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The Advocate, 1984 The Advocate, 1980s

9-24-1984

The Advocate, September 24, 1984

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Recommended Citation George Washington University Law School, 15 The Advocate 1 (1984)

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-..;...... -;...-----~--:.....---~,_~. positions at theNLC. byJackF.'. Williams Mr. Alverson's wife, the late Freda N. In a speech': recently presented by NLC Alverson, has also left a bequest of nearly Dean Jerome' A. Barron' at the annual $700,000to establish a Freda N. Alverson faculty-alumni luncheon . held at the Chair. in '..an unidentified legal field. National. Lawyers Club, Dean Barron . Another contribution in excess of $700,000 outlinedplans for expansion of the faculty by the late Theodore Rinehart will go at the NLC.The·· plans include the en- toward endowment of the Rinehart Chair dowment of' several chairs. These en-' in Business Law. In addition within a few dowments were made possible largely by. . years, the Edward F. Howry Chair of trial contributions" from alumni across the advocacy will be fully endowed. ~ country. -he endowment of these chairs is Ii Among these ••coritributionS was': the ·•••··.rnuch . needed addition •to the NLC. .largestsitlgltrgift~istory:-of;the':NLG~:,,-,z""Presently,..tbe'«)nly ..-endowed.ehaiiat'the",!,"c~' and GWU. The .gift was the bequest of $5 NLC has been the Oppenheim Professor of million by the late Mr. Lyle.T. Alverson, ' Antitrust and Trade Regulation held by an alumnus of theNLC.The $5 milhon, Prof. GlenE. Weston. according to Dean Barron, is to be used to increase the total number 'of faculty Money, go to 6 Night$c:hooISaved ~ ~ ... : . Newly Constructed NLC '. photo Jack WUllams By~ompromlse by

,classes and have more time to concentrate First Years: Heed Advice on the study. of law. The Committee byJulia Crossland tank weapons. This is not to say that a law believed that this action would help to by Mic'hael Goldsmith professor doesn't enjoy the healthy ex- Mter a Winter and Spring of meetings advance the NLCinto the category of the and bitter debate over whether or not to very best law schools in the country. We need more advice to first year law change .of ideas that flows from .the resulting intellectual combat. On the end.the Evening Division of the NLC, the -«, The issue was brought before the faculty students like Prof e . needs Board of Trustees voted' unanimously in, meeting of Feb. 17,1984. The final reports directions to the federal court house. What contrary; a law professor vweleomes June on a compromse. Instead of phasing were distributed to the faculty and after a would be more appropriate is some dissent and opposition in much the same of out the program over the next four years, lengthy debate a secret ballot was taken of practical counsel angled from a different, wayan ananconda enjoys the struggles a rabbit. A professor's enthusiasm is the board,'. in responseita-critics who 21 to IS in favor 'of the proP.2,.'>al...' perspective. claimed the quality of part-time students The proposal was then forwarded to A first year student rides on the razor's peaked by these intimate and friendly exchanges. Call a professor by his or her had declined; decided that applicants toGWU Pres. Elliott .and the Board of. edge between terror and utter dispair .. H both the daytime and evening programs Trustees of the untversity. On March 15, This is primarily the result of. what, is first name. you don't know it; use a term of familiarity. Saying, "You're all wrong, will be admitted by a single standard from 1984, the Ac;ad€!micAffairs Committee of known as the case method. By reading a common pool. Only after they are ad- . the Board1leard oral presentations and by .judicial opinions, involving careful chubby," will certainly guarantee yourself mitted will students choose to register in a narrow vote recommended that the analysis of statutes, application of com- a place in that professor's heart. the..full-time or part-timeprogram. The ;proposal be accepted. The Board approved .mon law principles, analogizing cases and SadlY,all too often, students find change will take effect in Fall 1985. 'a motion to table the proposal and directed stare-decises, the studentlearns the skills themselves totally unable to testify during The controversy began in Jan. 1984when the Chairman to appoint a committee to ofdeterminfng what the writing judge had a surprise interrogation. The vintage a committee of six faculty members and' ,make further inquires into the problem. - for breakfast that' morning. If a student secondary school ploy, "I'm sorry, can you repeat the question?," will gain no ~ree students of the Law School,iden- Five Board members were 'appointed to; masters this technique, he or she may tified as the "Committee on the Eighties," this committee. . eventually write for the law review, and reprieve from a cagy veteran professor. If recommended .to 'the faculty that ."the ' The Committee ".then welcomed any get to figure out the entire diets of certain given a choice between two answers, as a Evening Division of the NLC be phased out responsible person to present arguments eminent members of the bench. Learning rule, always guess with a firm confident over a four-year period; After a study()n to them both for or against the proposal. It how great justices deftly ducked issues voice. Even if incorrect, 'you will look better than if you timidly guessed it right. POssible academic. 'improvements, the received and studied data submitted by 'and glossed over important facts, as well Committee said the quality of the UlW the faculty, alumni and student body. as public policy considerations, in cryp- Key phrases to get by a crisis are "public policy," "reasonably prudent man," (and School would be upgraded by this action, Ardent supporters of the night school tically written, poorly edited opinions is its variations, "reasonably prudent that another full-time section of the J. D., included U.S. District Court Judge Oliver excellent preparation for real life prac- -amount," and "reasonably prudent time," program could be added, and that a strong

By Victoria Amada Brown. "We need to learn to calculate, to greater representation will come out of the Cisneros also addressed the issue of the compute and to communicate in the land Southwest and West; and there will be a economic crisis of Mexico. He attacked the On September 11, Henry Cisneros~'· of technology.' ' southwestern flavor and perspective in the Simpson·Mazzoli bill, a guest worker pia . Mayor of San Antonio and former White ,~ A third issue Cisneros raised was that of· way the country is growing and intended to relieve Pr:ool~ resUltin: House Fellow",announced an imminent equity. "I see some unhealthy trends. ThiS changing.", . from the flow of· MeXlcan untnigrants change in this nation's power structure, in country seems to be developing an "Power and wealth and influence and saying it would lower wages for US' a presentation to a packed audience at economy with 'two anchors. There is a, .....politics will no longer revolve around the workers, make it harder for workers'~ Lerner Hall, sponsored by the law school's distinction between .the technologically';' Northeast axis. OUr concerns have been ~~~ rights, a~ pr~ably resUlt in Enriclunent Program. "New places will literate and the technologically illiterate. those of France and other Western discriminatien- against HlSpanics looking claim a role in American power and . The 'disparity between their incomes is" ":' European nations,' Since the mid-thirties, ,for· jobs. economic strength across the landscape of great, and some suggest seeing the demise we've paid attention to the Pacific Rim: America," the mayor said, .referring , of the middle class." .Japan, Korea, the Philippines, Taiwan, specifically to the growth of the Southwest. . Changes in the economy are already" China, and their immense geopolitical "The American economy is changing: causing many other kinds c:l changes for,' significance," Cisneros said. ' this raises serious public issues for the both the, Southwest and the , nation, "We've never given our best efforts and country. One is whether the new economy > Cisneros said. The'Southwest has wit- thoughts to the sought. Names like HOD- will provide .enough jobs for. everyone, ': either topple the government or change it across the boarder. There is not enough fLU- l'\.~""" ("ic;{...-s dramatically, but that group takes on a life money in the national' treasury to link '...... SIlo ...... -Ih...... isl,.. of its own, and the tail will end ~p wagging agents' arms across the border. We need .our policy." _ . to get American labor unions to stop their "The Nicaraguan government is' a- pressure for tariffs, the Mexican govern- 'Marxist regime, but it has indicated some ment to end its 51 percent Mexican ability to move toward democracy. There ownership requirement, and American is substantial opportunity to create dif- corporations. ,to invest in Mexico,. We ferent relations." Cisneros said the United cannot liye with a neighbor whose _ 'States could work toward this goal by. a economic problems breed political "long and furious approach to diplomacy, problems." ' working with European countries who've . There is still time to solve all these supported the Nicaraguan revolution to problems I've mentioned, Cisneros said. persuade Nicaraguan leaders to make "If we don't solve them, the problems will changes; and working with the Church, eventually become those of bloodshed, labor unions, the U.N., and the O.A.S. to . revolution, famine, horrible health move; we need a new cut at thinking of the ~ problems and others. The· problems are from'page 1 problems of the South." ,'your generation's to solve." ment due process;" change in the breakfast patterns of judges, Perhaps the greatest albatross around a but even today, a student should approach from page,1 ...;. _ law student's neck is trying to master the the Code with caution. Never read the Compromise Uniform Commercial Code... First en- U.C.C. alone. Needless to say, a first year . countered in Contracts I, theU.C.C.will student should never drink and read the list of all the Law School alumni and sent program: rear its garbled and incomprehensible ---codeat the same time. And whatever you out 13,000 letters appealing to them to After considering both viewpoints on the head throughout one's law SChoolcareer. do, after pursuing Article 9, allow a friend op;>ose the phase out proposal. The issue extensively, the Committee .To facilitate its understanding, it is' to drive you home .. committee received around 1,000 com- recommended that as a' matter of necessary' to know the history of this To help digest the enormous quantity of munications from alumni in response. educational policy, "the National Law frightening legislation. At around the time complex material, students inevitably The Committee felt the faculty, ad- Center should be a single law school witha of the·, depression, a veterinarian was fQrtD study groups. If you feel you need ministration, alumni and students who single standard of admission from a single working to discover a humane method of: one, pick yours with caution, because a appeared' before them, wanted the pool of applicants which will ac· putting animals to sleep.· The U.C.C. was study group invariably becomes your Committee to find a solution that would commodate the widest possible range of drafted with in mind the intention of social group. Be careful how .you arrange satisfy both viewpoints. . s~udents seeking legal education in- placing even the largest of elephants into . the meeting's agendas. Stick to relevant The Committee agreed with the Com- cluding, but not limited to, both full-time the deepest of comas. Eventually, a copy • items. Don't allow the group to be $ide ...... mittee on the Eighties that in recent years and part-time students." The Committee of the powerful depressant came into the tracked by members posing absurd hypos. the overall academic qualifications of a said this change will automatically 'possession of a radical band of Cajun As pressure builds aroun1 exam time, large portion of night school students were dispose of dual academic entrance separatists. These terrorists, frustrated •tempers run hot. our group, on the eve of somewhat below the qualifications of the standards between the day and night because of the lack of anyone taking the' criminal final got bogged down day school students proving that dual division, and that this will probably result seriously their demands for the in- bickering over whether one could attempt standards exist for the night and day in an upgrading of academic qualifications dependence of Louisiana, formulated a to commit voluntary manslaughter. programs. The Committee found some of of the NLC student body as a whole. The plan whereby they would conspire to get Squabbling led to factions. Acts of the night school graduateS considered Committee also recommended that ap- the Code adopted in the other 49 states. terrorism were committed. Death squad themselves to be in a different category plicants not be required to express their While America was to be knocked out in activities were reported. It took the SBA's . than day school graduates and vice versa. intention with respect to either full-timeor the resulting boredom, Louisiana; which sending in peacekeeping troops to restore The Committee also cOncluded that part-time study prior to their actual ac· stillhasnotadoptedtheU.C.C. to this very order.' , ,-proponents of the night schOol had raised ceptance. . day, would sneak off. The plan went awry , ,-The most important· thing a beginning some valid points. In particular is that the The entire Board of Trultees voted because of the desperados failed to con- law student should be advised c:l is that if Evening Division serves a necessary unanimously in favor of the Committee'. ' . sider that the U.C.C. would primarily'be you couldn't handle law school you function for students who must work full- recommendations. Both Elliott and NLC dealt with by lawyers, whose resistance to wouldn't be here in the first place time, and that the broad spectrum ~ Dean Jerome Barron said they were the staggering tedium was extremely high Whatever study method is adopted and students in the night school gives NLC a pleased with the deciSion. When asked ho~ from generations of studying the dietary whatever test strategy is employed the stature and diversity maintained by no he felt about the outcome, night schoo habits of appellate judges. Through the odds are in your favor. There are 'over other law school in the country. Of specla1 supporter Judge Lawrence Margolis said years the raw Code was watered down by 6OO,00Qlawyers in' this country. U all of significan~ is that the night school is he was pleased,. "but that it is up to the subsequenLamendments and a gradual them could do it... uniquely responsible for the ,long and administration to make it work-time will successful history of the patent law· tell." , ,." •. "._ .• ~~.;"'.' ••.•••.•.• ". ' ...... • ... ·~ ... _' ..... ··1- .. ·• .. L •.:, ...... ,... '1- •. '\ <.: ...... "."., "'-". PAGE 3 )l~daY. sept. 24, 1984 ~umerH.E.L.~ , Out of the Main

Taken By The Cleaners? Facing Death c RQw's Problem representation at every stage of the recommend IFI analysis, to his customer. by Jack Williams , judical process. This is a view reiterated Itmust be stressed that consumers cannot "" . , bypatLoeber by. the ABA House of Delegates. deal directly with IFI; they must work " .Ma'ly problems can be found on deaUl 'Q.ltecentlY,--- I took a scarf to a dry row. However, the 1300death row inmates According to Raven-Hansen, the, through their dry cleaner. Furthermore, 'a cle;lI • Wben I returned to pick· it up a response by" the 'Bar has not been im- er " dry cleaner can use IFI services only if he have one problem in common - they have few daYSlater, Ilearned that my scarf was . pressive. He noted that the larger firms is a member of IF!., Roughly 50 percent of " no money to fund cuHa,teral. appeals to artiaUy shredded. The cleaner claimed challenge their sentencett-.Slowly the have not been very receptive. The large '~ t he was not at fault and would not professional dry cleaners belong to IFI firms have a "one is enough" philosphy , 'nationwide (no local statistics are , problem these inmates face is~ming re~lI1burseme for the damage: What can I about the problem. State Bar Associations available). If an IFI report indicates that a the problem of America, The United States Supreme Court has have not been receptive as well. This may dol. Whena customer leaves clothing or manufacturing defect caused damage to be because an attorney must volunteer his the garment during dry cleaning, the stated that an indigent defendant has a oth~ goods with a dry cleaner, the dry constitutional right to representation by' time and thus receives no compensation. cleanermust use reasonable care to , consume!'. should send a copy of the IFI However, some states like Florida have report to the manufacturer and request counsel at the trial court and direct appeal teetthose goods from damage or loss. a levels. However, the Supreme Courtbas begun their own death row projects. -, ~oods are damaged while they are in the refund or a replacement for the damaged Raven-Hansen is skeptical of help' by . item: . made no such ruling in the post-conviction cleaner'Spossession and if the damage process in the area of Capital offenses. law students. Although such things as cert. What are some alternatives if an IFI was caused by the dry. cle~ner's The "post-convictio~" phase is a generic petitions lend themselves to student work «analysis is not available to the consumer? negligence,then the customer IS entitled to term representing such proceedings as and that law schools such as Vermont, somecompensatiol}.fP.n'ilthe cleaner. The petitions for, certiorari to the Supreme Texas Tech., Rutgers, and the NLC have amountof cOJJlpensation depends on a Court, state and federal habeaus corpus' expressed interest;' Raven-Hansen varietyoffli<:tors, such as the age of the proceedings, and clemency proeeedlngs, believes, that if the programs are not garment,the extent of' damage, 'and before various state clemency boards. In' graded and supervised by someone with whetheror not ,the garment can be all these proceedings, there is no con- faculty' standing, the students may not satisfactorilyrepaired. stitutional right, to representation by take the work seriously. Is thecleaner automatically at fault if a counsel. According to Prof. Peter Raven- The need for post-conviction garmentis damaged during dry' cleaning? Hansen, a professor of law at the NLC and representation is compelling. In an article No.Consumersshould not assume that the director of the Death Penalty written by Jack Greenberg and published cleanerwas negligent merely because a Representation Project associated with in the Yale Law Journal, Greenberg writes garmentin the cleaner's care has been - the ABA, a defendant "can get as many as' that "virtually all capital sentences and damaged.Sometim~ a manufaCturing ten bites at the apple but you (defendant) • convictions that have been litigated to a defectin 'a garment does' not become·" can't bite without a lawyer .... conclusion have been reversed." The; evidentuntil the garment is dry' cleaned, In-the past; organizations such as the article shows that, depending on the time and occasionally owner'''abuse'' (such as Legal Defense Fund in New, York and the frame used, there is a 60 percent or 75 spillinga chemical agent on an item of 'Prisoner's Rights Group in Atlanta have percent rate of reversal on capital cases clothing)results in damage to the garment- handled the representation of indigent' compared to .the 6.5 percent rate· of- whenit is dry. cleaned. In either. of these' death row inmates but the number of cases reversal for federal criminal judgm~nts. First, if'the cleaner refuses to reimburse cases,the cleaner is not responsible for the has grown too large. Organizations like the From 1864 to 1982, there have been 5,7fYl the' customer for the damaged item; damage. '. Due Process Representation Project have executions in America. Of those perhaps the cleaner would be willing to. How can you determine who is become a necessity. The, ABA has executions, 3,593 appealed their con- pay for (or share the expense of) having responsible for .the damage v -> the recognized this fact and with funding will victions to the highest state court, 325 the item mended or having the fabric . manufacturer, the dry cleaner, or the set up a full-time director and staff to run appealed to the United States Supreme ' restored by a textile' restoration service ' customer?.'Ordinarily, .this is a difficult the' nationwide organization. The Court; and 129 used federal habeas corpus , (Woodward and, Lothrop offers such a question to answer" However, an organization, according to Raven-Hansen, Main, go to 4 service locally). Second; the customer can organization known as International is made up of approximately 60 attorneys 'take his or her complaint to an informal·· FabricareInstitute (lFl)can conduct, who have volunteered their time and - mediation organization such as Consumer. tests(foran $8.00 fee) which will indicate money. Some of these attorneys have little H-E-irP or to the Better Business Bureau. howandwhy a garment was damaged. IFI experience in the post-conviction process isa trade association of launderers' and Often a dispassionate third party can and when possible are put in touch' with succeed where. the consumer has failed. dry cleaners which serves asa research attorneys who have such experience ac- Finally, jf the dry' cleaner refuses, to andeducation facility for its members. cording to Raven-Hansen. All those who resolve. the problem amicably, the 1000 Connecticut IFl's laboratory conducts approximately. volunteer are not necesSarily opposed to customer can take him to court, usually 700 textile analyses per week. TheSe the death penalty; however, they are Avenue, N.W., small claims court if the loss is not to laboratoryfindings point to manufacturer opposed to anyone put to death without full responsibilityabout 80 pecent of the time large. ,If the' consumer chooses to go to Suite 1200 anddry cleaner responsibility about 20 , court, it might be a good idea to consult percentof the time. A spokesman for IFI with an .attorney. What is SIPLA? Washington, D.C. explainedthe low incidence of· findings Are you having a consumer problem? If againstdry cleaners by suggesting that a so, call the Consumer H-E-irP Hotline at For those of you who've always won- 20036 cleanerwho knows he is at fault woUld not ' 775-8567. dered, here's the explanation. Intellectual property law' has, nothing to do with in- (202) 223-9439 telligent realty or personalty, but rather is Voter Registration: DeaclUn~Draws ~ear the generic term for .law practice in- must be returned by OCt.' 8. For more volving patents, trademarks;' and copyrights: the legal protection Offered to • MOOT COURT BRIEFS by ClndiWickton "'-" information you can listen to a recording at 627-2811, or talk to a live person at 952-' products of the mind, allowing them to be • LAW,JOURNALARTICLES owned by one to the exclusion of others. Don't miss your chance to vote in the 3270. ' • PAPERS' Virginia Residents: Virginia residents SIPLA, .the Student .Intellectual nationalelection. Registering is quick and Property Law Association, exists as a • PLUSRESUMESAND easy,here's how you can do it: must appear in person 'for their initial registration.The·citi~ of Alexandria" forum for the exchange of ideas between COVER LEITERS!. District Residents: Pick up a G.W. students and practioners in the fields registration form at any D.C. public' Fairfax, -and Falls Church, and the' counties of Arlington and Fairfax have a of patent, trademark, and copyright law, ~brary or the District Building at, 1350 and in such related fields as unfair com- ennsylvania Ave., N.W. The form must 'reciprocal registration agreement, so you FAST; EXPERT WORD- may appear at a registering facility in any petition, antitrust, and entertainment law. be completed and mailed by Oct. 9 for the Membership is open to all G.W. students PROCESSING .- SERVICES Novemberelection. For more information of these cities or counties as long as you _ ' are a .resident of one of them. There are for a fee of $7. We would especially like to FOR BUSY LAW call Voter Information at 727-2534. encourage first year law students who STUDENTS WHO CAN'T , Montgomery County many registering facilities available, such ' as post offices, libraries, and shopping . 'either have" technical or scientific ACCEPT A 3-DAY TUR- Residents: Call Voter Registration at 424- backgrounds or who are considering 4433, and leave your name and address on centers. For specific dates, times, and NAROUND FOR THEIR places call. 385-VOTE, this is a 24-hour practicing in one of' the fields of law ~ r~ording machine. A registration mentioned above., DOCUMENTS! will be mailed to you in three days. , recorded message. You may also call the ;:n Voter Registration Office of your city or jncluded among' our activities are an mplete and return this form by Oct. 8. evening speaker series, an annual alumni For more information call the Elections county for registration places .. These numbers are: Alexandria 838-4050, cocktail reception,' which provides Office at 279-1570. students the opportunity to meet judges, 223-9439' RM.aryland,Prince Georges County Fairfax City 385-7890, Falls Church 241- 5085, Arlington Co. 558-2345,·and Fairfax government officials" and practicing in- esldents: Register in person at the tellectual property lawyers, and in the ~lections Office, 14701 Gov. Oden Bowie Co. 385-8100.The Deadline in Virginia is WORD PROCESSING Oct. 6. ' spring, SIPLA administers the Giles S._ Upper Marlboro, from to 9pm, OFFICE AUTOMATION ~r' sam Absentee Ballots: You must request an; Rich Intellectual Property Moot Court onday thru Friday. Or, call Voter Competition-which fulfills the. law SERVICES Registration at 627-2814 and leave your absentee ballot from the city or county in .' which you are currently registered. school's writing requirement-in con- name and address on the recording junction with G.W.'s Moot Court Board. machine.A form will be mailed to you, this Deadlines and requirements vary. PAGE 4 Monday, Sept. 24,1984 Two Join Career Dev.Of'ic~

./ ' ----~----:--~--" served asdirector of legal c~eer services by Kathleen O'Reilly . '. . ' at Catholic University Two new staff members. joined the -Saltsman also knows about job' EVERY 'AVAILABLE Career Development Office recently, placement. She was assistant-managerof jumping in during the, chaotic fall the 'law services division of Personnel in,~ Pool-Career Blazers. ' . terviewing season.' ' ..... c . - "AID,FOR THE · "It's beenvexclting," said' Jeanette, Shady, director of career development. "We've gotten an'. exposure to everything." Shady already is organizing lAW'SlUDENl informational and intervie\Vprograms for next semester. . ,...... ~' . . • Nancy Saltsman, assista~tdirec~r, IS counseling students, plamnng ~mmars "GILBERTS": and arranging accommodations .fo~ students and firms partleipating .in the SUM & SUBSTANCE LEGALINES SMITH REVIEWS-NUTSHELLS . CASE NOTES WEST'S BLACK LETTER SERIES :'~' ·~:·EMANUELS-HORNBOOKS STAIIONARY SUPP~IES AND MORE Church~Stcite Conference AT... , / to' be H'eld On sUnday, Nov. 4;.theCapital AreA' ;/ WASHINGTON New Director Jewish' Law Students Network and the Jeanette Shady Anti-Defamation League of B'nai B'rith will co-sponsor a day-long conference on '~.' LAW BOOK CO. . ..." ' regional interviews..Their focus is also on .. First Amendment church-state issues. the corporate interviewing program to be The conference will be held in the held at the Marvin Center on October 13,' Washington headquarters of B'nai B'rith, .1984. Representatives from various cor- 1640Rhode Island Ave.j N.W.,·and will porationswill be interviewing students include two. sessions.- One will explore Tel 785-0.24 from seven Washington, D.C. area legislative issues, such as prayer in the sChools; The National Law. Center .is public schools, and the second will exPlore hosting the program, said Shady, so judicial' questions, such as the Supreme students from other schoolswill come here, c, Court's ."Pawtucket Creche" decision. ' ·for their interviews. ," '.. Tickets for'the program, which includes Shady has an extensive background in a buffet lunch and other refreshments, are 'the placement field. In addition to being $10each for students, $15for non-students.' ·the recruitment administrator at Hogan &i More information will beposted1n the Hartson she has been the director of lobby of Stocktori Hall as it becomes placem~nt atihe. Gradu~t~ S~ool of available, or you may call sandra Ward at ·Business & Public Administration- at 462-6636,or Steven Wallach at 861-3000.. Cornell University and most recently Death'Row from page 3 _

proceedings in distrlctcourt according to to seek to challenge their convictions and the Greenberg article. "c ... ,'. rightly so. ,Withthreeout of four inmates -he problem according to Raven- getting their death. penalty sentences. / Open at 1,~:~O.For tuneh 'Hansen, who bases his view on talks with reversed, the" need for ..representation ·those who have experience in this area, is throughout the judicial process is com- Monday Thru Friday. withincomeptent or ineffective counsel at pelling. Twenty years ago the .loudest cry. \,', ",. the trial court and direct appeal level. against the death penalty was the fear of " States are going to have. to increase sentencing an ,innocent person to death., UNIQUE SALAns,' HOMEMADE SOups; OVERSTUFFED compensation and provide tr'lining to Today, the cry takes on an ironic twist: If SANDWICHES, GREAT BURGERS, PIZZA AVAILABLE FOR thosewho represent persons charged with we are, to have the death penalty, only: ' LUNCH ~' . . . ',' a capital offense. The United States those who meet the statutory elements .:CARRY-QUT AVAILABLE Supreme Court has recently made it even should receive it. It is unthinkable that an , PIZZA HOURS: TUESDAY-FRIDAY 11:00 A.M.-MIDNIGHT more difficult to prove ineffective '. innocent person should be put to death. representation in a criminal case. The Likewise, it should be unthinkable that a" SATURDAY 5:00 P.M.-MIDNIGHT defendant must show that not only was person who doesn't meet the statutory. representation ineffective,but also that-, . requirements of an offense punishable bY~r TAKE OUT AVAILABLE ph. No. 223-2086 such ineffectiveness had a' material im- .•, death should be put to death. Both are, pact on the outcome of the trial. Thus, the lawless acts. Both are derelictions of HAPPY HOUR MONDAY-FRIDAY 4-7:30·($4.25 PITCHERS) criminal rule for ineffective represen- judicial duty. However. debatable the .. ·tation is merely an analogue of its civil. former proposition, the latter is and, will DRAFT BEER NilE WEDNESDAY •

,counterpart. However, .the •stakes '.are continue to be a reality. Aslong as the rate" <, . greater in the death penalty context. ofreversal of capital sentences litigated to '. Raven-Hansen believes the program can a conclusion is high, it is a travesty of .LADIES NilE lHURSDA Y not succeed with a network of volunteers. Justice that a death row inmate does not. The ABA and state bar associations are ' have an articulated right to counsel' Disc Jockey Monday-Thursday 9:00 PM-l:30 AM , goingto have to act. States may have to throughout the post-eonvictionstage of the amend their Criminal Justice Acts to judicial process. Regardless of society's Friday 5:00 PM-2:30 AM providefor funding for death row inmates views on the .death penalty j a process Saturday 9:00 PM-2:30 AM challenging.their sentences. whereby those people who are put to death Whatever the solution, the problem is: are among a class made up of those acute. With the population of death row without funds to appeal their sentences to 223-2071 increasing, the problem is goingto become its judial conclusion is morally unae- 2131 Pennsylvania Ave., N.W. worse. More d:ea~~~ ..inmatt:S~~,g~i!1~•••. ~~p.~~te~...... _.; ..... ~...... , ....~,;•.. _~. PAGE 5 MondaY, Sept. 24, 1984 Moot' o. Board Cites Plans

\ The paternity suit is still pending, but" schools. "0.1(. )LE"S set:: ... some time over .the summer the NLC Moot This year's Giles Rich competition is Court Board was born. It is responsible for expected to involve a trademark or . '\\'HdsNEXT? , all upperclass competitions (Van Vleck • copyright infringement. The Giles Rich _. ,-,-,' .'.' -- General law, Jessup - International law, competition is the only upperclass moot and Giles Rich - Intellectual Property law) court. competition offered in the spring as well as two national publications and , semester. Additional infortnation about considerable input in the first year moot the compeition will be available in late court class. All upper class competitions OCtober. now present the same two briefs, two The competitors with the best overall argument work requirements, earn one performances in upper-class moot court . credit hour, and satisfy the, writing competition are invited to join the Moot requirement.' ,.' ~' " Court Board. Approximately 15 percent of The upperclasscompetitions are' the participants from each competition already in full swing. Twenty-four teams ~will receive membership invitations this are competing in the Van Vleck como' year. petition. Their arguments will concemthe The NLC expects to send teams to five appeal of a man found guilty of attempting inter-scholastic competitions this year. to extort money by threat of injury. The . The first team to compete will be Joe use of certain against him at trial McCarthy, Sam Maizel, and Chris Runkel may 'have violated' his Constitutional in the National Moot Court Competition to rights, but who knows? The two winning be held in this December. teams will compete in a final round on The winners of the Jessup and Giles Rich February 23. As always, the final round competitions here at the NLC will compete will be presided over by federal circuit,. in their respective national competitions district and DC court justices. next semester. The Board expects to send There are approximately 40 competitors a team to the Wagner Labor Law com- in the Jessup Competition. This year's petiton in New York City and a mock trial. problem concerns an international dispute r competition in Texas. All inter- involving the creation of a: nuclear free scholastic competition is funded by the, zone, to the dismay of one nation in the Moot Court Board and usually earns 1 or 2 middle of the proposed zone, and an issue academic credits. Anyone interested in "concerning the regional authorization of participating in such competitions are the use of force, a la Grenada. The top five encouraged to contact Richard Mason in competitors will represent the NLC at the the Moot Court Office, B-303A, Burns • Mid-Atlantic Regional Competition which Library Building, or call 676-7CT10. will be held at the NLC over the weekend The 1984-85year promises to be a Iand- Of March 2-3. This will be the fll'8t time the mark year for moot court activities at the NLC has hosted a regional competition of NLC. All students interested in litigation this scale. The Board hopes to invite state and moot court activities are encouraged department officials and recent or current to speak to a Board member in the Moot Presidential cabinet members to preside ' Court Office for further information and over the arguments, of the 12 competing advice. Banzh'af"Challenges.Ferraro,

dvities involves a claimed exemption on by Louis A. Siegel her financial disclosure· statements. ,,., NLC Professor John Banzhaf has asked Banzhaf parallels Ferraro's situation with· :0- the Federal Election Commission to ap- that of Representative Dale Hansen, \W~~~,. . point a Special Prosector, for the in- whose activities were highly publicized. vestigation of Democratic - Vice- Banzhaf cites other actions by Ferraro, Presidential Candidate Geraldine such as an illegal loan (recently repaid) Ferraro, for possible felony violations of and other questionable behavior. Finally, "I'd rather be at federal law. The value of an investigation he asks, what if Ferraro is elected bpt, undertaken by the Federal Election because of unclear standards in the in- Chadwicks. " Committee in contrast to the House, dictmentof public officials, she becomes, Ethics C~mmittee, is' the increased in effect, immune from indictment and likelihood for a non-partisan report, since prosecution? , the FEC is comprised of three Democrats. In asking for the appointment of a' and three Republicans. In the past, Special Prosector, Banzhaf hoped that the Banzhaf has called for and led the prosecutor's determination would be battle for investigations of promitient speedy and non-partisan. He notes that in Republicans such as Vice-President Spiro \ most situations, the occurence of such an Agnew. "The law should work,". says investigation is kept- secret from the Banzhaf "and I try to make it work." public, by .law.. in order to protect the The fi~t question about Ferraro's ae- ' subject of the investigation.

GWU Counselin.9 Center In Full Swing. Each semester the staff of the CoUJi·,"",· Confidence, The Manana Syndrome, seling Center put together a number of INSOMNIA, a series .of Study. Skills groupsand workshops called the Personal Seminars, Managing Stress through Development Series. 'The catalogs Relaxation, and at the end of the term, Catch Tuesday night {ellefe\UY ~kat 'ance the evening. ~ at~ S1.50 each. , Based on their ongoing work with being conducted at the Center. While I students, Center staff have chosen to offer priority is given .to . full- and part-time thesegroups because they are pertinent to students, staff, faculty, and alumni can '<, .. ., OWTo_ FrieDdIhIp ~ manyof the concerns that make it difficult register on a space available basis. Since eeoraeto- ' 203 Stiand St. 5247 Wl5COO5in Ave •• N.W. .' 3205 K St.•N.W. forstudents to take ftill advantage of their .;» space in some groups is limited, it is Alexandria • 836-4442 Washington • 362-8040 educational experience. These groups recommended that students register, 'Washington • 333-2565 teachskills for coping with school, ways to early. To do so contact the Counseling reduce anxiety, and strategies to help Center, 718 21st Street N.W., Building N, students be successful. To encourage 676-6550 between 9:00 a.m. and 5:00 p.m. maximum participation they are offered , The Counseling.Center's Coordinator r:l free to all GW students.: . Outreach and Consultation, T. Thome The Fall Personal Development Series Wiggers, can provide additional In- Cctalog lists many groups whj.ch will be formation about this program. He can be offered this semester.. Building Self· .- reached at 676-6550. " ,p ,(.:'" ' Monday; Sept. 24,1984 '

" ".. , -".,

.~-, ,Law Revue

byM. Python ' ",' That Zany (and sometimes controversial) ~up of madcap comedians collectively arise when' Wlautho~ outsiders' insist J by James Lochner known as the Law Revue are at it again. Preparations for this year's show, Law upon their right to research in the library t· Revue VII have already begun, in anticipation of the March 2, 1985show date. Just when you though~ it, was safe to of their choice and when a door alarm goes. On Thursday, September 13th, the following persons were elected as directors and off as a person is passing through. , enter the Law Library ..; Now you must will constitute the Executive Committee:' , ,,- not only be a GWstudent (or an authorized ~ Inthe first instance a guard will attempt' Mario Greszes-Executive Director visitor), you must be able to prove it on a to explain why unauthorized visitors are Tony Targan-Executive Director " moment's notice. Should you desire a not allowed in; The party line being that , Eric Settle-Acting Director , book, but not wish to take the time to sign. Burns Library is .private and cannot ac- it out, you must evade a complicated commodate all the lawyers in the area who Paul Peterson-Band Director ' Ann Marie Gibbs-Business Director " alarm system. , , , " might wish to, use the library if an open Temporarily, the adventurous may access ,policy was adopted. If un- , Sylvie Payan-ehoreography Director , evade these precaustions by taking side ' successful, a librarian', will repeat the Len Tao-Music-Vocals Director ;, doors or elevators. Soon however, these message· more authoratively. In the Jesse Dillon-Technical Director ~ side doors will have alarms placed upon ' second case, an alarm will usually go off While plans fer this year's show remain highly confidential due to the traditional " ' them and the elevators will progress to because a student has honestly forgotten vow of secrecy surrounding the Law Revue, the following statement was "leaked" to /' only those floors listed on the signs outside to sign out a book or a mistake was made The Advocate by a well-informed show insider who must remain anonymous for them. When this occurs, and all other when the student did sign the book out. In security reasons: "Allright, I really shouldn't be telling you this, but this year's show precatistions have been taken.. the these cases, the student will, be asked to will contain dancing, singing, imitations of professors and other celebrities, some sex library's goal will have been reached. As stop.fo allow his book bag to be check~ (I'd rate it PG-13), and even a joke about-Shhhl Someone's comingl-SOrry I'm not Humphrey-Hawkins tried to promote full and-told whether or not the book may be at liberty to disclose any more right now. I must be going I" employment and the. ERA ~romi~ full removed from the library. Should it seem To get a better idea of what's really involved in the Law Revue show, an open equality, the NLC might prOclaim It has a student is trying to improperly remove a meeting is planned for late September-early October. Be on the lookout for a preview reached "full security." book, a net will fall, sirens will ring and he : of rare film footage from last year's show (recently "discovered" from the NLC Key among the library's efforts at will be exposed to unspeakable horrors. archives under a FOIA request) to see this madness at its best. ' securing its boundaries from "outside In the near future it is possible that, penetration"and its shelves from "inside personnel will be employed during early evaporation" are its doorguards. What is Take Econ'omics evening hours to assure that all people . required of the doorguards is laid out in studying in the library have been properly A course' in' Practical Economics for Federal Trade Commission Attorneys. the "Desk Monitor's Manual." This admitted, by making sure they have ' Lawyers (No: 415) will be offered on Please see Dean Green or Prof. Raven. Manual details what is, required of the I.D.'s. For instance, GWU undergrads not Wednesday evening from 5:50 to 7:40 p.m. ' Hansen if you wish further infonnation doorguard and lists a variety of Library in the Spring semester. This course, which, . doing legal research will not be permitted about this course. ' rules. ' '," ' ',' was not previously scheduled although it is , to study in the library. c ; 'Some duties', are, veryC general. 'For, described iii The National Law Center instance, should there be an emergency ,it itis possible'iliatsOme modifications in bulletin will be taught by Dr:, Paul H; v Money' ' . is one's duty to "stay calm." It may be ' the security system will have to be made., Rubin, Assistant Director for Consumer fro~ page 1 _ . useful to repeatto the library crowd, "All . Alarms still need to be placed upon side Protection, Bureau of Economics in the is well." Should there bea loose animal' doors and changes in the alarms by the Federal Trade Commission. ' The increase in professorships and the wandering on the floor, one should capture main exit might be needed. And, as time , Dr. Rubin has authored an impressive' endowment of several chairs is a welcome it. One has the discretion in what means to \ passes and new problems are ea-..' list of books and articles dealing with the sight to Dean Barron who is all too aware employ, but failure to achieve the, "prime countered, further changes could occur. relationships between law and economics. of the unfavorable student-faculty ratio. directive" order in the library-willbe- None of these changes should be too in- While on the economics faculty at the The increase in the size of the faculty as dealt with harshly. One must, nab trusive however; it is the NLC's goal to be University of Georgia, he taughta course. "well as the prestige associated with en- distractions. . the "most technologically advanced law in Law and Economics in the University's '.: dowed chairs should also allow the NLCto More serious dilemmas are dealt with in -school in :...the country" not the, most Law SChool; 'and he presently teaches a attract able and distinguished scholars more detail. T~, most serious problems, tyrannical. course in Economic Analysis of Law for aceordlngto DeanBarron, Consumer Mediation .Clinic Breeds NegotiatingSkills-

by Gina Dashman Clinic has 17 caseworkers handling more 'Caseworker, but a good deal of diplomacy are having a consumer problem yourself than 130cases at any given time. It is the and open-mindedness on the part of the' (or know someone who has), please feel Mrs. "Green", like many good mothers job of the caseworker to mediate disputes caseworker towards the rosiness. '-- free to·, contact the student-directors, gave her Visa card to her daughter Jane so , between consumers and businesses in the Reaching a settlement, as you may' Stuart Bender and Gina Dashman, or the that she could purchase a pair of $50. ;. Washington D.C. metropolitan area. This imagine, is not always easy when a con- . supervising attorney, David Medine. The shoes. Mter the purchase, Jane returned involves constant communication, either' sumer has told you that all his furniture ' Clinic number is 676-7585. Note: Mrs. the card to her mother, like many good c'- by phone, correspondence or in person, was just repossessed, his car 'was stolen, 'Green's complaint against Visa is in the daughters ..~except that Jane continued to with the consumer and the business in-' his wife just gave birth to twins and he is process of being resolved. use the. Visa, account number to make , volved. Often times, the dispute is merely about to be evicted from his tenement additional purchases. Mrs. Green sub- amisunderstanding and a settlement is' building; You may find this situation to be sequently discovered that Jane had been. quickly negotiated. Other times, it may. . so outrageous as to be unreal, nobody using the Visa number and immediately. take up to two years to resolve. In either could be that hard up. Although it may not Banzhaf's' . , closed the acCount. Sometime later •..Mrs. situation, the caseworker's negotiating be a typical case, it is not beyond the .- . Green discovered that there were charges abilities, imagination, patience and un-, realm of Possibililties. .' . on her account which occurred after the derstanding is brought to bear .. ', ' . . Caseworkers do more than handle 'cases. Challenge .8CCOWlt bad. been closed." .Somehow , ; The goal of the caseworker is, 0b- Part of a days work includes receiving \: : .'~~'.; ' without Mrs. Green's authoriZation, Visa viously, to settle disputes, and so far this complaints off the hotline, referring . Section II, which came from behind to reopened heraceount and now Mrs. Green fiscal' year,we, have saved consumers' consumers to the appropriate agencies or win the Seventh Annual Law School owes Visa $800. Mrs. Green, in despair; $35,000. But' this doesn't mean that the authorities, and participating in ongoing' \' Volleyball Tournament by beating the calls Consumer HOTLINE for help. What coosumer will always get exactly what he' , litigation', which is being handled' by the other first year sections, has challenged should she do to get oUtof thisriless? Well, , or she wants. Sometimes this is because Consumer Litigation Clinic. In certain 'the faculty to a volleyball match, with the , one thing she could do is to send her th~ law is, not designed to protect con- circumstances, a case will come in which proceeds to go the Equal Justice Foun- daughter to a convent, but then she would. sumers in a given situation, and at other is not suited· for mediation and. a dation. Prof. John Banzhaf bas accepted still owe Visa $800. This is ,where" the times, the business simply refuses to settle caseworker may determine that the best Clinic's caseworker comes in. " . '. the challenge,the claims that all it takes to and theconSunieris 'unwilling to course of action would be to refer it to the beat a section of first year law school A, telephone complaint such as Mrs. "bargain" with the business. It is in this litigation clinic. students is one faculty member I, Greens' is not unusual for GW's Consumer, type of situation that the caseworker must Soon, both clinics will be, moving to the So, on Tuesday, Sept. 25th, at 4:15 PM, Mediation Clinic. Everyday, anywhere combine negotiating skills, imagination, new location in the basement of Stockton. Banzhaf alone will play against Section 11 between six and 10 consumer grievances common sense and knowledg'"eof the law in The new facilities, together with specially' .for the law school championship. are reported to, HOTLINE caseworkers. . order to arrive at a fair solution for all the designed computer technology, will enable, Many times the consumer's automobile Banzhaf has promised to donate $10 to parties involved in the dispute. . . the Mediation Clinic to more than double the EJF for every point scored against has been repossessed, or a promised' A, typical solution in cases where the the' caseload, and process cases much repair wasn't done,; or a, creditor is him. and has challenged Section 11to back consumer feels he or she shouldn't pay for more quickly and efficiently .. And, harrassing a debtor at 3:00 a.m. their claims to being the best by finding 50 a particular service or product, is to get hopefUlly, the move will encourage in- students willing to donate $1 apiece to EJF threatening to clean out the debtor's house , the business to absorb some of the cost by teraction between law school f"culty and if bills aren't paid. In fact, the types of for every point scored by him against . agreeing to a lesser amount than it had students, and the clinic. Section 11•. consumer problems that we deal with on a originally demanded. It must be' noted, The Mediation Clinic will be open to new daily basis could not even be imagined by Side bets will not only bE! permitted b~t however, that reaching such a settlement students next semester, incl~ding fIrSt are encouraged, but only if the money IS a science-fiction writer. requires not only cooperation between the year volunteer-easeworkers. If you' would This semester; the Consumer. Mediation donated to the EJF or some other law business, the consumer and the like.to learl1 more about the clinic or if you, school charity.

. Monday, Sept. 24, 1984 PAGES A Few·Minutes With Arnold Reitze sometimes multiple public hearings. Some by Christopher Stock were particularly bitter battles, especially, . This is the first in a series of interviews where waer was being used for industrial with NLC professorS. dumping and citizens were trying to . Prof. Arnold Reitze came to the NLC in upgrade it. So the ones that took time were 1970. At that time, the school'. en- the battles over whether, say, the vironmentallaw program was just getting Cuyahoga River should continue to bum started. Today, the NLC's environmental on a regular basis, or not.. . ..•.. -"law/program, which Reibe heads, stands So, I represented conservation .head and shoulders above its competitors. organizations, hundreds of them. Piece by --.. Q:. As many students know, you are an piece over every segment of water in Ohio.• expert in the field of environmental law. Iwas also very active in efforts to clean When and how did you first get Interested . up the Great Lakes. Those were some in it? - great battles. A: Iinitially started in the early sixties, Then Iwrote the city of Cleveland's air .studying. By 1965, I was involved with Pollution laws. I worked with Mayor carl citizen groups, I was drafting legislation, Stokes, the first black elected mayor of a . and I was heavily involved in lobbying, major city in the United States. ·both on the state and local level. I was also a lobbyist for citizen groups In 1965, federal pollution laws started and unions. A lot of the early en-. which required regulations to be im- vironmental litigation came out" of in- plemented. I was heavily involved in dustry. It really didn't matter where the establishing the regulati~ns for northern barbed wire divided the factory from the Ohio. outside. You were rained on with red dU'it My initial teaching of what we now call .no matter where you stood. . environmental law was under the title of , And then Iwas the advisor to Governor natural resources. Natural resources law Gilligan of Ohio. .. really didn't even exist before then in the , . So it wasn't until 1970 that I came to eastern United States. Washington. By then, NEPA had already Prof. Arnold Reitze ~n I fIrst got started in law, it had been passed. Iwrote some sections of the little connection to environmental law. 1972 Water Act, but they never passed. When I graduated from law school, I was _.And I 'had a minor role in air pollution when Ifell over an M-5Srocket iii the dark, Q: Environmental law Is often very in the army and did almost exclusively legislation. But nothing significant. onetime. Those small rockets have very technical and science oriented. Do you tort litigation. When I got out I was in . Q: Is it true that you are a certified auto thin alumnium shells. My weight could.go think that lawyers can go Into that field Newark; and went with a big firm that was mechanic? _ right through one. I fell right on it. Iwas so and a(1equately represent their clients essentially a captive of insurance com- A: Yes, my interest in auto mechanics . scared I was shaking for an hour /af- without having some- sort of scientific panies. They did almost exclusively" tort really started when I taught a course in terwards. It was a. close call. background? . litigation and Igot a lot of trial experience. ., mobile air pollution. It was very com- Q: You occasionally refer to some of the A: It depends upon which type of m· It was very good experience. But the plicated. I thought I should learn more more radical members of the en- vironmental law you do. Litigation, land environmental practice didn't come. until about it, so I took some courses. I vironmental movement as "tennis shoe use or natural resources-those don't later. / . gradually got more and more interested in types." Has their Impact on the en- . require a scientific background. But if yoo Q: There are rumors that clreulate it. I ended up taking three years of cour- vironmental movement been produetiveT get involved, these days, with health , 'through the law school about, your la· sework. ·1. am also an automotive A: Well, (that term) is such a p-oblems and policy. work involving volvement in the drafting of some of this machinist. - generalization. So it's hard to give a taxies, air pollution and so on, it is rather country's major environmental It was all just a hobby - something I general answer. I would say that yes, their . / important to have some type of grounding. legislation. This reporter has heard liked to do. When I started the courses, it efforts have been beneficial. Somebody- Yau can get it in a variety of ways, butone rumors that you: wrote the Clean Air Act, was $4.50 per credit. Itwas just a way of has to be putting the pressure on the way or another, you've got to get it. wrote the National Environmental PoUey getting a change of pace when Ifinished a polluter. As long as you have intereSts that Q: Along that same line, do you think Act (NEPA), and were the ClI'iginator 01 hard day's work --: to pull apart an engine. are large and powerful, you are going to that our courts are competent to make need the more extreme types to counter rulings. on complex environment_al them. . quetions? If not, do yon see any alter- Also,I would say that (thaetype of en- natives? 1.almost rekt!"ed a.live [nerve gas) agent vironmentalist) is often· effective in put- - A: The courtS decide complex m- ting pressure on legislators. And 1 think vironmental questions but their decisions .when 1fell over anM-55 rocket in the dark that improves the quality of our are part of a very complex economic and -, democracy. . political world or enviromnent. 'l1I hours that I did in the sixties .prior to Phone. """":"_~--=-~_.;.,.. .- --- sixties in Ohio. I was teaching at Case . coming here. When I taught at Case Western Reserve at the time. I was very Western Reserve, Iused to have less than Area Of lnterest ,,·_..;;;.-.;..' ~ -- active in Ohio and the Midwest inprac- >' one hundred students at a time and I tieing environmental law. taught only einvironmentally-related 1understand that writing for the Advocate may mt get me an interview with You have to remember that in 1965 there, courses, and had almost no administrative 1--_ basically wasn't any significant federal Covington Ie Burling, but 1still want to say something to my c.-olleaguesand work. So, Ihad quite a bit of time. Here at other people. involvement in pollution control. The GW, with double or triple the courseload Council on Environmental Quality didn't _--.;._1 just wanttosee my name in prinl . and.teaching load, Ijust don't get that kind ___ I'm only interested if 1get a salary or coone credit. exist. The Environmental Protection of time" , __ Iwish to get ~ore involved in the study of at GW than just going to clasS Agency didn't exist. We had an almost Ijust finished a veri large' co~tment law ineffecutal federal clean air program. The and trying to get put exams. of time doing work for the National __ Iwould lite to try to leave things ina better condltion than Ifound them. water pollution program was in the Academy of Science's Demilitarization of Department .of Interior and was jU'it ..Nerve Agents Projects. The report should __ I want to help report thenewa about the NLC getting started. - __ ,I figure,it couldn't burt my resume. . • be coming out shortly. That took a lot of ___ I want to be IUI'e 1have-a volce. . The f1l'St federal effort involved the time. requirements for the zoning-Of state I'm quickly becoming, an expert on __ 1. want to design IOmetblng other than a pleading or a memo and put it In pubUe .print. •" waters and that was in 1965. It didn't go nerve gas. Itravelled all over the country into effect until every stream, in effect inspecting the stockpiles. I had to wear a __ ,Iknow I'U ~ver have aJi opportunity lodo tbJIlOI't of thlrig again. was zoned for stream quality standards. rubber suit with all the protective gear. 1 __ ,Iute to InCtIc:e the Flnt Amendment, juat tOlJe aureil ,till..orb. Every river had to have public hearings, almost released a live (nerve gas) agent - , PAGE 9 /dondaY,Sept. ~': 1984

'" ' in law school, he said, "there was a dance to compare it with." Another lawyer said seems to fade as soon as the lovebirds set ~f. John Banzhaf ",~.and no one was dancing with a sense of the question reminded her of a gag in a foot outside of the dark, cool nest where -r:;hirts seen around Washington, a:rhythm. It suddenly occurred to. me that' Woody Allen movie which went something they were, by comparison to the rest of the lawYers'town" proudly proclaim that ,all these people were soulless. There is a like, "Some people are homosexuals, some , drones (in law school), zelda and F:SCott "LAwYERS DO IT IN THEIR BRIEFS", self-selection process in law school, and heterosexuals, some people don't think Fitzgerald. Once they hit the harsh light of and "FOR THE .FINEST MOTIONS,< people who are emotional and passionate about sex at all. They z become lawyers."; day and are surrounded by normal; happy sLEEP WITH A ,LAWYER.'~ But ac-« don't wind up in law school, and those who Still another said that the only thing ex- people, the relationship crumbles: Each cordingto those in the best position to" ., stay have romance systematically driven citing about seducing a lawyer is all of the turtledove realizes how incredibly dull her kDowthe, truth may be just the opposite." "out of them.". There may even.. be buttons you have to undo with someone in or his partner is." Last August, when Jackson Browne's something to that theory, according toa a three-piece suit. . several comments on this issue-even "Lawyersin Love" became, popular, the study reported in the Journal of- Legal ,The recently published "Not The Official closer to'. home were presented in last washingtonPost asked lawyers around, Education, .which. "concluded that "it Lawyer's Handbook", provides further year's production ,of GWU Law Rewe, a, town about lawyers and their love .lives. : is clear that the highly feminine woman support for the thesis, and indicates that program about the law and the law school Thevirtually unanimous conclusion was . and .the highly. masculine male are not things are generally no better even while put on by, the students themselves. One thatlawyers are ,"dull, humorless and destined to succeed in law schooL" .in law school. It notes, for example, that" skit showed a couple seeking out in- asexual:" "~awyers in"l0ve .isa con~,: Another law clerk fresh out of law school ,"in the stacks (of the library) there area struction in sexual techniques from a bar- tradictlOn 10 terms, . said-.C, , J. argues "I think they try.to be objective zillion ways for young romance to burst review type instructor. Another featured a Reysselance,a law clerk whose initials"" about love, and you just can't be objective through the bounds of common decency,' half dozen women law students singing standfor Cherry Joy (reallyl). .<, about it. They try to be rational about it, but "the problem is that it rarely does." , that "when it comes to loving we need a An attorney in the Justice Department's and you can't be." She admitted. that "I, , Indeed.. the Handbook's author, who learned hand." Perhaps what they were taxdivision, hardly a .very sexy place to 'for one, .have never, met a 'reasonable went to Harvard and Hastings, suggests saying is that they would settle for com- work,said the song,"Lawyersin Love" man.": alluding to that "excellent but that a typical law school romance may be petence if they couldn't find passion. remindedhim of "When I was fn law odious creature (who) stands like a as dull as the old precedents the students It has often been said that the law is a schooland we used to joke about lawyers monument in our courts" as a standard study. "They started off studying on op- jealous mistress. Perhaps, like the ancient marryingother lawyers.' How could" they, ,devoid of any human weakness and used in posite sides of the room. Mter four months succubus, she drains her suitors dry and haveany romance? Lawyers are pretty' determining whether a given act was' of strategic eye contact, he asked if she leaves them with neither time nor in- dull anyway." The key, he concluded, "isnegligent. That she maybe looking for had Federal Reporter 355 for a law review clination for other affairs. But,as estate not to end up with another lawyer," a such a man in her life is in itself a telling note he. was researching. They were lawyers are constantly reminding us, problemlaw students face because time to ", comment. '- young, it was spring, one thing led to ,.where there's a'will, there's away. So my meetpeople outside the law'school is often . Some lawyers apparently think they are ~ another and within six more months, they , advice to entering law students would be 'to limited. ' romantic, but as one associate for a Boston were sitting at the same table!" try to hold on to your romantic nature as firm put it, "I .also think they tend to .Things are even worse, he suggests, on well as your morals as you go through law A lawyer on the Public Works Com- associate too frequently with other real dates. "And any attempts at' real school, law school, and to follOwthat well- mitteeoffered a theory of natural selection' lawyers so maybe, they think they're dates (i.e., outside the law school) always known latin maxim: NON ILLIGITIMOUS to explainthe phenomenon. '''When I was romantic because they have nothing else result in disaster, for somehow the passlon CARBORUNDUM EST.

is incline or push in one, direction.or the hea'd ofa large timber company with a A: Certainly, 'he haspersonal clout in Well, the move toward a little more

IDlother. ' ',' '•...•'.' "'.".,".. !. .•• ' : record ofPo()r ~gJterence to environmental that he can appeal decisions of OMB to the -,careful benefit-cost analysis as we move For example, the whole energy pohcy., ,,;:yalues .. ! j -+~ ,:,,; <." : "" <;' ,,->- Whitehouse when. they limit. regulatory .towards, more -expensive -environmental andenvironmental policy of the country' ',Both Watt and Krowle tried to cut all prornulgations.. But there are limits. He controls is useful or beneficial. But I changed after the Arab embargo of 1973. It budgets for everything environmental and can't be running to the president every day believe we would have done that regar- really didn't make too much difference tried to expand everything for, ex- of the week, or he would quickly cease to dless of who was. president; whata court said on whether, we ought to . ploitation. Watt was certainly constantly be considered a teamplayer, . . , Q: -you are. the director of the en- encourage or discourage the use of' pushing for giving away resources at the - He has appealed funding cuts,' and ac- . vironmentallaw program at the NLC. Itis coal.Instantly,as a result of the embargo, lowest possible price to industry and , cording to him, he has gotten most of what, generally recognized as one of the .best as an national policy we were going to stopping all environmental programs. he asked for. EPA has not suffered that, programs of its kind In the nation. Are ' havea pro-conservation' .andpr

IthinkPresident"Re~a~fuJSJone'i.tn and after Reagan came to power. There see in the program? were some cutbacks, but not' real sign- A: I think the program is about as large abominablejob as steWard of, the "nation's ficant. The main problem EPA has had, as you would need, particularly con- financially, is keeping up with an in-, sidering'the limited number of jobs in the flationary economy when EPA has had a field. While there is always tinkering, and resourcesand, generally, has~done terrible ~ slightly declining money supply. I would expect to be adj~ting courses in secondly, in the mid-seventies, Congress perpetuity, I don't see any major need to ;",-,,' imposed upon EPA an tremendous change things. on too environment.", .. , number of new responsibilities, many of The major problem has really" be ad~ ------..:.---_--.:.--.;,....---.;,....~------.;,....--~~-~~---:---which were staggered in the sense that you dressed. That is, the environmental program is enhanced as the rest of the sen~~or lack of con$t!nsus and the real with them. It's just been rotten with had to do A, then B, then C, and each one < school improves. The improved physical de~I~lonmakingtakes, place in.· big' ad- Reagan around. involved a bigger operation of more people lllinistrativeagencies. ,- Q: Has the' 'appointment of William and as we moved into the eighties, many plant, the larger faculty, new provisions Ruckelshausto head EPA made any of these requirements were coming due. for chaired professors, these are all things 01Q; President Reagan is nearing the end difference?' . Q: Has WilllamCiark made a dif- that help the environmental program. ' hiS fourth year as president. How would A: Oh; I think that was' a signficant ference? . . . < Q: ,You will not be here next semester. ~urate his handling of the environment to . improvement. But William Ruckelshaus, A: I think the low~r" profile and a Where are 'you going? te? . despite the confidence and honor' of the quieting of the rhetoric has helped A: Well, I'm working on a masters a A: ~ think President Reagan has done an person, :.is still. an employee of· a very somewhat. But I I:1aven't seen any great degree at Johns Hopkins in environmental rbonllnablejob as steward of the nation's. conservative, pro industry administration. change., . sciences. ,This is my sabbatical. I'm :s~urces and, generally, has done', Ruckelshaus still has to follow the rules of '. Q: Many people who disagree with the spending it as a full time student. And I tribleon the environment. ., his employer. policies of the Reagan administration will ' just finished three months of bio-statistics J) lie brought James Watt in . for (the Q: You stated In your environmental grudgingly admit that some of the changes and computer science.- tllepartmentof) Interior. Watt is probably, class' this semester that the Office of' the president has made may have some I won't be finishing the masters at Johns ~ rnost anti-environment, anti-natural Management and Budget (OMB), which merit to them. Is there anything about his Hopkins this year. But I will be getting 40 ourcesperson we've had in that job in controls the purse strings, is where the environmental policies which has been close. ' tll/hars. Reagan also'appointed Krowle power really lies. Does Ruckelshaus have good for the country? . ' I will be back teaching next year. A: (Pause)! really can't think of a:1y. "..~~?~~~f?~~!.~~~~~~~!~ts. ~....8!'y.«tf!«tc~..o.n.~MI!~1o"'''''''H.• ,'... ) ...'. '0' ,_I.!. , ' , , - _._~.·,.·~_\.I '-"'ol' , :"'., - •• """. • .~ "i .~ " ,••. Monday, 'Sept. 24, 1984 Night. Schoof Resolution: 'Accountability Unresolved by Brian O'Donnell - been stated by the founding fathers and contemporary scholars al~e~ that the While we were away from the National Law Center for the summer the controve~ corherstoneof democracy rests in the right to vote. The power. rl~~ CItizenry to over continuing the' evening J.D. division ostensibly ended with a compromise govern itself through a representative government of elected OffiCIalsISIts ~arantee solution adopted by the Unversity Board of Trustees. Questions linger, however against tyranny. Itis through this political process t~t the freeRalph Nader several years ago graduating law student in a euu·tl!De, Street ~.W., Washington, D.C. 20052. Telephone 676-7325. ' to help support public interest work by plblic interest position. ", lawyers. The NLC chapter has enjoyed a , reputation for some time now as one of the A brown-bag lunch series feat~ , The opinions expressed herein are those of the authors, and do not necessarily most effective branches in the country; we attorney-activists will be held deliver aD reI!rese';1tthose of the The Advocate, the National Law Center,or George Washington intend to sustain that tradition in the the year; Ralph Nader will be Umverslty. will coming school year. The annual Pledge address on soclaljustice; and thi~ publiC Drive is perhaps the best-known EJF a panel discussion on a spec have a activity; students, faculty and stalf donate 'interest theme. Other fW1ctionswill Inted The Advocate will consider for publication all articles letters and cartoons sub- a percentage of their salary to fWld more social aspect: a get-acquBseP" mitted. Letters must be signed to be considered.' , summer jobs for law students in low- or happy hour is scheduled for latewill be non-paying public interest areas. tember and open general meetings The response frum the law school has held each semester. iP PAGE 11 daY sept. 24, 1984 )loll"" 8LSA: Fostecrin,9 ·Gro~~ ·ATTENTION

-j' 'lt Black Law Students' Association in domestic andIntemational politics.' efOundedin 1967 by students at New . The' NLC chapter of BLSA was ,as University Law SChool to foster the organized in the early seventies and york al and intellectual growth of black presently consists of, 50 members. Our FIRST YEAR STUDENTS f£rs:dents and to utilize the law as an goals can be summarized as follows: (l) to ~\\'trIJIIlentof progressive social change. encourage an attitude of professional iJII the Black Law Students' competence among blacks in the legal f~~iation (BLSA) is a national field, (2) to concentrate on the relationship A anizationrepresenting over 5,000 law of the black attorney to the American legal Interested in School Politics? ~dents at more than no law schools in. system, (3) to use legal education and UnitedStates. .' ,.',.• ' training to address problems in the black lbe of the activities of the, national /commuttitY, (4) to influence American law sollle ~anization includ~ an, active recruit- -: "; schools to use their expertise and prestige entprogram to increase the number of ' .to effectively bring about changes in the ~cksin the legal profession, a legal job ': legal system which are responsive to the Elections for first year Student)Bar lacement for BLSA members, the needs of the black community. , ~erick Douglass Moot Court Com- Examples of programs operated by tition to foster .appellate advocacy '. BLSA- arett) orientation and intensive Association Representatives will be ~ a national publication entitled BLSA , study sessions ' for 'first year black , , , REPORTS, and. regular sponsorship of students, (2) a speakers series in which nationaland regional" workshops and' prominent", black. attorneys or public Wedn~sday, ·Oct.l0 (in class) !eD1inars' on recent developments and figures are' brought to' NLC ~ address portunities in the legal field. students, and (3) an Adopt-A-High-School ~Inaddition, .tbe national. organization program in which BLSA members ae- works closely with the National Bar tively recruit and encourage black high Self-nominations must be in by Oct. 3 AssOCiationand the National Conference school students to seriously .consider IiBlackLawyers and i~ actively involved entering tl:le study of ~aw. at theSBA oHice, Burns 303.C Gardner To Speak

JohnW.JGardner; fOunder of Common' Room. For more info see SBA article on pagel 0 . ' Causeand former Secretary of Health, The remaining Enrichment Program Educationand Welfare will be the next speakers for the semester are Prof. Jon R. or come to SBA office EnrichmentProgram speaker. His talk em Waltz of Northwestern University Law "Leadership"will take place on Tuesday, School and Judge Harry T . Edwards of the Oct.2nd at 4:15 p.m. in the Moot Court . U.S. Court of Appeals for the D.C. Circuit.

relationship 'among, human beings. This take to the law immediately, master the I would like to welcome both our thousand people applied for the places way of perceiving human relationships is new vocabulary quickly, and triumph on I returningand our entering students. In a , which you occupy. You should regard your no less important in law school than it is in ' the-exams with, startling speed. Others sense,youboth enter a new school. At last, admission here not only asa great op- any other aspect of human endeavor. The take more time and blossom more slowly we havethe lounge and study space for our portunity ,~whichit is - but to some law school should be a humanizing ex- but when they do blossom their grasp on studentsthat we have always sought. For extent, as a trust. Many others sought to perience. OUr very perception' of each the subject can be unrivaled. Don't expect Ihnsewho remember the old student' be in the seats you are sitting in. ~ to grasp a particular subject at the same loungeon the first floor of Bacon Hall, I means that you should make every effort other can either endow, us with humanity or rob us of it. rate as your neighbor. Each of you is a am sureyou look with a sense of awe at the to put to good advantage the faculty and different person. Learn at your own rate, Iwonewstudent lounges on the first floor the curriculum which are now at your Somehow, as a result of what might be , called the paperchase - Kingsfield image . but make sure that you are earning what or StocktonHall. disposal. But fully utilizing the-resources of law schools, the impression is abroad you learn. Learning involves more than Anotherfeature of our new facilities that of any institution cannot be entirely the that the values of a boot camp are more mere repeating what the professors or is new and, open this. fall is the main responsibility of the institution alone. You another student with a forceful' personallty readingroom of the Jacob Burns Law as students havea responsibility. If there 'appropriate to. , the law school than the humanist values of the University. This is '. tells you. What yOu truly learn is the Librarywhich spans the second floor of . .is a professor whose teaching style or not so. If it were, the law school would not product of what you have thought about both the old and new Burns as well as the whose subject interests you, seek out that your books in the light of what your secondfloor of Stockton.' For those, like professor. The faculty is receptive to , be part of a university. We must look through each other past the roles we play. teachers and classmates have said about me, whocan remember the old GW,Law students, but receptivity is a two-way them. ,I ~hoolLibrary when the entire law library street and you must do your part too. We Just as your teachers should treat you as ends in yourselves, as Dean Sandalow We are a diverse faculty, as you would of 20,000 volumes (compared to today's have an infinitely rich curriculum. We expect when you are talking about over 40 300,000) occupied only a portion of the top have a diverse and independent thinking says, so you should treat your teachers as human beings; as ends in themselves. different people in any field. Some of your floor ofStockton, the new reading room is '(acuity. You should avail yourselves teachers will preach sermons that will be particularlymeaningful.' imaginatively of both. . Their worth should not be measured by whether. they give you an "A".nr not. I directly contrary to the texts that are For those of you who are first-year '.The study of law cannot be the ex-. taught in the class next door, or to the one I studentsthis year, I have a particular perience that we all would like it to be I have heard students say: "I really learned that field from him, but Ihate him for the am preaching today. This is not ~essage.The first thing Iwant to tell you unless we can agree on some ground rules necessarily to be lamented, but it is a fact ~thatwe are proud of you, proud that you of how together - teachers and students - grade he gave me." Wha t we learn from each other' is part of to be recognized. One of the things that you chnseus and proud of the achievement resolve to treat each other. In a recent talk the storehouse of knowledge from which will hear (,ften as first-year students is !hatmade it possible for you to choose us. at the annual meeting of the Association of that you should learn to think like lawyers. Thisentering, class occupies an historic .. American Law Scho01sJn January of this we gather sustenance to the end of our days. The knowledge we acquire from a Let me enter a dissent opinion. Don't placein the life of our school. Although we year, Dean Terrance ~ndalow of the 'always think like a lawyer. Think first and havebeen building this new Law Center University of Michigan La~ School made teacher far surpasses in value and meaning any particular grade, high or foremost as a human being -as a person for four years, your class will be the first these remarks, on the way ",-W teachers low. with-some responsibility for the kind of 10 havethe full benefit of these facilities. should regard their students: 'It does not society we live in, with some kind of follow from the fact that our students will Evaluate your, teachers on your sound. }e hope that by the time you leave this instincts and not on the gossip of the sensitivity for other things in life besides ""11001 you will have formed a deep at- shortly undertake professional obligations hallwar:>. Those who help us learn will not law. You mayor may not be a lawyer, but ~chrrientto it. An educational experience . of service that we are entitled to treat always be the same teachers for all of us. you are always going to be a human being. ~a shared experience. It cannot be en- them as instruments. Their status as We all react each other differently. But The obligations.jsef the latter take ~elYdependent on either the teacher or persons, as sources of value rather than to if you learn a body of law and you learn it precedence over/the former. ' estudent. Much of the.responsibilty for merely a means by which value is at- well, if it captures your imagination, that You are here to embark on what I think lilaking your law school experience tained, is diminished if we 'abstract from you wil! find to be the most memorable llleaningfulwill be on us; the faculty, staff, them the roles they later will play in learning is yours forever. The examination process is necessary for a educational year of your life. I hope you ~~ administration, but a substantial' relation to others, seeking only to equip learned profession, entry into which is enjoy it. I believe you will. We in this law ~den will be on you as well. It is easy to them for those roles~ Appropriate respect licensed. But grades should not be thought school - faculty and staff - will do gripe. It is harder, but in the long run for them as persons require that we take of as the purpose of education - they are everything in our power to be sure iris the llluchmore productive and much more as the main object of legal education the enriching experience that you and we want UsefUl,to contribute and to share. enhancement of their capacity to realize an adjunct to it. Those of you who come from the farming it to be. You have an immensely stimulating . their human potential as it is understood in Iwish you great sucCess in y~ studies. ylhaeaheadar of you. There is no question our culture." regions of this country know that all crops Martin Burber 'talked about· the' don't grow at the same rate. We have early· t you can tackle the work. You would Jerome A. Barron notbe here if you could not. Nearly five necessity, of cultivating an "I-Thou" bloomers and late .bloo',Ders. Some people I •. ,~ ,"" "--_. \",. .., . -'-.t.'~ PAcii'12 , Monday Se • pt 24 by Julie Riley .' funny, defiant,.and UPlift' . d celebration of the ho Ulg c0!llJn1lnl "Woza everyone, llrlSe against apar- Woza Albert Uplifting fellow human beings burs and praYs theidl"This was the message proclaimed high security prison for political activists. You wili laugh and a continenta throughout washington after the Sept 6th the cast discussed the incident on the bus y opening of a one month engagement of the back to Johannesburg, they began a Morena, standing in the prison cemetery, these brilliant ac~~~~aud~Ild c;a acclaimed two-man South African play, religious and political debate over what speaks the word "Woza" which means exuberant, bitingly h bring tbei "Woza Alberti." Before the Arena Stage Morena (Jesus Christ) would have done arise. One by. one calling their name, poingnant fantasy of the urnorous an nm, ~.the dynamic duo toured Harlem, had He been in the audience. Ngema and Morena ressurrects the great civil rights alive. I Whole hear~d ofaPartbei Philadelphia, seattle, and Berkley, as well Mtwa further refined the notion into a leaders of South Africa who lost their Uves "Woza AlbertI" It . Y reco!llJn as. Europe and ,South Africa. The co- imagined Second Coming of Jesus Christ, in the battle for freedom starting with .thought Provoking :~t s:rnUiating:d performers - ~authors, Percy Mtwa and and developed this theme in view of the Albert Luthuli, the Zulu chief awarded the particularly timely in light ~he .theatre! MbOngeni Ngema;,collaborated to write Bible and Christianity in South Africa. Nobel Peace Prize for his work against . outbreaks of violence in J therece~ and 'perform the.fantasy satire of the The young black performers knew they apartheid., Perhaps too, it may Wident~hannes~. .Second Coming of Morena (the Sotho word . would need help getting the project off the . "Woza Alberti" is not an embittered narrow study of law and just' alltoo often for Jesus Christ).in South Africa. ground and chose to ask Barney Simon, an militant play to be shi~ away from. It is a. _ by m~t American law SCh:~dvocaled Arena's Kreeger' Stage is perfectly. influencial white director, to join them in suited for the play. The theatre in the their provocative venture. Intrigued, round.illusion places the action of "Woza Simon consented and initiated a cross- ."'NLC Football Albert!" in the ce_ of the audience. The section survey of South. Africans,' posing ! spirit~ actors ~W'the audience into an tlie. question "What would you'like the by Irwin ,lien; :,. tramural program with th& I . intimate. conIriiunication sharing '.. Lord to'&> if He came to SouthAfrica?"winning the A league and M lit TROLLs thou,gh.ts, movem. .eilts.·; tasteS. and smella. ,The. com.pil.ation of responses of. tbesiek; .. '. The case captions read: TROLLS v. making it tci'tbe senu.f Iso'"Ol'Manua ci , .. . ' , th . Ith the wbit.. the' Chattle nustlers Mom... Manus v 'league.' .. ",'. lI1a .'., l2le B This;;unique participation 11 ..·.·di~sae~.tand·· e.. weaprisoned~'• .1S. tbe· 'Exhausted RemeeUes.· and' Reason.hI; ;'.' achie~ by tbe.a