Developments in Domestic Relations Law. Compiled for this seminar 7__.ecA'~ was a voluminous publication of virtually all Court of Appeals of Cuyahoga County decisions in the past year on the subject of domestic relations law. Alumni Association President

Family law seminar Maxwell is '78 Man of the Year attracts 100 people

An estimated 100 people at­ tended a seminar on "Recent De­ velopments in Domestic Relations Law" sponsored by the C-M Alum­ ni Association last winter. The December seminar was conducted by Marshall J. Wolf of Gaines, Stern, Schwarzwald & Robiner and Robert I. Zashin, C-M '68, former trial referee in the Cuyahoga County Domestic Rela­ tions Court. Joyce Barrett, C-M '71, Alumni Association president and the organizer of the program, says that copies of the published materials from the seminar are available for GOVERNOR RHODES APPLAUDS retiring domestic relations Judge John J. Maxwell. named man­ $10 from her at 1400 Standard of-the-year at the 1978 alumni recognition luncheon. Mrs. Maxwell is seated. Anthony Garofoli. then Building, Cleveland 44113. alumni president. looks on.

3 Solicitor General Wade McCree to judge Annual Moot Court Night

Why would someone give up the security of a moot court May 1, but he was called to a Law Day lifetime appointment on a federal circuit court to serve co nference at the White House instead. "at the pleasure of the President" - even if the job is The C-M Moot Court spring problem concerned number three man in the U.S. Justice Department? Indian law, a vast subject that McCree said is being Wade H. McCree, Jr. , considered in depth by the U.S. Supreme Court. 58, resigned from the "You see trends in the Court from time to time," he Sixth Circuit two years said, "but it's often a case of finishing something once ago to accept the appoint­ it has gotten started. Once you start painting a room ment as Solicitor General you don't leave it half finished." of the United States after Recent trends, in the criminal area, have included 23 years as a judge "be­ "delineating the contours of the doctrine of double cause I was psychologi­ jeopardy and now defining the contours of New York cally prepared to do Times v. Sullivan," he said. something different. I The solicitor general represents the United Sta tes in didn't want to be a prison­ cases before the Supreme Court. He is outranked in the er of security." Justice Department only by the attorney general and McCree was scheduled the deputy attorney general. to be presiding judge at As solicitor general, McCree said, he has a more C/M's Annual Spring active role than he did on the bench. "As an advocate, Moot Court Night, sharing the bench with Federal my job is to persuade. As a judge, it was to resolve. Judge John Lambros, C-M '52, and Judge Jack Day of the Ohio Eighth District Court of Appeals. No stranger to Cleveland, McCree had presided over another C-M "I often determine whether the govern­ Moot Court Night "several years ago. The other judges were John Manos [C-M '5 0] when he was on Ohio's ment will take a position." intermediate court and Judge Frank Battisti." McCree estimates he has judged some 50 moot court competitions over the years. Since the first of this "I have a voice in formulating the government's year, he has been to Utah, Duke, the University of position and I often determine whether the govern­ Virginia at Charlottesville, and the University of ment will take a position." Georgia at Athens. He would have judged Temple's McCree served for 11 years on the sixth circuit bench. In 1966 he w as the third black to be named to a federal court of appeals. The others, he said, were William Henry Hastie, appointed to the third circuit in 1949, and Thurgood Marshall who served on the Awards to Moot Court finalists second circuit from 1961 to 1966 until he was named solicitor general. United States Solicitor General Wade H. McCree, Tr . From 1961to1966 McCree was a federal judge in the was to be presiding judge in the final round of C-M's Eastern District of Michigan. Before that he served as Annual Spring Moot Court Night competition May 17. Wayne County, Mich. (Detroit) circuit judge after two Other judges were Jack G. Day of the Ohio Eighth years as Michigan Workmen's Compensation Com­ District Court of Appeals, and Thomas D. Lambros, C­ missioner. M '52, of the U.S. District Court, Northern District of McCree earned his A.B. at Fisk University, and then Ohio. enrolled in Harvard Law School. He was drafted The 1979 Moot Court Night marked the second during his second year, served four years in the Army appearance of McCree at C-M as a moot court judge. during World War II and was discharged as a captain Moot Court Night is the culmination of second-year of the infantry after two years of overseas combat students' efforts. The top eight semi-finalists argued duty in the Mediterranean. before outside attorneys to determine which two McCree returned to Harvard and finished in 18 teams would argue in the finals. The spring problem months, earning his LL.B. in 1948. Among his involved Indian law. classmates was Louis Toepfer, president of Case The winning team is given the annual Hugo Black Western Reserve University and former dean of its Award. The best and second best oralists receive the law school. McCree has served on the visiting Dean's Award of $100 and $50 respectively, and the committees of the Harvard, CWRU and Wayne State best and second best briefs win the Alumni Associa­ law schools. tion Awards of $100 and $50 respectively. By Gail Gianasi Natale

4 Abakumov works Brown Leo DeGrandis • in Russia • heads ZBT • named judge

Georg Abakumov, C-M '77, has Cleveland Municipal Court been project manager and attorney Judge Lillian W. Burke, C-M '51, for the private nonprofit U.S.­ was honored as one of seven U.S.S.R. Trade and Economic Cleveland "Women in Pursuit of Council Inc. since September, Excellence" at a September lunch­ 1978. The bilingual Abakumov, eon. Judge Burke, in 1969 the first who earned a graduate degree in black woman to assume the bench Soviet economics before enrolling in Ohio, was also the first woman in C-M, has been headquartered in FERRIMAN GAMBLE to serve on the three-member Ohio Moscow following a three-month Industrial Commission. training session in New York. Gary D. Arbeznik, C-M '76, a Annette Butler, C-M '70, the first former assistant Cuyahoga woman president of the venerable County prosecutor, was named Cleveland City Club, was sched­ federal prosecutor by the U.S. uled to address a conclave of attorney for the Northern District Gamma Phi Delta in April. Members from Ohio, Michigan, of Ohio. Before joining the county GIUSTO JAMES prosecutor, Arbeznik had been Kentucky, Virginia and Canada clerk of Cuyahoga County Probate has been elected national presi­ were represented at the meeting in Court and a deputy clerk in Cuya­ dent of Zeta Beta Tau fraternity. North Randall. hoga County Common Pleas Court. Harvey W. Berman, C-M '77, has Thomas Campanella, C-M '77, is moved his offices to 1010 Leader C-M alumni lead one of the City of Cleveland's Building. newest councilmen. Campenella real estate seminar was chosen by the Democratic John W. Blischak, C-M '75, Caucus to succeed former Ward 21 admitted to the Ohio Bar in 1975, Three C-M alumni participated Councilman Benny Bonanno. Cam­ was admitted to the Arizona Bar in in the recent real estate seminar panella had been a financial ana­ June, 1978. Blischak is working sponsored by the Cleveland Press. lyst with Pickands Mather & Co. with the U.S. Department of Jus­ Thomas Bliss, C-M '76, an as­ tice at the U.S. Attorney's office in sistant county prosecutor and trial John C. Coman, C-M '56, has Phoenix. attorney discussed landlord/ten­ been named executive vice presi­ ant rights and obligations. An Elizabeth Boyer, C-M '47, is dent, special claims, by Cleveland instructor of real estate law at among 20 Ohio women inducted Trust. into the Ohio Women's Hall of Cuyahoga Community College, Fame. Boyer is professor of law at Bliss is corporate counsel and legal Cuyahoga Community College and education advisor for Century 21 William J. Corvo, C-M '77, has founder of the Women's Equity Hoty Realty Inc. been appointed national coordina­ Action League. Lesley W. Brumbach, C-M '77, tor of the Americans For Civil discussed tenant rights and obli­ Rights In Italy, Inc., headquar­ Thomas J. Brady, C-M '57, has gations. She is a partner of Yung­ tered in Middletown, Conn. been named executive director and wirth & Brumbach and is an secretary of the 4100-member instructor in the Cleveland Area Greater Cleveland Bar Association Board of Real tors' professional Leo M. DeGrandis, C-M '50, was (GCBA). After Peter P. Roper, C-M educational progra m review named to the Cuyahoga County '61, left the GCBA to head the Bar course. Common Pleas Court bench in Association of Pennsylvania last William Negrelli, C-M '66, gave February to fill the remaining term year, Brady, GCBA counsel, was an overview of landlord tenant of Judge Michael M. Sweeney, C-M named acting executive director provisions. Negrelli, who teaches '51, who died in December. De­ and secretary. real estate courses at local col­ Grandis will serve the remainder leges, is a member of Mosley, of Mr. Sweeney's term which runs Seymour R. Brown, C-M '53, Negrelli and Stein, and has had through January, 1983. DeGrandis senior partner in the law firm of extensive experience in real estate has been practicing law for 27 Brown, Hausler, Simms & Miller, sales, escrow and title work. years.

5 i Ferriman heads ABA Hilt joins OU lrvins publish • Insurance Section • Hall of Fame • college text

' Dennis Eckart, C-M '74, state James D. Irvin, C-M '73, and representative from Ohio District Carol Knowlton Irvin, C-M '74, are 18, has been elected chairman of co-authors of Ohio Real Estate the 16-member Cuyahoga County Law, published in April, a text for delegation to the legislature. the college course in real estate law, one of the courses needed to James W. Ferriman, C-M '49, of gain an Ohio real estate license. Philadelphia, executive vice presi­ The Irvins, law and marriage dent and general counsel of Insur­ partners, maintain a general law ance Company of North America, practice in Chesterland. They have has been elected chairman of the taught the real estate law course, ABA's Section on Insurance, Neg­ singly or together, at Cuyahoga ligence & Compensation Law Community College, John Carroll (INCL). The INCL section has a University, Kent State University, membership of more than 16,000 and Lakeland Community College. private practitioners and corpo­ rate lawyers. Ferriman's other Beverly Hills Bar prints ABA activities include serving as REGO chairman of the Committee on actors legal handbook Automobile Insur~nce Law, the Long-Range Planning Committee been promoted to captain. He had A demand for entertainment law and the Budget and Finance Com­ been commander since 1971. services - long a viable field on mittee. Hersch is a partner in Shore & the West and East Coasts - is Hersch in Beachwood. working its way inland. But often Howard Fishkin, C-M '66, one of entertainers - and their attorneys two staff lawyers for Cleveland Donald J. Hilt, C-M '77, basket­ - are not familiar enough with the City Council, joined the firm of ball coach at Max Hayes High field to give sound advice. Sindell, Sindell, Selker, Ruben­ School, was among six Ohio Uni­ The Beverly Hills Bar Associa­ stein, Einbund & Pavlik. versity a lumni inducted into the tion Barristers Committee for the University's Athletic Hall of Fame Arts (CFT A), an ongoing non­ Bruce E. Gaynor, C-M '72, was last fall. Hilt earned three varsity profit project of that bar associa­ named one of 30 communications letters in basketball at OU and tion, has published a 216-page law fellows at Yale University last was all-MAC first team his junior h andbook resulting from a CFT A year. Gaynor, one-time editor-in­ and senior years. conference last fall. The manual, chief of the Cleveland State Law primarily directed to actors and Review, is assistant dean at Syra­ actresses, also offers a guide to the cuse University Law School. Archives needs bulletins novice attorney in the field. Th e Actors Manual - A Practi­ Michael A. Georgelis, C-M '74, is HELP! ca l Guide to Your Career covers practicing law in Lancaster, Pa., as The Law Library and the CSU Basics (including auditions, re­ a partner in the firm of West & Archives are trying to complete sumes, introduction to taxes, un­ Georgelis. their collections of annual bullet­ employment insurance), Unions/ ins and catalogs from Cleveland­ Guilds [including typical con­ James L. Hardiman, C-M '68, Ma r sh all College of Law, tracts), Agents/Managers (in­ was elected president of the Cleve­ Cleveland-Marshall Law School, cluding sample fee schedules and land Chapter of the NAACP in John Marshall Law School and contracts), Personal Service Con­ November succeeding the Rev. Cleveland Law School. tracts, and it includes an a ppendix Austin Cooper. Hardiman had Any alumni or friends who have listing resources. assisted with many NAACP legal copies of b ack issues that they Gregory Victoroff, C-M '79, who issues including the Cleveland would be willing to donate are tra nsferred to UCLA for his final school's desegregation case. asked to get in touch with year, reports that a limited number William Becker of copies of the manual is avail a ble Marvin H. Hersch, C-M '54, a University Archives, UT 502 from Jordan Kerner, Beverl y Hills United States Naval Reserve law­ 1860 E. 22nd St. Bar Asociation CFTA, 300 South yer with the Navy Judge Advocate Cleveland 44115 Beverly Drive, Los Angeles 90212. General corps for 24 years, has 216/687-3529 Cost is $10 plus postage.

6 James goes Mahoney gets Rose moves • to Columbus • state honor • to Guam

Larry H. James, C-M '76, former Edmond F. Notebaert, C-M '76, assistant commissioner of the City has been named president of the of Cleveland's Air Pollution Con­ board of trustees and chief execu­ trol Division, has joined the staff tive officer of Huron Road Hospi­ of the Columbus city attorney. tal. He had been an administrative director at Cleveland Clinic. Anne L. Kilbane, C-M, '77 is the first woman associate at Komito Albert Oberst, C-M '63, is cur­ rently serving as budget analyst Nurenberg, Plevin, Jacobson, SCHUSTER Heller & McCarthy. with the Cuyahoga County Office of Management and Budget. Paul T. Kirner, C-M '72, has been Oberst, who had been with the elected president of the Parma Bar Cuyahoga County Office of Man­ Association for 1978-79. power Development, was named administrative assistant to then Walter S. Kobalka, C-M '76, has County Commissioner George V. opened his law office at Suite 19, Voinovich last year. When Voino­ the Executive Club, in Rocky Riv­ vich was elected lieutenant gover­ er. SUMMERS ZUCCO nor, Oberst was named budget U.S. District Court Judge Tho­ U. S. District Court Judge John analyst. mas M. Lambros, C-M '52, and M. Manos, C-M '50, gave a series of John J. (Jay) Owens, C-M '76, has Cuyahoga County Common Pleas lectures at the Athens University joined the firm of Payne & Payne in Judge Ann McManamon, C-M '50, Law School last summer. Judge the Mall Building. Owens had been were considered to be among the Manos, a student of Greek history assistant director of public rela­ finalists for the open seat on the and language, is believed to be the tions at Cleveland Clinic. Sixth Circuit Court of Appeals .... first U.S. judge so honored. Marshall alumni are also among Michael C. Otto, C-M '78, has those mentioned for the two new been elected an international offi­ seats on the Northern District of cer in the international department Ohio Bench. of Central National Bank of Cleve­ land. Otto heads credit adminis­ Charles W. Lazzaro, C-M '52, tration in the department. He with offices at 1236 Engineers joined the bank as a credit analyst Building, announces that Blaise in 1975 and was named credit Giusto, C-M '70 and Charles B. administrator in the international Lazzaro, C-M '74, are now partners department in 1977. in the firm known as Lazzaro, Giusto & Lazzaro. Lucian C. Rego, C-M '70, former general counsel of the Cleveland William P. Leahy, C-M '77, has Regional Sewer District, has been elected assistant vice presi­ joined the firm of Celebrezze, dent of Central National Bank of McGrath, Mauk, Rego & Westley. Cleveland's Ohio division. For­ For six years Rego served as chief merly a corporate banking officer, legal advisor to the district, be­ Leahy joined Central National's coming a recognized expert in management development pro­ environmental and municipal law, gram in 1971. A TTY TELETYPE device used by deaf people EPA regulations, construction Margaret Mahoney, C-M '29, in place of a telephone has been added to the contract law, federal grant regula­ former member of the Ohio House office equipment of Robert B. Hicks, C-M '78, in tions and government financing. his Williamson Building office. Hicks, report­ Howard E. Rose, C-M '74, an and Ohio Senate, was among 20 ed to be the first attorney in Greater Cleveland women inducted into the state with such a communications device, became assistant Cuyahoga County pros­ Women's Hall of Fame. The estab­ interested in the !egal problems of the deaf ecutor and former East Cleveland lishment of the Hall of Fame was soon after he took asign language course three law director, has moved to Agana, among activities marking the years ago. This innovation is an indication that Guam where he accepted a renew­ state's 175th anniversary last members of the legal profession can provide able two-year post with the attor­ year. meaningful legal service to the handicapped. ney general's office.

7 Schuster heads Stokes speaks Sutula joins • U. S. office • at CSU program . • prosecuter

Gail M. Schaffer, C-M '76, has woman to head a criminal division William L. Summers, C-M '69, joined the Metropolitan Health in a U. S. attorney's office, has was honored last August by the Planning Corporation [MHPC) as been with the office since 1972, National Association of Criminal general counsel. Before joining most recently heading the white Defense Lawyers [NACDL) at the MHPC Ms. Schaffer, a registered collar crime section. association's meeting in San Fran­ nurse, served as an assistant ciso ... Franklin Polk, C-M '39, was public defender for Cuyahoga Donald S. Stein, C-M '61, has given a special merit award by the County. MHPC is the health sys­ moved his downtown Cleveland NACDL at the San Francisco tems agency [HSA] for Cuyahoga, law offices to 1312 Standard convention. Polk is also a member Geauga, Lake, Lorain and Medina Building. of the ABA standing committee on Counties. NBC newscaster and former gavel awards. Nancy C. Schuster, C-M '68, has Cleveland Mayor Carl B. Stokes, been promoted to head the crimi­ C-M '56, was scheduled to address Kathleen Ann Sutula, C-M '76, nal division of the federal prosecu­ the CSU Assembly Series April 11 has joined the staff of Cuyahoga tor's office. Schuster, the only on "Urban America: the Next County Prosecutor John T. Corri­ Decade" as part of the sixth annual gan. Sutula had been law clerk to Slough, Gamble CSU Black Aspirations program U.S. District Court Judge Robert B. April 10-20. Krupansky since her graduation cited by YWCA from Marshall. Edward Stillman, C-M '53, and Two C-M alumnae were among Willard Bartel, C-M '69, represen­ David Whitehead, C-M '68, has five women honored in April at the ting families of five persons killed been named to the Cuyahoga YWCA's third annual Career while watching the 1973 Cleveland County Library Board for a seven­ Women of Achievement Awards National Air Show at Burke Lake­ year term. Whitehead is a member luncheon. They are J. Helen front Airport, won a verdict of of the NAACP, Citizens League of Slough, C-M '29, and Ranelle A. more than $2 million for their Greater Cleveland and the Federa­ Gamble, C-M '72. clients in Cuyahoga County Com­ tion for Community Planning. Slough, patent counsel for mon Pleas Court. The award in the Squire, Sanders & Dempsey, wrongful death and personal in­ Jeffrey Zucco, C-M '70, is vice supervises all SS&D patent, copy­ jury suit is believed to be the president of the Cuyahoga County right and related matters in ad­ largest amount an Ohio jury has Criminal Bar Association. Rubin ministrative and litigation pro­ ever awarded in such a case. Guttman, C-M '77, is treasurer. ceedings. Gamble, a vice president of the C-M Alumni Association, is Law Review Board plans issues senior attorney with the Illuminat­ ing Company. Slough, a former partner of Slough & Slough which was merged into SS&D, has received the International Women's Year Award and an honor for Distin­ guished Service in Law. She be­ longs to the patent and antitrust sections of the ABA and is vice president of the Cleveland Patent Bar Association. Gamble is listed in "Who's Who Among American Lawyers" and is president of the Cleveland Alumni Chapter of Delta Sigma Theta sorority, the Cleveland Women OUTGOING LAW REVIEW EDITORIAL Board, !from left) Craig Bonnell. Chuck Bittenbender, Irv Rosner. Peter Kirsanow. Daniel Minkler and Wenda Sheard, discuss the remaining issues to be Lawyers Association and the published in volume 27 of the Cleveland State Law Review. Articles include staff notes and Greater Cleveland Panhellenic comments and a treatise on Rule B!CJ. Ohio Rules of Civil Procedure, by C-M Professor J. Patrick Council. She is a volunteer for the Browne. Subscriptions are available to dues-paying alumni for $10 per year. Bittenbender. the Cuyahoga Plan and Project Friend­ 1978-79 Editor-in-Chief. will be succeeded in 1979-80 by Patricia Hemann. the first woman elected ship. editor-in-chief of the Review.

8 ~nnk Celebrezze is C-M's first chief justice ...

_,

CELEBREZZE JR. COLEMAN STOKES FEIGHAN from page 1 Classes of '29 invited James Betts, C-M '76, Patrick Sweeney, C-M '70, Dennis Eckart, C-M '74, and Anthony Russo, C-M '77, were re-elected to the Ohio House. Invitations are extended to members of the 1929 classes of Cleveland Law School and John Marshall Re-elected to the Cuyahoga County Common Pleas Law School for a "Once-in-a-Lifetime" 50th anniver­ Court bench were Daniel 0. Corrigan, C-M '63, sary reunion. The party will be held in conjunction Norman Fuerst, C-M '53, James Kilbane, C-M '67, with the annual C-M Alumni Association open house Francis Sweeney, C-M '63, Frederick Coleman, C-M at the law school June 8. '53. James Celebrezze, C-M '67, was elected domestic "Most of the people in our classes are gone," said Leo relations judge. Rossmann, chairman of the reunion. "We've adver­ In Lake County, Willoughby Municipal Judge tised in the Ohio Bar and the Legal News for people to Richard Hoose, C-M '50, was elected judge of the get in touch with us." Anyone who was graduated juvenile court and Ross Avellone, C-M '59, was elected from either school in February or June, 1929, and who as judge of domestic relations court. has not received an invitation should call Rossman at These represent a partial list of C-M alumni elected 216/932-1456. or re-elected to public office last fall. The reunion committee consists of Cleveland Law School graduates Rossmann, William R. Adelman, William Fairgrieve, Winifred Hodous, J. Helen Slough, Oscar Johnson and Bruce Homer, and John Marshall graduates Margaret Mahoney, Ben M. Cohen and C-M grads head bar groups Edward Meyers.

Cleveland-Marshall alumni head both Cleveland­ area bar associations. Leo M. DeGrandis, C-M '50, now available to alumni a Cuyahoga County Common Pleas judge, was The Gavel installed as president of the 1850-member Cuyahoga County Bar Association last year and Andrew L. The Gavel, Cleveland-Marshall's student Johnson, C-M '59, heads the 4100-member Bar Associ­ newspaper, is offering one-year subscriptions to ation of Greater Cleveland (GCBA). alumni and friends for $6 per year which includes DeGrandis, 57, started his law career as special postage and handling. The Gavel publishes counsel to the state attorney general. He had been in monthly from September to June . private practice since 1958 and has served on the Interested friends should send their name, Parma Civil Service Commission for 10 years. address, and $6 check to: Johnson, 47, the first black president in the history Business Manager of the GCBA, is a hearing examiner for the Ohio Civil The Gavel Rights Commission and a labor-management arbitra­ Cleveland-Marshall College of Law tor. He said that fewer than 10,000 of the country's Cleveland State University 430,000 lawyers are black. Cleveland, Ohio 44115 Johnson has been in the general practice of law since 1960.

9 new placement head Nancy Goldman sees job as counselling, p.r. C-M's new full-time placement director, Nancy S. lead to jobs. fa... job search places the job seeker in a one­ Goldman, sees her job as a combination of counselling to-one interview, arranged by Goldman, with anyone C-M students and alumni and handling public in the candidate's field from whom he or she can get relations on cheir behalf. advice on where one, with his or her qualifications, ' Goldman, who joined would fit. C-M in November after "Often job search interviews end up in a job, but the three years as female primary purpose is informational and these inter­ placement counsellor for views are more relaxed than a job interview. It could the Jewish Vocational work here if someone would spare a half an hour to Service (JVS), spends give students suggestions." about "50% of my time Two alumni, Patricia Kleri, C-M '76, and Terry counselling students and Gravens, C-M '77, both of whom served as law clerks alumni on resumes, cover at the Eighth District Court of Appeals, led a program letters and how to present at Marshall in April on applying for judicial clerk­ themselves and 50%of my ships. time in field work, talking Goldman wants to involve other alumni in the job to firms, corporations, search program, including those in smaller firms or banks, judges and gov­ solo practice who are not in a position to hire anyone ernmental agencies." but who have contacts within the bar associations or She urges job seekers to explore job possibilities on know of friends who are hiring. their own as well as through her office and warns She confirmed what many C-M job seekers have students and alumni not to be discouraged by too discovered - the job market is tight. "It's tight for any many unproductive interviews. "Each interview is professional now," she said, "but if one is willing to better than the one before, and you learn from each wait a period of time or to accept an allied position, the one." situation doesn't appear to be too grim." Goldman expressed concern for the 90% of the students who do not finish in the top 10%oftheir class and implied that these are the ones who need a placement person most. These people should stress "a unique quality that someone else does not have," such as a marketable undergraduate major, volunteer There's a new look in Room 125, the Placement activities, previous employment or hobbies. Office. Plants are growing, the decor is different and "You may run into a potential employer with a the furniture has been moved. And the face behind the similar bowling average," she said. desk is new too. Most of you know by now that, as the Goldman has visited CWRU and pla ns to visit other new Placement Director, I have been actively recruit­ law schools and is developing contacts among alumni ing jobs for both students and alumni. I'd like to meet and others. each of you individually, but this is an impossibility. Therefore, if you hear of any jobs, please let me know . . . . At this time of year there is the usual last-minute "You may run into a potential employer flurry of interviews, job offers and even resume with a similar bowling average." updating. The Placement Office has been bogged down with requests for help in finding summer jobs, work­ study opportunities and full-time jobs for evening A Cleveland native with an A.B. from Brown, students. We're also scheduling on-campus fall Goldman has been an advertising copywriter, a high interviews. Never a dull moment. ... Our "spare time" school composition aide and a Weight Watchers is taken up with the Judicial Clerkship study (survey­ training supervisor. Her job at JVS was placing ing all the judges in the State of Ohio), our 1978 women who ranged from high school graduates to graduate study (if you haven't returned your question­ Ph.Ds. She has found no problem working with men as naire, DO IT NOW!), a new Placement brochure, well. scheduling seminars for the students (on interview­ As for sex, race and age discrimination in the law job ing, etc.) and making new contacts .... If you're ever up market, Goldman says it is too early for her to tell our way, drop in to Room 125 - The "pot is always whether they exist but she is watching for and on," and I'm always eager to share a cup of coffee and attempting to cope with any such problems brought to make a new friend. her attention. At JVS she was involved in job search and job development, two functions she plans to try at C-M. Job development specifically pursues contacts that ~~' 10 default's not mine State has power to run city finances By HAROLD W. BABBIT, Associate Professor of Law

Mayor Dennis Kucinich extraterritorial impact is not a power of local self­ has warned that Gover­ government but is a matter for the General Assembly. nor Rhodes is attempting Any suburban official can testify to the spill-over to take over the City of effect of the Cleveland situation on his suburb's Cleveland with his state financial standing; thus even under the "home-rule" Financial Control Board provisions the state has the power to act. legislation. How can this So the Mayor is right. The state has the power to be? After all, Lieutenant take over financial control of Cleveland once the Governor George Voino­ appropriate legislation is enacted by the General vich said in late De­ Assembly. The Voinovich position of December has cember, 1978, that Cleve- been replaced by Governor Rhodes' plans of January to 1anders must help intervene if necessary. themselves because the Governor Rhodes' position is encouraging. The state is powerless to in­ Voinovich position was disturbing in that it was tervene in Cleveland fi­ reminiscent of previous instances where a political nancial affairs due to its "home-rule" status under the position was cloaked in the dignity of law, such as the Ohio Constitution. State Auditor Ferguson has also state's initial indifference to local school closings, occasionally pointed out that his hands are tied. justified on the ground that "local control of schools" The curious notion that Cleveland is a city-state, a dictates such closings if that is what the local citizenry government so independent from Ohio that the state wants. State politicians pointed to state statutes must sit idly by, springs from the "home-rule" insuring local control as justification for their inac­ provision, Section 3 of Article XVIII, of the Ohio tion, ignoring the mandate upon the General Assembly Constitution: "municipalities shall have authority to contained in the Ohio Constitution to "secure a exercise all powers of local self-government .... "This thorough and efficient system of common schools provision was adopted in 1912 to abolish the legal throughout the state .... "[Section 1 of Article VI.) As doctrine that cities were mere creatures of the state a result, the state effort (or more accurately, lack of and had only such powers as were granted from time effort) to finance local schools was held unconstitu­ to time by the General Assembly, a doctrine that had tional by a state court of appeals. Here, too, Governor been conveniently - and often incorrectly - invoked Rhodes has indicated a desire to rectify the situation, by city officials to excuse municipal inaction: "We without waiting for a decision from the Ohio Supreme would like to help you but the state has not given us Court [although it is doubtful his plans meet the the power to act." The 1912 change was designed to unconstitutionality issue). strip the city officials of their excuses and give cities Now that the state has realized that it has the power the powers they needed to govern themselves. to help with Cleveland finances, I trust that it will act Nevertheless, the city-state notion is invalid be­ with alacrity if help is needed, and that the Mayor will cause it ignores two other provisions in the Ohio continue to concede that the State has that power. Constitution which give specific authorization to the Cleveland cannot afford unnecessary judicial rumina­ state to intervene in municipal finances in language tions on home-rule. which seems particularly apt to the Cleveland situation: "The General Assembly shall . .. restrict [municipalities] power of taxation, assessment, bor­ rowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power." [Section 6 of Article XIII, adopted in 1851.) And also, "Laws may be passed to limit the power of municipali­ ties to levy taxes and incur debts for local purposes, and may require reports from municipalities as to their financial condition and transactions ... and may provide for the examination of the vouchers, books and accounts of all municipal authorities . .. " (Section 13 of Article XVIII, adopted in 1912.) Here is ample authority for the state to take action. In addition, even the "home-rule" constitutional provision refers only to "powers of local self­ government" and the Ohio Supreme Court has held Yes, I'm from Cleveland, but let met assure you that that the exercise of a power by a city which has I had nothing to do with the default.

11 m~~ , f~ Liz Moody, expert at corporate deals, had trouble finding a job· at first

' Lizabeth A. Moody, one of the first women in the brought me to Cleveland but it was clear they weren't C-M faculty, is an expert in non-profit and closely­ going to hire a woman," held corporations, corporate tax and "making deals;" After her graduation from law school in 1959, she she is an Ohio Public Defender Commissioner and, passed the Connecticut Bar, got a job and married Alan until recently, was a member of the HEW Civil Rights Buchmann who earned his LL.B. from Yale in 1960. She Reviewing Authority. kept her maiden name, she said, because "I like my But in 1960 Moody name, And I'm the last member of my family." She has came to Cleveland with a no siblings nor Moody cousins. Yale law degree, a year's Even though Moody was not hired by SS&D, she experience in litigation was impressed with the firm and recommended it to and had trouble finding a Buchmann. Now a partner at SS&D, he was hired in job. "No one wanted 1960 and the two of them came to Cleveland on a bus women or anyone with boxes of books and $300. "We spent $260 of it to whose husband worked take the Ohio Bar Review Course," she said. for Squire, Sanders & "When husbands and wives work for different law Dempsey." She met J. firms and the firms litigate against each other, there's Helen Slough, an expert no conflict of interest," Moody observed. "The same in patent law, who rules should apply to spouses as to fathers and sons or warned Moody , that brothers," she said. Cleveland was "a bad "Our firms often litigated against each other," said town for women attor­ Prof. Moody, "and we were very close-mouthed about neys." Moody worked for Slough as an associate and, business at home. But to say that husbands and wives after further developing her skills, Moody was hired by and eventually became a partner in Metzenbaum, Gaines, Krupansky, Finley & Stern, now Gaines, "They didn't think that a women Stern, Schwarzwald & Robiner. Moody left the firm when she began teaching full-time at C-M in 1970. could teach all of those older At one point "a prominent firm offered me money beyond my wildest dreams for my expertise," she said, men ... " "but they wanted to give me a month-to-month contract and would not put my name on the letter­ head." can't work for opposing law firms would mean that a lot of people would not be able to practice in the same city." While at Gaines, Stern, her clients ranged from "When husbands and wives work small corporations to an international union. Moody for different law firms ... there's no became skilled in making corporate deals, an art she tries to impart to students in her corporate planning conflict of interest." institute. She also became interested in non-profit organizations and is writing 3 casebook on the subject with Clyde Lindsay of Northern Kentucky. "Cleveland-Marshall is a center of research for non­ No stranger to sex discrimination, the Yale Law profit organizations," she said. "Professor Emeritus School graduate was, with fellow Yalie Professor Jane Howard Oleck had written an outstanding treatise on Picker, a co-founder of the Women's Law Fund. the subject," she said. Her interest in non-profit corporations and in sex *** discrimination led to the founding of the Women's Law Liz Moody was born in Johnson City, Tenn., Fund in 1972. attended high school in Dayton and then Barnard The Women's Law Fund, a national public founda­ College on a Junior Achievement scholarship that tion based in Cleveland, is funded by the Ford requried her to edit a J.A. magazine while in school. Foundation to offer legal services on women's issues She went to law school with her family's blessing. involving employment, education, government bene­ "My father was a feminist. He said I should learn a fits and insurance. Most cases involve employment trade because it was clear I couldn't type." discrimination. While at Yale "I was the first woman interviewed by Squire, Sanders for their summer program. They even Continued on page 24

12 • Aldrich obtains • Baker hosts • Browne article Pike & Fischer radio show reprinted

Professor Ann Aldrich was on Professor J. Patrick Browne's released time from the law school article, "The Demise of the Declar­ last spring serving as interim atory Judgment Action as a Device chairman of the board of directors for Testing the Insurer's Duty to of the Citizens Communications Defend: A Postscript," which first Center, the leading public interest appeared at 24 Cleve. St. L. Rev. 18 law firm in Washington, D.C., a (1975) , h as been reprinted at 10 firm committed to creating access International Society of Barristers to the broadcast media. Prof. BROWNE Quarterly 313 and has been quoted Aldrich succeeded Henry Geller, in the Defense Research Institute's who was appointed undersecre­ recent monograph, "Insurer's Duty tary of commerce by President to Defend." Carter ... In March, 1978 Prof. Aldrich spent nearly a month as a *** fellow at the Harvard-sponsored Salzburg Seminar in Austria con­ Law School League sidering problems of international SH ETTEL MORSE telecommunications. She was one meets at Marshall of six American participants among 44 from 17 different coun­ Representatives of the nine tries . . . In April, 1978, Prof. colleges belonging to the League of Aldrich organized a day-long con­ Ohio Law Schools met at tinuing education course on Legal Cleveland-Marshall April 27. Aspects in Communications - Highlight of the meeting was a Update. Professor Joan Baker three-hour program in which Pro­ discussed the Freedom of Informa­ RUBEN GARD fessor Howard Fink discussed tion Act and Prof. Aldrich dis­ Ohio State University's computer cussed equal opportunity rights ... grading program. Prof. Aldrich was guest speaker at BULLETIN the CSU Alumnae Association's The League meeting, the first in Senior Recognition Day program Cleveland-Marshall's first tim­ recent years to be held at a law discussing "New Roles for Women ers in the February, 1979 Ohio Bar school, included informal tours of in the Media." ... As part of the Exam scored a 97% pass rate - the the new C-M and Case Western library campaign Prof. Aldrich highest among the nine Ohio law Reserve University law buildings. obtained a gift of 17 volumes of schools. Fifty-seven of C-M's 59 Separate meetings were held for Pike & Fischer Radio Regulations first-timers passed. financial aid officers, chaired by from the National Cable Televi­ Toledo was second with a 96% C-M's Marlene Shettel; professor­ sion Association in Washington. pass rate for first timers - 48 out law librarians, chaired by C-M's These volumes, which were out of of 50. Anita Morse; and placement offic­ print when the library bought its Overall C-M's February pass ers, chaired by C-M's Nancy Gold­ original set, are believed to give C­ rate was 85.1%. The state average man. M one of only two complete sets of was 86%. Other discussions concerned Pike & Fischer in Cleveland. co ntinuing legal education, Profes­ sor Alan Miles Ruben, C-M; defa­ *** * * * mation, Assistant Professor Ste­ Associate Professor Harold W. Professor Joan Baker is now an phen W. Gard, C-M; legal writing, Babbit presented a workshop to elected member of the American Professor Oliver Schroeder, Ohio Municipal attorneys on Law Institute (ALI) which writes CWRU; and clinical legal educa­ "Constitutional Limitations on the and publishes the Restatements of tion, Professor David Barnhizer, Zoning Problem" in February, the Law .. . . Prof. Baker has also C-M. 1978 .... Prof. Babbit's updated been hosting a weekly half-hour Besides OSU, CWRU and C-M, article of Ohio's right to intervene radio program, CSU Forum, since other schools represented at the in Cleveland's financial situation, May, 1978. It is broadcast at 8:30 League meeting were Cincinnati, published at page 11, originally on Sunday mornings on WGAR, Dayton, Capital, Ohio Northern, appeared in The Cleveland Press. 1220 AM. Toledo and Akron.

13 •Cohen discusses • Forte publishes Garlock writes labor law Mid-East commenfs • on children

Professor Edward Chitlik dis­ and Prof. Lizabeth A. Moody cu~sed the Bankruptcy Reform Act attended a seminar at the Univer­ of 1978 at the National Exterior sity of California at Berkeley on Building Products Credit Associa­ ancient law sponsored by the tion in Birmingham, Ala., and at National Endowment for the Hu­ the National Appliance Manufac­ manities .... Prof. Forte published turers' Credit Association in an article on teaching natural law Atlanta, both in January. in the Journal of Legal Education and is publishing a secondary *** school text on the U.S. Supreme Professor Hyman Cohen has Court. An article on "Islamic Law: presented several speeches and The Legacy of Jos eph Schact'' was appeared on several panels dis­ to be published earlier this year in cussing recent developments in the Loyola International and Com­ labor law and arbitration. In parative Law Annual. .. . Prof. March, 1978, Prof. Cohen directed Forte participated in a co nference a workshop on arbitration in FORTE on "Rights Theory" in San Diego discharge and discipline cases at sponsored by the Institute for the Second Annual Federal Media­ Humane Studies and gave a lecture ments on Middle Eastern law in tion and Conciliation Service on Islamic law at Harvard in April. [FMCS) Region Four Arbitrator the April, 1978, issue of the Ameri­ Symposium in Romulus, Michi­ can Journal of Comparative Law. * * * gan .... Prof. Cohen discussed the .. . He attended the meeting in An article by Associate Profes­ "Administration of the Collective April, 1978, of the American Socie­ sor Peter D. Garlock, '"Wayward' Bargaining Agreement" with the ty of International Law ... Prof. Children and the Law, 1820-1900: Stark County Personnel Associa­ Forte prepared a report on the The Genesis of the Status Offense tion in Canton in April, 1978 .... He American law of obscenity for a Jurisdiction of the Juvenile Court" spoke on "Current Developments British commission on obscenity. was scheduled to be published in in Collective Bargaining and the ... During the summer Prof. Forte the Georgia Law Review in April. National Labor Relations Act" at the Cleveland Labor Conference held at Cleveland-Marshall in September .... Prof. Cohen spoke to the American Arbitration Asso­ Marshall Fund to bring Ginsburg ciation on "How Arbitrators Reach Decisions" in December at the Bond Court Hotel and discussed "Labor Disputes in the Public Sector" at Fairmount Temple's Sunday Morning Forum in Janu­ ary .... In April at the Bond Court Hotel Prof. Cohen moderated a panel discussing the impact of legislation on collective bargain­ ing at the sixth annual Seminar on Collective Bargaining co-spon­ sored by CSU's Industrial Rela­ tions Center and the FMCS. CLEVELAND-MARSHALL FUND VISITING scholars for the 1978-79 school year were (from left) * * * Professor Guido Calabrese, nationally-known expert on tort law; Professor John Kaplan, evidence Professor James T. Flaherty specialist. and Professor Clyde W. Summers. outstanding labor law scholar. Visiting scholars spend discussed living wills and nurses' two days on campus. culminating their stays with a formal Cleveland-Marshall Fund lecture, many of which are published in the Cleveland State Law Review. Engaged as 1979-80 visiting scholars records as legal records with are Professor Ruth Bader Ginsberg of Columbia University, scheduled for November. and Dean nursing students at Fairview Gen­ Sanford Kadish. University of California at Berkeley (Boalt Hall). scheduled for May. Negotiations eral Hos pi ta! last fall. have been concluded with Ronald R. Dworkin of New York University who also holds the chair of Associate Professor David F. jurisprudence at Oxford. leaving only the dates to be arranged, according to C-M Professor David B. Forte published two short com- Goshien. Cleveland-Marshall Fund chair.

14 Greenwood named • Kuhns writes Morse trains FDA • assistant to Dean for Yale L.J. • consumer advocates

Professor David B. Goshien Assistant Professor Stephan served as reporter for the Cleve­ Landsman's article, "Can Locali­ land Conference on Tax Simplifi­ ties Lock the Doors and Throw cation in April, 1978 and delivered Away the Keys? Fiscally Motivat­ a paper on "Contract and Public ed Suspensions of Public Educa­ Policy" at Cleveland-Marshall's tion Programs: A Proposed Equal conference on small corporations Protection Analysis" was pub­ in September, 1978. lished in the July, 1978, Journal of GREENWOOD JACOBY *** Law a nd Education. Walter Greenwood, Jr. , C-M's *** placement officer from 1974 to Professor and Law Librarian 1978, was named assistant to the Anita L. Morse participated in a dean in fall quarter, 1978. Mr. Food and Drug Administration Greenwood, a retired U.S. Army program co-sponsored by the colonel, has been with Cleveland­ George Washington University Marshall since 1970. He holds Law School in Pittsburgh last June KELLMAN degrees from the Virginia Military KUHNS as a trainer in consumer advocacy Institute and George Washington for state consumer representa­ University and was on the Com­ tives .... Prof. Morse mediated a mand and General Staff College panel on Clinical Legal Education and the ational War College. in Ro chester, N.Y. at the June convention of the American Asso­ *** ciation of Law Librarians (AALL). Professor Sidney B. Jacoby was Among the panelists was Asso­ elected to the American Law ciate Professor David Barnhizer, Institute .... At the request of Prof. director of C-M's Legal Clinic .... Arthur von Mehren, Harvard Law In August Prof. Morse discussed School, Prof. Jacoby commented in detail on a long draft which a British professor had written on new methods of teaching legal the laws of French and German research at the Southeast Chapter of AALL meeting in Lexington, Ky. government contracts for the In­ Supp. available . . . In September Prof. Morse ternational Encyclopedia of Com­ headed the CSU Support Services parative Law .... Prof. Jacoby's to Browne's Notes Task Force. . . . At the AALS article, "A Proposal for Modifica­ convention in Chicago in January Supplementary material to In­ tion of the Ontario Appellate troduction to Ohio Civil Proce­ Prof. Morse directed the continu­ Practice" was to be published in ing law library education work­ dure, popularly known as the new United States/Canada "Browne's Notes," is available at shop ... . Just before Prof. Morse Law Journal issued by CWRU in left the University of Detroit the law school support services March, 1979 .. . . Prof. Jacoby has office at 5¢ per page and is on School of Law last year, she was just completed an article on the given the Outstanding Faculty reserve (and suitable for Xeroxing Contracts Di sputes Act of 1978. at 5¢ per page) at the C-M library. Member award by the school's Moot Court board. The two-volume treatise, pre­ *** pared by C-M Professor J. Patrick *** Assistant Professor Barry Kell­ Browne, had been used by his civil Distinguished Professor Emeri­ procedure and motion practice man was to publish an article on "Vertical Territorial Restrictions tus Howard L. Oleck recently classes since about 1974 but is now and the Limits of Planning" in the published an historical paperback out of print. "It won't be reprint­ summer issue of the Antitrust Law novel, The Lion of Islam . ... His ed," said Browne, "because it can't Journal. column, "Law for Living" appears be done for less than five cents per in more than 40 newspapers in page." The original volumes total *** orth Carolina . . . Prof. Oleck nearly 1900 pages. Professor Richard B. Kuhns' resigned from Wake Forest Uni­ Nevertheless Browne has been article, "The Summary Contempt versity School of Law last fall and collecting material to update the Power: A Critique and a ew is now on the faculty of Stetson notes and "so far it's about $5.00 Perspective" was published at 88 University College of Law, St. worth," he said. Yale L. J. 39 (1978). Petersburg, Florida.

15 • Rosenberg is v.p. Sheard leads Shefte/ of ABA group • censorship· talk • certified

Professor Jane M. Picker was among the participants in the May, 1978, Judge Bernard Ostrovsky Forum in Cleveland Heights. Judge Ostrovsky, a Marshall graduate and judge of Cleveland Heights Municipal Court, died in 1968. The annual forum honors his memory. The panel in which Prof. Picker participated was entitled "Human Rights: National and Internation- a.1 " *** Assistant Professor Ronald H. Rosenberg has been nominated vice chairman of the Urban Envir­ onment subcommittee of the ABA Natural Resources Bar section .... Prof. Rosenberg recently pub­ lished "The Location of Industrial Sources of Air Pollution in Non­ Attainment Areas" in 11 Natural THE JOSEPH W. BARTUNEK Ill Law Library was formally named after the 1955 C-M graduate who was one of the founding members of the CSU Board of Trustees at Resources Lawyer 511 (1978). His ceremonies at the law school last fall. Dean Robert L. Bogomolny congratulates article, "Federal Environmental Bartunek as Chairman Robert Storey of the CSU trustees and CSU President Walter Review Statutes," is scheduled to Waetjen look on . Dean Bogomolny reports that the $1 million library fund drive has appear in Volume 27 of the Cleve­ reached more than two-thirds of its goal. Alumni will be actively solicited soon, the dean land State Law Review. added . *** year of certification 10 veteran plinary approach to the study of Professor Alan Miles Ruben administrators, including CSU's law." addressed the Federal Mediation Financial Aid Director William R. *** and Conciliation Service's regional Bennett, were professionally certi­ Professor Robert J. Willey has arbitration symposium in Cincin­ fied. Ms. Shettel joins Barbara published two articles, participat­ nati in March on "The Use of Prior Grothe and James Malloy of CSU ed in two discussions and argued Awards and Decisions of Other and 56 other Ohioans to be provi­ in the Ohio court of appeals. The Agencies in Arbitration Proceed­ sionally certified from among 248 Case for Preferential Admissions ings." eligible members of the associa­ appears at 21 Howard L.J. 175 (1978) and The Proposed Ohio *** tion. Juvenile Code of 1977-78 is pub­ Professor Kevin Sheard served lished at 39 Ohio State L.J. 273 as discussion leader for "Censor­ *** (1978) .... Prof. Willey discussed ship in the Library" for the Ohio Assistant Dean Janice Toran "Legal and Zoning Issues in Foster White House Conference on Li­ Home Placement" at the Ohio braries and Information Services discussed "A Career in Law" at career day last spring at Denison Youth Commission's Community in May, 1978 .... In January he Elementary School in Cleveland. Care Conference in September and discussed censorship and litera­ he spoke on the implications of the ture with a Cleveland club "which Bakke decision before Phi Delta prefers to avoid publicity," accord­ Kappa in October .... Prof. Willey ing to Prof. Sheard. *** Wolf Von Eckardt, Albert A. wrote the appellate brief and *** Levin Professor of Urban Studies, argued before the Ohio Fifth Dis­ Marlene Shettel, financial aid discussed "Law, Lawyers and the trict Court of Appeals on the administrator, completed her first Urban Problem" in Professor Alan validity of a zoning resolution year in the student aid world by Miles Ruben's local government used to exclude foster homes passing the first provisional certi­ law class last fall. Prof. Eckardt's which accepted direct placements fication exam of the Ohio Associa­ contribution was described by from the Ohio Youth Commission tion of Student Financial Aid Prof. Ruben as "a significant in Carroll v. Washington Town­ Administrators. In the inaugural contribution to the inter-disci- ship Zoning Commission.

16 Juvenile Justice Task Force supports legislative reform

By ROBERT J. WILLEY, Professor of Law Ju venile reform legislation is currently under problems can only be solved by the families or schools. consideration in the Ohio General Assembly. House In addition, the court's coercive power may have Bill 460, passed by the House last year, was recently caused children who are having trouble at home or introduced as Senate Bill 106. The juvenile judges school to run away and engage in crime to support opposed H.B. 460, but have recently introduced S.B. 85 themselves. The legislation prohibited their commit­ which accepted some of its reforms. ment to the Ohio Youth Commission [OYC), and I would like to analyze limited their commitment to secure and non-secure these bills and support facilities. passage of S.B. 106. S.B. 85 eliminates the label of "unruly" but continues First, I would like to every power over status offenders currently in our emphatically deny that present legislation. The bill limits commitment of H.B. 460 deprived the children to secure facilities to 90 days, but continues juvenile courts of any the power to declare them delinquent if they violate a power or jurisdiction court order, and commit them to our very expensive over children w ho com­ OYC institutions. There is no vali d legal, moral or mit crimes. correctional premise that will justify commitment of We, on the Juvenile children who do not violate a criminal law to the Ohio Justice Task Force, Youth Commission and § 2151.02(B] should be re­ agreed that the court's pealed. power to waive serious offenders for trial as adults should be continued exactly as before. The jurisdiction over children who commit lesser crimes Community programs are cheaper, do a was not diminished, though in line with the trend much better job, but state appropria­ toward definite sentencing, H.B. 460 limited the time a child could be held to the maximum term for which an tions are needed to start them ... adult could be sentenced for the same crime. The House reduced the maximum term to the minimum sentence specified in the criminal code for adults. Consistent with most recent recommendations we modified the court's jurisdiction over status offenders. H.B. 460 did have a fiscal impact on small counties. We eliminated vague language such as disobedient, It prohibited co ntinued detention of children in adult deports, morals, disreputable, vagrant, vicious, crimi- jails, required that referees be lawyers, and emphas­ ized community treatment. Since this movement to local detention and correctional facili ties and pro­ grams involves some cost, H.B. 460 recommended Many think juvenile courts harm status closure of Fairfield and use of that money to subsidize offenders making it likely more will this movement. The Task Force and the OYC agreed that Fairfield harmed juvenile justice and was become criminals ... unneeded. Only 414 of the 2500 youths a t OYC had been committed for a violent offense. All groups agree that the smaller counties need help to start community programs, and the total amount nal, notorious and immoral, but continued jurisdiction spent on juvenile justice will ultimately be less. over children who are truant from home or school or Community programs are cheaper, do a much better found in a place prohibited by law, as well as those job, but state appropriations are needed to start them who violate any law concerning sexual conduct, and to subsidize their operation. marriage, employment or any other law applicable to a The movement to community corrections started in child. California in 1963, has been expanded each year since Many think juvenile courts harm status offenders then, and has saved that state millions of dollars. It and make it likely that more will become criminals in has worked better than institutional programs; and the future. The court's power over truants from home there has been no loss of community safety. has not solved the runaway problem; nor has its power over truancy caused children to go to school. Such Continued on page 22

17 ALUMNI DEATHS Edward R. Becker, Jr. Chester B. Gynn Edward R. Becker, Jr., C-M '68, Chester B. Gynn, C-M '58, served sp,ent four years with the Legal Aid as a substitute judge and referee in Society of Cleveland before enter­ Lakewood Municipal Court for ing private practice specializing in eight years before his death in criminal law as a partner in the March at the age of 51. Mr. Gynn Cleveland firm of Hardiman, earned his undergraduate degree Becker, Feld & Riffe. He was 35 in engineering after serving in the when he died in March, 1978. Navy during World War II and earned his law degree while work­ ing for General Electric Co. and Hyman J. Blum McGraw-Hill publications as an engineer. Hyman J. Blum, C-M '25, was considered one of the most suc­ cessful divorce lawyers in Cleve­ Msgr. Edward J. Halloran land before his death in January at Msgr. Edward J. Halloran, C-M the age of 75. Mr. Blum often gave MR. BROOKS MR. CALLAHAN '38, was ordained a priest in 1940 free advice and legal assistance to and served in the Cleveland Ca­ clients who could not afford to tholic Diocese until his retirement pay. He served on the Selective Service Board during World War in 1973 as pastor of St. Thomas II. More Church. He had also served served as Willoughby Municipal as diocesan director of the Holy Court judge from 1952 when the Name Society, director of the court was established until he Sodalities Union for Greater E. Dana Brooks retired in 1971. Earlier in his career Cleveland colleges and nursing he was a justice of the peace of E. Dana Brooks , C-M '26, re­ schools, chaplain for the Knights Willoughby Township for 20 years of the Alhambra and adviser to the ceived the Cuyahoga County Bar and served as law director of Association's Public Servants Family Life Bureau. Msgr. Hallo­ Willoughby for 16 years. Judge ran was 70 when he died in award in 1965 for his champion­ Clair served with the cavalry ship of children's rights. Mr. Arizona where he had moved after during World War I and was on the retiring. Brooks was director of the Domes­ Lake County Selective Service tic Relations Division of Cuyahoga Board during World War II. He Herbert G. Haserodt County Common Pleas Court from died in July at the age of 77. 1937 to 1970 after serving as legal Herbert G. Haserodt, C-M '31, counsel for the Cleveland Hu­ was an attorney for the Illuminat­ mane Society for eight years. He ing Company for 25 years before was also legal counsel for the old Edward M. Greenwald his retirement in 1962. He died in Cleveland Children's Bureau and Edward M. Greenwald, C-M '61, March at the age of 82. the Jewish Children's Bureau. Mr. sports investor, restaurateur, cor­ Brooks died in December at the age porate and tax attorney, died in of 74. March, 1978, at the age of 43. He Thomas M. Kennedy was a partner in the firm of Thomas M. Kennedy, C-M '21, William E. Callahan McCarthy & Greenwald, until he retired in 1977. Mr. Greenwald specialized in corporate, probate William. E. Callahan, C-M '20, was among the Clevelanders who and real estate practice for 54 maintained law offices in both invested in the New York Yankees years until his retirement in 1976. Cleveland and Vermilion where he in 1973 and wrote the $3.7 million He died in April, 1978, at the age of lived for several years until he contract when the Yankees signed 82. closed his Cleveland office in 1973. pitcher Jim (Catfish) Hunter in Mr. Callahan, a former member of 1974. He was also a partner in the Paul S. Kisil the Vermilion School Board, died Samurai Japanese Steak House in October at the age of 81. and the firm which operates Ar­ Paul S. Kisil, C-M '54, was a by's restaurants in Pittsburgh and Parma councilman from 1967 until Milwaukee. In addition to his J. D. 1976 when he was hired as pur­ Judge John F. Clair, Sr. Mr. Greenwald earned an LL. M. chasing agent for the city. Before from Western Reserve University becoming Parma purchasing Judge John F. Clair, Sr., C-M '32, and a doctorate from C-M in 1968. agent, Mr. Kisil was an accountant

18 ALUMNI DEATHS for the Kroger Co. for 22 years. He commercial law. He founded the served with the Air Force and the firm of Roemisch & Wright in 1932. Signal Corps during World War II He also served as law director in and joined the Foreign Service as a Highland Heights, helped estab­ translator in 1944. He spoke lish medical health insurance Ukrainian and Russian. Mr. Kisil programs, wrote the auto title law was 58 when he died in August. adopted by most states and was a founder of the predecessor of Blue Cross. Before becoming a lawyer Mr. Roemisch, who died in Sep­ tember at the age of 71 , had been a John C. Lyon reporter for the old Cleveland Leader and Cleveland Times. John C. Lyon, C-M '41, was an attorney for the Nickel Plate Railroad from 1941 to 1952 before Paul Sherwin entering private practice to spe­ Paul Sherwin, C-M '42, was a cialize in criminal law. Mr. Lyon, JUDGE MILLER MR. O'DONNELL 69, died in November. lawyer for 34 years until he retired in 1972. He died in June, 1978, Herman A. Osher while vacationing in Rome. Herman A. Osher, C-M '28, served as assistant attorney gener­ al in the early 1960s but spent most Jeffrey Stein Judge Ray C. Miller of his legal career specializing in Jeffrey Stein, C-M '77, collapsed Judge Ray C. Miller, C-M '44, real estate and probate practice. while jogging in September and retired Cleveland municipal judge He retired in 1977 and moved to died at the age of 27. Mr. Stein and long-time Cuyahoga County Florida where he died in April, practiced law with his father, elections director, died in De­ 1978, at the age of 69. Stanley E. Stein, C-M '62, and also cember at the age of 76. His first served as a referee for Cleveland political venture was a seat on the Heights Municipal Court. Cleveland School Board which he M yron Penty, Jr. won while on the faculty of John Myron T. Penty, Jr., C-M '40, a Carroll University in 1931. He Judge Michael A. Sweeney served as president of the school justice of the peace for the former board and taught at Carroll until Warrensville Township, died in Judge Michael A. Sweeney, C-M 1938. He was elected Ward 9 May at the age of 64. Mr. Penty '51, was stricken with a rare councilman, serving from 1937 to succeeded his father as justice of neurological ailment shortly after 1945 when he ran for mayor the peace until the office was he was elected to the Cuyahoga against incumbent Thomas A. abolished in 1957. He maintained a County Common Pleas Court Burke. After his defeat Mr. Miller law practice in downtown Cleve­ bench but continued to do court was appointed to the board of land. work at home until his death at age elections which he headed until 57 in December. Judge Sweeney 1967 when he was appointed to the was a marine corps lieutenant in Municipal bench by Governor Harold C.L. Reich the Pacific Theatre during World Rhodes. He was elected to the Harold C. L. Reich, C-M '33, War II. He served as an assistant municipal bench in 1969 where he practiced law part-time after he county prosecutor from 1955 until served until he retired in 1975. opened and operated a bar and 1957 when he was elected to the restaurant in East Cleveland in first of five terms in the Ohio 1940. Until opening the Euclid­ house. He gave up his seat in the Taylor Buffet he had an office in legislature in 1966 to wage two downtown Cleveland. Mr. Reich unsuccessful campaigns for the Valle F. O 'Donnell died last year at the age of 70. 20th district Congressional seat. After supporting James V. Stan­ Valle F. O'Donnell, C-M '53, was ton's successful effort for the seat a specialist in litigation and pro­ M . Alfred Roemisch in 1970, Mr. Sweeney was named ducts liability for the firm of administrative assistant to the McNeal, Schick & Archibald in M. Alfred Roemisch, C-M '28, a new congressman, administering Cleveland. He died in August at trial lawyer for more than 50 Stanton's Cleveland-area office for the age of 54. years, specialized in labor and six years.

19 ---ALOMNI DEATHS---- Esther B. Taft Ashley M. Van Duzer Esther B. Taft, C-M '29, joined Ashley M. Van Duzer, C-M '17, the legal department of Central was a member of the firm that National Bank after her gradua­ became Arter & Hadden for 49 tion from law school and remained years until his retirement in 1967 there until her retirement in 1958. from the firm then known as Arter, Ms. Taft was 83 when she died in Hadden, Wykoff & Van Duzer. June, 1978. From 1942 to 1961 Mr. Van Duzer JUDGE SWEENEY represented Ohio Bell in all rate cases before the P.U.C.O. and in Ida R. Toubkin the 1950s was special counsel to Ida R. Toubkin, C-M '25, had a the City of Lakewood in its attempt law office in Cleveland for a short to reroute the Rocky River Bridge time but spent most of her career around homes in Clifton Park. Mr. as a legal secretary. Ms. Toubkin Van Duzer died in March, 1978, at was secretary to lawyer Suggs I. the age of 81 in Florida. Garber before moving to Califor­ MR. VanDUZER MR. WHITMER nia in 1949 where she was a legal Elmer J. Whiting secretary in Beverly Hills for 25 1973. Ms. Toubkin died in June, years. She returned to Cleveland in 1978, at the age of 79. Elmer J. Whiting, C-M '37, never practiced law despite having his law degree. Mr. Whiting retired from his position as a bailiff in Cleveland Municipal Court in Roman T. Keenan, admiralty specialist 1966. From 1922to1932 he worked At the time of his death in April, ical Society, and of the Propeller as a clerk in the main post office 1978, Adjunct Prof. Roman T. Club. and then joined Municipal Court Keenan, a specialist in admiralty Mr. Keenen is survived by his as a deputy clerk. He received the law, was involved in legal matters wife, a son, a daughter, a sister and Cuyhoga County Bar Association's concerning the sinking of the ore one grandchild. outstanding public service award boat Edmund Fitzgerald. in 1966. Mr. Whiting was 83 when Mr. Keenan, who was 59 when he died in February. he died, was a recognized expert in Ben Lewitt, Tax Expert maritime law in Great Lakes Ben Lewitt, who was graduated shipping circles in the United summa cum laude from Cleveland­ Paul Whitmer States and Canada and he repre­ Marshall in 1951 was an adjunct Paul Whitmer, C-M '54, joined sented many major Great Lakes professor for 17 years until his the firm of Dittore, Whitmer & fleets including those of the U.S. death last August at the age of 61. Collins after his graduation from Steel Corp. and Cleveland-Cliffs Mr. Lewitt specialized in tax, Iron Co. law school and was a partner when having worked for the finance he died in November at the age of Mr. Keenan taught admiralty department of the Internal Rev­ 71. Before becoming a lawyer Mr. law at Cleveland-Marshall for enue Service before entering law Whitmer was a salesman, a bill more than 10 years. school. After scoring second high­ collector and clerk at the Federal A Cleveland native, Mr. Keenan est on the 1951 Ohio Bar Exam, Mr. Reserve Bank of Cleveland. earned his undergraduate de­ Lewitt went into private practice. gree from Miami University and He had earned his way through A. an M. in history from the undergraduate school by playing James N. Young University of Oklahoma. He joined the violin. He met his wife, cellist the United States Navy and served Florence Geschwind, in college. James N. Young, C-M '71, was an aboard destroyers in the Pacific After his graduation from the assistant Cuyahoga County pro­ theatre before enrolling in Yale University of Miami in Florida, secutor when he died last fall at the Law School where he earned his Mr. Lewitt served as chief warrant age of 49. Mr. Young started LL.B. in 1948. officer with the U. S. Army Fi­ studying for his law degree in 1955 Mr. Keenan was a senior partner nance Department during World while working as a district manag­ in the firm of Ray, Robinson, War II, earning the Purple Heart. er for a life insurance company. He Keenan and Hanninen. He was In addition to his wife, Mr. then operated his own insurance grand treasurer of the Internation­ Lewitt is survived by a daughter, a company and joined the prosecu­ al Ship Masters Association, a grandchild and brothers and sis­ tor's office after his graduation member of the Great Lakes His tor- ters. from law school.

20 Dean Stapleton dies, helped merge C-M

Dean Emeritus Wilson G. Stapleton died in March in Cleveland Law School in 1944 after teaching property Florida where he had retired. law for nine years. When the Cleveland and John From 1956 to 1963, in Marshall Law Schools were merged in 1946, Mr. a ddition to heading Stapleton remained as dean. Cleveland-Marshall Law Born in Maine in 1901 Mr. Stapleton served in the School, Dean Stapleton Royal Canadian Army in 1917-18 and then in the U.S. served as mayor of Shak­ Army as a pilot until 1924 when he entered Boston er Heights and main­ University. He earned his undergraduate degree in tained a priva te law prac­ 1928 and moved to Cleveland to join the faculty of tice, working 70 to 80 University School in Shaker Heights, first as a teacher hours per week. He was and then as director of admissions. He was graduated mayor of Shaker Heights from Cleveland Law School in 1934 and joined its from 1956 to 1962. He faculty in 1935. retired as dean in 1967, Mr. Stapleton was foreman of the 1967 Cuyahoga becoming dean emeritus, County Grand Jury. He w as a past president of the and moved to Florida in League of Ohio Law Schools and a former trustee of the 1970. He passed the Flori­ Cleveland Legal Aid Society. da bar in 1972. Survivors include his wife, two sons and a daughter. Mr. Stapleton was named dean of the former

Prof. Auerbach, 81, taught for 40 years

Although he had been Professor of Law Emeritus Kaplan, Lawrence Tribe and Paul Rothstein and since 1974, Charles Auerbach continued to teach Counsel Roger Pauley of the House Committee on regularly at Cleveland-Marshall through the Fall , Criminal Justice in establishing the Federal Rules of 1979 quarter and was a visiting professor at Nova Evidence. University Law School in Fort Lauderdale, Fla., where Mr. Aµerbach was an adjunct professor of law at C­ he died in February at the age of 81. M from 1939 to 1969 and professor of law from 1969 Professor Auerbach until he became professor emeritus. He lectured practiced law for 57 frequently to the Cuyahoga County and Greater years, maintaining an Cleveland Bar Associations on civil procedure and office in the Leader Build­ evidence. ing, and was a law profes­ Professor Auerbach was active in the United Jewish sor for more than 40 years Appeal for more than 40 years, served on the specializing in evidence, administrative committee of the Zionist Organization ethics, trial practice and of America, was a !iirector of the Bureau of Jewish procedure and the Uni­ Education and served as chairman of the Jewish Court form Commercial Code. of Arbitration for 14 years. He was also active in In 1967 Prof. Auerbach became the first layman to many Jewish organiza­ publish an article in the Journal of the Central Council tions and lectured widely of American Rabbis. He wrote two books, The on the Middle East. Talmud: A Gateway to the Common Law and Re­ Mr. Auerbach earned fl ections on Martin Buber.He has written articles on his bachelor's and law degrees from Western Reserve cognovit notes, juvenile courts and lawyers' advertis­ University and an LL.M. from Cleveland-Marshall. He ing. also studied philosophy, economics, government and Professor Auerbach is survived by a son and two literature at Harvard University. He participated with grandchildren. His wife Celia died in 1977. Professors Edward Clearly, Ronald Carlson, John

21 Task Force supports juvenile justice reform ... from page 17 tion against w omen causes commitment of a much higher percentage of female than male status offend­ H.B. 460 also contained provisions that would correct current problems, and added new provisions ers. Some girls are committed to OYC for no other that would expand the power of the juvenile court. reasons than that they are poor and pregnant. H.B. 460 Currently the Ohio code contains no minimum age contained a provision designed to eliminate such limit for adjudication of children as delinquents or abuse. unrulies, though commitment to OYC is limited to H.B. 460 supported the family by emphasizing home those over 12. In 1975, in Cuyahoga County, 34 and community trea tment, prohibiting institutionali­ children eight years of age and under were adjudicated zation of status offenders, prohibiting continued use of jails, increasing reliance on foster and group homes, and diverting money from Fairfield to community treatment programs. Emphasis on juvenile court In Cuyahoga County 34 children eight coercive power to commit children is negative, destroys families and does not work. We must reject years of age and under were adjudicated the argument that the power to commit a child does anything other than diminish the family unit. We delinquent or unruly. should support the family with new or existing programs that might allow its survivial. Institutional programs are expensive failures; they can be justified delinquent or unruly. These children are dependent, only for the few children who represent a danger to neglected or mentally ill - not delinquent or unruly - society. and they should not•be so labeled. After a child has satisfactorialy completed proba­ tion, the power of the court relative to that child Adequate trial records must be made should be no greater than it is over any other child. Limits terminating jurisdiction should be included in and judges must . . . hand down written any new juvenile code. Currently, half of our counties detain unruly and opinions. delinquent children in jails and a recent study showed that most counties do not obey the current law that requires separation of children from adult inmates. The public should be able to monitor juvenile courts If jailing is allowed, separate detention facilities just as it does criminal courts. The judges now agree will not be provided and community treatment with this open court position. However, in order to programs will not be established. Local or regional protect very young witnesses the judge should have detention and treatment centers can use existing local the power to close the court during their testimony. programs to help troubled children and the staff can In order that trial courts may be monitored by satisfy the diversion and intake function, too. For all appellate courts, adequate trial records must be made these reasons, the use of jail to detain unruly and and judges must be required to hand down written delinquent children should be terminated. opinions. A good transcript and written opinion are needed to improve the appellate function. In turn, the courts must inform themselves as to the Discrimination against women causes effectiveness of treatment and correctional programs. commitment of a much higher percen­ None of the judges who testified before the Juvenile Justice Task Force had visited more than one or two of tage of female than male status offend­ the institutions to which children are regularly ers. committed. OYC officials confirmed that few judges had visited more than one of their many institutions. H.B. 460 required the judge to visit local institutions once a year, visit each OYC institution every three Our present code provides that juveniles should be years, and file a report available to the public showing treated in a family environment whenever possible, an understanding of the facility and its program. yet judges sometimes make harsh commitments and Those of us who practice in the juvenile courts are refuse to explain why. constantly faced with parents who are inadequate. H.B. 460 mandated the least restrictive alternative Often the child is more the victim than the offender, or an explanation as to why it was not accepted. This and the courts need the power to order the parent into provision is also in S.B. 85. counseling or treatment. The juvenile judges original­ Our present code establishes a preference for ly criticized this, but have now accepted it. women ref ere es in some cases. Such obvious sex discribination should be eliminated; but discrimina- Continued on page 24

22 The Pickers' international law institute matches Marshall against CWRU

A husband and wife team of law professors have teamed up to offer an unusual education experience. C-M Professor Jane M. Picker and Case Western Reserve Professor Sidney Picker Jr. teach an interna­ tional law institute involving students from both Cleveland law schools. The 1979 institute, the fourth since 1976, involved 11 students, including four from the University of Western Ontario in London, Ont. The Canadians were exchange students in the joint Canada-United States Law Institute sponsored by CWRU and Western Ontario. Institute students are divided into two negotiating teams, representing the governments of the United States and Canada. The Pickers formulate a problem of concern to both J. PICKER S. PICKER countries which becomes the subject of mock negotia­ tions. The topics chosen are realistic so that research materials are generally available but, in order to foster strengths and weaknesses. The Pickers overcome this problem by involving students from two different law schools. Additional stimulus to the negotiating atmosphere is attributable to the presence of the Canadian Negotiators may walk out in protest ... an exchange students who lend a distinct perspective and event that occured at least once recently add a certain authenticity to the proceedings. The opening of negotiations is marked by a formal following heated discussions "diplomatic" party hosted by the Pickers and attended by the deans of both law schools as well as Robert

an atmosphere of true negotiation, the topics are not issues already resolved by current treaty or agree­ ment. "The greatest challenge is learning to The 1978 topic concerned the exploitation of oil and suppress the temptation to speak out as an gas deposits in the Great Lakes basin. This year students negotiated the construction of a trans­ individual." national bridge over Lake Erie. The 1978 neophyte negotiators found enough to ag ree upon to draft a formal agreement. However, the Pickers are quick to point out, negotiations turn out differently each year - partly because of the insti­ Woolham, Canadian Consul and Senior Trade Com­ tute's focus on simulating a real negotiating situation missioner in Cleveland. At this affair the negotiators as closely as possible. The students themselves are have an opportunity to meet their opponents for the primarily responsible for deciding when and where first time. the sessions will take place and how they will be The Pickers stress that negotiation is vastly conducted. different from advocacy. As one C-M team member Indeed, the negotiators may walk out in protest if explained, "The greatest challenge is learning to necessary, an event that occured at least once recently suppress the temptation to speak out as an individual. fo llowing he.ated discussions. The whole idea is to speak at all times as a team Other more conventional courses that attempt to member and to remember that the goal is to reach an teach negotiating skills have a common drawback: the agreement that maximizes the team's position." student participants know each other as law school co lleagues, thus leaving out an important element of negotiation - uncertainty about the opposing side's -By Kurt Olsen

23 Task Force supports juvenile justice reform from page 22 There will still be cases involving mature older children who have proven their good citizenship by having completed high school, by having secured a job, and by having established a ,separate home for themselves, all with the consent of their parents. If such a youngster is under eighteen, the parent can order him to return home and quit his job, and if he refuses the parent can file an unruly complaint and have him ordered home. Both national studies recommend existing emanci­ pation laws be clarified so that where the older child can prove his good citizenship, the court can issue an emancipation order. H.B. 460 allowed the court to impose conditions and limitations on the order,

Meet Liz Moody ... limited it to those cases where the court could find that from page 12 it was in the best interests of the child, and allowed modification or revocation if conditions changed. Moody and Picker became involved as volunteers in The judges agree with many H.B. 460 positions: the the teacher-pregnancy case, Cleveland Board of Edu­ need for a time limit on secure confinement of status cation v. Lafleur. offenders, the elimination of detention of juveniles in "We found that that kind of litigation can't be done jails, the need for regional detention centers, the need with volunteers. Even if women lawyers give free legal for power to enable the courts to order inadequate services, expenses are involved for such things as parents to participate in therapeutic counseling, the depositions, typing, printing and e~pert witnesses." By the time Lafleur went ~p to the U.S. Supreme Court, the Women's Law Fund had been organized and was representing the Cleveland teacher who had been The judges endorse the idea that com­ discharged during the middle of her pregnancy. As Court followers know, Lafleur won! munity corrections programs work bet­ *** ter than state institutional ones. Moody joined the C-M faculty as an adjunct lecturer in 1967. Later that year Ann Aldrich was hired as the first full-time woman faculty member who was not affiliated with the library. 'They didn't think that a woman could teach all least restrictive disposition al al terna ti ves, open those older men," said Prof. Moody, "but they decided juvenile court proceedings, and many of the provi­ to let me try." She has been with C-M ever since, sions designed to strengthen family and community joining the full-time faculty in 1970 while on leave controls. from Gaines, Stern. She became a full professor in The judges endorse the idea that community 1973. corrections programs work better than state institu­ Moody has "taught everything" including federal tional ones. The leadership of the Ohio Youth jurisdiction, wills and trusts, equity, commercial law, Commission agrees that future emphasis should be on contracts "and, of course, the corporate courses." community treatment rather than state institutional For several years Moody lectured on corporations programs. The remaining differences are minor for the Ohio Bar Review and Writing Seminar and, compared to the areas where agreement has been with Howard Rossen, has co-authored the Smith's reached. Let us hope the General Assembly has time to Review series on corporations and wills. study and enact the few very needed reforms menti­ Her resume reads as if she were a viable candidate oned here. for federal judge - something she would be quite likely to be were she not a woman, a Republican and a Prof. Willey teaches juvenile law, has practiced before former partner of U.S. Senator Howard Metzenbaum. local juvenile courts and was a member of the Attorney-General's Juvenile Justice Task Force which By Gail Gianasi Natale made a complete study of juvenile justice in Ohio.

24 Women and Law C-M Conference Features Legal Rights

Basic legal information about areas that interest and concern all women violence, ha ndicapped law, and was conveyed May 5 at Cleveland-Marshall's first annual Women's Legal domestic relations: divorce /ali­ Rights Workshop [WLRW) held at the law school for any Greater Cleveland mony /name change. woman who wanted to attend. Marie Charvat, C-M '77, and The day-long workshop, co-sponsored by the C-M Women's Law Caucus Diane Sherban, C-M '78, led the and the American Bar Association/Law Student Division (ABA/LSD) insurance workshop. Robbie Mor­ featured panels and presentations discussing 14 topics pertinent to the gan Hamilton, C-M '76, headed the lives of women in business, in industry and a t home. criminal justice discussion. Assistant Dean Janice Toran Among the C-M student work­ gave the morning keynote address shop leaders were Annette Power but all other panel and discussion Johnson, affirmative action officer leaders were either women law for CSU; Patricia Briggs-Major students, recent C-M graduates or who worked in the consumer lay women with expertise in a frauds division of the Oakland particular area. County, Mich., prosecutor's office; The workshop offered child Patricia Hallick, an IRS agent for care, coordinated by Mr. Jerry seven years; Mary Guarnieri, Walton, C-M's ABA/LSD repre­ Ashtabula welfare department; sentative, and new SBA president. Susan Weaver, Legal Aid; Monica tours of the C-M library conducted Smolka, law clerk at the Free by Judith Kaul and Catherine Clinic; Wenda Sheard, Rape Crisis Gillette of the law library staff, Center; Charetta Huff, adviser to and Ii tera tu re tables with material Women Together, shelter and legal stocked by a variety of women's services for battered women; De­ groups. nise Weisenborn, a member for "We weren't giving legal advice," said Christine Guarnieri, one of Anyone interested in purchasing Discussion leaders were the WLRW coordinators, "because the handbook may call 687-2344 to we did not want to get into the find our whether copies are still either women law stu­ unauthorized practice of law." available. Topics covered at the workshop dents, recent C-M grad- were employment discrimination, insurance, credit, tax, welfare, uates or lay women ... "The material ex­ mental health, reproductive rights, landlord-tenant, lesbian rights, plained what the law criminal justice: arrest to trial, five years of the CSU President's rape, battered women/domestic Advisory Committee for the Hand­ actually is and how it ica pped, and Nancy Cameron, a clerk at the CSU legal department. works on the streets." Workshop leaders were assisted Women judges by outside experts from such "What we were doing," added agencies as the Women's Law Alexandria Ruden, another WL WR honored, discussed Fund, Ohio Civil Rights Commis­ coordinator, "was presenting the sion, EEOC, Office of Federal material that explained what the Contract Compli a nce, ACLU law actually is and how it works Lesley S. Brooks, C-M '74, dis­ Women's Rights Project and the on the streets." cussed federal judicial appoint­ Cleveland Tenants Organization. Other WLRW coordinators were ments and women at a Law Day "Many people have been espe­ Mary Ann Ryan and Ann Cofell. meeting May 1 of the Cleveland cially helpful in organizing the All four are second-year C-M stu­ Women Lawyers Association and workshop," Ruden said. Dean dents. the Black Women Lawyers Associ­ Robert L. Bogomolny provided the Participants were able to attend ation. meeting areas, the support serv­ four of the 14 70-minute workshop Eight women serving on various ices and the assistance of Therese sessions held throughout the day local benches were honored at the Arsham, administrative assistant but each leader prepared a paper meeting. Among them were Cuya­ for external affairs. Janis Felder covering the material she present­ hoga County Common Pleas Court designed the WLRW logo and Mary ed. These were bound into a Judge Ann McManamon, C-M '50, Weingarner and the University copyrighted handbook given to all and Cleveland Municipal Court public information office handled who attended. Judge Lillian W. Burke, C-M '51. publicity.

25 CLEVELAND-MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY NON PROFIT ORGANIZATION CLEVELAND, OHIO 44115 U.S. POSTAGE PAID CLEVELAND, OHIO PERMIT NO. 500