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GOLDEN GATE COLLEGE LAW SCHOOL

VOLUME 6, NUMBER ONE DECEMBER 1970

Death Shall Have LAW SCHOOL REVISION PLANS No Dominion Over Need for changes seen Verba Buena Residents

by Jim Dombroski The controversial Yerba Buena redevel­ opment project would demolish a 12-block section located between Market and Harri­ son Streets and between Second and Fourth Streets. The $385 million Yerba Buena Center is one of the nation's largest urban renewal projects. The project includes a convention center, a sports arena, a high rise luxury hotel, an Italian cultural center, six office towers, an airline terminal, and garage space for 4,000 cars. e .Brief History of Litigation The following chronology outlines the events leading to the November 7 session in U.S. District Judge Stanley Weigel's courtroom. Prior to commencement of the Yerba Buena project by the S. F. Redevelop­ ment Agency there were 4,000 units of CCJhtroversial Faculty-Student Board votes on an issue of inestimable significance. low-rent housing available in 43 residential hotels and 92 other residential structures. Some 35 law students and faculty members met at an open meeting on Saturday, Enter Redevelopment Agency: 2,000 el­ December 12th, to give impetus to changing the government of the law school. derly pensioners and minority .families are The stimulus for the meeting was widespread confusion over the role of the moved to the Tenderloin District and Sixth faculty-student council on which students sat for the first time this fall. Selection of the Street area where the crime rate is the city's 6 student members was conducted through the SBA Governing Board and its president, highest and where the rents are higher for and many students were dissatisfied at the lack of notice of and participation in the the displacees since most have fixed in­ selection process. comes (Aid to the Disabled and Old Age A predominant attitude expressed at the meeting by faculty and students alike is Security). Tenants and Owners in Opposi­ that any change should promote a community of interest and reduce the divisions of tion to Redevelopment (TOOR) organize students, faculty and administration. A series of straw votes revealed that most of those .and seek legal aid from the San Francisco present want not only to change the procedures and modes of selection but also to change Neighborhood Legal Aid Foundation. The the form and. composition of law school government. attorneys from Neighborhood Legal Aid Three broad alternative ideas were suggested: file suit on behalf of TOOR against the S. F. 1. To maintain the SBA Board of Governors in a form limited to social functions, Redevelopment Agency and HUD based on and to maintain the faculty-student council with minor changes; violations of the 1949 Housing Act, 42 2. To dissolve both existing bodies and govern the law school through mass meet­ U.S.C. 1455(c)(1) which requires that each ings open to everyone's participation; and relocation unit must be (a) decent, safe, 3. To combine the functions of the existing bodies into a single governing body and sanitary, (b) at a rent or price the dis­ consisting of faculty, students, administration, and perhaps other interested persons. IIIe ca,n afford, (c) reasonably near the A committee of four students and one professor was charged with condensing the lj, acee s place of employment - if any, ideas of the meeting, formulating a recommendation for a new government form, and and (d) in an area not generally less desir­ drafting a referendum to be voted on by the entire law school. Another open meeting will able in terms of public and commercial be held in January to discuss the committee's recommendation and proposed referendum. facilities than the Yerba Buena area. Any interested law student, faculty or staff member is encouraged to contribute ideas to (Continued on page 8) the next open meeting. - Diana Richmond 2 Letter from the Editor Editorial: obscure relevancies which give breadth to the individual - and may perhaps even To your recurring question, "WHERE'S ARE WE SATISFIED WITH A make him a better attorney, in the end. It's THE CAVEAT?", I can finally reply that it the "who gives a damn about anything that is right here, in your hand, and I hope you BENEVOLENT DICTATORSHIP? goes on in school if it isn't goinll to be on & can dig it. Publication of the first issue this exam?" attitude which is impossible to., year was delayed for numerous reasons; the I ronically, law students, who are trained done. Consider, for example, that exams­ next issues should be easier, faster, and to distinguish gut issues from collateral their topics, frequency, grading, and even better - particularly if you are willing. to ones, often seem incapable of doing so, their very existence in the law school respond with comments, contributions, particularly when the subject matter con­ process - are discussed and voted on at ideas, and just plain work, in any shape or cerns them. Recently confronted with those meetings about which so few give form. Let anything motivate you - a desire problems of student representation in the a damn. Beware of complacency. to communicate information to the rest of governing of this law school, an alarming Do we want a participatory democracy 'the law school, an egotistical longing to be number of students, their minds cluttered published, an excess of spare time, (what?), at all? The second year day class was with misplaced emotionalism, complacency, presented with an opportunity to partici­ past experience in journalism, graph ics, etc., or perhaps just laziness, gave tacit approval or just a gratuitous flash - follow it up; pate in a second election, with all students to an invalid election and to arbitrary ap­ receiving notice, with the already elected all is appreciated. pointments of student representatives to The CAVEAT will be what you want rep running along with other candidates, the new Faculty-Student Policy Board. it to be. with a new understanding of the meaning Admittedly, it is difficult to guess what is We don't have an office, or a desk, or a of the election - in other words, a valid at stake until the Board progresses from its typewriter, or very much money. We do election - and they rejected this chance. now infant state. However, as it is the only Perhaps the same individual would have have a "Letters to the Editor" box, a mail existing comprehensive representative gov­ slot in the basement, groovy secretaries in won. How did they justify waiving a valid erning organ of Golden Gate College Law election at the expense of those who felt the office who are willing to receive copy SchOOl, it deserves serious attention. for us, and me, whom you can usually find their rights had been usurped? Were they Issues and controversies are likely to too immature to accept the responsibility lurking about here and there. Typed, arise, the resolution of which will bear sig­ double spaced is nice, if it's verbal; large, which flows from decisions they might nificantly on students, faculty, and staff - participate in making? Or were they just so black and white and glossy if it's photo· as individuals, as a group, or as a school; graphic. Any special expenses incurred will hungry that when they balanced fairness thus it seems wise to make provision for against a sandwich, lunch prevailed? be reimbursed; our credit is good. Please such future instances. Perhaps for some, sign everything; if you wish your item to who appear to voluntarily disenfranchise It is imperative that all students who be anonymous, I will withhold your name themselves from school politics, there is care about this school and their educatia\ from publication. If you know of anyone nothing at stake at all. The singlemindedness show their concern by strenuous partici.) (attorneys, etc.) outside of the school who of a law student whose eye is fixed on tion. Isn't it embarrassing that the faculty is might wish to contribute, let me know. graduating, passing the bar, and making a more interested in conferring power on the A groovy, relevant newspaper in a law lot of money - though none of these goals students than students are in responsibly school like this can be a great communica­ is inherently objectionable - tends to exercising that power? Think about it. tive tool - so use it! Marge

ANOTHER GREAT SURPRISE unworkable distinctions of the old rule. CAVEAT (For a more precise discussion of this issue, Editor-in-Chief Marjorie Goldblatt by Chuck Rothbaum see the dissent of Justice Fortas in Snyder.) The reactionary forces of death struck But moving for the moment beyond the We got by with a little help from our friends: another blow for gluttony and piggishness judicial debate to the political reality which Graphics Advisor Laurence Kaufman recently when a measure which would have courts seldom acknowledge, except perhaps Production Assts. Michal Offutt, Steven Landes allowed class action suits for damages to implicitly, in their total perversion of the Advertising Tim Stewart be brought by defrauded consumers was intellectual process by continually ruling Staff Joe Altschule, Sandy Bovetti blocked in the U.S. Senate. Such a measure in favor of the nation's monied interests, Jim Dombroski, Rita Grobman, Mike Hannon is needed because of the rule of Snyder v. one is forced once again to bring forth his Jack Lauff, Marty McCarth y, Dave Neal Harris, 394 U.S. 33, 22 L. Ed. 2d 319, arsenal of three and four letter words. Diana Richmond, Charles Roberts (1969,) which precludes aggregation of the Whom do these suckers in Washington Chuck Rothbaum, Marvin Rous Joe Scanlon, Pat Waks various claims of individual members of a represent? Senator Hugh Scott, a leading class in order to satisfy the $10,000 amount opponent of the measure, knows. "The Moral Support Joan Borame, Peg Cflhill Mike Deasy, Susan Landes in controversy required of cases whose sole bill," he is quoted as saying, "would rep­ basis for federal jurisdiction is diversity. resent a good deal of blackmail potential Contributor Michael Gallantz Thus consumers who have suffered damages against businessmen." Mr. Scott, you are less than this amount are outside the damn right it WOUld. To hell with "business­ All Communications: present scope of F. R.C.P. 23 wh ich governs men" whose words lie to the people and Editor CAVEAT Golden Gate College Law School class suits. With the class action being the whose products poison them. What • 536 Mission Street only practical device for protecting his Scott calls blackmail is in reality noth San Francisco, Ca. 941 05 rights, the consumer in the vast majority of more than the coercive effect of any law consumer protection cases is remediless. which demands behavior in the public The decision in Snyder has been the sub­ interest. Yet it is men like Scott and the

The op In Ions expressed herein are not ject of no small amount of disagreement. rest of the selfish fools in Congress who nece$sarily those of the law school or any Clearly it runs against the stated purpose of are deemed representatives of the people. cQinponent thereof, or of the publishing or­ Rule 23, which when amended in 1966 was As you know, I could go on and on and on ganization, or the student body as a wh,ole. rlocinnorl +n rln '!:l'AI~\.1 \A,i+h 'tho '!:lr+ifit"i SPEAKERS PROGRAM: Points of View TOM HAYDEN SPEAKS HAS THE D.A. BEEN born within the jail. READING HIS CONSTITUTION? On December 15th, Marvin Rous, en­ Meanwhile, the government's cases are a,getic Head of our Speakers Program, gradually crumbling - (Huey and Los On Wednesday, November 25th, at noon, .esented Tom Hayden, noted speaker, writ­ Siete, for example -) since intimidated this year's Speakers Program opened with er, and Chicago Conspiracy Trial defendant_ witnesses who have traded parts of their a talk by Frederick J_ Whisman, Assist­ Hayden spoke articu lately, knowledgeably, own sentences for promises to give anti­ ant District Attorney of San Francisco_ and provocatively on an array of subjects - revolutionary testimony fail to do so, or are Mr. Whisman, claiming idealistically to legal, political, and otherwise - to a large shown to be unreliable. As an unpublicized "represent the people of California in audience from the law and undergraduate example of this, Hayden cited Warren prosecuting criminals," admitted that it is schools_ A truly comprehensive recapitula­ Kimbro, who copped a plea in the Lonnie literally a complainant, a specific group of tion of the session, wh ich lasted for over McLucas trial, but failed to link Bobby citizens, or an arresting cop whose claim he two hours, would be difficult - but I will Seale with the case, thus disappointing the represents. In explaining how the D.A:s try to relate a few of his comments_ prosecution. Also unpublicized was the fact office determines which cases to prosecute Hayden spoke at length about the gov­ that recently the new U.S. attorney in and which to drop, (in 51%, no charge is ernment's use of various judicially repressive Ch icago dropped the inciting-to-riot charges filed,) he mentioned the practice of re­ techniques whereby defendants are indicted against Bobby left over from the Ch icago 8 leasing a defendant arrested for a mere for crimes, kept in jail with ransomelike fiasco. Naturally, the conspiracy charge misdemeanor in hopes of later getting him bail, unable to meet to plan legal strategies, failed since "there was nobody left to for "a better arrest." (By "better," it is under lousy conditions, for indefinite conspire with." The pattern reveals mostly assumed he meant "more serious.") Mr. periods of time - while the government failures on the part of the government to Whisman deemed disposition of cases on a fabricates evidence which supposedly al­ convict Bobby and other revolutionaries of "plea-negotiation" basis a "free and volun­ ready existed at the time of the initial the substantive, serious crimes for which tary decision by the defendant." Arguable, indictments_ Thus they are able to isolate they are indicted. when one considers that the bargaining and immobilize political figures in hopes of Hayden spoke with insight on numerous position of a man behind bars is something suppressing or at least chilling the various other subjects - Vietnam, the war, empire less than strong. revolutionary movements_ Ironically, how­ building; imperialism, racism, and immo­ Public Defenders, he said, although ever, as other cou ntries with insurgent rality; Nixon and the China lobby; the severely hampered in their work by the movements have seen, a class of new prevalent love/hate syndrome about Amer­ tremendous volume of cases they must take revolutionary leaders is being created in the ica; an eventual system of proportional on, are helped by their familiarity with the jails_ Naturally, Nixon, resentful of the representation, an "intercommunalism" in crim inal process. 6Jrtyrdom syndrome of Bobby Seale and which the people "get it together" instead Asked whether he was disturbed by the _ers like him, would prefer to substitute of each one "doing his own thing." He also fact that an accused who cannot raise bail Bobby for his own Mel Laird in the role of commented favorably on the proposed or qualify for O. R. must often sit in jail the real villain and murderer. But, Hayden Berkeley plan for community control of for extensive periods of time until the pointed out, the penitentiary, a taxing, the police. Because of the presence of at crowded courts get around to trying his exploitative institution designed to "turn least one unidentified FBI type hanging on case, Mr. Whisman replied in the negative, people into submissive vegetables," is hav­ his every word, Tom may have exercised delighted at the opportunity to make what ing a different effect - it is hardening the some restraint - although no doubt he's he called "my favorite general statement-" prisoners, toughening them up so that accustomed to such surveillance by now­ that if the man was arrested, he must be when they do emerge from jail they will be but his talk was highly enlightening and guilty_ The presumption of innocence about much better adapted to inspire and lead the informative_ The revolutionary process, he which we've all heard so much is apparently people. The same is true of the Soledad concluded, is one you can't merely be one which has escaped the office of the Brothers - but their situation is distinguish­ talked into - it must be experienced to District Attorney. Time for lunch, kids .. _ able as one in which the movement was be fully inderstood_ M.G. M.G. LAWYER'S GUI LD The N LG, the radical or "movement" lawyer's alternative to the ABA, should have a student chapter at Golden Gate. Everyone interested please contact Alan Ellis, Bob Schubert, or Helen Shapiro.

MORGAN & BARCLAY CO., INC. headquarters for College Supplies "right across the street" 561 Mission Street 982-4321 San Francisco, Ca. 94105 for that almost forgotten piece of sordid information, observe - "Roy Reagels didn't The CAVEAT wishes to extend a 4 HIU\Ul'L 1M! ~ TiMtL ? wear a jock in the 1926 Rose Bowl." With warm if belated welcome to our new • a message so startlfng on its own, the full time profs - Michael de Vito, by Joe Altschule authorship now becomes unimportant. (Are Alan Ellis, and Robert Schubert - Students of this institution, or any like you beginning to see?) To sign Cleveland and to Gerald Magavero, our ne'iA it, would do well to reflect on the state of Williams' name to this is self-defeating; even law librarian. • their innovative thought. For example, the to sign Tennesee Williams' name to this is men's room blackboard at this school, long self-defeating. OUT-LAW SCHOOL? a harbinger of humorous excellence, has Finally, the bizarre. This is always a indeed fallen upon inglorious times. Where successful gambit. For example, to say that Larcenous activities have been report­ bits of chalk once spewed forth gems of in­ Ronald Reagan dyes his hair, is common­ ed around school, causing understandable vective, gingerly laced with cogent relevan· place - but, to say that he dyes his hair alarm. Jack Lauff lost three texts and some cies, now resides verbiage running the dull lying nude in a dark closet fondling a valuable notes in October, the return of gamut from pious platitudes to an occa· picture of John Wayne is bizarre. (Actually, which would be greatly appreciated. The sional quaint conundrum. Carrying these it is only the words, nude and fondling Law School office lost a new IBM Selectric coals to Newcastle, we can well do without. which create the image. Perhaps it is even Typewriter. The Law Library is losing Rather let us rededicate ourselves, a unnecessary to write out the whole thing. selected pages of books, rendering them Renaissance if you will, to those lofty You could get by with, Nude/Fondling, essentially useless for other students' use. witticisms, which by the shear weight of and get the same response.) The return of all of these th ings, and the their own special magic, tend to lift the A word about institutionalized humor. cessation of such activities, would benefit quality of thought to that just lower than While this has its place on a law school us all. Please don't rip off your friends ... the Angels. Mind you, I am not asking for blackboard, really, what else can be written the great stuff right off the bat, surely we about Blackacre? Blackacre to the Indians, can't expect that - not. the heavies, the Ralph Williams was born on Blackacre, biggies right away; we must walk before we Blackacre is a racist statement. Ever try to LAKE'S can run. We aren't expecting things like, title search Blackacre? I got laid on Black­ "How can I know if Feminique is for me?': acre, etc. You begin to see the possibilities, on the very first attempt. But what we do but the originality is not there. LAW BOOKS ask is an effort of some worth. Personal, institutionalized rancor is a A digression at this point is in order: It basic beginning for blackboard humor. The All Student Books & Aids is imperative in dealing with the subject of most crude example of this would be some­ blackboard humor, to include women as thing like, Jack has a hickey. (This type of ., well as men for many good reasons - thing is invariably scrawled in giant, over­ CASEBOOKS • HORNBOOKS 4IJ women's lib notwithstanding. They would sized script, giving a great clue as to the write on walls too, yet there is no black· lack of mentality of its author. Too, this GILBERT SUMMARIES board in their can. Shocking! type of abomination can be found done in If originality is the barrier between style crayon, depending of course upon locale.) BLACKSTONE REVIEWS and that blackboard, then I submit that One step beyond this would be some· phrases of interest need not be original. thing like, Jack has a hickey . .. from "PROGRAMMED LEARNING" For example, a seemingly common, ordi­ Steve. This of course speaks for itself. But nary epithet can be transformed into an the master can combine the personal attack, * * * item of relative humor, when it is ascribed involve it with the bizarre, make it suf­ to the proper party. What then is a proper ficiently esoteric so it seeks only a rarified Bankamericard party? Note the difference - to write on intellectual level of perception. This then is the board, "Aw Shit," is not only mundane your goal. For instance, Master Charge and dull; but has all the style and grace of "1 was in a restroom with Walter or corrective shoes. But - to write, "Aw Jenkins" ... J. Doe. Just Plain Charge Shit" ... Cleveland Williams; the very fact Doe moonlights as a Moile. that this quote is now linked to Cleveland Blackacre on $5. a day. Williams evokes a certain lyrical imagery Sailor! * * * that carries with it a haunting refrain of I still can't get the difference be­ pathos, rapture, poetic majesty which is tween Race, Race-Notice, Res Judi­ 138 McAllister Street itself the quintessence of literary perplexity. cata, and Res Ipsa Loquitur. San Francisco 94102 I nformative graffiti also has its place. "Objection, Your Honor!" 863-2900 The general reading public is fairly thirsting Aaron Silverman. •

L{OU .WALK SAC~ TO 'fOUR DESK, EXCEPT '{dU DON'T 016 .. At.iD lTIS AAD ({Oll WANT TO D/~!' ONLL{ OCT06ER,ANDSCHOOL LA~T~ UNTIl. JUNE, AND ntERe'tL 6E MORE E5SAI{ TE5T5 AND MJRt AGON'f, AND...

1"-.2~

R.,nrin".,,l frnrn I=ri n"t?::l 1970 Chronicle 5 Occurrence At A~o~e Cree~ A picnic sponsored by the Student Bar in order to transport the keg to the dia­ sustained. No one counted attendance but a\ociation took place at Adobe Creek mond. The final score of the touch football 70 pounds of hamburger were consu:ned. "dge in Los Altos on Sunday, October game was never determ ined, but there were Much substantive law was discussed, and 11th. A really fantastic softball game ended two kegs at that one. The nearest swimming the level of scholarship exhibited towards up with a combined score in the forties. pool was disappointingly devoid of water, the end of the picnic was astounding. Only one break in the action was required, but fortunately no personal injuries were See you at the next one! Tim Stewart

Profs ~oger "The Hat" Bernhardt and Larry "Dow" Jones play touch foot­ PICNIC HIGHLIGHT: ball With encouragement from student Mark Corriea and two daring kids. r" '0 ~ .~ ~ Golden Gate ~ ~~~~:: Bookstore ~ L:::TERI=-=~ 6 Law Wives with Liberty and Justice for All Have New Focus CONSTITUTIONAL LAW IN THE MUNI COURTS When the Supreme Court issues forth its magically becomes an arraignment. Tne't The first two meetings of Law Wives far-reach ing pronouncements, some of the comes next week. But don't worry; on your have been quite successful, reports Betty people grouse, some yawn, and others third trip to the Hall of "Justice" you will (Mrs. John) Muir, President. A mass mail­ cheer - but almost all heave a sigh of relief be found gu ilty, because the presumption ing before the first meeting unfortunately that the point of that case is irrevocably of guilt is too strong to be overcome. reached few wives since most of the laid to rest and all the courts of the land The people (that is, straight people, not addresses were inaccurate. However, word will now act in accordance with the court's street people) see the court as their pro­ has begun to spread that Law Wives is findings. In Miranda v. Arizona, Mr. Chief tector. After all, every night on television, attempting to expand its horizons - to Justice Warren speaking for the Court said some real or fictional crim inal is incar­ include not only social functions but also "Prior to any questioning, the person must cerated by the courts. (Dragnet: "On programs that delve into law, its functions be warned that he has a right to remain December seventeenth, trial was held in and procedures. silent, that any statement he does make Superior Court of the State of California, Th is new emphasis is an attempt to may be used as evidence against him, and in and for the County of Los Angeles. In a answer the queries of many law wives, such that he has the right to the presence of an moment, the results of that TriaL") The as "What's a torO", and to help them attorney, either retained or-appointed." If real life contact with the courts is generally understand their husbands' concentrated you believe that all the courts of the land restricted to traffic and parking violations. lives of law. An added impetus for the new now follow that holding, then go to Munici­ If the courts energetically and scrupulously program was supplied by Dean Bader in a pal Court for the City of San Francisco, guard the rights of the people in small short welcoming speech at the first meeting. Department 14, and watch the proceedings. matters as in great, then the people can "It isn't going to be easy," he said. "Three If you're a kidnapper or a murderer, your vividly see the need for the safeguards. or four years is a long time_" rights would probably be protected. But if But if an accused robber has more rights Professor Michael Golden headlined the you allegedly park illegally on the city's than an accused overtime parker, then the first program of the series. What some streets, you are presumed guilty until overtime parker (read "voter") will fail to wives anticipated would be a "heavy" way proven innocent. see the reason for safeguards. "Marcus" to spend an evening turned out to be The proceedings generally go like this: truly delightful and enlightening for all. After coming to the Hall of "Justice" to get Mr. Golden, speaking for an hour on a a hearing date, (it would be much too easy first year class, Civil Procedure, covered to give you a hearing date over the phone,) WEDDING CONGRATULATION~ everything from jury instructions, to writs you return for the hearing. Before the to AI Moresi (2nd year day) and his n,:s • of execution, to demurrers, and so on. proceedings begin, even before the court is wife Marlene, "Impossible," say the students; but never­ called to order, everyone is sworn as a to Walter Gorelick (last year's CAVEAT theless more ,than adequate to help put witness. When your name is called, you Editor) and his new wife Ellen, the women in closer touch with their stand in the docket. The bailiff then says and to any others with similar good news. husbands' education. "Tell the judge your story." There is no Law Wives is scheduling many more chance to plead "Guilty" or "Not guilty" BEST WISHES! such presentations together with social or "No contest;" there is no warn ing that gatherings such as a Pot Luck near Christ­ you have a right to remain silent; there is ..------.. mas. Coffee sale proceeds are used for no advice that you have the right to con- 39-45 STEVENSON scholarships - and It IS here, comments front your accuser; and the people, awed _AI':.l: __9«1 V.P. Liz Pinkham, that the Wives need by the fact that they are defendants in the ~ ~ ~ 2.D ~ ~ more support. first place, and intimidated by the super- F. Any questions will be answered by Mrs. cilious bailiff, proceed to confess. "It's true "tb taAft Ai. gOA lOIIt.iAtt Betty Muir at 626-6780. I was double-parked, your Honor, but ... " " If your story "shocks the conscience of the FINE CANDIES .. PASTRIES Addendum: court(?) ," your case might be dismissed. Numerous persons who are closely and MADE TO ORDER There can be no doubt, however, that the SANDWICHES perhaps even intimately connected with law burden of proof is on the defendant. The students consider the "Law Wives" club in adversary system is unrecognizable in the * both its name and its functions to behighly Municipal Court; the judge is prosecutor. RELAXING ATMOSPHERE discrim inatory and not representative of If your story sounds good, the judge may * their interests. The club's stance seems in­ seek the bailiff's advice and testimony. defensible in view of various revolutions - Of course, the bailiff is not sworn, he OUR OWN BUTTER-RICH sexual, occupational, and otherwise - and merely says things like "Yes, your Honor, PASTRIES & CANDIES has thus been the target of much criticism. that is a No Parking from 4 to 6 zone." * While we congratulate the wives' new law There is no testimony to establish that the oriented program, at the same time we bailiff is an expert witness on parking areas; COFFEE AND TEA query: What of the Law Husbands? Law there is no opportunity to cross-examine. IMPORTED FROM Mistresses? Unlawful Wives? Law Lovers? Should you decide that you don't like AROUND THE WORLD Law, Mothers? Law Closet Queens? What these proceedings, and should you be lucky organization represents these groups? Let's enough to be dimly aware of your rights, it • .AI'IJIC, _, D,'9«1, cut the chauvinism down to a minimum ... is possible to enter a "Not guilty" plea. 2DV2!m~2m &I Ed. What had previously been a trail then ..______.. 7 EXAM COMMITTEE The exam committee convened only once, to resolve the first-year midterm GRADE COMMITTEE RECRUITING COMMITTEE dilemma. I n past years, most instructors The recruiting committee, composed of have given midterms up to three hours in \~The committee on grades exists to in­ faculty members Mike Golden, Larry Jones, length, ultimately counting only those vestigate possible changes in the grading Jerry Lerch, and student Dave Neal, met grades which bolstered a student's final system employed at Golden Gate_ The twice before Mr. Golden unilaterally dis­ grade_ However, this year, because of the membership is as follows: faculty members banded it in favor of a one-man committee, unprecedented throng of newcomers, in­ Alan Ellis and Michael Golden; students composed of himself, which is presumably structors feared being so swamped with Hal Bain (Chairman) and Joe Altschule_ functioning with fewer disagreements and exam papers that they would be unable to the first meeting saw a wide-ranging dis­ much greater efficiency. grade them accurately, thoughtfully, and cussion of possible alternatives to the The co.mmittee, considering the goal of promptly enough to effectuate the object­ present grading system, including the pass­ upgrading GGC a desirable one, felt this ives of the "practice" midterm - i.e., to fail system, the top middle and lower sys­ might be accomplished by trying to attract familiarize new students with the legal test­ tem, and no grades at all. Eventually, we "better" students with higher averages and ing procedure; to allow them to assess how will make proposals to the full Faculty­ LSAT scores. Efforts were concentrated on they're doing in school; and to minimize Student Committee_ one of the two approaches calculated to the ultimate shock of finals. Alternatives bring this about - namely, sending faculty ranging from one 45-minute question for Students are urged to seek out commit­ members to talk with students on various each subject all in one night, to one hour­ tee members and make known their feelings campuses. (The other method, being con­ long exam on each of four nights, were on the subject of grades_ - Joe Altschule tinued from last year, is sending posters to discussed; difficulties, such as reconciling schools all around the country, aimed at the interests of day school and night school, making the name of the school known, and were encountered. Finally, the committee, putting forth the image of an action­ composed of first year profs Bernhardt, ACADEMIC STANDARDS oriented urban law school in a groovy city.) De Vito, Golden, Jones, and Smith, and COMMITTEE A number of schools, primarily in Calif­ students Bill Stallings and myself, arrived (The "Shock" Committee) ornia, Oregon, and Washington, were select­ at what we hope to be an equitable compro­ The "Shock" Committee was originally ed to receive initial contact in the form of mise. Day people will take two one-hour formed because of an instructor who gave a letter to the Poli Sci or pre-law advisor exams on each of two different nights; exceptionally low grades, costing a number requesting an opportunity to speak to po­ Night people will take one one-hour test on ,,&students their legal careers_ tentially interested students. The planned one night, and two one-hour tests a dif­ ''I.The primary functions are as follows, approach is to talk on the study and prac­ ferent night. After some debate, the full rhe first is to examine the grid sheets as tice of law generally, while subtly promot­ Faculty-Student Policy Committee decided they come in to determine whether or not ing GGC. to adopt the exam committee's proposal. the grades are so high or so low as to shock Should these recruiting aims be achieved, Apprehensive first year students should the conscience. "Shock" means a radical we may expect a gradual increase in the be relieved to hear that taking these mid­ departure from the ordinary grid sheets at admission standards of the school, and a terms is probably a far less difficult task this school. If a majority of the committee consequent increase in the number of than determining when, to whom, for how feels shocked at the grid sheet, the instruc­ students who might pass the Bar exam on long, why, and under what circumstances tor is contacted and asked why the grades the first try, which after all is the ultimate to administer them! deviate so from traditional grid sheets. If he criterion of success or failure of a law - Marge Goldblatt offers a sufficient justification (as, it was school - right? ---- an exceptionally dumb class, an excep­ There remains to be'seen whether the MINI COURSE COMMITTEE work of the other committees will result tionally bright class), the grid sheet remains The Mini Course Committee is chaired in an upgrading of the school to meet the intact. On the other hand, if he fails to by Conrad Breece, who is in turn supported justify such a radical departure, a commit­ standards of the new students. _ Dave Neal by Profs Bernhardt and De Vito, and the tee member, in conjunction with the in­ less famous Michael Hannon. What does structor, works out a fairer distribution; M. C. C. do? Well, according to Chairman such as raising or lowering some or all of NEW LIBRARY Conrad, we must· "grasp the revolution the grades. Because of the increased enrollment and firmly in both hands, and increase produc­ The second important function is to projected expansion of volumes in the tion." However, our primary mission is to examine petitions for readmission to the library, a new building with more room has ascertain student interest in one and/or no school for those who have flunked out. been acquired. By February of 1971, our unit courses covering fields not presently The ~ommittee believes that in order to library should be moved to 562 Mission offered - such as admiralty law, bank­ function effectively, everything that is dis­ Street, on the ground floor of that building. ruptcy, drafting of pleadings, international closed in the meetings must be confidential. We have asked that typing rooms be law, administrative law, and others. For this reason, it is important that the made available. A room for the Law Re­ The questionnaire recently passed out to students have faith in their appointed view, conference rooms, student lounge, and hOP!lfully received and returned by all 4IPresentatives. If many students feel that Student Bar office and an area for smoking students was an attempt by the committee ',ir interests are not adequately and while studying will hopefully be included_ to survey student interest in the "mini • properly represented by the students on the The entire area will be carpeted. course" concept and course content. Once committee, each of us will gladly resign. With a separate facility, it may be the results are examined, your energetic Student members: Joe Starita, Patricia possible to change the hours of the library and resourceful M.C.C. will try to create a Waks (Chairman). on weekends to more fully meet the study mini course curriculum reflecting the wishes Faculty: Smith, Jones, Golden, De Vito, hours of the law students. of our law school student body. Bader. - Patricia Waks - Martin McCarthy - Mike Hannon ---- 8 YERBA BUENA (continued) December, 1969, Federal Judge Weigel issues an order prohibiting the Redevelop­ ,ment Agency from forcing tenants to move and from demolishing any residential struc­ tures; but relocation workers continue to torment residents. April, 1970: Judge Weigel issues a preliminary injunction prohibiting any un­ solicited contacts between agents of the Redevelopment Agency and Verba Buena residents, a decision based on the Agency's failure to demonstrate the availability of adequate relocation housing and its failure to comply with HUD regulationscallingfor consultation with minority group leaders in Resident of Rex Hotel on 3rd Street renewal area. The decision also gives the CATMAN Agency until July 1, 1970 to commit itself asks that the parties meet in his chamber "jubilant." The effect of the order has yet to building housing for YB residents. the following morning: he promises to to be tested since the Arbitration Panel Ex-Governor Brown is appointed special impose a settlement. hasn't been established. The TOOR mem­ master to mediate the conflict, with both bers realize the struggle is just beginning. parties agreeing to abide by his decision. Judge Weigel Lifts Injunction Brown proposes 2,000 housing units, new or It was a typical Saturday morning: foggy A Poignant Juxtaposition rehabilitated, to be built in the Verba Buena and drippy. The Federal Building stood George Wolf, his silver-gray beard shining project area. However, Justin Hermann, lost and paralyzed without its face-Iessly with glee, is 82 years old and is chairman Director of the Redevelopment Agency, clean bureaucrats oozing in and out of of TOOR. His time-ridden face expresses refuses to adopt Brown's proposal. fecund "departments," "bureaus," and the grueling conditions as a Longshoreman. July 1, 1970: Federal funds for the YB "offices of." The non-stop elevator ride Pete Mentelsohn is the vice-chairman. Any project are cut off. The Agency submits to expeditiously demonstrates man's advances attempt to capture the essence of spirit of HUD its trump card - a supplemental in technology and human comfort - 3.2 George, Pete, or any of the other residents Relocation Plan showing that San Francisco seconds from lobby to 19th floor. The fighting valiantly for their lawful rights does not have a housing crisis and that marble-walled mahogany furnished interior would be frustrating. One can only point to YB residents will be given public housing of Judge Weigel's courtroom mesmerizes the death-in-life existence that exudes from priority over the 8,000 people on the public the individual into infinity. A sense of the inanity of the Verba Buena pro:i housing waiting lists, some of whom have majesty, immensity, and reverence are Think of it: hard working men and wo been displaced from the Western Addition effectively symbolized by the rectangular who did menial jobs, who are old andior Redevelopment project. HUD adopts the architecture. One wonders in a pluralistic disabled, who have made intimate frie.nds Plan and renews Federal funding. Hermann's nation marred by tumid apathy whether in their hotels. All this is expendable for rape of Verba Buena continues. dehumanization can ever be transcended by the luxury of attracting more tourists and the individual's values, needs, and ideas. conventions via the Verba Buena Center. These thoughts were tabled when Judge One need not feel sympathetic for the Weigel's bailiff requested that the respective George Wolfs and Pete Mentelsohns, for parties meet with the Judge in his chamber. sympathy is nothing more than condescen­ I n his chamber, Judge Weigel announces sion or patronization. Rather, one must that he will impose a settlement and lift the empathize and try to vicariously compre­ injunction. His order provides: (1) that hend the residual courage of individuals 1500 units of low-rent housing be built by like George and Pete, who possess the fear­ the city within 3 years or the injunction lessness of those who have lost everything. will be reinstated; (This was designed to An old codger residing in the Rex Hotel on serve as an incentive to the Redevelopment Third St. once explained that until a man Agency so that they might pressure the loses everything, he will never know the Housing Authority and Mayor to provide world for what it is, or himself for what housing.) (2) that a three-man Arbitration the world has made of him. The real sympathy should go to indi­ GEORGE WOLF Panel be established to hear relocation com­ Executive Director of T. O. O. R. plaints. Each party is allowed to appoint viduals like the Director of the Redevelop­ one man to the Panel - the third member ment Agency, Justin Hermann; Director of On October 23, 1970, a settlement agree­ is to be mutually agreed upon by both the Ye:-ba Buena Project, David Collins; ment is signed by attorneys for TOOR and parties. (3) that five hotels be established and The Verba Buena Relocation Director, Hermann which would lift the injunction. as "hostage" hotels for 525 residents until Robert Pope. For these men are the de­ However, it is contingent on ratification by new housing is built. This means that personalized agents of a dehumanizing members of TOOR. Three days later, approximately 800 residents will be subject society where the only sure thing is cease­ TOOR members overwhelmingly reject the to relocaiion. The five h'otels are five of the less and restless change. They are the f~, settlement claiming that it is illusory and worst in the project area. The Judge also of darkness and solitude, expertly scatt that over 1,000 residents would be subject orders that $150,000 be used to rehabilitate fragments of the human persona. They a e to relocation. the hotels. This is hardly enough to rehabili­ the bureaucrats performing routine, tasks November 6, 1970: Judge Weigel is tate even one hotel. with efficiency but devoid of any moral upset because of the parties' lack of Weigel's order is termed a victory for the concern. These parasitic men are the "real" success in negotiating a settlement. He Redevelooment Aaencv. JU$tin Hermann is tragedy of Verba Buena. Better Green than Red 9 by Michael Gallantz

~n.likeIY revolutionary this 42 year Reich stresses the high degree of ihte­ own and operate the Corporate State. o~ professor from Yale. The dust gration and amalgamation of Reich sees a new community already jacket of Charles A. Reich's r;1ew book supposedly competing institutions and in existence. But whatever smiles and tells us that "his articles have appeared their inaccessibility to democratic even genuine solidarity fellow-long­ in the Yale Review, The Public Interest, control. He sees the brutality imposed hairs may share meeting on the road, the Yale Law Journal, and Harvard Law by an educational system designed to the community is often a limited and Review." His book, The Greening of mold people for an appropriate slot in a superficial one, frequently lacking in America: How the Youth Revo/utiJn Is hierarchical system rather than to help real relationships or shared lives. Trying to Make America Livable (New them develop their own identity and ful­ Of course, youth consciousness does York: 1970) is published by Random fill their self-defined needs. He sees represent a major breakthrough in House, a fairly established operation through the pretense of liberalism, American culture. The point is that to not noted for close ties with the .cultural which, during the New Deal, consoli­ idealize it as a total break with and a or political underground. dated the Corporate State under the complete alternative to the prevailing Nonetheless, Reich begins by telling guise of reform. ethos can only lead to complacency and us that "America is dealing death, not However, Reich's primary interest is an absence ,of struggle, wheth er only to people in other lands, but to its not in institutions but in what he calls struggle with ourselves or struggle With own people" and "there is a revolution conscfousness, "a total configuration in others. coming." He goes on to elaborate on any given individual, which makes Criticism and self-criticism find no both these points: thedeildliness of up . .. his world view." Conscious­ place in Reich's view of the new con­ current American society and the rise ness, says Reich, determines the sciousness, and struggle is one thing of a movement for revolutionary structure of institutions. America has that Charles A. Reich would prefer to change; a movement that he claims to had three stages of consciousness. do without. support with enthusiasm. Consciousness I was the Consciousness There is an. important clue here to As a series of New Yorker articles, of the pioneer - rugged individualism. what Reich is doing. His book is written Reich's book was already tremendously Consciousness II is the consiousness of for two different audiences. One is the popular even before its publication in the organization man - the good of "core group" of Consciousness III book form. Considering the indictment society is paramount. youth "white, well-educated, and he makes of contemporary America, The revolution that Reich sees middle class," the other also white, well­ one might be surprised at his popu­ coming is a revolution of consciousness educated, and middle-class - their I.rit. Maybe this popularity is an - the rise of Consciousness III, the parents. His goal never stated but i ion of the degree to which a consciousness of contemporary youth, always implicit, is to bridge the genera­ ra I critique of society has gained the consciousness that starts with tion gap and bring America together acceptance and sympathy. There is integrity of the self and that on the basis again. some justification for thinking this. of respect for each person's uniqueness The closer we look at his argument Reich does at first seem to make a criti­ seeks to construct a true community. the more this becomes clear and the que that is telling and thoroughgoing. The summer of 1967 Reich spent in more conservative appear the implica­ In answer to the question "what is Berkeley and it seems to have made a tions. Not .only does Reich idealize. the wrong with America?" Reich cites five big impression. Telegraph Avenue, youth rebellion, he carefully blunts its categories of problems: Lower Sproul rock concerts, the Fill­ horns. Beware of flatterers. + disorder, corruption, hypocrisy, war more and the Avalon are the images After all the-adulation of rock, drugs, + poverty, distorted priorities, and Reich conjures up again and again to and hip clothing, Reich concludes that law-making by private power describe the revolution in conscious­ the really important thing is not the + uncontrolled technology and the ness. content ot any of these. "Rock music destruction of the environment However, the summer visitor from represents not any particular musical + decline of democracy and liberty; New Haven may not have seen quite all style, but the pleasure and happiness power! essness t~ere is to see, and lots has happened that results from immersion in + the articificiality of work and culture since 1967. Few people here have quite m~sk . .. The clothes of the youth + absence of community as idyllic a picture of Berkeley as does culture represent the value of personal + loss of self Reich. Reich says that clothes like jeans expression in dress ... Peace marchers He sees these problems as interconnect­ and bell bottoms "express profoundly and other demonstrations and protests ed and does not think that they can be democratic values." By their similarity r~prese~t, not any specific political remedied piecemeal. In fan, to remedy "they deny the importance of hier­ vIewpoint . " but the value of taking them would require the destruction of archy . .. and they reject competi­ personal responsibility. 11 the leviathan that produces them, the tion." But aftN all these clothes do Reich urges the youth revolution to Corporate State. distinguish hip from straight, and the expand its base by appealing to the Although Reich traces the problems old competitiveness and status-con­ middle-class as a whole, but when talk­ oJ America back to industrialization and sciousness sometimes take a new form ing about making this appeal he dilutes even to the rise of the competitive in a hip-hipper-hippest hierarchy. the message of youth culture to a mini­ market economy and of scientific tech­ Reich thinks that youth has liberated mally threatening common denomi­ n.,·,he claims that the Corporate itself forever from consumer conscious­ nator - "a non-material set of values." S as not really consolidated in its ness. Yet we still consume clothes "For older people," he says, "a new pr nt form until the 1950's. America records, and rock concerts and alloV: consciousness could rest on reading under the Corporate State is quite the ourselves to be exploited by profit­ literature, baking bread." opposite of the mythological America eering merchants on the Avenue, After hearing Reich talk of a revolu­ described by the self~serving ideologists profiteering rock promoters who pack tion that "goes beyond anything in of pluralism. Rather by the 1950's in larger and larger crowds for higher modern history" we wait with bated America has become "a single vast and higher prices, and protiteering breath to hear what the concrete results corporation, with every person as an record c.0!11pa.nies that are owned and lr'n"f'inlJori "n "~,...a 1r1J 10· 'LOS SIETE' ATTORNEYS RAP

"No one ~s going to say, 'We are sorry that we kept you locked up for 17 or 18 Kenneally' 5 months.' No one is going to say to the beautiful defendants that we have here: we are sorry we invaded your life at a time SHAPE UP FOR SKIING when you were going to school, and when you were trying to better yourself ... The prosecution doesn't understand ~~~111!.~ and I'm sure the court doesn't understand Complete selection of the ~...,... what it is to be part of the ghetto of finest in ski apparel and America, becuase the police treat you dif· ferently when you are in the so·called equipment "white establishment." But when you are part of the ghettos of America, the policemen have no regard for your rights ... " Charles Garry 000

"The law bears less resemblance to the realities of life than any other institution in this country." Michael Kennedy

More Green . .. Complete ski refinishing in store for most makes and brands. Head factory-trained ski mechanic. All of th is revolution will be. Well, for a starter, new refinishing equipment. Kenneally's Sports ... more home-baked bread. If this were all that were wrong with now offers you everything. Reich's analysis, it would just be silly. Un­ fortunately it is also dangerous. Part of Reich's message to the you ng is that In fact, the War represents the ultimate We can only succeed if we concentrat~ ". "before anything else" they must reject refutation of Reich's analysis. For in Viet· cultural change. As an example of .. "hostility." Why he is so sure that the true nam a cultural consciousness joins with a cultural revolution has affected people, he individual self he wants each person to find pol itical rebell ion and thus ach ieves more points to the prevalence of long hair. could not contain any hostility is an victories than any movement within Amer­ In other words, the War goes on (too interesti ng question. ica yet has. Reich knows that it was the bad), but LBJ now grows his hair long But Reich carries this idea further. The war that "forced" the "breach in con­ (what a victory)! struggle by youth and other radical forces sciousness." But he calls the War part of With all his talk about revolution and to gain political power is, he says, a the machine's self-destruction. With that change, Reich writes in an old tradition. dangerous dead end. Consciousness alone one word - self-destruction - Reich blots America, he says, has a unique destiny. will make a revolution; any attempt to use out the existence of the Vietnamese people It started as the hope of individual freedom this consciousness in a struggle for political and their tenacious struggle. That struggle (for Indians? for blacks? The green fog power will only divide the potential Amer­ is what really "forced," yes, forced the thickens.) The drearri was "betrayed," but ican community into two nations. "breach in consciousness." ' in the 1970's it appears in a new form. Struggle is unnecessary because no one Reich sees the world through green· Hippieism is twentieth-century American­ really holds power in the Corporate State. colored glasses. He can't see the yellow of ism. Reunited, America will once again be The State is a machine, and it will self­ the Vietnall\ese, and he's also got some a beacon to the world. destruct. trouble with the black. The middle-class A dream indeed. But as Reich dozes So the Rockefellers and the N ixons, the person, whose life is not wholly his own off to sleep, the youth of America are owners of Dow Chemical and of the Bank is thus, he tells us, really a "nigger." ' • waking up. of America can all relax. They are just as By seeing everyone as a "nigger" Reich can ignore differences in degree of oppres· much victims as those who are worked to NOTE: Michael Gal/antz is a graduate death in the factories they own, jailed by sion, can ignore the way some people (say, wh ites or males) participate in the oppres­ student at U. C. Berkeley and a friend of the judges they appoint, napalmed by the CAVEAT staff member Chuck Rothbaum. armies they command. sion of others (say, third world people or women). In real life blacks have to struggle This article is reprinted courtesy of "the And the War, according to Reich, is only every other weekly," a supplement to the a "game." One more plastic product of against whites or at least against some Daily Californian. plastic America, it serves no real needs. whites. If you're black, stand way back, -Ed. That the Vietnam War represents the po­ or Charles A. Reich might have to take tential threat of a rebellion of all the account of your struggle, struggle with it t,. colonized people of the world against the or against it. American Empire, a threat that would In the green fog Reich lives in things destroy the real material interests of Amer­ take on strange dimensions. When youth ica's rulers is something that Reich cannot tries to change political structures as in or will not see, the anti-war movement, they fail, he says.