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11-1-1994

The Docket, Issue 3, November 1994

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Vol. XXXIV, No. 1 The Villanova School of Law November, 1994 Ml LAW The Impact of International Trade The Sentencing Controversy: Punishment Agreements on the Environment and Policy in the War Against Drags

by Nathan M. Murawsky International Environmental Law. Mr. by Nathan M. Murawsky and Division of the Attorney General's Office in On Saturday, November 5, the Housman discussed the procedural issues in the Bryant Lim Richmond, VA. She also served as an Environmental Law Journal presented its sixth interplay of trade and environmental policies, On Saturday, November 12, the Villanova Assistant U.S. Attorney in the Civil Rights annual symposium titled "The Impact of noting that the procedural systems for trade Law Review held its Twenty-ninth Annual Division of the Justice Department. Judge International Trade Agreements on the and environmental law differ enormously. Mr. Symposium titled "The Sentencing Spencer has written extensively, including Environment." Turnout for the symposium Housman stated that the major distinction Controversy: Punishment and Policy in the Prosecutorial Immunity: The Response to neared 100 people, many of whom were local between the two areas was that trade rules are War Against Drugs" Approximately 100 Prenatal Drug Use, 25 Conn. L. Rev. 393 attorneys gaining Continuing Legal Education often "closed door" proceedings, while people attended the symposium, including (Winter 1993). Board Credits for attending. environmental rules are primarily "public- numerous professors and student group Judge Spencer began by raising the Dean Brogan welcomed the guests and gave driven" and more transparent. The results, leaders. question if our society was irrationally a brief speech on the topic of the symposium therefore, are often a conflict of procedures After a short welcome by Dean Garbarino, dependent on incarceration to eradicate the followed by the introduction of the moderator between the EPA and trade agencies. Mr. moderator Professor Donald W. Dowd gave an drug problem. Judge Spencer explained that and the speakers. Housman stated that the solution to these introduction into the issue before the panel. the majority of prisoners are "low-level" drug The moderator for the symposium was conflicts would be to open trade proceedings, Professor Dowd explained that the sentencing offenders. This group consists of mostly fu-st Villanova University School of Law Professor thereby preventing "closed door pork- controversy was a symposium topic seventeen time offenders for possession, and more John F. Murphy. Professor Murphy is on the barreling." years earlier, and that many of the problems importantly does not cover the more dangerous Council of the Section of the International Law The second speaker was Mr. Steve that were addressed then still existed today. people involved in drug trafficking; "the and Practice of the America Bar Association Wolfson, an attorney with the Environmental The first to speak was the Honorable people who really need to serving time." and has been invited to co-direct a joint project Protection Agency in EPA's Office of General Margaret P. Spencer. Judge Spencer Judge Spencer concluded that "we are between the American and Israeli Branches of ' Counsel. Mr. Wolfson specializes in graduated from the University of Virginia incarcerating the wrong offender. Rather we the International Law Association on Dispute international environmental legal issues and on School of Law and currently serves as a should be incarcerating the people responsible Settlement in International Trade. the regulation of international trade in General District Court Judge for the City of for the origination of the problems." Furthermore, in 1992 he received a Certificate pesticides and toxic chemicals. Mr. Wolfson Richmond. Before her appointment to the The next speaker was Professor David N. of Merit by the American Society of discussed the problematic laws regarding the bench, she was an Associate Professor at the Yellen. Professor Yellen is a graduate of International Law in 1992 for his casebook The import and export of pesticides as an example Marshall-Wythe School of Law at the College Cornell Law School and is an Associate Regulation of International Business and of the emerging multilateral prior informed of William and Mary. Judge Spencer is a Professor at Hofstra University School of Law. Economic Relations. consent system as it relates to exports. Mr. former Assistant Attorney General," having LAW REVIEW Cent on Page 2 Professor Murphy introduced the members Wolfson explained that while the use of many worked in the Appellate Section, Criminal of the "distinguished panel" and then pesticides is illegal in the U.S., the export of commented that the title of the symposium these chemicals is permissible. As a result, could be reversed to the impact of the these chemicals are often sent back to the U.S. Sports and Entertainment Law Society Symposium environment on international trade agreements, on imported food and products. The noting the symbiotic relationship between the significance of this problem with pesticides, two areas. Mr. Wolfson explained, symbohzes the lack of "Major League Baseball: Labor's Fall Classic or Classic Fall" The first speaker was Mr. Robert Housman, ENVIR. LAW Cent on Page 4 a staff attorney with the Center for by Matt Kelly Orza believed differently, stating "I can On Thursday, October 27, the Villanova guarantee that the reason [Giles] is not here is Sports and Entertainment Law Society not because of negotiations." SOMEONE YOU SHOULD KNOW: presented a symposium titled "Major League After a brief introduction by Michael Siegel, Baseball: Labor's Fall Classic or Classic Fall" president of the Villanova Sports and LORRAYST. CLAIRE to discuss the reasons for and ramifications of Entertainment Law Society, panelists quickly the current Major League Baseball strike. delved into the issue of why the disagreements Among the panelists were Eugene Orza, between owners and players resulted in a Associate General Counsel for the Major strike. Mr. Orza noted that Major League League Baseball Players Association; Jeffrey Baseball owners are not subject to competition Moorad, equal partner in the law firm like that which exists in other industries. As a Steinberg & Moorad, the nation's largest firm virtual monopoly, Orza stated, the owner representing professional athletes and media "cartel" has great political leverage in the cities personalities; and Gerald Crawford, veteran in which the baseball clubs are situated. They umpire and president of the Major League may ask city mayors for tax breaks, favors, and Umpires Association. Moderating the event exemptions using threats of moving their were Dean Garbarino, chairperson for the ballclubs to more "accommodating" cities as Villanova University Professional Sports leverage. "They are therefore not subject to the Counseling Panel and Jody McDonald, same disincentives regarding labor relations as Philadelphia sports radio host for the all-sports any other industry." radio station 610 WIP. Orza further noted the reason behind the Conspicuously absent from the symposium existence of the American and National was William Giles, President and General baseball divisions: to reduce the price of Partner of the Philadelphia Phillies. Mr. Giles baseball players. Competition between the two was purportedly missing for continuing divisions is eliminated when they are negotiations in Washington D.C., although BASEBALL Cont on Page 4 The most recent addition to the Villanova Legal Writing program is Lorray St. Claire Brown; originally from Kingston, Jamaica. The Villanova Law Docket U.S POSTAGE by Rich McGuire Brown decided to switch gears, and choose to Villanova Law School PAID The most recent addition to the Villanova teach. After teaching as an adjunct professor, Villanova, PA Villanova, PA 19085 Legal Writing program is Lorray St. Claire she applied to local schools for a full time Permit No. 5 Brown. Originally from Kingston, Jamaica, position. Ms. Brown came to the United States to attend As for Villanova, Ms. Brown brings the Non-Profit Organization High School in Philadelphia. From there, she practical perspective of an actual practitioner »i ii received her undergraduate degree from the to the classroom. Furthermore, she finds the University of , and then students at Villanova to be "great" and very proceeded to the University of Pittsburgh Law "insightful" to what she described as complex •I; School. legal issues. The Docket welcomes her (albeit After several years of private practice, belatedly) to the Villanova Law School which included time with the ACLU and the Faculty. city law department of Philadelphia, Ms. In

• ^ II November 1994 • THE DOCKET • Page 2 Student Bar Association

Novembers, 1994 Steve Odabashian, Steve Brancato, Melissa student services. Francis, Geri Kernisan, Lauren Lonergan, The Student Bar Association is Members Present: Chris Boccacio, Rob Kracht, Phil Degnen, • SBA Student Phone Directories will be looking for students who have ideas Steve Odabashian, Steve Brancato, Melissa Holli Sands, Carlos Guzman, Keith Forkin, available next week. for hats and T-shirts for the law Francis, Lauren Lonergan, Chris Boccacio, Jonathan Spadt, Rob Weiser, Michael Mullen, school community. Rob Kracht, Phil Degnen, Carlos Guzman, John Scheib, Erin Henderson, Mark Mayrides • TTie Karaoke TG is tommorow at 3:30 p.m. If you have any suggestions,please - Jonathan Spadt, Rob Weiser, Michael Mullen, in the cafeteria. contact Chris Boccaccio at the ZBA John Scheib, Tim McDonough • BUY YOUR SWEATSHIRTS IN THE office in Room 3^. CAFETERIA OR FROM AN SEA • There will be another law school night at the The SBA would just like to remind all • Congratulations to the winners of the MEMBER !!!!!!! Irish Pub on November 17. Drink specials will Villanova Law students of the current law school Negotiation Competition: Sue Pliner/Sean be the same as last time. smoking policy. The present smoking policy bans] Porter; Dominique Huneycutt/Matthew • Barrister's : February 3, 1995. More smoking in all areas of the law school building, Meyer. details to be announced. • Holiday party on December 6, the last day of except for the smoking section of the cafeteria. classes. More details to be armounced. There is some obvious confusion as to what • Barrister's Ball is February 3, 1995 at the • Thanks to all who participated in the constitutes the smoking section of the cafeteiia. Sheraton Valley Forge. More details later. Outlining Session for the IL's • The law school community will celebrate the The cafeteria's smoking section (from the end of the graded memo project in some perspective of a student entering from the parking • There is a microwave for use in the cafeteria. • Blood Drive, November 17, 1994 at St. manner on Monday, November 21. lot) consists only of the tables against the walls to Thanks to Phil Degnen. Mary's Gym. Please donate. the left-hand side, and the row of tables adjacent to •NEXT MEETING THURSDAY, those wall/window tables. The smoking section • Next meeting Thursday, November 10. All • Tickets will be available to law students for NOVEMBER 17, 6PM IN ROOM 102. ALL does not make up one-half of the cafeteria. Part of are welcome Villanova Basketball Games. Keep an eye out ARE ENCOURAGED TO ATTEND. the problem is that first-year students were never for signs announcing how to get them. No informed of the policy and the problem is November 10, 1994 tickets are available for the exhibition games. GOT an IDER FOR R definitely not their fault. Hopefully through this HHT OH T-SHIRT TRRT YOU WOULD reminder apd through additional signs, table Members Present: • Student Photo Directories are available in LIKE TO SEE THE SBR HIRKE? teepees, etc., the situation will get resolved.

LAW REVIEW Cont from Page 1 inequities in the Sentencing Guidelines. Formerly he was a staff attorney for the U.S. Mr. Eric E. Sterling, a graduate of Villanova House of Representatives Judiciary Committee. University School of Law, was the fourth Since joining the faculty at Hofstra Law speaker. Mr. Sterling currently serves as School, Professor Yellen has written President of the Criminal Justice Policy extensively on federal sentencing matters, Foundation in Washington, D.C. Mr. Sterling writing numerous law review articles and co- is Editor-in-Chief of "NewsBriefs," the authoring a leading treatise. Federal Sentencing newsletter of the National Drug Strategy Law and Practice. Network and has served as Counsel to the U.S. Professor Yellen began by claiming that House of Representatives Judiciary Committee. "the Sentencing Guidelines are a mess!" He Mr. Sterling was also an adjunct professor at believes that the commission on sentencing American University School of Justice, guidelines created by Congress incorrectly used teaching courses on International Narcotics and mandatory minimums as the basis for the Organized Crime. guidelines. Professor Yellen stated that such a Mr. Sterling was also very critical of the basis has developed into a system where the mandatory minimum sentencing policies and sentencing is not realistic. "As sentences are moreover, was highly critical of the Republican based primarily on the amount of drugs a Party's "Contract with America". Mr. Sterling person who has 200,000 doses of pure LSD can focused on the inevitable conflict between theoretically get the same 10 years as a person actual progress on crime and politics, stating SBA REPRESENTATIVES WILL BE SELUNG who combines his LSD habit and his drug habit that "[w]hoever is tougher is how policy is by putting one does of LSD on a Devil Dog." made in Washington D.C." Mr. Sterling Third to speak was Ms. Toby D. Slawsky. commented that until the political aspect of THE SWEATSHIRTS IN THE CAFETERIA Ms. Slawsky is a graduate of Temple drugs can be removed, the problems associated University School of Law and currently serves with drugs will never be effectively solved. DURING LUNCH HOURS OR STOP as Circuit Executive for the Third Judicial The fifth speaker was Phyllis J. Newton. Circuit of the United States. Before her Ms. Newton is the staff director of the United position as Circuit Executive, she served as an States Sentencing Commission. Ms. Newton BYTHE SBA OFFICE IN ROOM 34. attorney in the Administrative Office of the was first employed by the Commission in early General Counsel of the United States Courts 1986 as a research associate, and has served as where some of her duties included working staff director since October 1989 following ONTTJy with the United States Sentencing Commission. oversight responsibilities for the Office of She also served as an attorney in the Office of Training, Evaluation and Monitoring. Before General Counsel at the Department of Justice. working at the Commission, Ms. Newton spent Ms. Slawsky agreed with the previous five years working on domestic violence related speakers that mandatory minimums for drug research at the University of California, Santa offenders created "unwarranted disparities" in Barbara. She received an undergraduate degree the system. Ms. Slawsky noted, however, that from Ohio State University and graduate a "safety valve" provision that allows judges to degrees from Arizona State University and T look back at mandatory minimums was a large University of California, Santa Barbara, where part of the recently passed crime bill. Ms. her academic work focused primarily on Slawsky stated her belief that this provision sociology and criminology. when applied should resolve some of the LAW REVIEW Cont on Page 4

WILL HAVE ITS NEXT STAFF MEETING ON JANUARY 11

AT 2.-.40 P.M. IN . . . .J: y On Saturday, November 12, the Villanova Law Review held its 29th Annual Symposium: ROOM 34. The Sentencing Controversy: Punishment and Policy in the War Against Drugs" November 1994 • THE DOCKET • Page 3

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ENVTL. Cont from Page 1 for a reception. At the reception, the panelists imfair" that the sentencing policies were com­ Dalzell. Judge Dalzell graduated from the lack of U.S. policy in the international envi­ and numerous students gave excellent marks to pletely unpredictable. The solution, Mr. Can- University of Pennsylvania Law School and ronmental arena. the Environmental Law Journal and Pam explained, lies in the Sentencing Guidelines. currently serves as a District Court Judge for Gerald Hapka, a twenty-eight year member Clarke, the symposium editor, for a topical and "While the guidelines may not be perfect, the Eastern District of Pennsylvania. Before of the Corporate Counsel for the DuPont de important discussion on a globally significant uncertainty is largely eliminated with the his appointment to the federal bench by Nemours and Company next spoke on the legal issue. guidelines." President Bush in 1991, he served in the com­ issues raised by the Vienna Convention and the The seventh speaker, Mr. Michael J. Holston mercial litigation department at Drinker Biddle Montreal Protocol that can be used in the man­ is a graduate of Villanova Law School and is a & Reath in Philadelphia. The author of numer­ agement of global environmental issues. Mr. LAW REVIEW Cont from Page 2 senior associate at Drinker Biddle & Reath in ous publications. Judge Dalzell wrote Client Hapka commented that the main problem with Ms. Newton, the staff director of the Philadelphia. Mr. Holston is an integral part of Service in a Defender Organization: The environmental reform was that such reform Commission on Sentencing Guidelines was not Drinker Biddle & Reath's white-collar criminal Philadelphia Experience, 117 U. Pa. L. Rev. often begins with economic purposes. as critical as the first four speakers on the effec­ defense group, which represents organizations 448 (1969) (co-author); Hie State Preemption Consequently, the most effective environmen­ tiveness of mandatory minimums. Ms. Newton and individuals on a national basis. Mr. Holston Doctrine; Lessons from the Philadelphia tal proposals often "take a back seat" to the explained that minimum drug sentetjcing need­ is a former Assistant United States Attorney, Experience, 33 U. Pitt. L. Rev. 205 (1971); economic obstacles that arise through imple­ ed to be passed by Congress before the having worked as a prosecutor in the criminal Torts in the Court - Is There Any Hope?, Risk mentation of the proposal. Mr. Hapka believed Sentencing Guidelines could come into effect. division of the United States Attorney's office Management, March 1988; Torts in the Courts that the Montreal Protocol was a model treaty While such a process may have been a mistake, for the Eastern District of Pennsylvania from - Yes, There's Hope, Risk Management, Sept. that adequately addressing economic matters Ms. Newton believed that mandatory mini- 1990-1993. As an Assistant United States 1988. Most recently, Judge Dalzell co- without compromising the environmental agen­ mums were still a much more efficient system Attomey, he prosecuted more than 100 criminal authored Is the Twenty-Seventh Amendment da of the agreement. than what previously existed. cases, including more than 20 jury trials in the 200 Years Too Late?, 62 Geo. Wash. L. Rev. The last speaker was Mr. Mark Sandstrom, That view was shared by Mr. William B. United States District Court, and more than 20 5(X)1 (1994) (co-author). previously an attorney in the Office of the Carr, Jr.; the sixth speaker. Mr. Carr is a grad­ appeals before the United States Court of Judge Dazell was the only speaker who was Assistant General Counsel for International uate of Cornell Law School and has been an Appeals. clearly in favor of the sentencing guidelines. Affairs of the United States Department of Assistant United States Attorney since 1981, Mr. Holston began by noting that "the Judge Dazell stated that he was totally in favor Treasury and a Professional Staff Member of concentrating in white-collar criminal cases. Sentencing Guidelines are here to stay." Mr. of the guidelines. However, Judge Dazell the United States Senate Committee on Formerly, he was an associate in the litigation Hoslton stated that downward departures away noted that he was not a judge while the previ­ Finance. Mr. Sandstrom first stated that he was department at Morgan, Lewis & Bockius in fi'om the guidelines are the "defense counsel's ous system was in use, and therefore could not a "pro-environment trade lawyer" and further Philadelphia. Mr. Carr guest lectures regularly promised land", however, he believed that such compare the current guidelines to the old pro­ noted that "trade laws are not inherently anti- at Villanova and Rutgers Law Schools on the a shift if sentencing policy is highly unlikely. cedures. Nonetheless, Judge Dazell stated that environment." Mr. Sandstrom explained that sentencing guidelines. He also lectures at sem­ Mr. Holston explained that through a defen­ "I know what I see as a Judge, and I like the the conflict between trade laws and the envi­ inars on the sentencing guidelines sponsored by dant's cooperation with the government, a Sentencing Guidelines as they are." ronment originates from a lack of concern the American Law Institute, American Bar defendant can have his charge reduced below a After a brief question an answer period, the regarding the clean up of other countries. By Association, Philadelphia Bar Association and certain level, thereby giving rise to a lesser sen­ panelists and the audience were invited into the focusing on countries with less sophisticated the United States Attorney's Office. tence. Through these guidelines the prosecu­ cafeteria commons for a reception. environmental procedures, Mr. Sandstrom Mr. Carr espoused the same view of Ms. tion has wide discretion is whom they wish bar­ Symposium Editor April Byrd was pleased with believed that existing problems could be more Newton that the Sentencing Guidelines in place gain with, and consequently, can more effec­ the symposium, and received high praise from easily solved. now substantially better than the previous sys­ tively get additional information on other drug numerous administration and faculty members After the symposium, the audience and tem. Mr. Carr explained that in pre-guideline offenders. for a well educated and informative panel. guests were invited to the cafeteria commons practice, "discretion was so unfettered and The last speaker was the Honorable Stewart

Villanova Law School BARRISTER'S BALL

February 3, 1995 Valley Forge Sheraton

check the SBA bulletin boards for more Information J ILmFP= November 1994 • THE DOCKET • Page 5

'DOCK^I Natural Law XradLition and tKe 'DDITOSJilL To the Villanova Law Community, By David Daigle matter of taste. [The student] will know that laws, but from God: "We hold these truths to Every month I sit in front of this mass People ordinarily study philosophy when man is not the measure of all things, but that be self-evident, that all men are created equal, machinery called the Docket computer and they go to college, but most law students were man is measured by the truth, which is the that they are endowed by their Creator with try to come up with something worthM4ill< not philosophy majors in college. conformity of the will to objective moral certain unalienable rights, that among these are Nevertheless, whether you have taken any standards." (23 American Bar Association life, liberty and the pursuit of happiness." to write about. This month, however, ii formal philosophy courses or not, all of us Journal 926). Although the traditional philosophy of ;

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BASEBALL Cont from Page 1 players, but the smaller clubs would rather encompassed within the same major league. keep things as they are. If revenue sharing is Owners also enjoy profits resulting from the in place, however, the small clubs might agree competing networks for television rights, from to a salary cap in exchange for money from the vending companies for the sale of hot-dogs, big clubs. CLIENT COUNSEUNG and from companies competing for the rights Crawford suggested that a salary cap was to use team logos on T-shirts, hats, pennants, not the answer to the problem, and offered that etc. They thus enjoy the benefits of somehow the owners would eventually get COMPETITION competition without having to be subjected to around a cap if they wanted a player badly it. enough. Jeffrey Moorad pointed to another problem Jody McDonald asked "how can owners ask WILL BE HELD ON EFTHER in the dispute between players and owners; the players to go from a 58% share of profits to application of "old-school analysis" to a big 5% when baseball is still making money?" FtBRUARY 26 OR MARCH 5. business, multi-media situation. "This is no Moorad agreed, reminding the audience that longer a group of teams run by owners," these players are among the best in the world Moorad stated, "but with media managers, in what they do. They have an incredible lawyers, and other industries involved, it has talent level and should be compensated for become more of a big business problem of making into the arena of professional sports, a THE NATIONAL AND INTERNATIONAL increasing complexity." feat accomplished by only a select few. Moorad also noted that although it is hard Orza contended that the ball players are not ROUNDS WILL BE HELD MARCH 31 ST- to feel sorry for a baseball player making 1.2 greedy, but that they are giving up money now, million dollars per season, those salaries have by not playing, so that future ball players can APRIL 2ND IN ST. PETERSBURG risen proportionately to the rise in revenue benefit. Some are giving up over one million from the baseball leagues, and should not be dollars and part of their short professional FLORIDA. considered astronomical in light of the overall lifespan so that labor conditions will improve profits from the industry. for those who come after them. Gerry Crawford, giving the umpire McDonald did not agree with this favorable perspective on the strike, tended to side with rendering, adding that players like Dave THE DEADUNE FOR SIGNING UP IS the players, offering that "management has Winfield should riot be so canonized for their created a monster, and has been unable to manipulation of professional teams for greater WEDNESDAY. JANUARY 11. 1995 control it. They now want the players to salaries. (Winfield bargained between the control themselves." Toronto Blue Jay and the Detroit Tigers for a Moorad compared the current baseball 2.25 million dollar salary.) situation with professional football and McDonald then asked Orza how long the MOOT COURT BOARD REIMEL SCHEDULE basketball, stating that the challenge of the players would hold out before they agreed to baseball owners will be in distributing big something as undesirable to them as a salary revenues among the smaller clubs, and to the cap. Orza replied "through the 1995 season at players. In professional football and least." basketball, a meaningful revenue sharing A few disgruntled fans in the audience Friday - January 13 program has worked in distributing the lion's proposed the organization of a class action share of revenue among the teams. Baseball lawsuit by baseball fans against major league Quarter-Final Briefs Due owners will have to "bite and get baseball to end the strike, and one audience realistic," Moorad said, in order to resolve the member had already begun such a plan. Still Saturday - January 28 dispute. others have retired their team hats and On the subject of salary caps, Orza stated abandoned the sport all together; a growing Quarter-Final Arguments, Semi-Finalists Announced "a salary cap is a rule by which an owner pays trend which, if the dispute is not resolved by less than market value for a player. Who next season, could seriously impair the future Wednesday- Februarys would agree to that?" He noted that big of major league baseball. As one fan put it: baseball clubs desire caps to curb spending on "something's gotta give." ' Semi-Final Briefs Due

Tuesday - February 21 ATTENTION JD/MBA STUDENTS Semi-Final Arguments

Friday - March 3 "The MBA Spring Registration Final Briefs Due and course offerings are now available. Vbu may pick up Saturday - March 18 materials in the MBA. Office or FINAL ARGUMENT call Mrs. Weust at 51 9-4209 NOTE: This schedule is tentative and schedule to for an appointment to register. change at the discretion of the Moot Court Board. ISovember 1994 • THE DOCKET • Page 7

Natural Law Cont from page 5 "law of God and nature" as the ultimate source Perhaps the events cited above and the to a Hall of Fame type comeback vs. the He insisted that right is not a postulate of a of law for certain rights. countless others like them point to a deeper Broncos on Monday Night. Come playoff pre-existing framework within which law must On November 18 at 3:00 p.m., Dr. rooted ill in America. Perhaps they are a time, Joe is the man you want on your side, operate, but is actually a product of the law: "I Frederick Wilhelmsen will discuss the issue of signal that all is not well in "the land of the and it looks like Kansas City will be there with think that the sacredness of human life is a natural and positivisic jurisprudence in a 45 free and the home of the brave." I remember a healthy Joe and a strong defense featuring a purely municipal idea of no validity outside minute lecture, entitled "Natural Law Tradition during the first inauguration ceremonies for the rebuilt secondary and a ferocious pass rush. the jurisdiction. ... I see no reason for & the American Political Process." Dean late former Mayor Harold Washington, the The Chiefs just need to stop the run, a attributing to man a significance different in Frankino will introduce the speaker and first black mayor of Chicago, he stated it is weakness viscously exploited by the Bills in kind from that which belongs to a baboon or a present the opening remarks. Following the hard being a black male in America. Perhaps the AFC Championship game a year ago. grain of sand." (Holmes-Pollock, Letters, Vol. lecture will be a light reception. Dr. he had the insight to see that although our The Bills and Jets are a gambler's II, pp. 13, 36, 252). He insisted on divorcing Wilhelmsen is professor of politics and schools are integrated and our doors are nightmare. One never knows if Dr. Jeckyl or all considerations of morality from the law, philosophy at the University of Dallas. He theoretically opened to all who seek asylum Mr. Hyde will arrive at the gridiron. This was insisting, for example, that the violation of a holds an M.A. from the University of Notre here, the United States has a serious problem perfectly illustrated in their Week 10 matchup contract entails no more than a liability for Dame, and a Ph.p. from the University of within its borders. Its promise of freedom and in which the Bills dominated the first half, up damages. He explained, "But such a mode of Madrid. He has written extensively on the self-determination has a decidedly limited by eleven, only to see the Jets come back in looking at the matter stinks in the nostrils of Christian confrontation with modernity. T-he scope for the black»male. He is free, yet the second half to win. In the playoff picture those who think it advantageous to get as much St. Thomas More Society is proud to sponsor subject to the false accusations of a racially Buffalo will lose if the teams are tied in the ethics into the law as they can." (Path of Law, this lecture, and cordially invite all to attend. intolerant and biased populace. He may end because the Jets swept the season series. p. 172). He rejected the idea of absolute rights, determine his destiny as long as he does not The Steelers are world beaters on defense, a and the possibility of absolute truth, and once OPEN LETTER Cont from Page 5 happen to look like the fictitious bogeyman throwback to the days of leather uniforms and said that "truth was the majority vote of that having confessed to drowning her young sons. created in the minds of those who are afraid to no helmets on offense. The Steelers, with Neil nation that could lick all others." ("Natural (See R. Davis, "Town Feels 'Pain, Betrayal,' look in the mirror to see the real criminal. O'Donnell nursing a sore elbow simply have Law," Papers, p. 310). Outrage," USA Today, Nov. 7, 1994, at A3.) As future lawyers, we represent a been unable to generate much downfield. Bill In 1951, Herbert Hoover, speaking of our Like any other senseless crime, the above specialized group charged with the formidable Cower is instead content to let the offense not nation said: "Our greatest danger is not from tragedies involve many victims and many task of upholding the law. We study black lose it by handing off 35 times a game, and let invasion from foreign armies. Our dangers are unanswered qiiestions. What could drive a letter law and its application to various fact the defense win it. that we may commit suicide from within by husband to stoop to the level of brutally patterns in an endeavor to learn rules and The Raiders are my pick to emerge out of complaisance with evil. Or by public tolerance murdering his wife and causing the premature general lawyering skills. Whether we are the middle of the pack. They have begun to for scandalous behavior. Or by cynical birth and death of his own child? Or a young wearing the hat of advocate, investigator, establish a running game with Harvey acceptance of dishonor." Perhaps we should mother to drown and mutilate the body of her counselor or intermediary, we play an Williams. They have proven leadership in Jeff add those philosophies which not only young child? And then there are the children; influential role in the fabric of American Hostetler. Most importantly, they have one of contradict, but sweep aside the very foundation beautiful, young, innocent, trusting and society. It is my hope that in our development the best secondaries in football led by Terry of our national form of government. The legal betrayed. They have been betrayed by the we are also challenging our minds to expand. McDaniel, with six . With philosophy of Holmes, and those who very ones who offered then the chance at life. There is no place in our society in particular comerbacks capable of man to man coverage, consciously or unconsciously accept his views, Yet there is another group of victims that and our world in general for the repeated and a defense is free to stack the is a philosophy which can be used to justify all has been equally betrayed in these matters. continued victimization of the African- to stop the run or blitz the without the atrocities of the totalitarian forms of This victim is the African-American male. Americeui male. I do not mean to suggest that the worry of being burned deep. This is a government which have created and maintain Almost without question, mainstream America all accusations are faulty. Clearly this is not trademark of A1 Davis teams that does not world disorder, and whicn ignore the dignity of accepts as a conclusive presumption the the case. But what I do mean to say is that we receive the notoriety of the vertical passing humankind and the sanctity of rights and life. allegation that a criminal perpetrator is a black must reassess and restructure our game but is just as prevalent in Raider history For this reason, we should all acquire not only male. Many young African-American males administration of justice in America. No (remember Lester Hayes and Mark Haynes?). a thorough knowledge of what the law says have been stopped, searched, detained and longer should we provide an environment John Madden wrote in his first book that he and means during our legal education here at otherwise accosted based on factless whereby innocent and often upstanding people and A1 Davis used to disagree as to the number Villanova, but also a thorough knowledge of accusation, suspicions and general paranoia. are subjected to the whims of a decidedly one need of any football team, an offensive what the law is in relation to its ultimate Much more disturbing however are the witch­ fearful and fantasy prone public. line or a strong secondary. They both agreed sources, and, perhaps more importantly, what hunts resulting from total fabrications made by they were one-two in importance. This it should be. In Sources of Law, First Year those in the mainstream who have learned that NFL Cont from Back Page philosophy is still present in Raider land and is students are tracing the flow of power and the the best way to commit a crime and avert Kansas City has been a very un-Joe like a big factor in the team's current and future origin of certain rights and grants. Natural Law attention is to point to this nation's easy streaky offensive team this season. From two successes. philosophy goes so far as to acknowledge the scapegoat, the black male. games of despair, including Joe's first shutout. TO ALL CLUBS AND CROUPS ADVERTISE YOUR EVENTS IN THE DOCKET

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by George R. Tsakataras was considerable. San Francisco did a better defense is a takeaway machine, lead by an running backs, stopped the run, played in zone Well, the game of the year has come and job on Emmitt, although there were still times inspired (who it was reported in pass coverage, and was an effective blitzer. gone. As these games usually go, it was not he went four or five yards without being the Philadelphia Enquirer has serious interest This may be morbid thinking, but the injury quite what it was cracked up to be, due to touched. San Francisco did in re-joining the Eagles may make it easier to sign Evans as a free excessive hype and excessive injuries. In a a good job of taking because of better Super agent after the season, although the Eagles will game featuring twenty four former Pro-Bowl advantage of Dallas' Bowl opportunities, certainly face a challenge there from Buddy players, the injured Pro-Bowlers may have overpursuit by starting out better playing situation Ryan. played the biggest part. This game did not the game with a deep play under newly crowned The , with a great feature all the matchups one would have hoped action pass, effectively "player's coach" Rich defense, are one of the best balanced offenses for. One did not get to enjoy the marquee using on Kotite, and win around. One week throws three matchup of vs. naked bootlegs and using conscious, as opposed to and the next Terry Allen scores a (Williams is out for the year while Dent may the reverse to . $ conscious, ownership. couple and runs for a hundred yards. Along be back next week). One did not gain a true John Madden was correct It would be tough to with the Eagles, the Vikings will offer Dallas insight into how the 49ers line could handle in pointing out that these acquire Reggie because and San Francisco their biggest challenge in and Co. because the right side moves displayed a "pull out he owes the Packers two the NFC. of the line, lefthander Steve Young's blind all the stops mentality" but more years and because In the AFC, the Chargers and Browns lead side, was playing together for the first time all failed to mention these of cap restrictions. But, the conference in wins and surprises. The year (with starting tackle playing types of plays can be of use if San Francisco can get Browns are riding a weak schedule into a for the first time since Week One alongside in slowing Dallas' defense Deion. . . ). But the playoff berth (as San Diego did in 1992). The starting tackle Ralph Tamm's backup). Dallas down, if the two teams running game at times Chargers are led by my NFL MVP, second wrecked havoc with defensive line stunts, but meet again, because of their has been pathetic; Green year running back Natrone Means - Week 11 expect them to battle a more cohesive mere presence on film and Bay attempted a near was the first week Means did not have either offensive line should the teams meet in the impact on this game. record, seven runs in one 100 yards or a . playoffs. Finally, one could not truly tell the Finally, one could still see game this year. The Both the Chargers and the Browns have impact will have on this Steve Young getting running game is NFC style running games led by big backs. matchup. True, Dallas scored its only harassed almost every time improving and the short. Means and Leroy Hoard. Cleveland may have touchdown outside of garbage time with Prime he dropped back. What do West Coast passing game the better defense, although some would argue Time getting treatment for a jammed finger. all these insights mean? is, at times like a series that aside from Philly it is untested. San Diego True, Deion's superb man to man coverage Not a lot aside from of short, five yard also has a solid D led by and a allowed safety the freedom to potential home field handoffs. superb secondary. roam the field and enjoy the best game of his advantage in the playoffs, The Eagles have The rest of the AFC playoff picture appears life (even garnering Hanks an "I'm not but remember, Dallas won looked explosive at times certain to include Miami and Kansas City. worthy!!!" salute from fellow safety James the NFC Championship in on offense and very The remaining two wild card births will come Washington of Dallas that Wayne and Garth San Francisco in 1993. stoppable at times. They from the Steelers, Bills, Raiders and Jets - and would have been proud of). This may appear What undeniably showed is definitely looked very will probably come down to the wire (it figures to be convincing evidence but, if the two teams that San Francisco has against the Browns, the Jets would be in the hunt at 5-5, didn't it meet again, will be able to grip definitely stepped up a which is understandable seem that in the late 80's every other season's the ball (Sunday he had a swollen thumb) and notch, and can now be considering the Browns final Monday Night game featured Boomer will be able to run under or leap considered at least a co- are the least scored upon Esiason and other Bengal players sweating out for the ball (Harper suffered a severely favorite to represent the defense in the NFL and another 9-7 season, awaiting the outcome of sprained knee just six days earlier on Monday NFC in the . the game was their playoff hopes). Night Football. Who will join Dallas sandwiched between Forget the offensive line woes of both the Just what can be gleaned from the clash of and San Fran in the NFC? contests against Buddy Cowboys and 49ers, the Miami Dolphins have the two teams universally considered the two The Packers, Eagles and Ryan and the Arizona been the hardest injury hit team in the NFL best teams in the NFL? First, as you read here Vikings all appear to be Cardinals. Defensively, this year. They have lost linebacker John in the initial Docket of the year, this season, solid candidates with the Eagles will be Offerdahl to injury-forced retirement, running with the losses of John Gesek and Kevin Atlanta, Detroit, and without Byron Evans for backs Terry Kirby and Keith Byers, their Gogan, Dallas is much more susceptible to Chicago competing for the the rest of the year (I leading scorer and receiver, for the season, and offensive line injuries. Not that either of these final wild card. guess my campaigning leading rusher, Bernie Parmalee for a few two can compare to Erik Williams, who seems The Packers have for a Pro-Bowl nod for weeks. Parmalee was Dolphin fans' best hope to be getting his greatest media praise in injury overcome their typical B&E is over as well). In for Dan Marino's first one thousand yard than he ever did from pancaking an opponent. sluggish start with inspired his place, Britt Hager running back of his career. Now, the Be certain that Barry Switzer would be more defense and more played well deflecting a Dolphins must rely on an improved defense, comfortable starting either one of them than a consistent play from Brett pass and making a tackle with an AFC high 15 interceptions coming into rookie, Larry Allen, at right tackle. The effect Farve. They say defense for a loss on his first Week 11, and the continued excellence of of Deion on San Francisco's defense, although and a running game win in the playoffs. couple of series. Hager is solid, but the loss of Marino. tough to measure because of Dallas' injuries. Where does that leave Green Bay? Their Evans is big as he covered tight ends and NFL Cont on Page 7 QUASHERS WIN Srd STRAIGHT IM SOFTBALL TITLE

by Rob Kracht 2 lead in the top of the third behind the strong October 30- The Quashers rolled to their hitting of Gene Schriver, Dave Dittman, unprecedented third straight IM Softball title, Michele Sergent and team captain Mark defeating Above Mendoza in the finals in a 10- Powers. However, the Quashers escaped 9 thriller. The Quashers stormed through their further damage in the third when Rockin' Paul season undefeated, led by All-Star shortstop Harley smashed a would-be home run only to Jeff "Very Bad Moon Rising" Young, league run out of gas rounding third and be thrown batting champion/center fielder (.800+) out by the strong arm of Lyons. The Quashers "Thunder" Dan Lyons, slugging left batted around in the bottom of the inning to fielder/team captain Mike "The Cannon" take an 8-6 lead, highlighted by Frey's three- Silbert, sometime utility man Mike "I'll show run shot over the head of a still disbelieving up if Leigh lets me" Lignowski, league ERA Powers. It stayed that way until the top of the leader and All-Lid pitcher/second baseman seventh, when Carlos Guzman drilled a three- "Jammin" Eric Frey, speedy right fielder Chris run homer to deep right to give Mendoza a 9-8 "Lost in the Trees" Losquadro, catcher lead. However, in the bottom of the seventh extraordinaire Lisa "They're Gonna" Paye, rocket singles by Young and Lyons, a sacrifice Front Row: (left to right) Kerry Colasurdo, Jay Hood, Jeff Young, Dan Lyons, lefty first baseman Rob "Put it in the Trees" fly by Silbert, and a tree shot by Mike Lignowski, Lisa Paye. Back Row: Rob Kracht, Eric Frey, Chris Kracht, free agent relief ace Kerry "Rocky" Kracht(redeeming himself for leaving nine Losquadro, Mike Silbert. Not pictured: "Cases Loaded" Colasurdo, and All-Mouth third baseman Jay men on base earlier) and the Quashers had "Yeah, yeah, go pitch" Hood. "Three-Peated". would no longer compete in IM's due to the Young picked Mendoza as front runners for In the finals, the Mendozans came out After leading the team in a victory three-year eligibility rule. Most Quashers will next year, with strong competition from upstart ready for revenge, having lost to the Quashers celebration at Annie's Pub in Ardmore, captain now be free agents to be picked up by firms to first year teams Back, Back, Back and Cases twice during the season. They stormed to a 6- Mike Silbert announced that the Quashers be named later. Outgoing Commissioner Loaded.