The Docket Historical Archives

4-1-1981

The Docket, Issue 6, April 1981

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Recommended Citation "The Docket, Issue 6, April 1981" (1981). The Docket. 82. https://digitalcommons.law.villanova.edu/docket/82

This 1980-1981 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. N 1!i (i I ^ THE it u a

Page 1 i] April 1, 1981 DOCKET I Broaan Critical

LAW TUITION UP )•

By Dave Eddy The sixteen percent increase in the law school tuition to $4512, approved by the University Senate was largely a fait ac­ Brogan's frustration with this largely compli. Jim Brogan, law school represen­ ceremonial body was evident throughout tative to the Senate, conmiented that the the discussion. The senate has voted down body's discussion of the budget was the budget twice in its history and for the basically academic because of a dearth of most part is forced to accept the recom­ specific budget figures made specific, in­ mendations of the Budget Committee (who telligent discussion impossible. Brogan fur­ are supplied with figures) in making ther noted that even if the figures were decisions. provided, the Senate is largely powerless. Furthermore, the Board of Trustees, who Lisa Palfy and Joe Kohn (I.) competed with Frank Arleo and Gus Sellito (r.) at the Reimel Despite this, the Senate voted 13 for, 11 make the real decision, simply overrode the Moot Court Competition. against, 4 abstaining on the tuition increase Senate on the two previous occasions. One proposal. All the student senators and two concession was granted to the senate, faculty members were against the budget nowever. The budget hearings from now on Kohn and Palfy Win Reimels and Dean Abraham and Prof. Cannon ab­ will take place during the December stained. meeting rather than the March meeting so Brogan's dissatisfaction with the in­ that the budget is not quite as firm as it was crease was tempered somewhat by the fact this year when reviewed. Last Saturday, the final round of the run for re-election only upon receiving the J Twenty-First Annual Reimel Moot Court nominations of both the Republican and that from what he could "glean" the 16 % J Competition was held. The final argument Democratic parties. He has received only increase was reasonable. saw the team of Gus Sellito and Frank the Republican nomination. Brogan disparaged the skeletal presen­ Arleo for the jjetitioner take on Joe Kohn Judge Cahn, United States District Court tation of the budget given to the Senate to VLS Team and Lisa Palfy for the respondent. When Judge for the Eastern District of Penn­ approve. The total dollar figures were not the three-judge panel handed down its sylvania, wrote the opinion in the recent broken down in any meaningful way, he said, yet the senate was expected to vote on decision, the team Kohn and Palfy emerged case of Goidi>erg v. Rostker. Goldl>erg was Winners this victorious. a key case relating to the military draft matter. issue in the Reimel problem. Judge Cahn's A second cause for dismay involved the By Tom Barnes For both teams, the oral argument on decision declaring last year's draft budget-maker's apparent disregard for the Marie Barnhurst and Dave Pennington Saturday was the culmination of seven mon­ registration unconstitutional on the Senate's expressed and accepted priority of have teamed up to win the Merna B. Mar­ shall Moot Court Competition, a new event ths of brief writing and five preliminary grounds of sexual discrimination is curren­ having financial aid increases keep pace sponsored by the Philadelphia Chapter of rounds of appellate oral arguments. tly under review by the United States with tuition increases. Not only was this not Supreme Court. Oral argument before the done with the graduate program but the the Federal Bar. Association. Also com­ The competitors argued before a Supreme Court was heard Tuesday, March budget was even less successful with the peting from VLS were Jim Brogan and Sharon Brass, Vince Knox and Charles distinguished three-judge panel, including 24. law school. In the law school budget there was a 5.8% disparity between the increases. Rausch, and Lou Magazzu and Andy Susko. Judge Patricia Wald, sitting as Chief The problem for this year's competition, The Marshall Competition is named in Justice of the Villanova Supreme Court, which deals with the constitutionality of A third area of dispute involved another priority established by the senate. This was honor of the late Philadelphia Common Judge Bruce Kauffman, and Judge Edward limiting a military draft to men, was writ­ Pleas Court Judge, who was a past Cahn. ten by Professor Mary Joe Frug. the deferral for the third year in a row of President of the Philadelphia chapter of the the maintenance of the university's Federal Bar Association. Judge Wald, who sits on the Court of Ap­ physical plant. peals for the District of Columbia Circuit, earned her appointment to the bench through her work with the Justice Depart­ ment, as well as through her distinguished Reagan Plans Hit work in areas of law connected with social issues. Judge Wald has worked for Neigh­ borhood Legal Services and the Crime Com­ mission in the District of Columbia, and she Students In Wallet has co-directed programs for drug abuse, law and social policy, and mental health By Wei-Wel Chiu with an interest payment while-you-are-in- GSL program. Finally, the new educational law. She has also written a book. Law and The Reagan Administration's proposed school provision, such interest being com­ loan program adds a parentcd loan program Poverty. budget cuts in the area of government pounded while the student is in school. If with the percentage value of interest Judge Kauffman, who sits on the educational loans should not affect students this change goes through, students will be floating at the market rate (currently the Supreme Court of Pennsylvania, was selec­ for the 1981-82 academic year, according to paying a great deal of money each month for interest rate is fixed). ted by Governor Thornburgh on a merit Sandy Mannix, Villanova Law Schoiol's Ad­ interest payments. This, says Ms. Mannix, basis to fill a position which had been missions Officer. However, for the 1982- will be "fatal" for some students. Second, Various student aid groups have put for­ vacated. As a believer in merit selection, as 1983 year and thereafter, although nothing the most desvestating provision is ward other suggestions to the government, opposed to election, as a system for awar­ definite has been done yet, most of the "Eligibility-Based-On-Remaining-Need," including the following: (1) to retain the in­ ding seats on the bench, Judge Kauffman proposals are "bad" for students and some which requires students to exhaust all other terest subsidy; (2) to replace the "income determined earlier this year that he would will be "disastrous." possible sources of support before they can cap" that used to be in existence under the The new program changes the current apply for the GSL and determinations of GSL program (Any student whose income National Direct Student Loan (NDSL) and funding is made on the b asis of financial or whose parent's income is under $25,000 Guaranteed Student Loan (GSL) programs need. In other words, the student would gets GSL automatically, otherwise, he or in primarily three ways. First, the in-school have to get NASL, work-study, school lotms, (Continued on page 5) No Student interest subsidy is eliminated and replaced etc., before he or she can even apply to the Graduation On Trial Speaker By Tom Barnes' Ann Nevel and Joanne Selleck were run­ Dean Abraham, with the assistance of ners up in the Regional Round of the Dean O'Brien, has decided that there will National Trial C!ompetition held at Dickin­ be no student speaker at the law school son Law School, and will go on to the commencement ceremonies. The idea had National round. Dave Robbins and Suzanne been proposed by the Student/Facuity Com­ McCaim made it to the semis during the mittee, which suggested that the graduating four elimination rounds held at Dickinson. class be permitted to vote on whether to The Regionals involved a criminal bribery have a member of the class deliver an ad­ case, and the Nationals will also consist of a dress at graduation. criminal problem. All four participants Dean O'Brien and Dean Abraham both thank their student witnesses and judges, opposed the suggestion on the ground that Mrs. Jane Anderson, and Professor RS students would not like having one of their Pictnred above are: (L) Snzanae McCann, Dare Robbini, Prof. RJS. Packet, Joanne Scl- Packel and Goldberger for their valuable number singled out for special notice at the assistance. conunencement exercises. lecii, and Ann Nerei. , Page 2 • THE DOCKET • April 1,1981 An American Problem THE ATLANTA

To the Editor: The current problem in Atlanta is significantly different from the recent Iranian EDITORIAL crisis. In Iran, we knew who the ca^tora were. After twenty months, Atlanta officials are no closer to finding out what killer or killers have been victimizing its neighborhoods of its youths. In Iran we also knew that the captors were reacting to America's previous in­ volvement in its internal affairs. In Atlanta there are no clues as to why the killers are taking the lives of innocent children. These are but a few of the differences between Iran and the current situation, but it is our belief that what really distinguishes the two in­ cidents, is the degree of sensitivity shown by Americans. Changing The Guard Iran struck the American conscience in a way few incidents in recent times have. Nevertheless, the Atlanta crisis has been received with an insensitivity that borders on outright shameless hypocrisy. We profess to be a caring nation. Yet, it took the Keagan The news that Villtuiova Law School has hired three new faculty Administration weeks to decide whether it was "appropriate" for the federal government members is a bittersweet announcement when coupled with the news that to send money to the state to aid in its investigation. The administration feared that providing aid for investigatory purposes would set a dangerous precedent. Meanwhile, Professors Frug and Spina are leaving. Professor Mary Jo Frug will teach private individuals were raising $700,000 dollars so our illustrious First Lady, Nancy next year at New England School of Law and Professor Dolores Spina will Heagan, can redecorate the White House. The message emanating from the White House leave the faculty to attend to family obligations. Both will be sorely was very cleiur — we think the furniture in the White House is more important than we missed. think aure the lives of the youth in Atlanta. It is tempting to let this issue rest at this juncture but there is much more involved. Professor Spina has been much admired by her students here at the It is not just that youth in Atlanta are being killed — it is that "Black" youth are being law school for her practical, down-to-earth approach to the law. Her killed. At a recent news conference, after twenty dead children had been found, President students remark favorably on her "no fluff style and pass the word that Keagan finally announced, that a little over one million dollars was being sent to Atlanta for investigatory purposes. she's "easy to understand," a valuable attribute in a law professor. On the same day, the Keagan Administration expropriated 100 million dollars for the purchase of cobalt, a mineral used in weaponry development. Professor Frug, on the other hand, is admired for other reasons. Her At this conference the President was asked whether the administration would have ac­ quick wit and often self-deprecating humor allow her to teach employment ted sooner had the youth involved were not Black. The President responded by saying that discrimination with the enthusiasm of a pioneer while neatly deflecting his administration was color-blind. Well, if you believe that then you must be further con­ the hostility that such an emotionally-charged subject often engenders. vinced that the recent budget cuts are not color-conscious. Former President Jimmy Car­ ter did not approach this concern with all deliberate speed either. The insensitivity ex­ It takes nothing away from either of these two professors, fine tends beyond the White House, however. The Black children and the parents of Atlanta have been doubly victimized. Not only teachers in their own right, to remark at this point that with the departure have they fallen victim to a ruthless murderer, but they have also been a victim of unrelen- of both of them, Villanova loses its only two fulltime teaching positions tless criticism. The press has characterized the parents of the victims as negligent and un­ held by women. Although Professor Anne Pulin has been added to the caring. The children have been labeled "street hustlers." This attitude is offensive and is faculty for the fall, the addition of one woman professor while subtracting the product of a racist mentality. It is a failure to understand the reality of their situation. two still adds up to a faculty that simply does not have enough women These families are poor. Their children are compelled to earn money any way that they can. For them, this is a matter of survivtd. Yet, these children are accused of placing professors. themselves in a dangerous position. Our society has always been predisposed towards This is a situation that we, at the Docket, hope will be rectified during passing judgment upon victims of crime. This practice is even more intoleradsle here, since these children are judged by standards that have no application to their lives. the next academic year. It is generally conceded that the Law School "Concerned" middle-class America has cried, "Why can't those children be more would be benefitted by bettering its faculty/student ratio — priority should careful like ours?" The answer is obvious and is in plain sight for any of those who care to be given to the addition of women professors. see it. The Black children of Atlanta have no access to secure play areas — the city street is their playground. Their parents are low-paid workers who are away from their homes for On a personal level, we will miss Professors Frug and Spina, while we long periods of time. It is impossible for them to guard their children 24 hours a day. Their wish them the best of luck in their new endeavors. The Law School com­ neighborhoods are in a state of decay. Abandoned buildings and dark alleyways are com­ munity is poorer for their departure but was greatly enriched by their monplace. They beckon to criminal activity. It is surprising that a tragedy of this dimension has not occurred before now. It tenures here. ismerely fortuitous that Atlanta has been the place of this crime. All of the urban areas across our nation are potential settings. Until we begin to understand and face the multitude of problems in our cities, Atlanta will repeat itself. In conclusion, we knew when the Iranian crisis began. We are not at all sure when the Atlanta Crisis started. We knew that there were 52 Americans taken in Iran. In Atlanta, an entire population has been taken hostage and is living under a cloud of fear and ap­ Believe It Or Not. . . prehension. Each day that another child is found dead or reported missing, fear is generated and felt well beyond Atlanta. The problem in Atlanta is not a "black" problem. It is an American problem. It should concern all of us — equally. Representatives of BALSA By Kate Harper Mrs. Murphy also contacted both SEPTA Students who lobbied for increased (Southeastern Pennsylvania Transportation awareness of security problems in and Authority) and CONRAIL with respect to around the Law School have gotten a sym­ improving the lighting conditions at the pathetic ear from Mrs. Betty Murphy, Law Villanova train station which bisects the Docket Reporter School facilities coordinator. University campus. The Law School will most likely request that the Villanova Mrs. Murphy reported recently that she Station be added to the list of stations Scoops Metro Papers hits 'made progress in improving several slated for improvement by SEPTA. conditions which students had complained were dangerous. The Facilities Coordinator is also working on a plan to lock all but certain By Kevin C. Gleason However, some agencies are very interested One major complaint was that the exits from the building and to post signs Within the last few weeks I was ap­ in continuing the investigation, including: parking lot was dark at night. According to listing the telephone numbers of the cam­ proached by an organization which is doing the FBI, SEC, FTC, Pa. Securities Com­ Mrs. Murphy, lightbulbs in the parking lot pus security and the Radnor Township business in the tri-state area under the mission, N.J. Securities Conunission, U.S. have been replaced with mercury vapor police. alternate names of Energy Age 1 and Solar Postal Insepctors, and the IRS. I wouldn't lamps which are designed to give greater want all of those guys mad at me! light. A larger light was stationed near the Students with security concerns should United National Products, Incorporated. dumpster and electrical wiring, which had contact Mrs. Murphy, whose office is op­ After attending an indoctrination meeting My investigation took an interesting turn caused blackouts, has been repaired. posite the Administration Office. curiosity led me to research the activities of when F. Lee Bailey's Washington represen­ the prganization. Their business structure tative, Mr. Wayne Smith, called the is referred to as a 'pyramid' marketing Bulletin about the story. I spoke to a repor­ scheme and operated in a similar fashion to ter from the Bulletin. She was very in­ THE a chain letter. terested in being fed the story which was The company's product line includes: a the product of my labor. When I suggested DOCKET fuel efficiency device for automobiles, an that my investigative expenses be covered in-window solar heater, a line of jewelry and by her paper I was accused of being a silver flatware. In the course of the sales "stringer", whatever that is. Also I was ac­ Editor-in-Chief routine, the promoters emphasize the great cused of participating in a scheme to trade Jon Birnkrant potential profits associated with par­ the reputation of a future attorney for a lousy hundred bucks. We could not reach Associate Editor Associate Editor ticipation in their plan. There is one small agreement. Kevin Gleason Kathy Yesenko problem which goes unmentioned. The Oh well, why not try The Inquirer? While Copy Editor operation might be illegal. Photography Editor more receptive to the proposition. The Tom Wilkinson Eric Bruning The facts are simple. Of the two names Inquirer has still not accepted. Faculty Advisor Senior Editor used in the promotions only one is a Now I know what they mean by the ex­ Professor John Cannon Kate Harper registered name. The only solar device in pression, "Between the devil and the deep Staff: Tom Bovenzi, Wei-Wei Chiu, Dave Eddy, Pete Barrett, John their line actually decreases the amount of blue sea." Should I turn over the informa­ Delaney, John Schreck, Matt Wolfe, Mitch Smith, Tom Harragan, solar radiation available to heat living tion and swallow the loss in the interest of space. The promoters claim that F. Lee the public good? Marianne Bechtle. Anthony Green, Tom Barnes, Marc Arrigo. Bailey is a director of the corporation . Mr. 1 adopted a three-part plan to bring this The Docket is published monthly by the students of Villanova Law Bailey knows nothing of the organization. case to a close. First, all of my information School, Villanova University, Villanova, Pa. 19085. Letters and articles The agreement which one is encouraged to was turned over to the FBI White Collar are welcomed from students, faculty, alumnae and the community at sign is instantly voidable at the election of Crime Unit. Second, I returned to the safety large. Paid advertisements are also accepted, please contact the Docket either party without notice. of the Law school. Third, the Docket scoops office for details. All of these factors are not of themselves the major metropolitan newspapers. sufficient for any real legal action. Lesson learned — Don't talk to strangers. April 1.1981 • THE DOCKET • Page3 Examiners Expand Exams LEGAL For Examinees by Tom Barnes them that no less than sixteen subjects There will be more subjects to study for would be tested on the essay exam — and the July, 1982 Pennsylvania Bar this wais over three weeks after the drop- Examination, the Board of Law Examiners and-add period ended for the present BRIEFS has recently announced. Students taking second year class. the 1982 test will be required to know and Acting Dean Abraham says that the prepare to be tested on Federal Income Board has failed to respond to his letter taxes , family law, and perhaps other topics requesting a postponement of the subject which will not be tested on the July, 1981 chftnges. Call Collect exam. According to Acting Dean Gerald While Dean Abraham doubts that the Abraham, the increased coverage grew out Board will delay implementation of the By Wei-Wei Chiu Mr. D'Ambrosio stresses that the money of a concern by the Board that a practicing changes, but thinks that no real hardship The annual Villanova Law School Fund raised from the phonathon fund drive is Pennsylvania lawyer should be familiar will result since it is not necessary in his Drive Phonathon ran from January 26 used strictly for the purposes of the law with the substantive law of these subjects. opinion for students to take a course on through February 19 this year and has school and is maintained in accounts that Dean Abraham said that the Board in­ every subject tested on the bar exam. Since raised to date over $36,000 in pledges for the Law School controls. Two things which formed the Deans of the seven Pennsylvania what a bar examiner is looking for is the the Law School, surpassing the drive's goal the annual fund drives are shooting for are law schools last May that they wanted to in­ ability to use the mental skills learned in of $25,000, even with one class ('62) still word processing equipment for the Law crease the number of topics covered on the school to solve a particular legal problem, outstanding. Chip D'Ambrosio, Alumni School and microtechnology for the law essay portion of the exam. The an­ knowledge of all the fine points of a par­ Director in charge of the fund drive, library. Proceeds from the fund drive will nouncement also stated that no changes ticular area of law is something that can be predicts a 50% increse over the ultimate also go towards paying for the publication would be made without consulting the left to be learned in a cram course, he says. goal. and mailing of the alumni director. (The deans. In a meeting with the Board last The ability to figure out a problem is what current one is being printed now). summer, the deans unanimously opposed is important, says Dean Abraham, and so ' Alumni were asked to come to the law Mr. D'Ambrosio notes that all the par­ the changes. Dean Abraham was not they should only test on a core of subjects, school and phone their own classmates. All ticipants in the phonathon enjoyed the present but in his opinion, the deans argued and leave students with the freedom to the classes participated except for '58 and event and considers the phonathon "an ex­ to the Board that there were no choose electives. '59 who have no class representatives along tremely successful and rewarding venture." inadequacies in the exam's present format, with '63, '69 and '73. TTiese classes were NOTE: Next year's fund drive phonathon and that it weisn't a good idea to induce handled by law student volunteers. Both will be moved from February to November, students to take courses that they might not Not To Be Missed students and alums were treated to which will help donors in terms of tax con­ have desired or planned to take. Dean cocktails and dinner before an evening of sequences). Abraham also speculated that the law The Young Lawyers (Committee of the manning the phones. school deans let the Board know that they Federal Bar Association has planned a wine didn't like being told how to arrange their and cheese reception for area law students Mr. D'Ambrosio cited several interesting curriculums. on Friday, April 10, 1981 commencing at statistics from the phonation results. The Blood Drive The local law schools received a letter on 6:30 p.m. until 8:00 p.m., at 260 S. 15th class of '57 may be the first class in the September 19, 1980, from the Board telling Street at the Fellowship Building post-1973 era to have 100% participation. The Student Bar Association is spon­ auditorium. "We are anxious to meet with The class of '66 had the most pledges with soring its third Blood Drive on Tuesday, you and your fellow law students," said Ms. $4250 and the highest average pledge of April 14, 1981, from 10:30 a.m. to 3:30 p.m. Terpsichorean Ida Chen of the Young Lawyer's Com­ $125. The class of '75 made the most St. Mary's Gjmi has been chosen as the site mittee. positive responses with 71. This year, there for this semester's drive. Revel Everyone is invited to attend. Please RSVP at 597-0881 during the day or at 545- were 670 positive dollar pledges (specific Due to the increased demand for blood by Tickets are now on sale for the annual 8030 in the evening. dollar pledges) and 300 "your decision" the hospitals in the Penn-Jersey region, our Barrister's Ball to be held on Saturday, type pledges (person called is mailed a card goal has been increased from 75 pints to 100 April 4, 1981 at the Inn of the Four Falls. and will fill in their pledge amount on their pints. As a result, we need the help from the Price of the ticket includes a four-hour own), making a total of 970 positive pledges entire law school including the faculty and open bar and a cold buffet. Music Another Success from the phonathon alone. This number is administration if we are to meet our goal. will be provided by a professional disc equal to the total number of donors in the As always, a free keg of beer will be given jockey. Tickets are available from any SBA J. Michael Ryan and Maria Pecoraro entire fund drive last year (not just the to the class donating the highest percentage member and during certain hours in the VLS '80 are pleased to announce the phonathon). Of this year's donors, 295 of blood. cafeteria. Tickets will be priced at $8/per- opening of their law offices; RYAN & positive pledges came from people who had Please contact any SBA officer or son until April 3 and will be $9/person at PECORARO, Suite 100, 1223 West Chester never donated before to any of the Law representative to sign up for an appoint­ the door. Only a limited number of tickets Pike, West (Chester, Pa. 19380, (215) 436- School's aimual fund drives. ment. are available, so buy yours soon! 9510.

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OPERATBS IN mJOK OF A /WURAU PERSON WHO IF TO IS VESTED FOR GENERAL PURPOSES FEB HOLOER PmO MSITSNTIX^ ^OULi> 1AK£ AS H£tR OH MMERT THE I mtftlVir oe 15 TC RULE THAT AN E)(ECUMV BUT NOT 45 TD THE RUUE AGAINST INTEREST FaiOWING A FEE PERPETUITIES HAS BEEN SUBJECT TO A NUAAibER OF EXCEPTIONS. SIMPLE DETER- :H *c-tATe?5 9ACK peo^e>rr.v40. Fu NAINABLE.. VWHERE THE di^CIAL. LIMI1AT10N..

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(ITS ^liwry of «n inter moot instniinent. OccMloiuUy It to'ned oot c*rt«m to be »8»ect« o. A. u. •( .Oh™ I .ecified .,e. Of -rrtd lh« Uket •«tonm alim of Mipporting ouet it thefe^ «#nt factor Mipporting the public interett in that c«n- ' the farlier vesting." • Inst of whidi are tlitt te^taton usually have •t rather than the technical ownerihip «f their Iw ail well as practical convenienc* requires *— tiw earbest period, it has long been a settled :ourls of England and America, that estataa. will, should always be regarded as vcftrng •tor has by very clear words nianifestedi an in* contingent upon a future event." ? v^ed may reducr the number of persons having •hing and thus makes it easier to secut* a con- Abo such construction tends to ' and hence n^ts in a '»es alienability to a letuities operates K«dent than as ' is vested an rest indefea- r Page 4 • THE DOCKET • April 1,1981 STUDENT FORUM What Is Your Opinion Of President Reagan's El Salvador Policy?

Bob Griffiths Class of '82 — In view of Lawrence R. Deiter Class of '81 — 1 think recent Soviet expansionism and El Salva­ dor's proximity to the United States, it may Rich Geschke Class of '82 — 1 disagree the president's policy is about right. He's witli tiie intervention in tiie internal con­ attempting to limit the arms flow into the be the right time and the right place, from a flicts of another country. My disagreement country to cut down the internal violence practical standpoint, to communicate our strate^c interests to the Soviet Union. We is particularly acute in this instance as the and he's proposing economic aid to help must be very careful, however, that our evil we seek to combat is precisely the solve the economic problems and enable "global perspective" does not create a means we choose, namely intervention. The land reform to work. If those two things are backlash among the peoples of Latin and goals of his policy are vague, they've been accomplished then El Salvador will be able Anne Naczi Class of '82 — It is good that South America. Fostering the goodwill and poorly articulated. Thus they are open to to reach a political solution to its own once again we are supporting our allies. friendship of those peoples would best ef­ dangerous interpretation. political problems. That is the most de­ sirable outcome. fectuate the Monroe Doctrine. Panel Discusses Ethics Code

advocate, advisor, intermediary, evaluator, feels this would be harmful to the lawyer- By Kathy Yesenko American Trial Lawyers Foundation and negotiator. With respect to cost, client relationship because clients would be The annual Villanova Law Review Sym­ developed The American Lawyer's Code of McKay suggested that the Code fails to reluctant to disclose their "secrets" to their posium on "Legal Ethics — Ideas In Con­ Conduct. The National Organization of Bar adequately respond to the demands of the attorneys. This reluctance, Freedman feels, flict" was held on Saturday, February 21, Counsel also recognized the need for a more client in preventing unreasonable delay in would make it very difficult for lawyers 1981. Moderated by Professor Mary Joe workable code and suggested amending the the judicial process. McKay also stated that adequately to assist their clients. Moreover, Frug, the symposium consisted of presen­ present code rather than abandoning it problems occur in the conflict of interest in Freedman's opinion, the Kutak proposal tations of three proposals for revision of the completely. The question which results out area and that loyalty to the client should be would result in "selective ignorance" with Code of Professional Responsibility by; of these three proposals is, according to of paramount importance. Lastly, McKay is the lawyer being forced to give some sort of Robert B. McKay, Esq., Professor of Law, Prof. Frug, "Which code and which aspects of the view that the present Code does not "Miranda warning" at the outset of his con­ New York University School of Law and are able to resolve the ambiguities in the forbid disclosure of client disclosure in all tact with his client to the effect that the member of the American Bar Association current code and which group of lawyers is circumstances and an amendment should client should "be careful" what he tells the Commission on Evaluation of Professional capable of speaking for all lawyers?" be made to allow disclosure only in cases lawyer. Freedman then outlined some of the Standards; Monroe H. Freedman, Esq., Some of the problems in the present code involving serious bodily harm. suggestions put forth by the American Trial Professor Of Law, Hofstra University outlined by Prof. Frug include questions Freedman began his presentation by Lawyers Foundation. Essentijilly, Freed­ School of Law and reporter for the Roscoe surrounding the scope of confidentiality in stating that he does not agree with the man sees the lawyer as the "champion Pound — American Trial Lawyers Foun­ the lawyer-client relationship, the proposals set forth by the Kutak Com­ against a hostile world" and feels that dation Commission on Professioned Respon­ obligation for a just result at trial, and the mission. Criticizing McKay's view that respect for the "autonomy of the in­ sibility; Allen B. Zerfoss, Esq. Chief obligation to deliver legal services to the disclosure of confidences made by the client dividual" is reflected in the American Trail Disciplinary Counsel, Disciplinary Board of society generally. to his attorney should be sdlowed in cases Lawyers' proposal. the Supreme Court of Pennsylvania and Responding to these problems, McKay involving serious bodily harm, Freedman chairman of the National Organization of outlined some of the proposals the (Continued on page 5) Bar Counsel; and Alexander Unkovic, Esq., American Bar Association's Kutak Com­ member of Meyer, Unkovic & Scott, Pitt­ mission has developed and emphasized the sburgh, Pa. and chairman of the continued need for the profession to con­ Shuman Addresses Seminar Disciplinary Board of the Supreme Court of tinue self-regulation. "No other profession," he stated," is so free of govern­ Pennsylvania. Villanova alumnus Arthur R. "Buzz" stitutional rights of suspects. Prof. Frug began the symposium by ment regulation." McKay spoke of the four Shuman said he used to tell students to "C's" which must be considered in making Shuman of the Philadelphia District At­ stating that lawyers' ethics have come un­ "use their imagination" in finding Con­ amendments to the present code: com­ torney's Office, spoke here recently to der increasing scrutiny in recent years with Professor John Dobbyn's seminar class. stitutional attacks, but that he no longer petence, cost, conflict of interest, and con­ the Code of Professional Responsibility Shuman, giving a brief review of recent believes such arguments will be successful. prompting criticism by various groups of fidentiality. With respect to the con­ United States Supreme Court cases dealing lawyers. As a result of this criticism, the fidentiality interest, McKay feels that the with the rights of the accused, counseled Shuman, who heads the Organized Crime proposed Model Rules of Professional Con­ Code's Ethical Considerations are students interested in criminal defense Unit in the Philadelphia District Attorney's duct was designed by the American Bar As­ misleading and the Code itself does not give work to stick to the basics. Shuman said he Office then spoke for more than an hour on sociation. Similarly, the Roscoe Pound — guidance on the role of the attorney as an reads the recent decisions as representing a the iimer workings of La Cosa Nostra and pendulum swing from decisions during the the "trickle down" crime effect on the last decade which expanded the Con­ Mafia's huge illicit drug operation. Faculty Changes Frug, Spina Leave; ThreeHired

By Mitchell Smith is apparently considered popular by his Among the new faculty members an­ students at Rutgers Law School-Camden, nounced for next fall is a scholar who knows where he teaches Property law said Dean Villanova from its earliest days. Abraham. He has worked with two of Ralph Thomas O'Toole, who will return next Nader's public interest groups and with year as* a Visiting Professor, taught here Legal Services in Connecticut, and is a from 1953 to 1962 as part of the Law graduate of Yale University and the Univer­ School's "founding faculty." A graduate of sity of Texas Law School. Harvard College and Harvard Law School, Labor Law is a specialty of the final ad­ he has also taught at Suffolk, Georgetown, dition for next year. Henry Perritt brings an Northeastern and Antioch law schools, ser­ especially interesting background to the ved as Dean at Northeastern and practiced school, having worked until now for Conrail law in Massachusetts and Pennsylvania. as Assistant General Counsel in charge of Although the curriculum for next year labor matters, as well as having degrees in has not yet been finally decided, it is Aeronautics and Management from MIT. possible that O'Toole will teach Con­ He is a graduate of Georgetown Law Center stitutional Law, Torts or Labor Law, ac­ and has worked in the Federal Government. cording to Dean Abraham. Unfortunately, however, this expansion Joining O'Toole will be three new full- in personnel will be offset by the time faculty members of slightly varied resignation of two of Villanova's most backgrounds and expertise. popular and respected teachers. Anne Poulin will bring a background in Mary Jo Frug will teach next year at the Chicago Law, having served as an Assistant New England Law School, while her U.S. Attorney in Chicago. She is a graduate husband will join the faculty of Harvard of Radcliffe College and the University of Law School. Maine School of Law, and has been teaching Dolores Spina has resigned for personal at Chicago-Kent Law School. reasons, but will perhaps assist part-time Professor Mary. Joe Frug Professor Dolores Spiw^ #4 S tsEa *i 5 .LouiS'Sirico, the "second full-time recruit,< with the Trial Practice program. .iy'r'.-

-• y • April 1, 1981 • THE DOCKET • PageS Dean Offers Short Reading Period

Students may find themselves short­ meeting. The Committee, largely dominated changed on reading period next spring if the by students, passed a resolution calling the calendar proposed by Dean Abraham is proposed calendeu" unacceptable and ratified by the faculty. suggesting various alternatives. All three Currently, students Eire allowed a four alternatives featured a four day reading day reading period between the last day of period. The Committee is purely advisory to classes and the first day of the exam period. the Faculty. The proposed calendar would shorten that period from four days to two days. Dean Abraham offered the calendar as a solution to those who complained that the law school's winter break was too short. By starting the exam period on the Monday following the last day of classes (a Friday), the law school will be able to extend the ABA-LSD winter break by two days. The Student/Faculty Committee voted not to endorse the calendar at their March Meets

By Bill Brittan Dickinson Law School was the host for this year's American Bar Association Law Loans Student Division, held on March 21. Villanova Law School was dutifully (Continued from page 1) represented by Bill Brittan, '82. Scott San­ dusky, Third Circuit Governor, chaired the she goes through a need analysis); (3) to confreence. The morning session included have fixed interest rates on parents' loans; speakers from Harrisburg on the subjects of or (4) to add a loan "floor" — a loan to the lawyers in government and lawyer's role in student granted GSL must be for at least lobbying. The afternoon session was reser­ $1000 or more. ved for workshops. The last order of Ms. Mannix emphasizes that the "time is business at the conference was the election Bill Luttrell, (VLS '79) is currently filming segments for Channel i's Evening Magazine now for students to show that they will need of the new Third Circuit Governor, Jeff (weeknights at 7). In May Bill will appear twice weekly in a legal advice spot. Bill spends serious (financial) support" and urges Nesson of Baltimore Law School. I about 40% of his woridng time involved in his expanding visual-media career. Good luck students to write to the following members I Bill! of the Senate Subcommittee on Educationsd Rights and Humanities, who will be making the critical decisions; Sen. Wiecker of Con­ necticut, Sen. Stafford of Vermont, Sen. Quayle of Indiana, Sen. East of North Carolina, and Sen. Denton of Alabama. In addition, Ms. Mannix stresses that it is "really, really important" that students and their parents write to their own senators and representatives as well. A possible argument to use in writing to congressman, Save up to $280 she suggests, is to remind them that con­ tinued funding at the graduate level at the current rate will pay off in the long run since the higher-educated will earn more money and return more money to the •'FJr federal treasury. She says that the mail is $130 now running 15 to 1 against any student aid program whatsoever. Tuition Discount For students who are currently being fun­ ded on the government loan program, Ms. Mannix says that it is the opinion of the financial aid personnel that such students should continue on the same terms since it plus is too complicated to change students mid­ stream. However, she adds that it is only an assumption that such a "grandfather clause" would be put in, and that there are "no guarantees to that effect." up to $ X50 In short, the bottom line is to complain •T' J'-' now about the proposed cuts in the govern­ in Free Study Aids ment student loan program or suffer the consequences later. Ethics

(Continued from page 4) The early bird will get more than a worm. First and second year students Comparing the search for a new Code may now enroll in our Pennsylvania bar review course at a discount of with a "melody of tunes" Zerfoss began by starting that the best tune should be "It's A $130 from the 1982 course price and immediately receive up to $150 of Grand Old Code." While recognizing the ef­ forts put forth by various lawyers groups, extraordinary study aids. The study aid package includes 10 comprehe- Zerfoss is of the view that the present Code should not be abandoned. Zerfoss discussed sive course outlines, a complete cassette lecture on law school exam some of the proposals but considered many of them to be already covered by the writing, 2 special V2 price coupons on Sum & Substance law school present Code. Emphasizing the need for a cassette tapes, and a special discount card for purchases of all study aid uniform Code throughout the Country, Zer­ foss believes that the National organization products published by CES (The Center for Creative Educational of Bar Counsel will resolve the problems with the code by reviewing all proposals and Services). All that is required now is a $50 deposit and your signature. making amendments. Unkovic compared the search for a new trial to the writing of the United States Constitution, the only difference being that the volume of material written about legal ethics vastly exceeds the text of the Con­ stitution itself. In Unkovic's opinion, if the results of the Code in deterring attorney misconduct have been as effective in other states as they have been in Pennsylvania, '''H "We should be very careful before we disturb the present format." Although Unkovic believes it would be a mistake to change the format, some of the ideas that Marmo-josephson/BRC have been presented could nonetheless be 71 BROADWAY. 17th FLOOA.NEW YORK,NY 10006,212/344-6180 adopted. After the symposium, a wine and cheese reception followed. Page 6 • THE DOCKET • April 1,1981 Dean. Gerald Abraham Committed To Mental Health Law

By Mitchell Smith without some form of due process. In Penn­ Singlehandedly running the Villanova sylvania, this means proof that the patient Law School can be no easy task. But Dean is ill and dangerous, with evidence of Gerald Abraham has been doing just that dangerous acts done within thirty days this semester and has still somehow prior to conMnittment. Once within the in­ managed to maintain his sense of humor. "I stitution, one now has rights to proper don't write mystery stories," he said with a treatment, freedom from intrusive treat­ laugh as we began the interview. ments such as brain surgery, and humane This year Abrstham has carried the conditions'. responsibilities of his own position. Associate Dean for Academic Affairs, as The Dean, who has taught a seminar in well as the administrative duties of Dean Mental Health, feels strongly that credit O'Brien, who is away on sabbatical. should be given to those lawyers and With what little spare time is left, the laymen who have worked for these ad­ Dean is active as a volunteer in the field of vances. He himself was introduced to the Mental Health, acting as President of the area by his wife, who is a clinical Mental Health Association of Southeastern psychologist with the Community Health Pennsylvania, and serving on the Patient's Center in Paoli. Rights Review Committee of Haverford Abreiham graduated from New York State Hospital. University in 1951 and New York Univer­ The Review Committee hears complaints sity Law School in 1953. He also studied from patients about, for example, improper law for one year at Gottingen Germany, in treatment. The Mental Health Association 1957. Having come to the United States is a citizen's organization engaged in ad­ with his family-as a child, Abraham still vocacy for the mentally ill, and also raising speaks German fluently. money for improved conditions. Before coming to Villanova, he also Pointing out that there has been a clerked for a New York State Court of Ap­ "revolution" in the legal status of the men­ peals judge and practiced for a while in New tally ill, Abraham feels that this expansion York City. He was a teaching fellow at Hfir- in legid rights and resulting improved con­ vard for two years and taught at Duquesne ditions has been brought about largely by a for one year in 1961. small group of dedicated lawyers, and that Joining Villanova in 1962, he has taught their work has been a "credit to the bar." Criminal law, Family law, as well as the While before, courts commonly deferred seminar in Mental Health, and has also to professional judgment in medical con­ written in the areas of Civil Procedure and troversies, they now frequently recognize Pennsylvania Practice. constitutional rights formerly denied the Hopefully his experience and humor will mentally disabled. One can no longer be continue to grace these halls for many years l)ean Gerald Abraham takes on greater responsibility without losing his sense of humor. committed to an institution, for example, to come.

The Docket staff of 1981-82 is very grateful for the faithful ser­ Football Round-Up vices of the members of the graduating class. We wish them success in the years to come. Thank you to Pete Barrett, Marianne Bechtle, By Jim Franz Liss added an insurance score on a 4 yard For an unprecedented third year in a row quarterback draw play to cap the scoring Tom Bovenzi, Eric Bruning, Tom Deianey, Kate Harper, Tom the Law School Intramural Football Cham­ for Legal Lightening. Harragan, Mitch Smith, Tom Wilkinson, Matt Wolfe and Kathy pionship was captured by the widely ac­ Jaffe's Jets scored twice late in the game Yesenko. claimed third-year team. Legal Lightening. to bring the final score to 31-19. Although this championship game took Outstanding defensive efforts were tur­ place nearly four months ago, it seemed of ned in by the Legal Lightening cornerbacks such a trivial and meaningless character Jim Spadero and Marty Rubenstein and by that this reporter, in all honesty, had dif­ middle linebacker Jim Franz. These defen­ ficulty in adequately putting to ink the sive stalwarts have been mentioned as horrendous debacle some people have had likely candidates to the league All-Star the audacity to call a "football game." team. Nevertheless, after much consternation and Learn ^i^PMBE The powerful Legal Lightening offense several threatening phone calls from some provided excellent protection for quar­ thug who identified himself as "Bruno," I terback Ricky Liss all afternoon. Superior was willing to recall that nightmarish oc­ performances were turned in by lineman casion. Jim Langione and Joe Ambrosio and half­ It was a balmy day last November when back Dana Rosencranz. Although these is the Muhistate speedster Dave Weller scored two touch­ three grid iron men have no chance what­ downs in the opening minutes of the Garey soever for All-League honors they are still Hall Super Bowl to pace undefeated Legal very much in the running for honorable Lightning to a 31-19 victory over Jaffe's mention selection. Jets. Toting Specialist! Dave Weller's touchdowns came on a 50- Jaffe's Jets, a first year team, finished yard pass from quarterback Ricky Liss and the year with a very admirable 3-1-1 record a 32-yard return of an intercepted pass and is thought to be one of the favorites to This year more than 5,000 graduating taw students will choose thrown by Jets quarterback Paul capture the crown next year. In the semi­ PMBE to prepare them for their Multistate Bar Examination. Rosengard. The Jets struck back with a finals, Co-Captains Ricky Liss and Dana touchdown pass of their own and the first Rosencranz led Legal Lightening to a 26-25 Shouldn't you learn why? half ended with Legal Lightening leading victory over second-year team Captain 13-7. Crank, coached by Tom Long. Make checks payable to; Legal Lightening opened the second half The names of the championship team MULTISTATE LEGAL STUDIES. INC. with a touchdown reception by the elusive members will be engraved on a plaque in 743 Spruce Street, Philadelphia. PA 19106 • (215) 925-0699 41 Avenue 19, Venice, CA 90291 • (213) 399-9367 Neil Davidowitz on a brilliant "tackle the Law School Lounge. The entire Legal eligible" play. Moments later lightning Lightening squad is scheduled to graduate Name linebacker Dennis Piatt alertly picked off a in May (although there is some speculation Address Rosengard pass and returned it for a touch­ about that prospect), leaving the race for City/State/Zip ^ down to provide the winning margin. Ricky the 1981 football title wide open. Law School Attended • I am Interested In the PMBE program. Please send additional Infor­ mation. I am a Senior/Prospective Bar Examinee who v|fishes to enroll in the 1981 PMBE Multistate Bar Review Seminar. • My $225 enrollment fee Is enclosed with this application. • My $100 enrollment deposit is enclosed with this application. (The balance is to be paid prior to or at the seminar.) Please specify whether you wish to attend the PMBE 1981 Winter or Summer Seminar • I wish to purchase the PMBE Multistate review cassette tapes only. My check/money order for $49.95 is enclosed.

MULTISTATE SPECIALIST

OFFERING SEMINARS IN: Georgia Minnesota New York Tennessee Alabama Connecticut Illinois Mississippi u.-. North Carolina Texas •n-A' Arizona Delaware Kansas Missouri Ohio Virginia Arkansas Dist. of Kentucky Nevada Oklahoma Wisconsin Legal Lightening: 1980-81 VLS Football Champions: Kneeling (left to right): Jim California Columbia Maryland New Jersey Oregon Spadaro, Dai« Weller, Ricky Liss, Marty Ruben Stein; standing (left to right): Dana Colorado Florida Massachusetts New Mexico Pennsylvania Rosenclanz, Dennis PlatI, Neil Daridowitz, Jim Lai«ionc, Jim Franz, Joe Ambrosio.