The Docket Historical Archives

12-1-1984

The Docket, Issue 4, December 1984

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Recommended Citation "The Docket, Issue 4, December 1984" (1984). The Docket. 110. https://digitalcommons.law.villanova.edu/docket/110

This 1984-1985 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. drcetingij THE

Vol. XXI, No. 4 DOCKETTHE VILLANOVA SCHOOL OF LAW December, 1984

Placement Stats PAULING: END ARMS INSANITY Improve Nobel Laureate Blasts Reagan Administration by Jill Aline Cheilik by Michael McGrath Looking for a job? The new Board of Con- Students, faculty, and members of the suitors survey for 1983-1984 has come out, community packed rooms 29 and 30 on and the VLS Placement Office statistics are Monday, November 12 to listen to two time very impressive. 75% of the graduates from Nobel Laureate Linus Pauling deliver a the class of 1984 had legal jobs at the time of speech entitled "Nuclear Arms Control and graduation. Of this 75%, obtained their World Peace: What the Future Holds." The jobs through the Placement Office, from International Law Society sponsored Paul­ on-campus and 4-in-l interviews, and from ing's appearance in conjunction with the jobs listed in the Office. Law School. The number of on-campus interviewers In his speech, Pauling sharply criticized has risen considerably over just the past the participation of the United States in the three years alone. During the 1983/84 year, arms race. He argued that the destructive there were 37 new employers who had not potential of nuclear war posed too substan­ previously interviewed at VLS. As of April tial a risk to continue the arms race. He also in the 1982/83 survey year, there were 92 scolded the Reagan Administration for its recruiters in total; 60 on-campus inter­ rhetoric and conduct, charging that it had viewers and 32 4-in-l interviewers. As you exacerbated tensions in the international might expect, the largest number of these community. interviewers were from Philadelphia firms, Dean John E. Murray, Jr. gave Dr. Paul­ with out-of-state firms finishing second ing a warm introduction. Pauling, a re­ and government agencies and corporations nowned chemist and pfeace activist, tied for third. The final tally for the received a bachelor of science degree in 1983/84 survey year showed a total of 120 chemistry from Oregon State University, recruiters, a substantial increase from the and received his doctorate from the Califor­ previous year. So far in the 1984/85 year, nia Institute of Technology. He has also the number of on-campus interviewers, Nodel Laureate Pauling addresses S.R.O. crowd at Villanova. received more than thirty honorary de­ through October, (including 4-in-l s) is grees. only 9 behind last year's total number. Pauling was awarded the NobeJ Prize for Therfe have been 74ori-campus and 37 4-in- Peace in 1963 for his role in bringing about 1 recruiters, for a year-to-date total of 111. the Nuclear Test Ban Treaty between the For those currently seeking a job who say United States and the Soviet Union. In they don't know anyone who's had an LAW REVIEW BOUNCES BACK 1953 Pauling was awarded the Nobel Prize interview: better ask your friends again. As for Chemistry for his work in that field. of 10/23/84,141 of the second year students by Scott Fe^ey comers to the Law Review spend much of In 1970, Pauling gained international (65% of them,) and 130 of the 3L's (63%) The Villanova Law Review is currently their time checking sources and proofread­ attention when he asserted that massive have had interviews. faced with a tough challenge. This year's ing. They are also required to write a 20-25 doses of Vitamin C could cure the common The Placement Office would love to be staff must complete the two issues left over page casenote and a shorter casebrief on an cold. Later, he said the substance could able to find jobs for all students who seek from last year and move on to complete issue addressed by the Third Circuit Court help cure other ills, including cancer. That them. First year student looking for a their own volume on schedule. Tom of Appeals. Associate Editors write "com­ contention is still a subject of controversy. summer job? Marie Helmig, assistant Spencer, the current Editor-in-Chief of the ments," while many third year members Pauling began by expressing his confi­ placement director, says there are usually Law Review, is optimistic that his staff can have the option to draft a comment or a dence that we live in an era when war will more jobs than there are students to fill meet the challenge. "Everybody's been casenote. The material which finally ap­ not occur. At the same time, he noted that them. Think you have troubles with inter­ working very hard," Spencer says. "The pears in each addition is roughly split be­ an accident that the authorities could not viewing? The Placement Office will hold a second issue of last year's volume was out a tween that of outside authors (including, control could wipe out the entire human mock interview for you if you want one, so few weeks ago, and Issue #3-4 should be out occasionally niembers of the Villanova Law race. that you can experience the actual atmos­ very shortly. The first issue of volume 30, School faculty) and the work of student Describing the present as an especially phere of an interview without the pressure. which is our volume, should be out some­ authors. Villanova, unlike other law crucial point, Pauling said that he had ex­ So if you're looking around for a job your­ time in March only about a month behind schools, solicits material for publication. pected that before the recent presidential self and haven't found anything that suits schedule." According to Spencer, many contributors election, President Reagan would an­ you, try the Placement Office. "The According to Spencer, a couple of prob­ appreciate the fact that the Law Review nounce that his policy of accelerating the statistics are very encouraging," says lems developed last year that contributed expresses a continued interest in their United States' build-up of nuclear weapons Marie Helmig. "Villanova's statistics are to the current lag in the production sche­ work. had forced the Soviet Union to the bargain­ rising comparably with the area's better dule. An author who was supposed to ap­ Along with the publication of the Law ing table. "As it turned out, he didn't have known law schools. It shows that Villanova pear in the 1983 Law School Symposium Review, the staff sponsors a symposium in to," said Pauling, indirectly commenting graduates are really starting to be in de­ the Spring on a special topic of law. This on the fact that the current stalemate be­ mand." held annually in the Spring never submit­ ted an article for the special Symposium year's topic will Federal Rules in Evi­ tween the U.S. and the Soviet Union did not issue of the Law Review. The staff delayed dence. A panel of several experts, chaired adversely affect President Reagan's recent publication hoping they would receive the by Prof. Packel, will present papers on the reelection. Avoiding direct criticism of Rea­ article by the time of the symposium, but topic in an event open to the entire commu­ gan, Dr. Pauling maintained that "Rea­ the article never arrived. The Law Review nity. These papers will later appear in the gan's solution is to replace some of his was also forced to switch publishers last special Symposium issue of the Law Re­ irrational advisors." year. The printer in Philadelphia that used view. Pauling discussed the changing percep­ to publish the Law Review folded. Now As if publication of five issues of the Vil­ tions concerning life on earth after a nu­ each manuscript must be sent to a pub­ lanova Law Review is not a big enough feat clear war. "We feel uncertain about what v lisher in Nebraska. in itself, the idea for a second publication is the aftermath would be like. We do not The faculty and the administration do currently being discussed among the fa­ know whether the fallout would subse­ not appear to be overly worried about the culty. The idea for a second, specialized law quently eliminate the rest of the human slack in the Law Review's production sche­ journal was the product of Dean Murray. race." dule. Dean Murray remarked, "There is no Although still only a topic for debate, Dean Pauling then mentioned the concept of law review in the United States that is not Murray feels a second journal will give the "nuclear winter," which scientists somewhat behind." The Dean expressed more students the opportunity to partici­ have discussed recently. A recent issue of confidence in the ability of the current staff pate in in-depth legal research and writing, the Atlantic explored this theory in detail. to pick up the slack from previous issues. an activity he described as a "uniquely It suggests the possibility that the dust and Several faculty members also shared in the educational experience." "The process of smoke and particles produced by a nuclear view that it is not at all unusual for a law legal research, digging into every crevice blast might be voluminous enough to cut review to fall behind in production. and coming up with new ideas and new off for several months the sunlight that the Publishing five issues a year is not an ways to express those ideas, can be very earth receives, which would like result in easy task for any staff. Most law schools in satisying for a student," the Dean says. "A the death of most life forms on earth. student may come up with a new idea that the country publish only four. To meet the Pauling continually reiterated his per­ immense demands of their production may advance the current thought in an en­ tire area of the law. It will be an invaluable sonal fear of nuclear weapons. He declared . schedule, the staff begins work early in the his concern that no one seems to under­ summer. By the time classes start in the experience, a deep pocket from which to draw later on in one's career." stand the damage that these weapons fall, much of the groundwork for the first would actually cause if ever used. two issues has already been covered. New­ (Continued on page 7) (Continued on page 4) Page 2 • DOCKET • December, 1984 .i The EDITORIAL LETTERS TO THE EDITOR 1984: Mixed Blessings Editorial Was Inappropriate To the Editor: Theeditorial says that the United States We, the undersigned, protest the publica­ gets "little" consideration for its aid and tion in the November issue of As another calendar year comes to a close, it's once again an approp­ The Docket, that the intelligence information the Uni­ riate time to consider the past year of activity at VLS. of the editorial entitled "U.S. Aid to Israel — No More Blank Checks." ted States gets from Israel could "come at a First, the GOOD NEWS: The collection of inaccuracies and in­ much cheaper rate from any number of — VLS grads continue to excel at the Pennsylvania bar exam. This nuendo in the editorial would be objec­ Arab states." Is the editorial writer privy to an informed assessment of (i) the worth of past July, our alums enjoyed a 93.9% pass rate. Although this is down tionable even if it had simply been contained in an article representing the the intelligence information provided by Is­ from last year's percentage, the pass rate for all examinees was signifi­ views only of the writer. However, this col­ rael, (ii) the worth of the intelligence cantly lower this year, most probably due to the newly modified exam lection is extremely offensive in an editor­ information that could be provided by Arab format. ial which has the weight of and purports to states, and (iii) what the cost would be if — Under Editor-in-Chief Tom Spencer's ^idance, the Villanova Law represent the collective judgment of the Ed­ provided by the Arab states? Review is steadily catching up with its publication schedule after falling itorial Board of The Docket. The editorial states that the "democratic seriously behind over the prior two years. Why did The Docket choose to publish, stability of Israel is questionable." This, of as its editorial opinion, a factually inac­ — At long last, a faculty-appointed committee has formulated a preg­ course, is purely opinion, but there is no curate, wholly one-sided, and inflam­ basis for this opinion. Is Syria or Iraq or nancy/hardship policy. matory editorial on a subject matter which Iran or Saudi Arabia the editorial's concept — A large dose of kudos goes to Associate Dean Garbarino for his has no particular relevance to the law of a model of "democratic stability"? successful efforts in opening the cafeteria to after-hours study. The school or law students knowing (as The We could go on and on, but we do not opening, which involved the coordination of several university services, Docket must have known) that publica­ want to legitimize a totally inappropriate has resulted in a somewhat quieter library and a more efficient use of tion of that inflammatory and inaccurate editorial by responding to it point for point. matter was sure to offend many students, In brief it can be said that the editorial is space in an over-crowded physical plant. faculty and alumni? Publication of such an inaccurate (for example, it twice refers to — The law school's regional prestige was advanced another step with editorial does not advance the interests of an asserted "high standard of living" in the hosting of the recent Appellate Judges Conference which broueht the law school student body, but instead Israel), it omits relevant information (for many of the state's finest jurists to Gary Hall. can only divide the law school community, example, the editorial does not state that — Also in the good news column is the fact that the Docket mailbox and that surely must have been known to most aid to Israel is spent in the United The Docket. States), and it is wholly one-sided. has survived intact through the recent onslaught of letters to the editor. The editorial seems to be grounded on Our point is this — an editorial has a These missives, reprinted beginning on this page, are largely in response the premise that the lobby composed of "Is­ special impact, and with that should come to last month's editorial which called for an end to the "blank check" rael and its American friends" pressures a special responsibility. By publishing this fashion in which the U.S. supplies aid to Israel. Congress into voting aid for Israel even inaccurate, inflammatory, and wholly one­ though the individual Congressmen realize sided editorial, the editorial board of The And now, the BAD NEWS: that it is against the interest of the United Docket has failed to meet that responsibil­ — Last Spring, the faculty lost one of its strongest "liberal" voices as States to vote such aid. This is false. The ity. Even more astonishing, The Docket the result of a tenure committee's negative recommendation. That deci­ great majority of Congressmen who sup­ has chosen a subject matter that has no­ sion remains utterly inexplicable, especially in light of a few favorable port aid to Israel do so because they know thing to do with the law school, knowing tenure recommendations made in prior years based upon an obviously, that it is in the United States' best interest that a significant percentage of the law that there be a strong pro-U.S. presence in school community would be seriously of­ lower set of criteria. The only barely credible rationale in sight was a the Middle East, and not because they are fended. Why? possible desire to preserve open tenure spots for the immediate future, compelled to do so by the power of a lobby (Professor) Lewis Becker including the two highly deserved tenure grants made since last Spring. composed of "Israel and its American (Professor) Leonard Levin But whatever the real reasons may have been, the recommendation friends." Both Democratic and Republican Marc Bell administrations have recognized the im­ Avivah R.Z. Pinski weakened the diversified viewpoint in our community, a diversity so portance of a pro-U.S. presence and have necessary to the education of new lawyers. R.A. Shisler therefore strongly supported aid to Israel. David Aisenberg — Handicapped students continue to face hardships due to poor ac­ Americans from Rev. Jerry Falwell to Ger- ; Paul Missan cess, or no access at all, to several areas of the school including , most aldine Ferraro also strongly support the James M. Steinberg state of Israel. seriously, the cafeteria which is the socal center for most first year Jackie Shulman students between classes. Admittedly, solutions to these access problems would unavoidably involve great expense; but concern for the basic physi­ cal and psychological well-being of a disadvantaged minority should not Disturbing Ideas Between The Lines of be neglected despite the cost. Last IVIonth's DOCKET Editorial —Xiting the high cost of postage, one of the changes made by Dean Murray in his first semester at VLS was to end the lonj-time tradition of To the Editor: American friends are for the most part mailing the Docket to alumni, except to those who specially notified us The Docket's lengthy November edi­ American Jews? If he did, he certainly had that they wished to: remain on the mailing list. At the time. Docket torial on U.S. aid to Israel is disturbing, not sufficient space in which to say so. Does the editors suspected that this change was really an effort to pacify some because of what it says openly, but because editorial writer really not know who The members of the law school's community, who often disagree with the of what it implies. Docket's readers will identify as Israel's The editorial asserts that "Israel and its American friends? If he does not, then he is Docket's contents. It is interesting to note that next year's Docket American friends constitute the single certainly naive. budget, recently released, provides for a regular increase in postage most effective lobbying force in the coun­ Over the years anti-semitism both at try." This lobby, the editorial asserts, is home and abroad has been fed and nur­ -J.W. "so effective" that "(i)t is frightening," tured by the "big lie." Chief among the big and, in the words of unnamed Senators and lies has been the accusation that the Jews Congressmen, imposes upon them an "ab­ control the press, the banks, and the politi­ THE solute political requirement" to vote for Is­ cians. It is unfortunate that the student rael. Furthermore, these episodes receive newspaper of the Villanova Law School DOCKET very little press coverage, according to the should, intentionally or unintentionally, give support to the spread of such accusa­ The Docket is published monthly by the students of Villanova Law editorial, because "reporters and politi­ cians" understand the power of this lobby. tions. School, Villanova University, Villanova, Pa. 19085. Letters and articles The editorial then goes on to illustrate the Israel exists today because men and are welcome from students, faculty, alumni and the community. Paid writer's view that the United States is women of good will of many faiths and from advertisements are also accepted. The Docket is distributed to all current forced by this powerful lobby to support many countries recognized the value of giv­ students, faculty and administrators. Alumni who wish to receive The Israel even when the interests of the United ing a persecuted people a land of their own. Docket by mail should notify The Docket office at the above address. States are not being served. For many, Israel was a haven from the The editorial stops short of identifying anti-semitism of their homelands. Many of Editor-in-Chief Israel's "American friends" who constitute Israel's American friends give it uncritical James Watkins this "single most effective lobbying force in support out of the fear that it represents Feature Editor Production Manager the country." Speculation on that question their last refuge should anti-semitism take Michael T. McGrath Thomas Thornton is left to the imagination of the reader. It is root and flourish here as it has elsewhere the editorial's refusal to identify Israel's over the centuries. The Docket should not News Editor Copy Editor be among those who give substance to that Kate Tana P.J. Redmond American friends that is the disturbing as­ pect of the editorial, for it allows the editor­ fear. . , Sports Editor Business Editor ial to appear to be merely anti-Israel rather Kevin McKenna Sue Verona Very truly yours, than blatantly anti-Jewish. Does theeditor­ (Professor)Howard R. Lurie Graphics Editor Layout Editor ial writer seriously doubt that Israel's Mark Richter Perry Simon Photographers Jim Dalton Andrew Wohl Associate Editors: Anna Arakelian, Charlie Howland, Jackie Shulman, T.A. Thornton, Dan Weisman, Mary Porter Staff: Herb Abramson, M. Th. Borque, Paul Brinkmann, Jill Cheilik, Barb Dively, Scott Fegley, Mark Foley, Michael Gallagher (occasionally), Na­ talie Habert, Kurt Kramer, Alaine Luchske, Brian Mich, Michele Monaco, Sean Abdul O'Grady, Tom O'Keefe, Ellen Resinski, Greg Sharkey, Gina Vogel, Joe Zahm. Southern Correspondent: Walter Champion Faculty Advisor Prof. John Cannon The only person in the school not offended by last month's editorial.

If m t r.'i ••• • .• .v-4^ JK i December, 1984 • DOCKET • Pafl« 3 DAN WEISMAN MORE LETTERS AND THE WINNER IS...

error in judgement again. Wednesday, November 7. I wake up, job-selling scandal as Auditor General. DOCKET Diatribe Kathleen M. Tana bleary-eyed, and try to remember how I got This was a definite hold-your-nose race. Editor's Reply: All editorials are reviewed myself into this state. After all, I was no­ Best political ad, print: They all stunk. Offensive and approv^ by a majority of the Docket's where near Kelly's last night, and I do not Worst political ad, print: Tie between Board of Editors prior to publication. Most drink alone. Oh yeay, last night was elec­ Benedict's "A1 Beneidict is making head­ To the Editor of the Docket: editorials, including last month's, go tion night. Now I remember. I was listening lines" and Dwyer's "I know where all the I was annoyed by your one-sided diatribe through several drafts before receiving the to election returns (Reagan won, for those corruption is" campaigns. Both claims are against Israel in the last issue of the Board's final approval. who haven't noticed) while trying to pre­ correct. Docket, and by its insulting tone as well. pare for a Con Law discussion on Substan­ Best political ad, TV: Mondale's "Teach With unusual naivite, your editorial "No Resignation tive Due Process. The Con Law text struck Your Children Well" ad. This featured the More Black Checks" attempted to pin the through the eyes while NBC news snuckin Crosby, Stills, and Nash song while show­ blame on Israel from everything from U.S. Considered through the ears. The two met and ex­ ing images of cute children and nuclear aid to El Salvador to US intelligence gather­ To The Editors, ploded with extreme prejudice somewhere explosions. It effectively and viciously ing difficulties in the Middle East. around my Medulla Oblongata and I en­ made its point. This letter is in regard to the recent edi­ tered the Twilight Zone. I don't have time to deal with each mis­ torial pertaining to Israel. The column con­ Worst political ad, TV: Reagan's bear-in- representation, but two points are worth tained many "facts" which I cannot say are Suddenly, I realized that I'm a political the-woods ad. This showed a bear wander­ mentioning. First, your editorial seemed to true or false, but furthermore it contained junkie who overdosed. The signs were all ing aimlessly while the announcer told us suggest that all of Israel's economic prob­ certain underlying implications and opin­ there: paying attention to bumper stickers; we have to be as strong as the bear. As lems are of her own making. It conve­ ions which are very unsettling to members wearing political buttons in public; study­ Garfield the cat would say, "Big, fat, hairy niently ignored the fact that Israel's of the faculty, members of the student ing the League of Women Voters Guide deal." difficult economic situation has its basis in body, and myself. alone in bed; actually caring who wins state Assembly seats and worst of all — Best TV commentator: Thatcher Long- five Arab wars against Israel which have At best, these implications are reflective streth. He honestly and coherently ex­ claimed not only thousands of Israeli lives, of an insensitivity to members of the law writing about politics for The Docket. I was planning to go to the Betty Ford Clinic plained all the local trends without being but also billions of dollars. school community. They are reflective of a condescending. careless journalistic attitude, especially in to Dry out but it's hopeless. I might as well Second, the Docket editorial took the accept my fate and make the most of it. Worst TV commentator: Jerry Falwell. strange position that to gain friends and light of the recent problem the DOCKET He should read that Constitution before has had in offending certain groups of the Herewith, then, it is time to present this allies in the Middle East, all the U.S. would year's tinfoil statuettes for the best and opening his mouth. have to do would be to renounce Israel. Let law school. Worst announcer: Dan Rather. He At worst, these implications are an ac­ worst in politics. This year's Trickie Dick­ me ask the Docket: Who would the Docket ies will go to a wide range of deserving seemed to forget that he's no longer on 60 like the U.S. to rely on instead of Israel? tual religious slur, and somehow were able Minutes interviewing unprincipled corpo­ to be reflected in a school newspaper. The parties. But, before we get to the awards, Despotic monarchies like Saudi Arabia let us recall the immortal words of Will rate executives. who do not hesitate to use oil to blackmail remarks should not have been allowed to be Best performance in a debate: Mondale, made either intentionally or negligently. Rogers, "A statesman is a dead politician. the Western world? Nice chaps like Khad- We need more statesmen." Now the enve­ when he said, "Where's the Beef?" to Gary afy who finance terror groups like the PLO, The column did not promote any valid Hart sometime in the spring. school interest, and will just stir angry feel­ lopes please. . . the Red Brigades and the IRA? Peaceful- Best political move, foreign: Argentine Worst performance in a debate: Reagan, loving countries like Iraq who carelessly ings amongst members of the law commun­ in his first encounter with Mondale. ity at Villanova, and amongst many President Raul Alfonsin ordering his coun­ use poisonous gas in their war with Iran? try's former dictators to be put on trial for Or perhaps the Docket means more "mod­ members outside Villanova, including Best pre-election comment: Mario alumni, who will see the column. murder and torture carried out under their Cuomo, "Bet on Mondale ... but take erate" governments, like that of President regimes. Assad of Syria, who has kept his stability Finally, it is important to note that most points." members of the DOCKET, including my­ Worst political move, foreign: anything Most overrated issue: the Ferraro factor. by having no qualms at crushing internal done by the Phillipines' Ferdinand Marcos Many pundits believed Ferraro's selection revolts in Syrian cities such as Hama self, had no idea that such an editorial was planned. There is no possible way that or Chile's Augusto Pinochet. as Vice-Presidential nominee would bring where over 40,000 people were killed. The Most deserving incumbent to lose: Sena­ in a flood of female voters to the Democrats. fact remains that in the entire Middle East, most of us would be able to condone such an outlook, or allow it to be expressed with our tor Roger Jepson of Iowa. Reputed to be the I'hey were wrong. Israel is the one consistent U.S. ally, and dumbest man in the Senate, Jepson signed Biggest waste of money: Jessie Helms. the only democratic state — however im­ knowledge. I have given serious thought to resigning his real name on an application to join a Now, before we all go home and party our perfect — that the U.S. can fall back on in "health club" which featured "nude en­ (expletive deleted)'s off, it is necessary to times of trouble. from the staff, but to do so would serve no useful purpose. The DOCKET has merely counters.''This carne to jight after police close the ceremony with a couple of special Finally, comments Jike "The Israeli ma­ raided the joint. awards for some special people. chine of arrogance" are not only unproduc­ '(I hope) erred yet again, but hopefully it will mend its ways. Poorest excuse for a winner: Budd Special Ethnic Against-the-tide Voting tive; they are highly offensive. As Justice Award: Jews, the only ethnic group to give Holmes, in The Path of the Law,l once Sincerely, Dwyer, who won re-election as Pa. State Andrew Wohl Treasurer despite being implicated in a Reagan fewer votes in 1984 than 1980. observed: "It ain't so much as wot 'e said as Special We-shall-overcome Award: Jesse the narsty w'y 'e said it." kickback scheme. Most deserving loser: A1 Benedict, Mr. Jackson and Geraldine Ferraro, for paving Jack Herzig Exercising Editoriai Judgement Dwyer's opponent, who was implicated in a the way for future dreamers. Was Editorial To The Editor: First Impressions In the past two issues of the Docket, 'Tlx to Print?" there have appeared a racial slur and an SLOUCHING TOWARDS MIDTERMS editorial stridently attacking a country To the Editor: identified closely with a religious minority. by Ian Scott Montgomery marked, "It is possible for everyone to get The world-famous slogan of the New Neither served much of a purpose beyond York Times is "all the news that's fit to I think I'll take a drive up to the King of A's." It is also possible for everyone to fail, inflammation. Prussia Mall, get in line with all the kid­ too, if one follows that logic. One would print." The concept behind this truism has As a nominal "editor" of this newspaper, been as misinterpreted and maligned as dies, and when I get my turn to sit on San­ think that in a group of individuals of I feel obliged to voice my objection to the ta's lap, I'll ask him for B's on my midterm any other catch-phrase in the English lan­ above-average intelligence, one might find type of gratuitous attacks which have sud­ exams. Asking for straight A's would be a above-average exam grades that do not con­ guage. denly become a Docket staple. I believe that In this context, that is, the Docket, "all bit unrealistic- The last person to ace an form to the traditional standards. the ^itors-in-chief showed poor judgment entire series of law school exams was Mr. What is the reasoning behind this rigid the news that's fit to print" carries with it in allowing the articles to run as written an implicit duty of responsible and selec­ Brilliant. Surowitz v. Hilton Hotels grading policy? I asked one second-year stu­ and to reserve remedies for the letters co­ Corp., 383 U.S. 363,86 S. Ct. 845,15L. Ed. dent who said, "Who Knows?" A third-year tive journalism and editoral policy. We at lumn. I believe the responsiblility of a the Docket seem to have lost persp^tive 2d 807. But B's. . .that's hot unreasonable. replied, "They want to bust your [Christ­ newspaper editor includes the res}x)nsibil- Maybe if I'm real good, Santa will cut a deal mas tree ornaments]." Another idea is that on that duty. A" recent article and editorial ity of considering the probable effect of a in this paper crossed the fine line betwen with my professors. "Montgomery gets B's the administration has some sort of unof­ passage on the segments of the community and I'll make sure your next textbook gets ficial contest going on with Penn. Often responsible selectivity and arbitrary to which it refers. I also believe that this subjectivity. published and made required reading by considered the "second-best law school in discretion must be exercised before the law students everywhere." A real Philadelphia," VLS is trying to prove that There is a time and a place for eveiy- matter reaches print, for the damage done thing: this is expecially true on a news­ bargain^-for-exchange! "it's just as good as an Ivy" by creating may be too extensive for "letters to the Some second-year student is probably tougher courseloads and tougher grading paper — more so when that newspaper editor" to counteract. touches a small, insular community. having a good laugh over these silly notions standards. But do lower grade point aver­ The result of the Docket's laissez-faire of B's that dance through my head like ages really reflect a higher level of educa­ Among the duties of editing a law school approach to editing is that feelings were newspaper should be the duty to be topical, visions of sugar plums. "B's" you say? At tion? hurt, as evidenced by the letters in this and Villanova? You're more likely to find Krug- Villanova's hump-busting reputation is responsible, and selective — perhaps a city- the previous issue. The worst thing about wide newspaper can choose to run what is gerands in your stockings! Everyone gets well known hither and yon. As an under­ it is that none of this controversy has really C's around here. There is no sexual dis­ graduate applying to law schools, I was obviously a personal opinion as an uniden­ been constructive, and none of it need have tified op-ed which will unquestionably of­ crimination at Villanova when it comes to petrified by the horror stories I heard about occurred at all. That's what the blue pen­ handing out C's." "Bah!" "Humbug!" a Villanova from Villanova students them­ fend a segment of its readership in the cils are for. „ interests of "accuracy" — however, we Perry Simon naive first-year replies. "Somebody's got to selves! Seeing one Collins on Contracts cannot. Then too, perhaps a city-wide Layout Editor get them." There are people at Villanova class last Spring convinced me Villanova newspaper can choose to run an editorial The Docket who graduated summa cum laude from col­ was not the place I wanted to spend the which addresses a topic of interest to the lege and others who ranked in the 90th next three years. After being wait-listed or author but which has little or no bearing on Bulletin Board percentile of the LSAT's. The average rejected at my first, second, and third the community life or concerns of the read­ LSAT score for Villanova is 37, and the choices, I was almost tempted to go to ers which the paper serves — again, we Phobia? average GPA, a 3.4. These aren't stupid Temple. cannot afford to do this. Lastly, we should people! So why is the average Villanova I was pleasantly surprised about many recognize that there is a difference between Letter to the Editor: Law School GPA somewhere around 2.5? aspects of Villanova, but the horror stories an editorial decided upon by a consensus of I have two questions. L What does Dean Did we all suddenly become lazy? about the exams and the grading policies an editorial board and an editorial which is Murray have against bulletin boards? 2. The answer seems to lie in Villanova's still echo among the halls. I wonder if the the opinion of an individual. If the latter is What does he have against conserving own rendition of "Silver Bells." Though Administration is aware of the negative to be run as the paper's ostensible "editor: paper? any professor will deny they adhere to a reputation r^arding grades that Villanova ial," it should be made quite clear that it The newsletter is a nice thing to read strict policy of grading on a bell curve, each has among prospective students? With the comprises the opinions of one individual during my 8:40 class, but it seems rather year, the spread of Villanova GPAs is amaz­ current glut of students attending law and only one individual. wasteful to print a two page exam sched­ ingly consistent. There is no longer a set school, I doubt VLS will have any trouble ule, 3 weeks in a row, making 500 copies standard spelling out what constitutes an filling its classrooms in the foreseeable fu­ The Docket is a fine paper, with the each week when posting one copy on the "A" paper, a "C" paper, and so on. In fact, ture. Still, the grading poli^ remains a promise of being even better, what has been bulletin board would be sufficient to inform most professors will readily admit that black mark on an otherwise fine law school printed has been printed — it is now our all students. Rita Radostitz, 3L what constitutes an "A" paper is largely up and may discourage quality people from duty to insure we don't make the same Letters continued on page 10 to their discretion. One professor re­ applying in the future. Paq« 4 * DOCKET • December, 1884

Pauling: "We Know the Pentagon Lies To Us 9 9

(Continued from page 1) President Reagan and his administration Attempting to explain to the audience for exacerbating the arms race. Suggesting the volume of explosive force now availa­ that Reagan "can't distinguish between ble, Dr. Pauling pointed out that 600 meg­ fantasy and reality," Pauling asked, "Did atons of nuclear weapons have been test the Soviets really instigate the nuclear exploded, one hundred times as much as freeze movement in the United States? No, the total megatonnage of explosives deto­ they did not." This comment responded to nated during World War II. Pauling esti­ charges by the Reagan Administration that mated that 60,000 megatons are currently the nuclear freeze movement was merely stockpiled. an effort by the Soviet government to inter­ Dr. Pauling asserted that a substantial nally obstruct U.S. foreign policy. percentage of the 60,000 megatons would Rebutting explanations that the United be detonated in any nuclear exchange be­ States must continue to increase spending tween the superpowers. "This force would on nuclear arms, Pauling said, "They tell all be used in a single day, which is why the us they have to catch up to the Soviets, but human race could be wiped out." statements from the Defense Department Dr. Pauling focused on the size of 20 meg­ say that we are even." aton nuclear warheads to argue that the Pauling also criticized the Reagan construction and deployment of these wea­ Administration's useof economic figures to pons lacked rationality. "20 megatons rationalize current U.S. expenditures on would destroy either Moscow or New York. nuclear arms. "In a speech the President Now many 20 megaton targets exist? Most made January 16 of this year, he told us targets would be smaller, so why are so that the Soviets were spending twice as many of the warheads so large?" much as the U.S. on defense. This is a clev­ He then discussed the alternative to huge erly devised statement. warheads, MRV's, or multiple reentry vehi­ "Defense Secretary Weinberger said The two-time Nobel Prize Winner addressed a capacity audience in Rooms 29 and 30. cles. These allow eighteen to twenty that we must increase our defense spend­ smaller warheads to be carried on a singlfe ing because the Soviets are spending twice Pauling also criticized a National De­ Union American computers to avoid the rocket and then dispersed and separately as much of their gross national product fense Directive announced by President likelihood of a nuclear accident. detonated. (GNP) on defense as we are. But our GNP is Reagan in April, 1982 stating that the U.S. Pauling next spoke about his reactions to Noting that the U.S. had adopted this twice as much as theirs. So really we are then soght to follow a confrontational pol­ U.S. military pressure exerted upon Nica­ technique in 1969 and that the Soviet both spending roughly the same amount on icy to use Soviet weakness to errode the ragua. He described a trip to Nicaragua Union adopted it by 1973, Pauling menti­ defense." internal system of the Soviet Union. This that he made with other Nobel Laureates in oned that the Soviets consistently lagged To make his point in a more humorous directive, according to Pauling, advocated July on a "peace ship" that carried food, four years behind the U.S. "They were way, Pauling described a recent editorial the use of political propaganda and eco­ fertilizer, medicine and other materials. even four years behind us in boycotting the cartoon, where the President was asked by nomic pressure, more U.S. weapons and The voyage started from Panama City and Olympics," said Pauling, drawing laughter a reporter, "If the Soviets are really so troops abroad, and less control by Congress was sponsored by the governments of from the crowd. frightening, Mr. President, why do you on military and intelligence activities. Sweden and Norway. Estimating that the U.S. now has 29,000 keep insulting them?" "This is a perilous course for our country Riding in a car driven by Daniel Ortega, nuclear warheads to the Soviet Union's Turning to the role that religion has to follow," warned Dr. Pauling. "In June, the recently elected President of Nicara­ 21,000, the Nobel Laureate cautioned that played in warfare. Dr. Pauling asserted 1982, President Reagan said in Great Bri- gua, Pauling said he "saw mine fields, oil President Reagan planned to build 17,000 that there has been great human misery tian that the U.S. policy was to use eco­ refineries and tanks that had been blown more in the next four years. suffered over religion. Referring to the re­ nomic and military pressure to leave up, all the result of U.S. aid." He contended Concentrating again on the results of a cent crisis in Lebanon, Pauling said, "We Marxism on the ash heap of history." Paul­ that the Sandinistas' expenditures for nuclear war, Pauling said that 15 specific can't settle it (Lebanon), it has been going ing's concern for the destructive capabi­ arms reflect their fears that the U.S. will consequences of a nuclear war have been on for 3000 years. That's the trouble with lities of the two superpowers contributes to invade Nicaragua as they did Grenada last determined. He explained that if a nuclear these wars; there is so much dogma and his distress over the Reagan Administra­ year. He also said that these fears have war occurred, one billion people would die irrationality. When religion comes in, good tion's confrontational rhetoric and policies. resulted in the growth of the Nicaraguan from the direct effects of the blast. sense goes out." Pauling argued that this policy has not Army to 200,000 soldiers in a nation with a "Another billion would freeze to death if Pauling then charged President Reagan succeeded in garnering a favorable re­ population of three million. there was a "nuclear winter." Another bil­ with perpetrating similar use of dogma in sponse from the Soviets. "The Soviet peo­ "There is more socialism in Norway lion would starve. Another billion would his speech last year that condemned the ple are very afraid of our military strength. than there is in Nicaragua," declare Dr. perish from injuries, disease and epidem­ Soviet Union as "the focus of evil in the Fifty times more Soviet citizens died in Pauling. "It took 200 years for Norway to ics." world." World War II than did Americans. Their rid itself of a feudal system. It is under­ Plaintively, revealing his revulsion to Another Nobel Laureate, Hans Bethe, government is under pressure to violate standable that after only five years, some these possibilities. Dr. Pauling declared quoted recently in Time Magazine, argued human rights to prevent insurgencies in feudal aspects still exist in Nicaragua's eco­ that, "fdon't like the idea ofdestroying the that even being "as optimistic as you can be adjoining countries. This is analogus to the nomic system. Mr. Ortega explained that human race. The more I study molecular within the limits of physics and geometry,'' U.S. intervention in Grenada." rich farmers can still operate some of the biology, the more appreciation I have for the system is unworkable. Pauling hinted that the U.S. Govern­ farms better than the peasants, so for now, the human race and other life forms." Emphasizing that "we must stop this ment pressured Americans to agree that they are left where they are." Pauling tried to explain why more nu­ waste," Pauling offered his opinions on the U.S. only intervened to ensure their Dr. Pauling strongly su^ested that solu­ clear weapons than ever are being built, what problems were left unsolved while a safety. "Immediately after the invasion, tions to the problems he described are pos­ despite these dangers. "I subscribe to the huge amount of government expenditures the president of the U.S. medical school in sible if the superpowers make an effort. New York Times. I recently read in there is allocated towards miltaristic initiatives. Grenada said that the students there had "Bertrand Russell once said that if we that Senators Christopher Dodds of Con­ "Half the world's population suffers from hot been in danger. Three days later, after spent as much time making ourselves necticut and Paul Tsongas of Massachus- starvation. There is a severe over-popula­ consulting with the State Department, he happy as we spend making others misera­ setts said that the consensus is that the tion crisis, the ozone layer of our atmos­ declared from Washington that the danger ble, we'd be very happy. President of the United States lies. phere is being destroyed. Chemicals added had been great." Noting that it took Averill Harriman only "We know that the Joint Chiefs of Staff to our agricultural land is causing environ­ Disagreeing with President Reagan's thriteen days to write the Nuclear Test Ban and the Pentagon lie to us." Recalling the mental destruction. We should give our stated belief that the Soviets are at their Treaty in 1963, Pauling argued that "it is much publiciz^ "missile gap" of the early children and grandchildren the chance to economic limit and will break trying to easy to have a treaty if you want a treaty." 1960's, when the U.S. Government stated lead a better life than we have." match defense expenditures with the U.S., Dr. Pauling speculated that perhaps that the U.S. needed to build more missiles Pauling stressed that if the threat of nu­ Pauling cited the opinion of Paul Warnke, President Reagan and his advisors would to close the "gap" on the Soviets, Pauling clear war was ended, the money spent on one of the key U.S. n^otiators of the SALT agree to a treaty. "Each president before informed theaudience that Robert McNam- the military could be reallocated towards n Tready, that U.S. policy premised upon Reagan made at least three treaties on ara. Secretary of Defense, told President fighting the world problems he mentioned. this belief would fail. arms control. Reagan hasn't made one Kennedy that there was no missile gap; the "If the superpowers collaborated, we could Dr. Pauling vehemently criticized the yet." U.S. had many more missiles than the So­ use the best of each system and attack President's recently proposed Strategic De­ Pauling said that the test of an arms viet Union. these problems together instead of wasting fense Initiative, also referred to as a "Star control treaty would be whether it results Pauling sharply criticized the actions of our wealth as we are doing now." Wars" missile defense system. Under this in a decrease in the military budget. "If it proposal the U.S. would build space tech­ doesn't, it isn't really a treaty at all, it's a nology to create a space-based defensive subterfuge." umbrella that would destroy enemy mis­ Pauling also said that the Soviet Union siles with lasers or particle beams almost has propos^ arms control treaties in the as soon as they were launched. United States during each of the last four­ The Reagan Administration wants to teen years. He reasoned that a treaty now is spend $26 billion on this program in the the only rational course of conduct for the next five yeas. Congress has already autho­ world. "We will be forced to pursue it," rized $2.4 billion for initial research and maintained Dr. Pauling. development. In praising the standard of living enjoyed Pauling scoffed at this plan, saying, "I in the U.S., Pauling explained that the rest think it's an insane idea... a way to keep of the world, including the Soviet Union, is the military-industrial complex happy. I not nearly so well off. "The Soviet citizens don't know of a single scientist not in have not revolted because their standard of government service who believes it will living was so low before the Bolsheviks work. Even if it is 95% effective, 5% of took power in 1917. Their government in­ 10,000 megatons is 500 megatons, more creases their standard of living slightly than 82 times the explosive force detonated each year, and they are satisfied." during World War II. The cost would be Pauling asserted that $75 billion diverted $800 Wllion, and with inflation on t«p of it, from spending for U.S. nuclear weapons probably more than $2 trillion." could help the poor in other countries as well as in the U.S. "It is shocking that Declaring that computer errors have al­ humans with such intelligence have al­ most resulted in accidents in the U.S., and lowed this to continue," he said. noting that the U.S. computers are more In proposing action for concerned citi­ accurate and sophisticated than Soviet zens, Dr. Pauling suggested that citizens Dr. Pauling, center, strikes a pose with Dean Murray, Prof. Murphy, Kathe Mullally, and ones, Pauling said that it had been sug­ would have little success changing the sta- Associate Dean Abraham. gested that the U.S. should send the Soviet (Continued on page 5) December, 1984 • DOCKET • Page 5 HOW TO ACE FIRST YEAR EXAMS by frederick p. rothman uncertainty as to whether there is a duty communication toa point where your grade quotas. No one has to fail or get a D, and no Professor of Law and also as to whether certain conduct con­ is adversely affected without the grader grader is limited in the number of honor Villanova Law School stitutes a breach, consider the uncer­ being conscious that this is having any ef­ Notice that it's one of the guys who grades he or she may give. The Ace is the tainties in that order. fect. Some instructors will attempt to have best that a law professor can expect of a law doesn't teach the first year courses who is Many of the fast starters err by discuss­ the Registrar contact you to break the code, sounding off on technique for taking first student under examination conditions. ing all the points which are suggested by Others take a "tough luck Charlie" atti­ You are not in competition with the in­ year examinations. My comments may facts in the question. This wastes time. tude. Even if you cannot type you can print. lack credibility. In addition, they do not structor. He has spent more time thinking Often the significance of what the instruc­ about the subject than you. In addition, he necessarily reflect the opinions of my col­ tor is really asking doesn't sink in until the If you get to a point in your analysis leagues, particularly those who do teach where you cannot remember a particular wrote the examination and kpows what student's stream of consciousness is near issues and traps it contains. You are not in first year courses. completion. By then, there is insufficient legal principle, don't try to bluff. Indicate Read the question carefully. Focus on the your recollection and then analyze the competition with your classmates either. time to do an adequate job. You should go The grader starts with a fairly accurate question being asked. You are going to have into the examination with an overview of issue using alternate answers to the forgot­ to address yourself to that question at some ten point. Don't omit the issue entirely, concept of what is the best student perfor- the course so that you can direct your atten­ mancce he can rightfully expect — the Ace point — why not at the beginning of your tion only to those points which need to be since recognition of the issue often earns answer? If you were writing an interesting substantial credit. If you run short of time — and what kind of answer would be discussed in analyzing the question. The professionally competent — the gentle per­ murder mystery (a la Professor Dobbyn), best answers tend to be comparatively — and this happens all too often, more by you would want to save the best for last; those who start to write before they have son's hook. You are also not in competition short, to the point, well organized and ana­ with the prior year's class. If your examina­ but in a law school examination it is easier lytical. They reflect more than the stu­ thoroughly analyzed the problem — copy for the grader to follow your analysis if he your outline into your bluebook with a tion is harder — and to the examinee, his dent's understanding of the Substantive exam is always harder — then less can be knows your conclusion first. You would be law and ability to appreciate the signifi­ short note to the grader: "Have only 5 min­ surprised how many students write for utes left for this question." Do not give the expected. If this year's examination is un­ cance of facts; they also reflect the ability to fair, then it is equally unfair to everyone in hours without ever finding, much less ans­ excercise common sense. If the answer question all the time you think it needs. wering, the question. Getting an Ace on that question and failing the class. The instructor should recognize states a point of law which is in conflict this by the time he finishes grading, and he Now that you know what you are going with common sense, the writer notes the the rest of the examination will not put you near the top of the class. can take it into account before he submits to have to do (answer the question), you conflict and presents arguments as to why his final grades. should suppress the impulse to begin to the law ought to be changed. If the writer Naturally, there is an exception. If the write. Before you read the first paragraph finds the law unsettled in that there are examiner has suggested that you spend 90 Most of the law school community appre­ of the question, the person on your left will two or more positions taken by reputable minutes on a question and you have ans­ ciates that grades are not what they are be writing. And before you find the issue, it authorities, he states each of the diverse wered it with ease in ten minutes, stop, cracked up to be. Few instructors will will seem that most of the class is on its positions and then explains why he favors reread the question, and see if there is not maintain that they can predict a student's second bluebook. Stifle your pen for one- one of them. another point which the examiner may potential to be a competent or outstanding quarter of the time suggested for answer­ Do not restate the facts; this just wastes want you to discuss. This process is espe­ lawyer based on a three-hour examination. ing the question. Often there is no single valuable time. The grader can read the cially important where you don't have to Students have abilities and ^jerceptions correct answer; and if there is one, it counts question. Bring into your analysis of the hit the other issues because of the reasona­ which are not reflected in the way they for nothing without analysis. Decide first issues those facts which bear on those ble conclusion you come to with respect to take an examination. Examination condi­ what you want to say. This requires that issues. State the issues in lawyerlike fa­ the threshold question. Arguendo, decide tions are different from the environment in you determine which facts go with what shion. Pretend that the grader is not the it the other way. which law is practiced. Many students re­ issues and which facts are irrelevant. learned professor who taught the course. Generally, the issues are not clear-cut. ceive their worst grades in courses in That's right, professors are tricky — not all Instead, pretend that the grader is a non- Each party can usually raise some non- which they put the most time and in which the facts are relevant. The lawyer in prac­ legally trained adult. Explain the concepts frivolous argment, even where it is not they learn the most. The examination sys­ tice comes across the irrelevant facts; so that are relevant. Define terms of art Don't likely to succeed. Make it a point to look at tem has its faults. Until the faculty finds a must the examinee. leave out any steps in your analysis. Don't all sides of each issue. more accurate system, anonymous written Worse than the irrelevant fact is the discuss isselevant exceptions or qualifica­ examinations which are administered When you finish your answer, take a cou­ under time pressures will be with us. missing fact. If you discover that you must tions to a rule unless you are arguing by ple of minutes to reread it. That missing have additional information, explain why analogy. "not" can be critical. The grader does not These concepts of examination taking you need it. Don't assume the fact that Law professors are notoriously difficult know that you meant to put it in. You may are hard to implement. Organization, anal­ makes resolution of the question easy. Give to impress. If you know every case by name also find an inconsistency in your answer. ysis, ability to compose an English sent­ alternate assumptions and the analysis' and can recall the last detail of every hypo­ If on rereading the question and your ence, as well as the ability to stifle one's pen that follows from each. Under no circum­ thetical, keep it a secret. answer, you see an error, do not rip the — they all sound reasonable, if not easy. stances should you assume facts which are Poor spelling or grampier is not ,merely pages from your bluebook. Put a note at the But when the clock is running and the not necessary in order to answer the ques­ distracting; sometimes it precludes b^inning of your answer which sets forth words are not flowing and you are having tion. communication. And, if your handwriting your sad discovery. Label your original difficulty in getting a handle on the issues, The issues often have a logical order. cannot be read or your abbreviations can­ answer "minority opinion," and at the end knowing the "how-to" may not be suffi­ Would it not aid communication if you not be interpreted, there may be nothing on state the new majority opinion, incorporat­ cient. The remedy to this problem is also could ascertain and then follow that order? which to base a grade. Even if your hand­ ing the prior analysis where you can. easy to state; in your study groups and in For example, there has to be a duty before writing can be read, but only with great Now for a word on the grading process. your outlines, practice verbalization of the there can be a breach of a duty. If there is difficulty, this may impede the process of As far as I know, there are no curves or (Continued on page 7)

Pauling Sounds a Call for Peace

(Con ted from page 4) represented. You don't know the whole tus quo by working through the channels of story." government. Dr. Pauling was asked whether Presi­ The famed peace advocate cited the ad­ dent Reagan's overwhelming reelection six vice of an old friend who taught physical days earlier didn't affirm that the Ameri­ chemistry at Harvard University who died can people believe he is following the right a few years ago. "He fought against the course regarding arms policy. Without di­ Bolsheviks for the White Army, until the - rectly answering the question, Pauling rep­ U.S. was forced to leave. Then he came to lied that "we can only hope that someone in the U.S. and later worked at Los Alamos, the government can convince Reagan to New Mexico on the atom bomb during change to a more sensible course. Let's try World War II. to put pressure on him to change his poli­ "In his last article, published five days cies." before his death, he described the Atomic Energy Commission as single minded, arro­ Responding to a final question, Dr. Paul­ gant and unchecked. He said its only pur­ ing argued that while conventional war in pose was to proliferate more and more other countries may be good business for nuclear warheads. the U.S., "we have other options. We'd still "My friend's last words were that we be far better off if we stoppied all this milita­ should forget about 'working through the rism. We don't need the $25 billion to be channels.' Instead, we must work our­ Dr. Pauling discusses nuclear disarmament with an interested audience member at the earned from exporting weapons in our selves on organizing groups for Vorld peace post-address reception. economy. as has never been seen before." One student asked why the Reagan U.S., has obeyed previous arms control treaties it has made with the U.S. This "We aren't the only nation selling these Pauling said that at a recent dinner he Administration has not encouraged more weapons. Western Europe and the Soviet attended vdth fourteen other Nobel Lau­ business and non-Communist trade with statement directly contradicts an assertion President Reagan made earlier this year, Union are doing it also. This just stirs up reates, all of them agreed that the "number the Soviet Union, noting that President conflicts in the nations that we sell the one priority for a new President is to stop Reagan even discouraged Western Euro­ contending that the Soviets have violated the terms of every arms control agreement weapons to." Pauling then referred to El spending billions of dollars on this nuclear pean assistance in the construction of the Salvador, Nicaragua, Pakistan, and India insanity." Siberian Pipeline within the Soviet Union. they've entered into with the United States. as examples. He also criticized the con­ Dr. Pauling heartily congratulated those Pauling confirmed that this was the pol­ tinued economic support by the U.S. of the groups promoting "moral and ethical ends icy of the Reagan Administration, and Pinochet dictatorship in Chile, which se­ for the good of the world." His final advice added that any money diverted from de­ Another listener theorized that inertia in the public attitude towards the arms jwlicy ized power in 1973 after several decades of to the audience was that concerned citizens fense and spent instead on trade could help democratic rule. should, "do what you can, talk about the the whole world. Dr. Pauling said that he of the U.S. Government's arms policy is the result of ignorance. She asked Dr. Pauling "We should try to squelch these prob­ problem with others, write letters to news­ believed that only a Republican president lems," said Pauling. "If we could simply papers, assist groups working for peace. such as richard Nixon (1969-1974) could whether the public schools could play a role in helping to dispel this ignorance. cooperate with the Soviet Union, we'd have Everyone must contribute. Be aware and reestablish ties with Communist states, as a much happier, much safer world." Dr. do something." Nixon did with China in 1972. "If a Demo­ Dr. Pauling explained that changing this Pauling received a standing ovation from Dr. Pauling's one hour presentation was crat had attempted that step," explained attitude would be difficult. "A three min­ the crowd, which was the largest crowd to frequently greeted with applause from the Pauling, "he'd have been characterized as ute television spot to be broadcast in West attend an event at the law school in recent enthusiastic crowd. After he had finished, 'soft' on Communism." Germany was vetoed from above. Time years. He later met with many of his listen­ he answered some questions from the au­ Dr. Pauling also said that Paul Warnke Magazine wrote a few lines about the peace ers at a reception held in the student dience. agreed that the Soviet Union, as well as the ship voyage that I was on, but it was mis­ lounge. Page 6 • DOCKET • December, 1984 COMMUNICATIONS WITH LOU SIRICO

pleased when the opportunity arose for him Jill Aline Cheilik to t€ach this specific area at ^S. He is very Professor Louis J. Siricojr., is not partic­ interested in communications. His involve­ ularly thrilled about being interviewed. To ment with the F.C.C. (prior to his teaching the casual observer, he seems almost diffi­ career,) included work with both the cable dently shy. Once he begins to speak, how­ and common carrier telephone areas. ever, he warms to his subject so In December, (after exams?) 'Sirico will enthusiastically that it appears he might be marrying Patricia Brennan, a VLS grad­ continue talking even if you left the room. uate and ex-Docket staffer who is currently Sirico, 39, was born and raised in New practicing law in West Chester. Haven, Connecticut, he attended his home­ town university, Yale, for undergraduate Sirico's outside interests include long­ studies, and got his law degree from the distance bicycling. Obviously a hardy soul, University of Texas. While still in law he wakes at the crack of dawn to bike ap­ school, he began working in the summer proximately 10 miles in Valley Forge, with Ralph Nader. His task was to conduct (weather permitting, of course.) For the investigations of property tax underpay­ past few summers he has gone on bike trips ments (which is a definite no-no,) by large in the mountains of Vermont. He has also companies in East Texas. helped out a variety of public interest groups, by providing advice and consulta­ After law school graduation, Sirico tions. His interests are currently focused worked with the Connecticut Citizen's Ac­ on working with the Sacred Heart Church tion Group, a state-level Nader-connected in Camden, New Jersey, and until recently consumer environmental organization, he worked with a Social service agency that (noun string) where he focused )iis atten­ provided aid to women in crisis. tion primarily on consumer issues. He Professor Sirico also devotes his time to Professor Lou Sirico relaxes in his office. served on the Group's Board of Directors various scholarly works in different areas. had another teacher that simply lectured those particular areas are. Class prepara­ for several years. Sirico then went to Wa­ He has recently completed an article that for the whole hour. I reflected on those tion takes an enormous amount of time. shington, D.C. and worked there with deals with the religion clauses in the First teaching methods, good parts and bad Not only must I pick the material to be cov­ Ralph Nader for IVi years. He was involved Amendment (on the theoretical level.) He is parts, and talked to a lot of teachers along with issues concerning the FCC, nuclear ered, I have to decide how to organize it so currently at work on a brief article that the way. I also had to think about what that I can most effectively communicate power plants, and banking. His work was discusses the frequency with which the Su­ worked best with my particular personal that information and my insights to the primarily at the administrative and legisla­ preme Court cites certain articles in legal style. I am still developing a style of teach­ class, and do it in a way that will spark in­ tive levels. periodicals. He is also developing a proposal ing that will be . . . most in harmony with terest and discussion, among the student? for a book that would consist of a chrono­ who I am. Before he came to VLS, Sirico taught at logical and topical compilation of all Su­ DOCKET: You seem to be involved with a Rutgers University Law School, at the preme Court cases on the religion clauses DOCKET: How do you think the students lot of public interest work. Do you still Camden campus. At VLS, he currently since 1940. Sirico spoke with the Docket on react to that? Do you think they learn more work in that area outside of the law school? teaches courses in Property, Public Advo­ two separate occasions, and answered from the panel of "experts," with everyone cacy, and Communications. The Property questions candidly and sincerely, relaxing else participating in a general way? How do Sirico: Yes, I think it's important that I course is one which he believes "delves as he discussed his courses with his feet on they react to your classes? .. . it's important to me that I be involved most deeply into the workings of society." his desk . . . Sirico: Well the evaluations are generally with public interest work all the time, and I Public Advocacy he invented along the pretty good. I think that method works for think it brings something to my teaching way, because he wanted to teach students me; for another teacher a different method and my perspective on the law. some of the things he learned after law might be better because they have a differ­ school. He calls the course "a lawyering DOCKET: What made you choose Villan- ent personality. Teaching is a very individ­ DOCKET: Why is it important to you? skills course, geared primarily toward ova to teach at? ual thing. Sirico: I don't know how to answer that. working in the community." As for Com­ Sirico: I thought I'd be happy here. I munications, he had previously taught a taught at another law school before I came DOCKET: What do you think is the DOCKET: It's reported that you eat a lot general course on the subject, and was here, and I decided that for the long haul, strongest point about your style of teach­ of natural foods for lunch in the cafeteria. this would be the place where I'd really ing? Have you always followed that sort of regu­ want to be. I thought the teaching quality lated diet? was very good; I liked the rapport between Sirico: I think the strongest point is that student and faculty, and I lik^ the style of Sirico: Well, I eat a large amount of junk on a given day, there are students who are food, and when I'm not eating junk food I the school. People really cared . . . about very much on top of the material, who will teaching and intellectual matters. There eat healthy food. I've been interested in help the class move around (he pauses and nutrition for at least the last dozen years. was a norm; that people here were expected - grins,) ... I mean move along. Because to treat each other decently. People were these students are prepared when they are For almost two years now I've been a vege­ allowed to be involved in disputes, but ulti­ tarian; I don't eat meat or chicken or fish, called upon, they will perform at their best, but I do consume diary products. I try to eat mately they treated each other politely and which will make them feel good. In addi­ decently. tion, students who are not experts that day healthy, but I also like Cheetos and Doritos. can participate freely if they wish, so they DOCKET: What do you think of the ca­ also have an opportunity to contribute to feteria food here? (There is no response but DOCKET: How did you decide on a teach­ the class ... ing method? In your Property course, you a slight grimace, which the DOCKET in­ use three student "experts" as opposed to terprets as "No comment," with no nega­ DOCKET: Try not to choose what you say tive reflection intended towards the calling on individual students to recite. . . so carefully. Sirico: I think teaching methods evolve. I illustrious and hard-working cafeteria think all people that teach first thought Sirico: What I want is to teach students staff.) about teaching when they were students in the essentials that have to be covered, DOCKET: What did you think of Dr. Paul­ law school. I saw a lot of teachers with a lot along with other areas where I think stu­ ing's speech? (Dr. Linus Pauling, a Nobel of different styles. My first year Property , dents have to have some familiarity. I have Prize recipeint, spoke at VLS on 11/12/84 teacher used to make us stand up to recite. I to make my own decisions about what Professor Lou Sirico. (Continued on page 7)

Tenure: How It's Done And How You Can Help

by Jill Aline Cheilik The tenure criteria to be considered in­ the law school. ceived by the committee will be carefully In 1975, the VLS faculty adopted a proce­ cludes the following: 1) Teaching Effec­ read and considered as part of the Teach­ dure by which to consider qualified faculty tiveness — includes preparation, While the preceding is by no means a ing Effectiveness criterion. To this end, members for tenure. Professor Arnold knowledge of subject matter, quality of lec­ complete list of the factors considered in it is important for the student to try to Cohen described the criteria the procedure ture and discussion, availability and assist­ the tenure granting process. Professor address as closely as possible the factors considers and how the tenure policy ance to students outside the classroom and Cohen concedes that Teaching Effective­ mentioned above in the Tcaching Effective­ works. . . ability to stimulate students to learn. 2) ness is one of the most important cate­ ness category. Students may, of course, Contribution to the Law School — in­ gories, as it is the only one where the write anything they wish to say about the- A faculty member may be considered for cludes service beyond teaching classes, students really have an opportunity to candidate in the letter, as regards the te­ tenure at the end of his/her third year if such as work on committees, participation have their opinions and experiences ac­ nure process. Students may also address desired. If this option is not desir^, the in and cooperation with faculty meetings counted for. The Committee pays close at­ any of the other four criteria that they feel tenure recommendation is made after the and members, respectively, and counseling tention to the Student Evaluation forms, they have knowledge of as concerns the faculty member's fourth year. The recom­ students and advising student organiza­ and any comments that may have been faculty candidate. The more detailed and mendation procedure is as follows: the Te­ tions. 3) Scholarship — includes writing written by the student on the form. In addi­ supported the letter, the more weight it will nure Screening Committee, (consisting of books and articles, participation in re- tion, the Committee welcomes and encour­ probably carry with the Committee and the this year of Professors Cohen, O'Brien, and siearch projects, and preparation of briefs, ages students to express their opinions of tenured faculty when they are making Valente) gathers information applicable to reports, memos, etc. in connection with the faculty member's teaching effective­ their recommendation. So exercise your the candidacy of the faculty member and clinical or consultive work. 4) Contribu­ ness or any information on the other four Constitutional rights and" write, write! presents it in a written report to the te­ tions to the University, the Com­ cat^ories, in a letter to the Committee. There will be no lawsuits for libel, but like­ nured faculty. The faculty then makes a munity and the Profession — includes There are, of course, the problems of 'popu­ wise there will be no Brownie buttons for recommendation of whether to grant or service on the University Senate and Uni­ larity contests" or biased evaluations in nice letters. It is simply a duty of the re­ deny tenure to the Dean of the Law School. versity committees, participation in the classes with difficult subject matter. Pro­ sponsible student to make his/her views The Dean makes his recommendation to work of community organizations, and fessor Cohen still feels, however, that the heard if there is something of value at the President of the University, who de­ participation in bar associations and other students' input is perhaps the most impor­ stake. So write a letter to the Committee if cides whether to grant tenure, based on the professional organizations. 5) The aca­ tant reflection of a candidate's effective­ you know or have been taught by Professor Dean's and tenui^ faculty's recommenda­ demic needs of the law school — in­ ness in teaching and communicating ideas. Sirico . . . and give yourself a pat on the tions and his/her own judgmait. cludes primarily the teaching of courses in He points out that every student letter re­ back for a good deed done... December, 1984 • DOCKET • Page 7 Sirico On Tropical and Ethics

(Continued from page 6) similar sort of a role. When I came here, the most important lesson for students has to DOCKET: Do you think those really help? on the nuclear power issue.) people involved with the Caucus that had do with learning how to develop strategies. Sirico: I think they're awkward methods Sirico: I thought it was great to see some­ heard of me, asked me to be their advisor. Students have to learn that in different of dealing with the situation. one of his stature and age with so much DOCKET: What do you do in your capac­ settings with different people, they're DOCKET: Do you see any chance of the vitality. I'd also be interested in hearing ity as advisor? going to have to use different strategies, "tradition" changing? more about Vitamin C, (which Dr. Pauling Sirico: My function is basically to give ad­ and I try to give them a sense of what Sirico: I think grades are slowly creeping mentioned). I've been taking massive doses vice, not to run the organization or to heav­ strategies work, or may work, in various .,UP- of Vitamin C tor years. ily pressure people to make certain kinds of settings with various people. DOCKET: Does it help? decisions on certain kinds of projects, but DOCKET: Some of the first-year profes­ DOCKET: What do you concentrate on in Sirico: If I'm at the beginning of a cold I to give advice based on* my knowledge of sors have been telling the students that your Public Advocacy course? sometimes can stop the cold in it's tracks how the school works and my past expe­ most of them will probably get "C's" on Sirico: It's a lawyering skills course that by taking a lot of Vitamin C. Once I've got rience with similar efforts. their exams, since that is the norm at VLS. focuses primarily on what lawyers do in the legislative and administrative arenas. the cold it doesn't seem to do much good. DOCKET: What sort of advice does this Since there is no real standard to grade the The course is taught from a public interest DOCKET: What are your outside inter­ tend to be? Is it in terms of the activities or students against, what do you think these ests not related to the law. grades reflect? That the students are all perspective. I try to incorporate into it a lot Sirico: I've been doing T'ai Chi for a little Sirico: Yeah. Like what activities might "average," which is what a "C" usually of things I learned when I got out of law over three years now. It grows out of the work, what strategies might work with dif­ stands for? school that nobody had taught me when I Chinese martial arts. It's called the "soft" ferent kinds of projects to make them suc­ Sirico: It reflects tradition. I don't know was in law school. martial art. . . very non-violent. The basic cessful ... that it's the best way to grade, but it's the DOCKET: Do you think it's important for T'ai Chi moves are more like a ballet than a DOCKET: Are the students encouraged to way Villanova has graded in the past. I the law school to have a course in Profes­ Kung-fu move. go in one direction, morally speaking? don't think there's any strong justification sional ethics? In other words, if a student DOCKET: What is it like? Sirico: In ethics, you have to assume that for continuing to use our grade averages comes into this chool, should it be assumed Sirico: Well, it's really hard to describe. people want to do the right thing. When you when, as I see, other schools are using a that he/she already has whatever personal DOCKET: Well then, as opposed to chop­ discuss problems in class, the presumption different pattern. integrity they may have, and that it is sort ping people on the nose with your hand, has to be that they're trying to come up DOCKET: But even with "tradition," of an exercise in futility to try to teach them what do you do? Is it meant to be defensive, with solutions that are not only legal, but don't the "C" grades indicate to other peo­ the "rights" and "wrongs" of the profes­ or as a Yoga type of exercise? moral as well. ple that the student has, let's say, an "aver­ sion? Sirico: It's very slow. It has a lot of philoso­ DOCKET: What made you decide to teach age" but not great, understanding of the Sirico: At this stage, it's too late to engage phical, meditative dimensions to it. I'm rather than practice? subject he/she got a "C" in? What about in the moral formation of the student, peo­ primarily interested in the exercise and the Sirico: I don't know. I suppose there's a how these grades look to an employer? ple are who they are and have the ethics meditation aspects. People that are inter­ niche for everybody, professionally, that is. Sirico: Some employers know the Villan­ they are probably going to have . . . What ested in a "fighting" martial art are gener­ A job where you can do what is satisfying to ova grading pattern. For them, the "C's" you can do is make people more sensitive ally discourged from getting involved. T'ai you and socially responsible. For me it was won't injure our students. There are some about ethical dilemnas, so that they know Chi has roots in Daoism and the I Ching. teaching. I decided somewhere in law employers, though, that aren't familiar when to agonize over decisions. I think the DOCKET: I notice you have a tropical fish school that I wanted to teach, and that I with the VLS grading pattern, and in those danger is people acting not immorally but tank here in your office . . . thought I had the gift for it, and that it settings, I think it is detrimental to the acting amorally, and not recognizing the Sirico: Yeah, I've had a fish tank for years. would be an important way to spend my student. ethical dilemnas they'll make on a day-to- The tank goes in cycles; there are times life. In addition, I thought that I would be DOCKET: So for someone who, for in­ day basis. If they're aware of the ethical when all the fish are alive and I have to do able to pursue other things, other projects stance, wanted to work for a large New concerns they'll make more informed deci­ little more than feed them. There are also that were important .to me and others. York firm that is totally unfamiliar with sions. There is a certain amount of sub­ stretches when they j ust seem to die off like DOCKET: What do you find is the most Villanova's policy, what is the solution? stantive law in the course. It tells people flies, and there's not much I can apparently satisfying about teaching? Should they ask profcessors not only for what they can and cannot do. But sensitiz­ do to stop it. Sirico: The most satisyfing aspect of recommendations but also citations of the ing them to the ethical dilemnas is more DOCKET: You prefer tropical fish? teaching is working with students individ­ grading policy? important.' Sirico: Originally, when I started with the ually. Sirico: There's two ways to do it. When I DOCKET: O.K. Why don't we sum up fish tank, I was gonna have goldfish, and DOCKET: So you encourage students to write recommendations, I always include a with a nice philosophical question. Do you my friends convinced me that I should get come in and talk to you about their prob­ paragraph that explains VLS' grading sys­ have a general philosophy of life that you go the tropical fish. But they never told me I lems in class ... tem. In addition, students are permitted to by? would have such little delicate creatures Sirico: I try to make myself accessible to attach to their resumes some statistics Sirico: Yes. . . That we should have a good like these. They die a lot. students. ^ with regard to our grading and ranking time, we should take .care of ourselves, and DOCKET: How did you become involved DOCKET: What do you think is the most patterns. Something like that. we should take care of each other ... as the faculty advisor of the Women's Law interesting part of Public Advocacy? of Caucus here? Property? more rothman on exams Sirico: When I taught at Rutgers I had a Sirico: In Public Advocacy, I think the (Continued from page 5) thing before the examination. I got hooked legal concepts. If you try to explain proxi­ — no pun intended — on steak. Some be­ mate cause or promissory estoppel for the lieve that chicken soup is best! first time, the process is difficult and time If you are physically not up to taking the consuming. The second time is much easier examination, let the administration know and faster. Don't wait for the examination before the examination starts. Exercise to make your initial attempt to state the good judgment. Don't wait for the grades to concepts. come out. Your excuse will sound like an Now for "The Gold" alibi. The last bit of advice is perhaps the most It is unlikely that you will Ace all of your important and the least likely to be heeded: examinations. Those that you will Ace will, turn your brain off by seven o'clock on the of course, be due to the fact that you applied night before the examination. Cramming my advice to the letter. And on those you do puts your brain under unusual strain. Give not, obviously — ("obviously" is a word that computer time to sort things out. It used by students when a concept is all but will work better for you the next day and it obvious, as is indicated by the fact that will permit you to get a decent night's sleep. they can't think of a reason) — you have You will need it. (If you want an example of failed in the application. But in all of your how this computer-like phenomenon can be endeavors, I wish you good luck. observed, ask an upperclass person how P.S.: When one of my colleagues tells often an issue hits him or her an hour or so you that he disagrees with my suggestions, after the examination ends.) remember his view — at least on his ex­ You will also need some food. Eat some­ amination!

Law Review editor Tom Spencer chats with his hero. Professor Turkington.

For All Softs of Changes In Law Review GOOD THINGS, To Go, Rosemont (Continued from page 'l) piZZA A committee headed by Professor Joseph interest in it, according to Profesor Della­ TAKE-OUT FOODS Dellapenna has been organized to come up penna. Finally, the new publication should • 852 CONESTOGA Roid with a few solid proposals regarding a se­ meet a need in the profession for a scholarly cond publication. Professor Dellapenna publication in its specific area. Professor WINTER HOURS: mentioned several factors that must be Dellapenna feels that if another law jour­ OPEN 10 AM - 12 PM Monday thru Thursday considered before any final decision can be nal will help some students, and if it is not 10 AM - 1 AM Friday & Saturday too expensive, then why not? The final deci­ 3 PM - 12 PM Sunday made, among them the cost of a second sion, however, will be made by the entire publication, and added floor space it would faculty. require, and interest for such a publication While the idea of a second publication is among the Law School community. The being debated, the staff of the current Law Yes, We / topic itself will depend on certain criteria. Review continues to work feverishly to get There must be enough activity in the the derailed production schedule back on Deliver profession to justify specialized treatment the right track. They have significantly of the subject as well as an identifiable pool closed the gap already. By the time the Phone: 525-8560 of outside contributors. A second publica­ deadline for the second or third issue of tion should also have a long-term appeal to volume 30 rolls around, the Law Review students to maintain their post-publication may very well be back on schedule. , Pag« 8 • POCKET • December, 1984 WOMEN'S CAUCUS CAREER Artificial Insemination DINNER DISHES OUT ADVICE And the Law by Dan Weisman wrote memos. Naturally, she sometimes by Mike Stermock inseminate themselves without going The annual Women's Law Caucus Ca­ felt like a "fungible good" which could "get Attorney Rosalie Davis spoke before the through a sperm bank. Davis suggests reer Dinner, held November 15, featured lost in the shuffle." On the bright side, a big Women's Law Caucus on November 8. such women seek legal advice. If anonym­ much good, practical advice for future laW: firm means a large variety of people for Davis, who practices what she describes as ity is not assured, problems can result if the yers as well as good food. Coventry Market, friendship and help. Also, a big firm allows "women's law," detailed the problems en­ donor attempts to get the rights of an a kosher deli in Cheltenham, supplied the some work options. For example, Brogan countered by women contemplating artifi­ unwed father. massive quanities of good food. Five VLS did not like toxic waste work and was able cial insemination. As a solution, Davis urges women who do alumnae generously gave out advice and to avoid it. According to Davis, greater interest in not wish to go through a sperm bank to set artificial insemination is currently being up a three-party contract. The donor under explained the practical consequences of Brogan enjoys teaching because there is shown by two groups of single women. The such an arrangement gives his sperm to a various career options to the 65 attendees. more individuality than in corporate work. The evening began with what was des­ first is comprised of professionals who go-between. This person then provides it to She can research what interests her and have put off childbirth while in school. The the woman for self-insemination. Anonym­ cribed as a "Happy (half) Hour" of wine, can put more«of her personality into her raw veggies, and conversation. Dinner fol­ second is lesbians who have been pressured ity of the parties is assured. work. Teaching is like a trial every day, as by societal aspersions to forego having Davis also pointed out what she per­ lowed with even the biggest eaters unable every day is different and exciting. All in to finish the heaping buffet platters. The children. Both groups are turning to artifi­ ceives as faults in the current statutory all, she considers teaching to be a good op­ laws on artificial insemination. The major­ platters consisted of a variety of the usual tion to look into. cial insemination as an alternative to adop­ kosher deli food, with the meat lean and tion, primarily because of the shortage of ity of state statutes require a woman to be well-prepared. In addition, the platters Sara Spielman Augenbraum discussed available white babies. married, have the consent of her husband, were designed to look nice, at least before yet another possible legal career based on Two avenues are available for such and receive the certification of a doctor if the hungry hordes attacked them. The her experience as corporate counsel for women. Artificial insemination may be per­ she wishes to be artificially' inseminated. taste of the food indicated that those who ARCO. There are four necessary skills for formed by a physician or by a woman her­ Such statutes, Davis argues, discriminate were liberally partaking of it had the right corporate work: communications, diplo­ self, utilizing sperm from a sperm bank. against women on the basis of marital sta­ idea. macy, flexibility, and the ability to think on The advantages of a sperm bank were em­ tus, gender, and economic ability. Mary Cushing Doherty, of Abrahams & one's feet. In addition, most corporations do phasized by Davis. The donor remains ano­ Pennsylvania currently has no statute. Lowenstein, spoke first in the presentation not have training programs so experience nymous, while the woman can avoid what Davis closed her presentation by urging the part of the evening. She claims not to have is preferred. A lot of corporate work is prev­ Davis terms "the prejudices of white male audience to support one that is non­ been a "super law student" and began her entive — giving answers on the phone. Cor­ society" embodied in the family doctor. discriminatory. career with no contacts. She got her pres­ porate law allows short hours (usually However, there are women who wish to ent job by being persistent. After graduat­ 8:30-5, no weekends), good business oppor­ ing from VLS, she kept on calling A&L to tunities, and plenty of responsibility. On offer her services for part time work. From the minus side is a lot of travel which STUDENT HARDSHIP that experience, she managed to get a full quickly loses its glamour. Also, there are no time job handling domestic relations, associates doing the legwork. In terms of which she had never studied in school. She salary, corporate counsel start higher than POLICY DRAFTED truly enjoys domestic relations even a firm associate but plateau much faster so though the work is mentally draining. Her they end up making less in the long run. by Mary Porter Those who leave for an entire year return normal day runs from 8-6 with occasional Carol Meehan, of the Philadelphia Dis­ At the Student-Faculty Committee meet- to school at the same rank; the others lose night and weekend work. She finds it both trict Attorney's office, spoke last. Her nor­ representatives, Jackie Shulman and Peggy their class ranks and remain unranked. possible and necessary to separate law mal day is 8:30-6:30 and she claims, "You McCausland, proposed a codification of the At a meeting with the Network and the from home, so she works very hard during couldn't find a better job if you want to be VLS policy concerning law students who Caucus in early October, Dean John E. the day and then closes the office door be­ the Perry Mason type of lawyer." Her job cannot complete their degree requirements Murray observed that the existing class hind her. One problem with domestic rela­ involves a lot of trial work, which she loves. in three years due to pregnancy or other rank distinctions served no purpose. He tions is that she does not see too many long She has had 10 jury trials in the last year hardship. After a lengthy discussion of the also agreed that the Student Handbook term clients because the clients tend to and several hundred non-jury trials. Natu­ issue, and on the recommendation of Pro­ should contain some statement of VLS's leave after bitter divorces. Finally, she ad­ rally, this makes the D.A.'s office very at­ fessor John Dobbyn, Committee Chairman, policy towards student hardships such as vised people who want to get ahead to get tractive for those who like trial work. Jim Ackerman, appointed a subcommittee pregnancy. involved in activities to build up contacts. Another advantage Meehan sees is that she of four students and a faculty member to Dean Murray asked the two groups to Her maior activity is the Bar Association, is on salary, so she doesn't have to worry draft a proposed hardship policy. submit their request for codification of the although the Bar Association is not for about^billable hours. However, that salary Referred to as the "pregnancy policy," policy to the Student-Faculty Committee everyone, everyone can find something. will level off after eight or nine years. Also, the proposal will also cover other student where issues of academic fairness could be Juanita Holden, on the other hand, is a the parade of the same horror stories over hardships nedessitating part-time academ­ discussed and resolved before drafting a sole practitioner in Philadelphia. You can and over often produces burnout. Still, ic work such as illness of the student, or of policy. This Committee is composed of two find her ads in the Phila. Daily News. She Meehan finds the job to be fun and notices the student's immediate family, approved student representatives elected at large started out with a small firm and inherited that most people stay if they can afford to sutdy at other institutions, compelling from the student body and a representative a lot of its clients when it went under. Her do so. family obligations and other types of hard­ from each student organization recognized start-up expenses were not heavy, only In re-examining all the presentations ships. If the subcommittee's proposal is ap­ by the SBA, and four faculty members. about $1,000 for rent arid advertising. As a and the subsequent question-and-answer proved by the Student'Faculty Committee, Traditionally the Committee has met as sole practitioner, Holden finds a major period, one finds some interesting threads it will then be submitted to the faculty for needed to resolve issues concerning VLS problem is that there is no one around to running throughout. Doherty is the only approval and ultimately be incorporated which require imput from students and fa­ ask for help when she doesn't know some­ one of the.five still to be at the same job she into the law school's Student Handbook. culty. thing. Naturally, this was more of a prob­ had when she left school. Also, all of the The request for codification of VLS's pol­ In adition to the hardship policy issue. lem when she started. With the help of- panelists consider family and home to be icy originated with the consensus among Dean Murray also referred other issues judicial continuances and a Dunlap- important aspects of their lives. They are members of the Women's Law Caucusand raised by the Network and the Caucus at Hanna form book, she quickly found her not single-minded lawyers even though all Women's Network that the existing ad the October meeting to the Student- groove. Another problem is collecting fees enjoy their jobs. In a related subject, all hoc policy was inadequate. The ad hoc Faculty Committee. Included were com­ — getting money up front often seems to be found it impossible to work full time and policy failed to provide prospective parents plaints about the classroom demeanor of the only feasible method. Still, she will simultaneously maintain a spotless home, with notice of how, or even if, their needs professors and students which is degrading make allowances for poor clients and often so compromises in the latter were neces­ would be accommodated and permitted un­ to women, and an informal policy of not only charges $25 down and $25 a week. A sary. There seemed to be an implicit height equal treatment of similarily situated stu­ interrupting classes to deliver messages to major advantage is that she's her own boss, discrimination, ie. those who were shorter dents , who had requested a leave of absence students even when there had been an so she is not enslaved to sofneone else's idea experienced more sex discrimination than or a reduction in course load. emergency call concerning the child of a of billable hours. Nevertheless, she has to those who were taller. This is possibly the Membership in the Law Review, the student. Dean Murray notified the groups work if she wants to eat, so she puts in result of an overly small sample but it is an Moot Court Board and the Order of the and the Committee that the informal policy around 90 hours a week. issue which deserves being examined Coif, as well as exam rescheduling have all of no classroom interruptions would be dis­ Doris Tel Tostp Brogan, VLS professor, further. One final note, a major disappoint-, been relegated to an ad hoc basis when a continued in emergency situations. The spoke next. Although she currently ment was that so few men attended the student petitions for part time status. The issue of degrading classroom demeanor teaches, she spent most of her time discuss­ dinner. Although sponsored by the existing policy for class tank determina­ was discussed briefly by the Committee, ing her first job as an associate at Morgan, Women's Law Caucus, this event was tion draws a line between those students then put aside to discuss the hardship pol­ Lewis & Bockius, a large firm. There, she something which everyone could enjoy and who take off an entire year and those who icy. The subcommittee is currently draft­ worked long hours (7-6 on the average) and find useful. take off one semester or who take a reduced ing the policy proposal. course load for one or more semesters. Yesteryear Photos from the Files December, 1984 * POCKET • Page 9 Juris Prose: Percy at the Bench

decedent was intoxicated at the time of the by Mary Porter lips from speaking guile. And to those who in the majority's order if either suggested it slander me, let me give no heed.' " In re was scandalous. fata automobile accident. Through a strange blend of luck and mis­ Finally, there were the judicial muses. fortune, I landed a summer internship at a Whit, Inc., 33 Banks 424, 425 (Banks. "Someone here has the horse headed the Mass. 1983). Inspired by Joyce Kilmer's famous poem, legal publishing company. I spent the wrong way between the .shafts of the Judge J.H. Gillis wrote a memorable opinion summer sifting out parts of cases, and as I buggy. His head is up against the single denying recovery in tort to a plaintiff sifted, the circumstances of certain lit­ Rather than having the desired calming effect on Martin-Trigona, the Judge's tree and the dashboard, and J do not think whose "beautiful oak tree" was damaged in igants caught my attention. prayer inspired the debtor to file his fifth the first memorandum should be 'depublic- an automobile collision. Minus a shore foot­ recusal motion, alleging conspiracy to steal ized'. note, the entire opinion consisted of the There was the generic case: Persons v. "This dissent I wish published." following: Persons, 666 SW 2nd 560 (Tex. Ct. App. his assets and cause him bankruptcy. One the debtor's applications states: "Fer­ Fenner v. Dependable Trucking Co., We thought that we would never see 1984). It conjured up images of a courtroom of rari, Lavien, Goodwin Proctor & Hoar 716 F. 2nd 598, 605-6 (9th Cir. 1983) A suit to compensate a tree. version of the Abbott & Costello routine, (Counsel to the trustee) and other bank­ (Chambers J., dissenting). A suit whose claim in tort is prest "Who's on First?" On to the branded cases ruptcy scum acted, combined and con­ The same judge in the same case wrote a Against a Chevy's crumpled crest; .. . In a case concerning Coco-Cola, the big­ spired to kidnap Martin-Trigona. . .forthe separate dissent denigrating judicial delay, A tree that faces each new day gest brand name of all time. Judge Murray purpose of stealing the debtor and convert­ and opining, "IF the plaintiff outlives this With bark and limb in disarray; M. Schwartz opened his opinion with: "Ap­ litigation, he may be a great, great grand­ A tree that may forever bear parently not everyone agrees that things go ing these assets for the benefit of the bank­ ruptcy scum ring." 33 Bankr. at 424. A father." 716 F. 2d at 605. A lasting need for tender care. better with 'Coke'. Plaintiff, Coco-Cola Bot­ motion accompanying the debtor's related The ultimate disdain for judicial delays Flora lovers though we three. tling Company of Elizabethtown ('Eliza- Federal Tort Claim Act claim contained the and vexations came from the judge who We must uphold the court's decree. bethtown'), seeks declaratory, injunctive following: "In 1980,1 was kidnapped, in my wrote, "The law does not concern itself Affirmed.' and monetary relief against the Coca-Cola with trifles when it knows that they are Fisher v. Lowe, 333 NW 2d 67 (Mich. Company ('Coca-Cola')." Coca-Cola Bot­ absence a bankruptcy ring composed of Ha­ rold Lavien, William Tucket (trustee) and trifles." Republic Steel Co. v. U.S., 544 App. 1983). tling Co. V. Coca-Cola Co., 98 FRD 254, F. Supp 901, 907 (Ct. Int'l Trade 1982). 257 (D. Del. 1983). The dispute was over the other operators, seized and stole my prop­ Caught up m the same creative spirit, the erty, and parcelled it out to their friends Others accepted delays with a peaceful price of sugar and the terms of their con­ publisher wrote the tree case abstracts and unlawfully. Their agents also had been pragmatism. One judge's opinion began tract for supplying syfup to make Coke. beaten and tortured in county jails, and with the simple statement, "This patent headnotes in the following verses: The dispute was anything but sweet. litigation, which b^an nearly twenty- A wayward Chevy struck a tree dragged me in chains around the country to Whose owner sued defendants three. prevent me from going to the court to pro­ seven years ago, is now reaching a conclu' And there were the chickens, District He sued car's owner, driver too. tect my property. . ."33 Bankr. at 433. The sion." Devex Corp., et al v. General Judge O'Kelley wrote, "while it is still too Motors Corp., 569 F. Supp 1354,1355-56 And insurer for what was due early to celebrate the slaughter of the debtor warned the judge in a hearing that For his oak tree that now may bear "In front of you, we have a crusade. And I (1983). Yawn. chicken cases, at long last the end if in Another master of the understatement A lasting need for tender care. sight. Began in early 1974 as a single class will never — I'll be back next week with a The Oakland County Circuit Court, motion to recuse — I will never let you wrote, "I accept without question the pro­ action on behalf of a nationwide class of position that the driver of a motor vehicle John N. O'Brien, Jr., set forth governmental entities, this antitrust suit forget the wrongs you have committed in The judgment that defendants sought the name of law. You will go to b^ at owes a duty to exercise due care to others snowballed until thirty-three actions for using the highway. However, a mature use And quickly an appeal was brought. treble damages and injunctive relief had nights saying I wish that Martin-Trigona case would go away." 33 Bankr. at 434. of the highway owes a duty to himself and been filed against the National Broiler Mar­ others not to lie down thereon." Fountain My award for the best effort in judicial keting Association (NBMA) and fourty-one From a second opinion in the same bank­ V. Thompson, 312 SE 2d 778 (Ga. 1984) poetry goes to Justice Sheehy. His poem is other defendants." In re Chicken Anti­ ruptcy case: The debtor ar^ed "It is ob­ (Hill, Chief Justice, dissenting). Plaintiff's reprinted below. trust Litigation, 560 F. Supp 957, 958 vious that the debtor and its owner are (N.D. Ga. 1980). freedom fighters in a world war against evil, demonic influences which travel Gallatin County v. D&R Music & Vending The most unsympathetic litigant of the under the banner of world war against evil, (Sheehy, J., dissenting). 676 P2d 779, 784 (Mont. 1984) summer was, without a doubt. Dr. Ibrahim demonic influences which travel under the Khan, a debtor who brought a voluntary banner of world racist Zionism. It is Chapter 11 petition. After quoting the "I equally obvious that the Court is a part of will abstain from every voluntary act of Draw-80 Poker machines, say the majority, are full of evil design this demonic plague, and is acting to loot As if they had never trhilled to four aces, or even kings full of nines. mischief and corruption" segment of the and steal the debtor's property in order to Hippocratic oath,Judge Merritt S. Deitz, Jr. The county attorneys oppose the machines although twenty-six of them have licensed send the money thus stolen to Zionist such machines coyle. gave a rendition of the facts which pre­ storm troopers in Lebanon to commit geno­ ordained his legal conclusion that the pti- Now they contend Draw-80 isn't poker because it isn't listed in Hoyle. cide against the Arab nation. It is beyond Well, I have looked at Hoyle, and to tell you no lies. tion must be dismissed. He wrote, "Dr. peradventure that this "court" is not a Ibrahim Khan caused a fellow physician to There are as many kinds of poker as it has entered into the heart of man to devise. court at all, but an outpost of Zionist atroci­ Hoyle lists Stud Poker, Draw Poker, Hold-Em, Low Ball, Cincinnati and a lot more, be rendered quadriplegic in an automobile ties and genocide, and is being manipulated accident in 1978. In order to avoid the inev­ but my, oh my oh, unlawfully to deprive the debtor and its Among these not listed in Hoyle, to name a few, are Kings Wild Low Ball With Two itable major lawsuit. Dr. Khan signed a owners of due process of law in the service contract for the lifetime support of Dr. Jerks, Duffner, Deuces Are Wild in The Presence of Clubs, Sullivan, Payday At of the interests of a foreign nation (the Zion­ Kelly Shaft, O'Donnell and Steubensville, Ohio. Dolly Yusufji. When he failed to bgin pay­ ist entity)." In re Whet, Inc., 33 Bankr. ments, she sued him and obtained a judg­ Lest your senses go batty. 438, 442 ^ankr. Mass. 1983). In responde, The game of Steubensville is so-called because it is close to Cincinnati. ment for $1,205,400. When she attempted the Judge, having lost his patience, quoted to enforce the judgment, Dr. Khan another judge who had faced Martin- One thing above all the majority should have kept in mind: promptly filed a Chapter 11 petition with Trigona as a litigant and threatened, Poker is any game where two pairs beat a pair, three of a kind beat two pairs, this Court. At this writing, five years after "There has been enough obstruction and a straight beats three of a kind, a flush beats a straight, a full horse beats the accident. Dr. Khan has yet to pay Dr. delay in this matter. If the bankruptcy a flush, four of a kind beats a full house, and a straight flush beats four of a kind. Yusufji the first dollar. She moves about in court cannot incarcerate for contempt, the Any game that has winning hands in that progression is poker a motorized wheelchair. He drives a Rolls- district court can." 33 Bankr. at 442-43. With or without a joker Royce." In re Khan, 34 Banks 574 (Banks Judge Lavien probably did go to bed at night And no judicial opinion, no matter how weighty, W.D. Ky. 1983). wishing that Martin-Trigona case would Carl make anything but poker out of Draw-80. go away. Draw-80 may sepm sinister The story of another debtor in bank­ To one's minister, ruptcy and his apparent sojourn from real­ There was a strong undercurrent of frus­ But putting fences around what poker means is as preposterous ity will chill the blood of any overworked tration in many judicial opinions, pre­ As arguing how many angels can stand on the point of a rhinoerceros. law student. The debtor, Mr. Martin- sumably created by the familiar oppression Trigona, graduated from law school and of too much to do in too little time with too But oh, say the majority, it takes two to play poker, just like it takes two to tango, passed the Illinois bar, but was deni^ ad­ few resources. Judge Merritt S. Deitz, Jr. Forgetting that when poker players want to play poker, they are not interested mission by the bar. He acted pro se in the approached the profane when he wrote, in the fandango. bankruptcy. The docket in his bankruptcy "The prospect of another 'boardroom bat­ Draw-80 Poker can be described in terms the simplest: case ran 28 single pages, with 161 plead­ tle being waged in a Chapter 11 courtroom,' It is one-draw poker with five possible discards and no joker, and the house has ings, 78 orders, 14 hearings and 18appeals. .. . will not be repeated. There is no educa­ two kings to beat, as any poker player could tell you from senior In response to the debtors motion to vacate. tion to be earned in the second kick of a citizens to the simplest. Judge Harold Lavient offered this short, mule.' The footnote explained. 'tum-the-other-cheek-type' prayer: ' "Oh The majority read into the statue that poker is not poker unless one is taking cards Lord, Guard my tongue from evil and my "1. Exact authorship of this bromide is from a human delaer lost in the shrouds of Kentucky political Which would be all right if the dealer ain't a peeler. history. Our use of it should not be taken to Many a poker player on an ego trip ' ascribe any metaphoric asininity to either Has dropped a bundle to a dealer with a mechanic's grip. . Gourmet Junk Food counsel. . .nor to the court itself, but to the It makes a real poker player panic ONLY AT . . . syndrome at large." In re Ironsides, To see a pack of Bicycles in the grip of a mechanic. Inc., 35 Bankr. 308, 310 (Bankr. W.D. Ky. But this Court has been so busy expanding the law of torts and interpreting wills 1983). It forgot about shills. Campus Corner So now, instead of a tamper-proof device to play with, The inability of a judicial panel to reach Montanans must seek out human dealers to gamble their pay with. PIZZA, STEAKS, common grounds was a source of frustra­ Finally, if there is anything that a Draw-Poker machine can be thought to mean tion for Ninth Circuit Judge Chambers, It is not a slot machine. HOAGIES & DELI who dissented from an order with this spi­ A chimp can be taught to play mindlessly on a one-armed bandit Speedy Take-Out And rited statement: "My brothers in this case But most humans won't learn not to discard aces or not to draw to an inside straight, surpress the memorandum ... I think I if we are the least bit candid. Delivery Service have First Amendment rights. However, under the pending rehearing, the majority The Draw-80 machine owners should not have lost this case but they did. Phone: 527-3606 can resolve pending issues, can backtrack They came to this Court with this case holding aces and eights, and you know what and even supercede the original opinion Open 'till 1:00 a.m., Suii.-Thurs., that hand did to Billy The Kid. with what they want to say. The February In the shortest of synopses 'till 2:00 a.m., Fri. & Sat. 14, 1983, memorandum was not scan­ They lost to the blue probsces. Located On Edge Of Campus At Spring Mill & Lancaster dalous, justifying its banishment of Now while the Order of the Blue Nose relaxes. 'depublicizing' it, as they say over at the Cities and counties can go about replacing lost revenues by raising other taxes. California Supreme Court. I would concur Poker players of Montana, unite! Page 10 • DOCKET • December, 1984 SELF-DEFENSE IS NO DEFENSE One More Letter Editor's Note: The following article first ap­ as me. (Continued from page 3) ing the 1984 election a one issue election peared in the October 19,1984 edition of the "The reason I picked you all (as jurors) is To the Editor: Philadelphia Daily News; it is reprinted because you look like street people." has failed to uphold the social and human As a Catholic and a student at Villanova I rights beliefs that this Church has always with the kind permission of the author. "You look like fine people, except for wish to express my outrage at several is­ by Dave Racher Juror No. 4." been aligned with — the rights of the poor, sues which have come to the forefront in and the needy. It is also important to note Daily News Staff Writer Real, honest-to-Blackstone defenders our nation and on our campus over the past Hang around the courts long enough and that this President which we have now in have been known to become confused in the few weeks. I recall sitting in Sunday mass flicted upon ourselves for another four you'll see ample evidence to back up the hurly-burly of a court-room during a tense at the Villanova Chapel during hunger lawyers' old saw that "he who represents years, si^ed one of the most liberal abor­ trial. But when it comes to confusion, the awareness week and listening to the speak­ tion bills into law when he was Governor of himself has a fool for a client." defendants-turned-lawyers are in a class er tell us about hunger in the world today The adage may have grown from a desire California. How convenient that Mr. Rea­ by themselves. For instance: and what we as Catholics and students in gan and the Catholic Church have over­ to create more jobs for poor, starving coun­ general can and should do about world hun­ selors, but, whatever, there is never a shor­ "I'd like a recess to talk with my counsel. looked this fact. That's me, you know." ger and poverty. As I sat and listened I was tage of the type of defendent who believes deeply moved at the plight of the starving that he, and only he, can present his case. "I don't need no lawyer, because I'm going to show you they can't prove I did this Ethiopians who are crying out for help Are we who are Catholics to become so Here, culled from recent cases in Com­ from the United States and the world. My taken up by one issue that we forsake all of mon Pleas and Municipal courts, are exam­ crime I'm guilty of." "After I question myself on the stand, question to Catholics and the Church as a the other beliefs and goals which this ples of clients who followed their own whole is where were we with our Christian church has always so fervently espoused. I advice to the bitter end. Bitter, indeed. you'll know I know what I'm talking about." compassion towards the starving and desti­ say we cannot and by having done this in Every one of these unlearned-in-the-law de­ tute of the world during the recent Presi­ this election, the Catholic Church and Ca­ fendants was convicted. "I've rested my case without calling the dential election? I am saddened to have seen tholics who voted for the Reagan Adminis­ Some of the greenhorns had trouble in defendant because I don't know what the the church become so overcome by the tration, have made themselves parties to the way they spoke to the jury. How about DA's liable to trip me up on." issue of abortion, during the Presidential the social, economic and political atrocities these examples of questionable strategy: "I have been asking for a continuance, campaign, that it failed to see, or temporar­ occurring in the United States, Latin Amer­ "They may have the evidence, but I've but they won't let me file a legal briefcase." ily chose not to see the overwhelming ica, Africa and elsewhere. So while the Rea­ got the presumption of innocence on my "Don't make up your minds based on the human atrocities occurring worldwide and gan Administration, in its infinite side." commonwealth's bull. Wait until you hear in our nation, while the Reagan Adminis­ simplicity sees a Marxist behind every "Even if I'm lying about a few things, ' my bull before deciding." tration stands idly by, or aids in the atroci­ door, the world situation worsens and don't forget that you're the truth finders." "You can't find me guilty because I was ties. human beings continue to starve and suffer "If this judge would have suppressed my stoned when I committed this assault and I at the hands of Reagan supported dictator­ confession, they wouldn't have a thing ask you for a discharge under the alcohol- In reading the recently released Catholic Bishops pastorial letter on the economy ships. How dare Ronald Reagan hide be­ against me." stoned defense." hind Christian beliefs to oppose abortion and world problems, I was again outraged. "They only want me in jail because And, inevitably, there's the one who while remaining steadfast in his callous they're afraid I'll commit another crime." The Bishops of the church blasted the Uni­ disregard for the poor and the needy, not to doesn't care about being on friendly terms ted States and the Reagan Administration "The cops say I did this, but did you hear with the judge. This tactless defendant mention the middle classes. What is worse anyone else say I did it?" said: for ignoring the severe social, economic and is how can the Catholic Church which has "I was gonna plead guilty, but I decided human rights atrocities both in this nation "I'd like to meet with Your Honor at si­ and worldwide. always been looked to as the voice of the to let you decide whether I did this." debar so I don't have to tell you off in pub­ poor worldwide forsake everything under "The prosecutor was afraid to tell you lic." To be sure, I do not mean to imply that the guise of supporting an allegedly pro-life I've been acquitted of three robberies sim­ Finally, there's the problem of dealing abortion is not an important issue in our so­ candidate. ilar to this one." with witnesses. A defendant named Percy ciety today. The Church, however, in mak­ Mark A. Masley "This holdup is not my style. I don't use got himself in trouble on this score. Said guns. I use demand notes." Percy to a witness: Then, there were those who weren't too "What was the individual wearing when kind in their assessment of the jurors them­ he shot you?" selves. Witness: "Now Percy, you know I didn't "I just hope you people were awake dur­ have time to look at what you were wear­ Looking for a Unique and ing the trial; some of you seemed as bored ing." Unusual Christmas present?

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Great Gift Ideas: Top row, Jackie Wilson, Sade, Durans, Julio and Frank, Alison Moyet. Bottow row: R.E.M,, Kenny, the Judds. Right: Bangles, Yellow man.

Hear say/Perry Simon WRAP IT UP! The Gift of Music

Hey, it's December already! Seems like popular with your sixteen-year-old male the other stuff just ain't country. yesterday that I was home for Thanksgiv­ cousin . . . and your female cousin of the ing . . . anyway, it's that festive time of same age will love Duran Duran's "Arena" FOLK: I'm less of a folk expert than I am year, when smiles replace frowns and the (EMI/Capitol), a live set with one incon- a microbiologist, but I do know that the streets are awash with red and green, and grous studio cut. Reggae fans like myself Flying Fish Records and Rounder Records the human spirit is at its best. will welcome Mango Records' complica­ cataloglies are the most extensive sources of new material. For something completely Yes, it's exam time. tions of the genre's past stars, and UB40's "Geffrey Morgan ..." (DEP/A&M) or odd, try Prefab Sprout's debut album It's also time for gift-giving, because you Yellowman's "King Yellowman" (Colum­ "Swoon" (Kitchenware/Epic), a melangeof folk, jazz, rock, and new age that may be have to give a gift for every one you get. bia) will also do. Bummer, yes, but that's the way it works. the weirdest album released in the States In case the recipient-to-be is a music fan, R&B: If you're gonna buy a Jackson by a major label since Captain Beefheart's your friendly neighborhood record-and- album, older sister Rebbie Jackson's "Cen­ last. It's also pretty good, despite the Scot­ tape merchant will be happy to sell you the tipede" (Columbia), produced by Michael, tish trio's stupid name. very best in gift music. Herewith, one is the best of this year's models. I don't like JAZZ: Okay, now, the thing is, your best scribe's opinion of worthy presents: Stevie Wonder's "Woman in Red" sound­ bet in jazz is to go by the label and package. track (Motown), but his diehard fans Windham Hill Records are all "new age" ROCK: The Elvis Presley and Buddy might. Sade (pronounced Shar-day) is a Muzak for yuppies who read that new last Holly boxed sets are expensive but excel­ Nigerian-born model with a very husky section of Esquire and take it seriously. lent. Both are well-packaged and include voice and a sharp ear for smooth pop-jazz ECM and Elektra/Musician are similarly rare cuts otherwise unavailable. "Greatest arrangements: her "Diamond Life" (Epic) well-packaged (plastic inner sleeve, better . Hits" packages abound, but the best are has just hit the stores here. Jeffrey Os­ pressings, "tasteful" jackets) and edging those compilations from the Atlantic, Mo­ borne's "Don't Stop" (A&M) comes highly toward fusion (Metheny, etc.). Most of the town, and Brunswick vaults: Otis Redding, ' recommended by Donna Travis. Former major labels produce "jazz" which isn't Wilson Pickett, Sam and Dave, Jackie Wil­ Yaz vocalist Alison Moyet's solo debut (Spyro Gyra, Grover Washingtonjr., David son, Marvin Gaye, the Supremes, Smokey "Alf" (CBS) features a cut by Motown le- Sanborn). The best thing to do is to ask .. . everyone loves 'em, and they're even a g:end Lamont Dozier; the rest is slick soul- your giftee what he or she likes and doesn't few bucks cheaper than most albums. tinged pop. Remember, most of Motown's have. It'll ruin the suspense but make for a Don't buy a Top Ten album unless you're back catalogue is available everywhere at better gift. absolutely sure the giftee hasn't already bargain prices, and most of it is far better OTHER: Ruben Blades' "Buscando . purchased the thing. Your average Natalie than the overproduced radio fodder of America" (Elektra) is for those who want to ^ Habert or Brian Mich owns, oh, say five or today. hear the cutting edge of Spanish pop. Ella six copies each of "Born in the U.S.A.," so COUNTRY: I'm no country expert, but Fitzgerald and Mel Torme will please their it's unlikely that they'll need another three names stand out. Ricky Skaggs, who fans with the Verve Songbook series, in Springsteen album. Try more eclectic or eschews "modern country" trappings (i.e., which each singer essays the best from le- -. newer acts, like General Public, REM, he won't do a duet with Julio Iglesias), gendary composers' works. Laurie Ander­ Aztec Camera, or Let's Active, all accessi­ sounds like a good country singer should son's "United States Live" is now available ble and worthy of any collection. sound. Either of his latest releases, "Don't ' from Warners as a five-record set for the Cheat in Our Hometown" and "Country avant. Van Morrison has both live and stu­ It your mtended recipient is a heavy Boy" (Epic/Sugar Hill), show why he's the dio sets coming out, in that order. Finally; metal fan, there's not much you can do hottest thing in Nashville. George Strait is California's Rhino Records has released a besides prayer, but you might want to try even more of a traditionalist, and his "Does passel of new compilations, including two the Yardbirds' "Greatest Hits" (Epic), from Fort Worth Ever Cross Your Mind" (MCA) "Rockin' Christmas" albums. The best which sprang just a few of the genre's most is a fully realized set of varied styles, from Christmas album, however, remains Phil successful folks. Otherwise, it's either re­ honky-tonk to weepers, and should be the Spector's legendary set of standards done cords by odd-sounding Dutch and German Texan's biggest hit yet. Finally, the Judds up in his "Wall of Sound" production, eas­ metal bands like Dokken and Scorpions (Wynonna and Naomi), a mother-daughter ily the inost bombastic — and most enjoya­ (they sing phonetically) or theoriginal inde­ team, are closer to the "country" perpe­ ble — holiday record ever made. pendent label releases by later-famous trated by Kenny, Dolly, and Willie, but I fiope that helps. Have a rnerry exam bands like Twisted Sister or Ratt, which their voices sound right purty together, schedule and a safe trip home, and I'll see are harder to find but will make ^bu very and their material is above average, Most of you in '85. .. Page 12 • DOCKET • December, 1984 OFF THE POST

by Sean Abdul O'Grady man, before he had even taken a high It can't be exam time yet. . . it just can't school class. He will play both football and be. It seems like just yesterday that Prof. basketball. It is all pre-ordained. Levin, for the first time, said, "Ehrauum! Since birth Todd's training, schooling Now class, last hour . . ." What happened and diet have been meticulously planned. to the semester? There are still books to be Todd Marinovich has never eaten preserva­ bought, outlines to be finagled and teachers tives. He drinks raw milk and bottled water to be brownnosed. Does anybody know and eats only natural foods. "He's never what room Jurisprudence is in? What Trial had junk food or sugar in his life," Todd's Practice section is Abdul in? If anyone is father said. "People said this couldn't be mm. supposed to be Abdul's partner, then will done," said the elder Merinovich, "It will be he please contact the Docket sports office. interesting to see what he does." •'r *, - f: Todd follows a training program his fa­ Despite the best laid plans of mice and % ^ Irish-Muslims, this always seems to ther, a scout for the L.A. Raiders, developed happen. What's an Abdul to do? when he was a player with the L.A. Rams. CLUTCH—CAKE There is no way for Abdul to catch up. It When his father thought that Todd was is all beyond hope. At this point Abdul does maturing too slowly, he was held back a Davis made a fake air tank by strapping a employed by the school's basketball team not even have enough time to read all the year in school and sent to a school that hose to a commercial size mayonnaise jar on its way to the 1984 National Champion­ outlines. Nutshells are out of the question. concentrated on academics. He started and made McFadden wear it into the pool. ship in basketball: "On the way to the Final Can you plea bargain? Abdul will promise Todd boxing to get used to physical con­ He gave McFadden harmless pills which Four, Georgetown's team was hung with to never admit that he graduated from Vil- tact. Todd was sent to Mater Dei High were supposed to be "oxygen enhancers" two buzzwords. The first is 'a^essive- lanova Law School ... do you think they School because their coach. Chuck Gallo, and took pictures, promising the rookie ness' and the second is 'Hoya Paranoia.' will go for that? Please, please don't give me utilizes a pro-set offense and was the high that he would soon appear in a documen­ Pundits on TV and in sports pages, like a an "F" and make me take Trust Tax again. school coach of Turk Schoenert. "His poise tary. Before long McFadden figured out sportily clad college of cardinals, cluck and Please! and control are excellent," said Gallo. that something was wrong. He finally ap­ mutter darkly. Were bell, book and candle At least there is one bright side this se­ "My father asked me if I wanted to con­ proached fellow Youngstown State Pen­ available to them, the purveyors of pious mester; Abdul didn't waste any money on tinue," said Todd, "I've always said yes. guin Ron Jaworski and told him, "Jaws, halftime innanities would have long since canned briefs. By the way, does anyone This is a program that I'll follow for the everything is so professional around here, used all three." . . . Pitcher-turned-broad- know Giblin's phone number? rest of my life." Too, too much for Abdul. but this scuba stretching at 7 in the morn­ caster Jim Palmer has bittersweet memo­ Can you beat it? (No, this is not a Michael Wanna be a sports legend? Hall of Fame ing is killing me." McFadden later said that ries of his playing days: "In one day," said Jackson Quiz. Even though Abdul has no Tapes of Rockville, Maryland, charges $50 he had started wondering when he discov­ Palmer, "I went from a negative presence doubt that Terrorism Can Be Beat.) to make a 15 minute tape with anyone you ered that no air could be drawn from the to a man with a great past." . . . Larry Three years late! Now that Rothman has want in the starring role. So far the most tank and he had to surface every 25 seconds Holmes, unbeaten heavyweight boxing singlehandedly laid waste to Abdul's GPA requested game recreation is the Colts win, for air. champ, explained why he wants to surpass (that really stands for "Gnashed Past in overtime, of the 1958 N.F.L. champion­ The display in Detroit after the Tigers Rocky Marciano's ring record of 49 wins Amelioration"), he publishes an article in ship game. "Everybody wants to be Don had won the World Series, was hard to without a loss: "I want to go down in im­ the . . . what is this? Oh, yeah . . . the Ameche, scoring the winning touchdoww," believe, even for a city as depressed as De­ mortality." . . . Canadian Olympic Boxing Docket detailing "How to Ace First Year said David Landau, the 29-year old attor­ troit. Even Philadelphia did not break into Team trainer Harry Snactic on Howard Co- Exams." Can you beat it. Why wasn't that ney who founded Hall of Fame Tapes. Next rampant violence wheawe won the Series, sell: "Aw, he's just a mouthpiece with a published three years ago? Who told him most requested is the 1951 National League and we expect it here. The most apalling hairpiece." ... East Carolina football that Abdul was coming? We'll see if that pennant game where Bobby Thompson hit incident involved an attack on a bus load of coach Ed Emory, whose team went 8-3 last the "shot heard 'round the world." "But," senior citizens in a tour group from Green­ year but lost six of its first seven this year; said Landau, "we had one guy who wanted field, Indiana. The tour bus was trapped in "We expected to rebuild, but we didn't ex­ to be in centerfield for the Dodgers and run downtown Detroit traffic, and the senior pect urban renewal." . . . Jimmy Connors over and catch Thompson's ball before it citizens lost substantial amounts of money, on the difference between Wimbledon and went over the fence." Of course Hall of jewelry, clothing, gifts and medicine. The the U.S. Open tennis tournaments: "New Fame Tapes made his dream come true and raucous celebrators attacked the bus, Yorkers love it when you spill your guts. the announcer exclaimed, "The Dodgers knocking out he windows and rocking the You spill your guts at Wimbl^on, they win the pennant. . ." In another tape, a vehicle in an attempt to tip it over before make you stop and clean it up."... Franco 44-year old rookie pushes Bryan Trottier breaking into the luggage compartments. If Harris, much maligned Pittsburgh Steeler all over the ice as the Washin^on Capitals that is how the people in Detriot celebrate a running back, was asked about a proposed beat the New York Isanders for the Stanley win. . . 40 yard match race with the NFL's second Cup. The tapes are not limited to one star, John Kibler, veteran of 20 years as a Na­ leading all-time rusher Jim Brown: "Didn't but an extra fee is charged for each addi­ tional League umpire, couldn't believe his you hear about it? We had the race, and I tional character. Landau said that a tape eyes when he saw former American League ran out of bounds on the 39." . . . John Rig- for five members of a recreational basket­ umpire Bill Deegan take the field to work gins, oldest NFL back to gain 1,000 yards, ball league who wanted to beat the Boston the A.L. Championship Series, in place of of the Washington Redskins, noting that a Celtics cost $75. Abdul has a great idea. the striking umps. "Here's a guy they fired nagging back injury had disappeared over Maybe this would work in law school. Just four years ago for being a bad ump and the summer; "I got up on the rack, drained imagine Abdul as Bob Nice, carrying Rich having all sorts of personal problems," said the oil and put in some additive. That's the Mennies through last year's Reimel Finals. Kibler. "Now they say he's good enough for trouble with a make and model my age — Mississippi Valley State University has the playoffs. Heck, if I were De^an I'd get it's hard to get parts." . . . Lee Trevino, brought the run and gun offense from me lawyer and sue the league. It's like ad­ current PGA champion, spoke of his di­ basketball to college football. The MVSU mitting they were wrong four years ago vorce from his first wife: "It was a friendly Delta Devils play with no huddle, no run­ when they labeled him an incompetent." divorce. She left me the piano and the lawn- ning backs and five interchangable wide Sounds like a bona fide to Abdul. mower. I couldn't play either one." receivers. The star quarterback is named The Philadelphia Phillies are doing it Willie "Satelite" Totten and the best wide again. Do they think they are a law school Jim Bennet makes a move the only way he receiver answers to Jerry "World" Rice. or something? The Phillies are raising knows how: behind the back. Eight games into the season the Devils ticket prices once again. Box seats will now were averaging 68.8 points and 668.8 yards be $8.50 and $7.50 while reserved will re­ Sandy Mannix doesn't get hers. To top per game. They beat conference foe Gram- main $6 and $5. things off, Rothman even insisted that his bling for the first time in history. KEYNOTES: Rev. Timothy S. Healey, name, as author of the article, be published MVSU stopped using a huddle after the S.J., president of Georgetown University, only in lower case: fredrick p. rothman. first game of the season. During a mid­ responding to media criticism of the tactics Abdul'll tell ya. week practice for the second game, MVSU Sexism, huh. Well everyone knows that coach Archie "Cowboy" Cooley couldn't or Abdul can spot a sexist a mile away. tell an assistant why a huddle was impor­ After all, it takes one to know . . . wait-a- tant, so the devils stopped huddling. "The minute, that's not what Abdul meant. . . defense is always on edge and we don't give Abdul never met a sexist he didn't... no, you time to make any adjustments," said that's not it either. At any rate, Abdul can­ Cooley. "Besides the way we play, we can not see any sexism in a Softball league wear a defensive line down." which allows teams with only men to field This Delta Devil team is not short on nine (9) while a team with at least one (1) nicknames. Loyal MVSU followers have woman can field ten (10) players. What's nicknamed the team Phi Lookem Jukem. the rub? The offensive line answers to "Tons of EVENT OF NOTE: Annie "Don't Call Fun." But the real key to MVSU success is Me Cornbread" Martino, without kneeling, the pass catching of Jerry Rice who, five was given a shirt on "14 and Under Shirt games into the season, had 72 receptions Day'> at Veteran's Stadium. SOURCE: for 1,081 yards. Oh yeah. Rice has also com­ Tom "Zipperhead" Morris. pleted five of five passes for 95 yards and Slumlords . . . Slumlords . . . Slumlords. three touchdowns. Cooley boasts that There, you ARE in the paper. Now go away "Jerry Rice could catch a BB in the dark." and don't bother the Sports staff anymore. Otho Davis, the Philadelphia Eagle's This is sick. Abdul does not make up any trainer is notorious as a rookie baiter. of the stuff in his column, but he still must When training camp opened this year lay a special disclaimer before the next Davis told Paul McFadden, rookie kicking item. At 15 years old, Todd Marinovich of sensation, that "Scuba stretching" exer­ Mater Dei High School in Santa Ana, Cali­ cises would increase his flexibility. McFad­ fornia, is 6 foot 3 inches and weighs 170 den swallowed hook, line and sinker, pounds. He is expected to quarterback for . showing up at the West Chester pool at 7 his high school, where he is now a fresh­ a.m. each morning for the "exercises." Oh no! Get out of the way! That darn Olsen is trying to hit the ceiling again.