Justinian Volume 1984 Article 1 Issue 8 December

The Justinian Volume 1984 Article 1 Issue 8 December

2018 The uJ stinian

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Recommended Citation (2018) "The usJ tinian," The Justinian: Vol. 1984 : Iss. 8 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1984/iss8/1

This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian Like other. governmental action, Supreme Court decisions are not entitled to respect unless they are respectable, -Sen. Sam Ervin Preserving the Constitution Justinian (Michie Co., ed. 1984)

Vol., XLIV Monday, December 10, 1984 No.4

Proposed Day Care Center: Fate' Rests on Results of the Final Survey By JIM DIAMOND ities over the next few years. Fourteen percent The future of an in-house day care center at of them said they currently used child care BLS has been clouded as a result of the poor facilities, at an aggregate cost of $1,500 each response to the questionnaire mailed to all week." Of the people Minda polled in 1983, members of the law school community. The two thirds of those currently using child care validity of this survey, however, has been ques­ services aid they would utilize a day care cen­ tioned by some student leaders, who say the ter at the law school, representing a total of 36 design of the questionnaire and its distribution children. are responsible for the poor response, not a .. Professor Minda undoubtedly had a better lack of interest in establishing a day care response," said Haverstick. "That is what is center. 'the biggest surprise, that informal polling Designed to assist in the preparation of a showed less interest than formal polling." feasibility study, the survey was mailed in late September to a total of 1300 students, faculty But some students weren't surprised at all by and law school staff and was filled out and re­ the small response. They point to the design of MINDA: "An idea whose time bas come." HAVERSTICK: "This will be the last effort." turned by 65 people. After receiving such a the questionnaire and its method of distribu­ small response, Dean Henry Haverstick Ill, tion, rather than a low level of interest, as ex­ Chairman of the Day C¥e Center Advisory plaining the results. Committee, decided to make the questionnaire • Michael S. Schreiber, Vice President of the Mediation Clinic Reflects available on the law school grounds. This Student Bar Association, said, "The way the prompted an additional handful of responses, questionnaire was written, there was no way a bringing the total of respondents to 76 and the lot of people would answer it. The first ques­ Growing 1tend in the Law number of potential child enrollees to 15. tion they asked was, 'Do you have children?' "I'm very disappointed with the lack of Anyboay without children was unlikely to fill By JAIME V. DELlO resolution seminar in the past, and that is why, responses," said Haverstick. "I fmd it very it out." Brooklyn Law School is offering a new clinic after a brief hiatus, BLS is offering the course hard to believe that there are only 76 people Connie Spiro, a third year student, agreed. course for the spring '85 semester entitled again. who would need and benefit from a day care "Most people said, 'oh,' it doesn't apply to Alternative Dispute Resolution. The School Dr. Volpe received her PhD in sociology center in the school." me, ' rather than considering their future needs has appointed Dr. Maria Volpe as an adjunct from New York University, and, though not an The results of the survey run contrary to the and maybe planning the possibility of having professor to teach the cours~. attorney, is a nationally recognized expert on informal poll conducted by Professor Gary children around the existence of a center." Prof. Michael Gerber, who teaches the Civil dispute resolution. She is co-editor of the Minda in the spring of 1983. That poll, con­ American Bar Association Dispute Resolution Schreiber and Spiro say that since the law Clinic Seminar and the Experimental Dis­ ducted during the SBA election, was the basis Papers and a national conference organizer for school spent money to hire a consultant and covery seminar (both of which involve litiga­ for the faculty proposal of November, 1983 the Society of Professionals in Dispute Resolu­ conduct a survey with a large sample, it should tion skills), observed that many legal scholars that commenced the planning for a day care tion. Dr. Volpe is also a consultant to the New have encouraged all students to respond. It and jurists, including Chief Justice Warren facility. 275 people responded to the 1983 poll. York State Dept. of Civil Services where she should have included a self-addressed, stamped Burger, have called for the development of new, According to Minda, "In my survey, serves the Dept. of Labor, Corrections, and En­ 26-280/0 of the respondents questioned indi­ envelope for easy return. non-litigious conflict resolution techniques and endorsed alternative dispute resolution vironmental ' Conservation. She is current­ ~ted th t they would be using child care facil- Continued on page 9 methods. "That is why we offered a dispute ly employed as a full time Associate Professor at John Jay College of Criminal Justice where she established the first Dispute Resolution Program a proved by the New York State Linda Stephens Named as New Placement Director Education Dept. and the New York City Board By JONATHAN RUDIS phens intends to implement several new pro­ Assistant to the Dean for Placement, Carolyn of Higher Education. OnJanuary2,I985, BLSwilJbeacquiringa grams to teach students the necessary skills Le Bel. They are, according to Trager, "to In a recent interview, Dr. Volpe explained valuable asset to its placement program. She is needed to perform well on interviews. One of work as co-equals in a dual program designed some of her plans for the BLS clinic and also young. She is enthusiastic. She is energetic. She Stephens' model programs will be video-taped to help BLS students and recent alumni fmd made some general comments on the current is our new Placement Director, Linda J. Ste­ mock interviews. Students will be able t() jobs with established BLS alumni currently tate of alternative dispute resolution. Accord­ phens. observe their strengths and weaknesses in a working in law firms." . ing to Dr. Volpe, "the clinic is an effort to In an effort to improve the placement pro­ real-life interview setting. Following the inter­ "Our hope is to connect the right students familiarize those who are involved in legal gram at BLS, Dean Trager hired Ms. Stephens view, students will be counseled by Stephens as with the right jobs," said Le Bel. "Ms. Ste­ work with mediation and alternative d\spute to the areas in which they need improvement. phens is a no-nonse··.se person who knows resolution, to make the future lawyer aware of Stephens also intends to conduct several what has to be done, and to help me as an certain techniques other than traditionallitiga­ workshops to prepare students for the steps advocate for BLS. " tion skills." The mediator u es his skills to they must take before the interview even Stevens is very easy to talk to and quite discover the causes of problems, to find an begins. Workshops on "How to Write a' enthusiastic about helping students achieve agreement that the partie can live with. Resume" and "How to Conduct a Job-Search their career goals. According to Stephens, "A "It's a new mind set that is sweeping the na­ in the Law Field" are just a few of these pro­ dedicated Placement Director should be tion from Harvard to the west coast schools." grams. In addition, Stephens wishes to up­ willing to render her services the minute the said Dr. Volpe, "but where mo t schools incor­ grade BLS's' collection of publications listing students walk through the door of law school. porate these skills into traditional law courses prospective employers in New York and From writing that first resume, to landing that as just a ub-topic, BLS is teaching generic around the nation. flIst summer job, to obtaining one's first clerk­ mediation skills that the fUlUre lawyer will be Throughout her college and law school ship, all the way to passing the bar, the place­ able to use in a variety of settings." Dr. Volpe career, Stephens has held numerous positions ment office will be with BLS's students and emphasized that these skills are not only whose duties included counseling, assertive­ alumni every step of the way." valuable to those who will practice mediation, ness training, and most importantly, place­ Both Stephens and Le Bel wish to emphasize Continued on page 9 ment. The very semester after she received her that the Placement Office is not just a place for The New Director • INSIDE • Juris Doctor from Stetson University College thosein the top 10 percent ofthe school. More­ SBANews ...... 2 to give the program new life and direction. of Law (St. Peterburg, Florida), Stephens was over, Stephens has expressed her desire to get This Issue ...... 2 Alumni Director Johanna Gurland, who has hired as Stetson's Assistant Dean. In that posi­ directly involved with the student body. Bernie Chaiken ...... , . 2 been Acting Placement Director for the past tion, Stephens performed many of the same Graham has proposed a student liaison News Update ...... 3 functions required ofBLS's Placement Direc­ between SBA and the Placement Office, to Emergency LoaDS .'...... 3 several months, said of Stephens, "lfsheturns Exam Supplement ...... 4-5 out to be half as good as 1 think she will, BLS tor. help coordinate on~pus recruitment pro­ Editorials ...... 6 will be acquiring one fabulous Placement According to Dean Trager, Stephens will grams for smaller flIrns who would not norm­ SupremeCourtAdditioDS ...... 6 PublishedDirector." by BrooklynWorks, 2018 not only "run the placement office in a first ally attempt such an endeavor. Stephens was Viewpoints ...... •...... 7 1 Axford ...... 7 During the Spring . Seme:>~~ ,Of ,1985, Ste- class m~~~:::, ~u.~~~e,~ill~s?wor.k ~~~ with quite receptive t9 the idea. 2. JUSTINIAN. December 10,1984

The Justinian, Vol. 1984 [2018], Iss. 8, Art. 1 preferred over imprisonment or imposition of a death penalty. (Only the victim will be able to tell the court if he wishes to meet the defendant THIS ISSUE so soon again and for such an extended period DAY CARE of time.) The results of the newest and last survey on student need for a ,&y care If law school brings home one point, it is center will determine when the project will continue ...... p. 1 that we must respect the dead. WedeaJ with the dead on a daily basis. Their stories ftll our case­ NEW CLINIC books. We cite them in our papers, on our Mediation, one of the' newest and most exciting areas of the legal exams, in legal memoranda and briefs. The profession will be represented at BLS next semester in a new clinic ...... p. 1 dead are, in short, participants in our lives. NEW PLACEMENT DIRECTOR In the homicide case, moreover, they are Linda Stephens gets an enthusiastic welcome ...... , ...... p. 1 necessary parties. 6TH AMENDMENT :llGHTS No doubt the cynics among us wiY scoff at A BLS student sets forth his daring new constitutional hypothesis ...... p. 2 the idea of filling our courtrooms with the EMERGENCYLOANPROGRAM recently departed. But have we not done so for Problems with the administration of the student emergency loan fund years) (See recent decisions of the Supreme have caused Dean Trager to temporarily freezethe fund ...... p. 3 Court in all respects.) Moreover, are we not, by arguing practicality and good taste, on the NEWSBRIEFS now famous Slippery Slope (which, research BLS Alum wins big verdict . . . Registrar will "deregister" students who The Authors: Steve and Luigi indicates, is just north of Los Angeles)? If don't pay their tuition or make other arrangements by January 23, 1985 . p.3 today we deny constitutional protection on the EXAMS basis of demise, might tomorrow we deny such The Justinian looks at exam-taking with model questions and answers 1JJuigi on ~w guarantees on the basis of coma, narcolepsy, by professors ...... pp. 4, 5 partial death, partial life, or even life itself! EDITORIAL: WHERE'S THE PROF? The 6th Amendment And what of the undead? (Cf Lugosi v. State, Exams are hard enough without having to guess about ambiguities or & the Dead Witness 21 Star Chamber 367 .) This widespread preju­ mistakes in the test itself...... p. 6 dice is apparent on the civil side as well. COLUMN By STEVEN J. CHAIKIN & LUIGI Wrongful death, however, is beyond the scope Thefutureo.ftheSupremeCourt-indefenseofBork ...... p.6 This Week: The Sixth Amendment and the of this article. Dead Witness In short, if we require cross-examination of LETTER The grave concerns evoked by the issues the victims of such crimes as child abuse and A post-election critique ofthe Reagan administration ...... •. . . p. 7 addressed herein deem the Justinian the rape in order to measure the credibility of the AXFORD perfect forum for their explication. The hapless witnesses, why then not require the Eleanor Bumpurs, Michael Stewart, and Benjamin Ward: the politics of broadly construed sixth amendment right to homicide victim - less vulnerable to psycho­ . racial conflict in New York City ...... p. 7 confront one's accusers has historically been logical and/ or physical harm than the rape denied to one class of defendants in the victim called to testify - to face his or her criminal arena, i.e. the homicide defendant. accuser and run the same test of credibility? The correlative rights of the homicide victim to Death no more vitiates credibility than does present his or her ' case in an appropriate any other violent crime. Is it not better to ask manner, with aid of counsel, is concurrently the hard questions and receive no answer, than A COMPANY denied in such cases. It is contended that the never to have asked at all? denial of the right to confront the victim of­ Next issue: The Supreme Court and the homicide (and the right of that victim to cross­ Fundamentalist Revival. CALLED examine the alleged perpetrator) works an Mr. Chaikin is the author ojScatalogicai unmitigated hardship on the homicide defen­ Aspects of Insects in Primeval Russian dant - presumed innocent - which aIJlounts Folk religion. Mr. Luigi did all the work. M.J.&K. to nothing short of reversible error. Solely by Mr. Chaikin took all the credit. reason of the victim's misfortune to expire are the accused's rights cut off. Certainly, the courts could fashion a THE OFFICIAL BOOKSTORE OF method of cross-examination suitable under the circumstances. To wit: The Dead Witness. BROOKLYN LAW· SCHOOL No greater force is given to this suggestion than in the words of the late Justice Cardozo, 718 / 780-7998 who held upon his own passing, " Putting aside momentarily the doctrine of stare decisis, contemporary history and modern science suggest that the courts must pIIft .... respond to the constitutional interests of the All ~ooks Are Discounted ~ ...... accused in a manner consistent with the recog­ ...... ~nery Diplomas Laminated nition given these rights in other cases. Con­ .ta, sidering, in this light, the ease with which ex­ ...... ~~Snda, humation may be accomplished, and the IHNMI 104,. Typeset Resumes Services extensive advances in plastic bag technology, c...aee·s .., senes .. Me there is simply no reason why a dead witness - 01 N.Y.C.'s cb who presumably is incapable of lying - can­ p·P""'" FALL SEMESTER HOURS ~ not be propped up in the witness box and .... OIIs..... ' ...... ~ Monday ...... ' .. ... 11 :00-6:00 made, under penalty of contempt sanctions, to --- "TIle Ilia A.... HOlM Tuesday ...... 11 :00-6:30 answer a few simple questions, concerning, for fcw....,...MIIIic·· Wednesday ...... 11 :00-6:30 example: whereabouts when allegedly killed jot.. us. M,.,. Thursday ...... 11 :00-6:00 and recall as to events surrounding the alleged killing. One might also learn what a victim ...... Friday ...... 10:00-2:00 .,. 'Ioto...... ,:o..Oftt wants regarding possible remedies. Perhaps IIS2 ••l!2a money damages or a simple apology would be

HAn MY ESiE!.N.to COLl_f.~Gue • SPfNT MoRE TIMf. LOOKII'Jc" AT T~E ROW OlsseNT H£. /'vv.. y HAVe. REALl1f~TItE • c.oultT'S SEAlSITIV ITY I JJ T~15 /'IRf:,A.. 5PR.\N6~ FF(OM A TRAprflDN"L IF NEO - G-LA%Ic..I\L API'Llc..AnoN Of rH. 5USJ'€c.. fiVE fL~.M ~ N/S A I{ D C ON5 1 (Jt~ATIOA/5 r:OlJl.JtJ IN Tffl.5 ARE'A. https://brooklynworks.brooklaw.edu/justinian/vol1984/iss8/1 2

.".. . ,.,...... , JUSTINIAN. December 10, 1984 • 3 SBA Emergency Loan Fundet al.: The Justinians Frozen by Trager Program Suffers from Delinquent Loans and Potential Abuse

By BRIDGET ASARO Michael Schreiber to Dean Trager dated Oc­ these loans until a better procedure is establish­ these, they'll straighten out," said Meehan. In the fall of 1939, the St dent Aid Service of tober 26, 1984, asserted "Records from last ed to disseminate the loans and until delinquent Where the statute of limitations has run , the Brooklyn Law School (SAS) was establish­ year tend to inicate that the beneficiaries of the payments can be dealt with so that the fund can Meehan said that BLS still considers repay­ ed as a short-term, interest-free student loan fund were either members of the Executive be replenished. ment a continuing moral obligation of the fund available to "deserving and needy Board or intimately acquainted with the Ex­ There is no official ceiling on the loan alumnus. students to enable them to pay for books and ecutive Board." amount, although Meehan, Schreiber and For students whose payments have been tuition," according to a 1963 memo of the The SBA day vice-president has, in the past, Greebel agree that $250 is the unofficial max­ delinquent and who are still students at BLS, former faculty advisor to SAS, Donald F. Sealy. been given discretion in approving these loans. imum amount issuable. The loans are short· other sanctions will be imposed, said Meehan. The fund today exists for students who can Greeble claims this fact is irrelevant. "If I told term, with the due date normally at the He pointed to a paragraph in BLS's 1983-84 · demonstrate their n.eed for emergency financial you that 10 people last year were first cousins semester's end. There is no interest until Bulletin, which states: The continuance of each relief, although the reasons for granting this of mine, what does it matter? They needed it, default, at which time interest has been charged student upon the rolls of the Law School, .,er­ assistance have evolved into what former SBA they got it." GreebeI said that of the II applica­ at eight percent per annum, running from the mission to register for a subsequent semester, Day Vice-President Mitch Greebel refers to as tions handed out last year, only five were date of default. The interest rate of new loans receipt of acadmeic credit, graduation, the who has "the best sob story." The administra­ returned. will be 12 percent. granting of a degree and the issuance of a cer­ tion and the Student Bar Association have tificate or transcript of any kind are subject to jointly undertaken to revitalize SAS by at- · the payment of all charges, fees or other finan ­ tempting to tackle what both perceive as the "Records f rom last year tend to indicate that the beneficiaries of cial obligations to the School." 1983-84 major ailment of the much-depleted fund - the f und were either members of the Executive Board or intimately Bulletin at 64. default by students in repaying SAS loans. acquainted with the Executive Board. " Former SBA Day Vice­ Meehan also said that future promissory The small number of loans issued over the President Mjtch Greebel responded, "The comment is irrelevant, " notes will contain express warnings of these past 45 years indicates that this fund is only sanctions and that legal action will be taken for available in the most extreme circumstances, adding, "If 1 told you that 10 people last year were first cousins of failure to pay. said Prof. John J. Meehan , SAS's fac utly ad­ mine, what does it matter? They needed it, they got it." The administration's past policy was not to vi sor. Only 100- 150 such loan s have been sue a student for failure to repay SAS loans so issued sin ce the fund 's inception. 'These loans that his or her admi ssion to the Bar was not used to be paid back with great diligence but I Greebel said that before Meehan would sign Thl! first step in collecting outstanding loans jeopardized. Meehan said, " We've been too guess something happened with attitudes or a loan c heck, Meehan questioned him as to the will be to issue warning letters to those in soft in the past. It 's nice not to mess up some· people," Meehan said. Since 1971 , 44 loans sincerity of the student's need for the loan as default, said Meehan. These letters will be one's application to the Bar, but a person should have not been paid back. In the Spring 1984 well as whether Greebel had any personal rela­ mailed out shortly. In the case of alumni for also be held accountable for I?aying his 01 her semester, five loans were iss ued. Only one has tionships with recipients. Meehan said that whom the statute of limitations has not run, debts." been paid back in full. and one has been partial­ decisions as to whether to grant a loan have failure to respond to the warning will cause the Because of BLS 's reluctance to prosecute ly repaid. The remaining three are in default. been made by the day vice-president. debtor's file to be sent to a collection attorney. "students learned, over time, that they didn 't A memo sent by S.B.A. Vi ce President Dean Trager has frozen the distribution of "Once it gets around that there' ll be teeth in have to repay," said Schreiber

News Update: BLS Alumnus Wins Large Verdict It was the kind of medical malpractice New BLS Policy: No Tuition verdict that would hardly ruffle the New York Paid, No Class Preference legal community, but the headline in the Port Angeles, Washington Daily News of October 4 " The check is in the mail" will no longer read: WIOOW GETS $500,000 IN guara ntee BLS students a seat in a popular MALPRACTICE SUIT. course o r even a place on the waiting list. A For Professor Jerry Leitner, this was an Ilew procedure implemented by the Admini­ especially gratifying announcem ent. The stration this coming semester will authorize the plaintiffs attorney was Bradley Keller, who registrar to a utomatically drop ~tudent s from graduated Brooklyn Law School in 1979 and all course they chose and were assigned by the was a student in Prof. Leitner's torts class. random selection process if they have not paid Last week, Keller sent Leitner a copy of the all tuition and fees by January 23, 1985, the new story, which described the plaintiff's fir I day of cheduled cia es. death as a result of the administration of This drastic measure was initiated because Inderal, a medication for high blood pressure, many students previously didn ' t pay their tui­ despite the patient's asthma condition. tion until m uch latel in the semester. Accord­ Asthma i~ contrai ndicated in the prescription ing to Jenny Elia of the registrar'S Office, of Inderal. "registra tion isn't officiall y confirmed unti l all financia l o bligations are fulfilled ." Elia ex­ Student prepares to donate blood at the recent greater New York Blood Drive. The news article slated that " the damage plained thaI, under the new policy, she will award reportedly is the second largest in receive a list of students who have not paid tui­ county history, and the county's largest award dh am will a lso compete in the Nationals. t ' on by Jan uary 23 , will then purge courses of involving a death." According to the article, Elizabeth A. Orfan, Da vid A. Silva and PatS. Announcements those names and automatically reassign other " Peter Byrnes and Bradley Keller (the Conti represented Brooklyn Law School. students on the waiting list to those favored PARENTS AT LAW is an organizati on of plaintiffs) Seattle attorneys, contended that A separate competition, held last month, courses. The deleted students will lose all prior­ Brooklyn Law School students, faculty and . the doctors failed to advise (the decedent) of concluded with finalists Catriona Glazebrook, it y in course selection and will only receive staff who are or hope to be parents. safer alternative treatments for his high blood Amy Goldblatt, Susan Lambiase, and Penny notice of being purged after the fact when a pressure and that the drug was a factor in the Lippman, arguing before United States District New members are urged to join. change in program form will be mailed to them death." Court Judges David Edelstein, Mark Cosan ­ Members - please fill out questionnaire in so that they may create a revised schedule. tino, and Leonard Wexler. your mailbox. On the back of the copy of the article sent to Exceptions to this policy may be possible Twenty econd year students competed in the Leitner, Keller wrote: under limited circumstances upon making New and Prospective Members - Question ­ Fall Competition that involved the consti ­ written arrangements to pay in the future. The naire is available outside SBA office. "Thanks for giving me the tools to make it tutionality of a tate law requiring a moment of Bursar's Office, who will handle these deci­ This is a Parents at Law Que tionnaire, NOT all possible!! This case in front of a NYC jury silence in public schoo ls. sions directly, refused to comment on the con­ the Day Care Questionnaire. would have been worth two to four times the On November 16, the Society posted the ditions sufficient to waive this 'automat ic amount awarded. Port Angeles is a rural results of the fin al rounds. Socie ty President , It is VITAL to our organ ization th at you drop' procedure. county seat on the Olympic Penninsula. The Joseph Pickard com mented that " the qualit y of return the questionnaire. highest personal injury verdict in the history of the Na tional Team se lected to represent BLS in the county is $565 ,000. In any event, I thought Moot Court Winners 1985 is outstanding." you'd get a kick out of knowing that we were Brooklyn Law School's National Moot W inning Team: Am y Goldbla tt, Susan lam­ A SKI TRIP has been planned at Gore listening to all those tort lectures." Court Team, by virtue of a second-place fi nish biase. Mountain during Washington'S Birthday Leitner commented, "It's exciting for a in a regional contest, will represent the New Best Oralist: Am y Goldblatt. Wee kend (Feb. IS , 16, 17 - no school Mon­ youngster five years out of law school to knock York region in the National Moot Court Com­ Best Brief: Mary Chris Stephen. day). This trip is open to all law students 'and off that kind of verdict and especially petition, set for January. ational Team: Catriona Glazebrook, Amy their guests. For information regarding costs, gratifying that he remembers his law school Brooklyn was defeated by Fordham Univer­ Goldblatt, Mary Chris Stephen, Susan lam­ accommodations and transportation, contact professor. That's the kind of letter a teacher sity School of Law in the regionals, a competi­ biase (alternate). Robert Rosenblatt at (718 ) 596-7901 orleavea likes to geL" tion in which nine schools participated. For- Congratulations to all participants! message in the SBA office. Published by BrooklynWorks, 2018 3 4. JUSTINIAN. December 10,1984 The First ExaminationsThe Justinian, Vol. 1984 [2018], Iss. 8, Art. 1 By PHILIP RllEINS1EIN In order to at least open the subject for dis­ Law School exams are like the stock market. cussion, the Justinian sent a !letter to all of the Everyone wants to win, everyone ~es the fITst year teachers requesting that they submit game seriously, everyone has their own theory a sample exam question and model answer about how to win, and most theories are totally along with their comments. Of the 20 fITst year useless. True, there are pearls of wisdom. in bot~ , teachers, three sent model answers (reprinted areas which are generally agreed upon, but below) and Professors Fullerton, Garrison, these are usually only of assistance to those Gora, Kuldin, and Minda said they were al­ who already are expert. Most fITst year stu­ ready giving practice exams. dents will hear the saying, "just apply the law The two long model answers are from Pro­ to the facts, you'll be fme" - even if every frrst fessors Schneider and Gilbride. While coming year student in the school wholeheartedly from slightly different perspectives, both agrees that the statement is true, they would emphasize the importance of good prepara­ not necessarily understand more about how to tion and effective analysis. Professor Schnei­ write an exam. der emphasized that outlining for exams should be a method for teaching yourself There is only one set of exams, skill in exam­ rather than just having the material gathered in taking is almost universally acknowledged as one place. Professor Gilbride stated "The ten­ the greatest single variable in scores, most of dency is to give answers and think that the ans­ our grade is based on the exam, BUT . . . wer is the important thing, as opposed to the "Nothing is more fruitless in the first ten minutes of aft exam-taking is treated as a collateral subject, analysis." Professor Saney's comments ac­ worthy of one legal writing class, a few com­ company his answer. We would like to thank essay exam than to try and think about any legal topic of ments, and, for a small minority of fITst year all the teachers who responded and especially substance. " teachers, a practice exam. these three for their effort. Schneider on Civil Procedure By Professor Schneider permits an employee to sue in federal court for concern with safety. Therefore the lawyer also belief that she was gong to be fired. Although it The most important aspects of exam taking claimed sex discrimination in employment 3) wants to argue the alternative formulation that is questionable whether the motion should are careful reading of the exam question and that there is federal court subject matter has been adopted by some Circuit courts (the have ~n brought based upon a mere organization of the response. My exams have jurisdiction to hear state claims incident to the circuit in which the Disrict Court sits is not allegation of a threat to fire her, it does not only easy questions and are open-book. disposition of federal claims. Finally, unless specified)-that plaintiff must show either a appear from the facts that there was any Answers to essay questions should identify the otherwise indicated, you are to assume that combination of probable success on the merits question as to whether the threatened legal issue posed by the question, identify the suit is filed in the United States District Court and the possibility of irreparable injury or that termination was "well-grounded in fact" since relevant law and policy considerations and for the Western District of Pennsylvania. serious questions are raised about the merits of on the facts here, the Railroad has threatened apply them to the facts of the case. Use the There were ten questions that followed this the case and that the balance of hardships tips to fire her. The claim of sex dsicrimination facts in the problem (or emphasize where the fact pattern. The following is one of them: sharply in her favor. Under either prong of this facts are inadequate to reach a conclusion). Question 4 (15 points) approach, the lawyer for Ms. Aware has a Where the question calls for an answer or a) Assume that the Railroad has only threat­ stronger case. He can argue that since the harm recommendation, discuss arguments on both ened to fITe Ms. Aware. Aware wants her to his client is serious, she does not have to sides, analyze the strengths and weaknesses of lawyer to seek a preliminary injunction against demonstrate at this point that she is likely to the arguments but come to a conclusion. the Railroad to stop the railroad from firing prevail on the merits, but merely that she has a Here is a sample question and model answer her pending the final determination of the serious claim for relief. (derived from student answers) from a civil action. What procedural arguments would The Railroad's lawyer is first going to argue procedure exam. both her lawyer and the lawyer for the that since the firing has only been threatened, On a fine spring day in May, 1981, a freight Railroad make? there. is no need for injunctive relief yet. The train operated by the B&B Railroad, (B8), b) Assume that the judge denies the motion Railroad's lawyer will want to minimize the whose corporate headquarters are in Erie, for preliminary injunction. The Railroad's irreparable nature of the injury, saying that if Pennsylavania, was on a run between attorney moves for sanctions against Ms. Ms. Aware is ultimately proven to have been Pittstown, Pennsylvania and Harrisville, Aware's attorney. You are the law clerk to the discriminated against, she can get damages, Pennsylvania. The train was being operated by judge. Can Ms. Award's attorney be subject to back pay, and even reinstatement and thus get Alice Aware, (AA), a Pennsylvanian and the sanctions? What do you recommend? relief for the termination. But even beyond fITst woman to serve as a train engineer for the Model Answer that, he is going to say that based on the facts B&B Railroad. As the train rounded a bend, a) Ms. Aware's lawyer would argue that she known to the Railroad, the Railroad should headed toward a highway road crossing, Ms. needs a preliminary injunction under Rule 65 not have the burden of maintaining her in her Aware saw a bus on the road rapidly in order to stop the defendant from firing her job. Not only is her sex discrimination claim appears reasonable on the facts and on the law approachiOR the crossing. The bus was being and in order to maintain her in her job pending on the merits questionable, but the balance of because, based on the facts stated here, I) there driven by Davey Dare, (DO), a Pennsylvania the investigation. The lawyer wants to treat the equities weighs heavily in the Railroad's favor. were several possible causes of the accident; 2) resident and was owned by the Carry Charter frring as imminent not just threatened. He Her conduct has demonstrated a basis for Ms. Aware was the first woman train engineer; Co., (CC), a Pennsylvania corporation. Mr. would argue that Ms. Aware meets the concern and if she is kept in her job the 3) it does not appear that the Railroad would Dare saw the train at about the same moment traditional legal requirements for granting Railroad may suffer future lawsuits and have had the opportunity in one week to make that Ms. Aware saw the Qus. Both Ms. Aware injunctive relief as developed by case law: 1) damage clairns. a thorough investigation and yet they fired her and Mr. Dare hit their respective brakes, but that she will suffer irreparable injury if b) As the judge's law clerk, I would not one week later rather than give her a paid leave the bus crashed into the side of the train injunctive relief is not granted; 2) that she will recommend that the judge grant the pending investigation. The motion for engine. There was extensive damage to the bus probably prevail on the merits; 3) that in defendant's motion for sanctions under Rule preliminary injunction is traditional in and to the train, and serious injuries to Ms. balancing the equities, the defendants will not 11 against Ms. Aware's attorney. employment discrimination suits in order to Aware, Mr. Dare, and all the bus passengers. be harmed more than plaintiff is helped by the Rule II, as amended in r983, requires that prevent firings. For these reasons it was Theproperty damage to both the train and to injunction; 4) that granting the injunction is in the attorney certify that he has made a appropriate for the lawyer to seek injunctive the bus, as well as the personal injuries the public interest. prefiling inquiry as to the good faith basis of relief to protect her job. Finally, it does not suffered individually by Ms. Aware, Mr. Dare The lawyer will argue that her loss of her job his pleading motion, etc. Since Rule II applies appear that the attorney made the motion for and the passengers all easily exceeded $1 0,000. is irreparable injury (and try to develop to motions, the plaintiff's motion for any improper purpose-to harass or delay There were several possible causes of the sympathetic facts concerning her job loss). He preliminary injunction is clearly covered by the (especially since it sought immediate relief) or accident; the train may have been traveling will argue that Ms. Aware is likely to win on Rule. The Rule provides that by signing the increase cost-but was merely a legitimate faster than it should have been; the train's the merits since, given the several possible motion the attorney certifies that "to the best effort to vigorously protect his clients' brakes may have been defective; the bus may causes of the accident, the Railroad's firing her of his knowledge, information and belief interests. have been traveling faster than it should have before an investigation is completed smacks of formed after reasonable inquiry it is well been; the brakes on the bus may have been sex discrimination. He will further argue that it grounded in fact and is warranted by existing defective; the red flashing signailights at the is less harmful to her defendants to continue law, and that it is not interposed for any crossing that indicate to vehicular traffic that a employing her (and that they could place her improper purpose, such as to harass or to train is approaching may have been defective on a temporary paid leave if they are. cause unnecessary delay or needless increase in and not have functioned properly. Those concerned about her work performance), than the cost of litigation." Here there are two signal lights had been recenty installed by the for her to leave her job. Finally he would argue questions: I) the reasonableness ofthe factual Eveready Electric Company, (EE), a that it is in the public interest for her to be claims of termination and 2) the Pennsylvania corporation pursuant to a maintained in her job pending investigation reasonableness of the merits of the sex contract with the Railroad. A week after the since she is the first woman train engineer . discrimination claim. The Advisory accident, the Railroad fITed Ms. Aware. However, Ms. Aware's lawyer's arguments Committee Notes to Rule II set out the Assume 1) that federal law, the Railway about the need for the injunction under the standard as "reasonableness under the Speak Employee Act. (REA) supplies federal court traditional standards are not so strong. She is circumstances." While there are not a lot of subject matter jurisdiction and a cause of not able to make out a very strong case at this facts here to evaluate the reasonableness of Your Piece action against a railroad for any railroad point concerning her likelihood of success on both aspects, both aspects seem reasonable on https://brooklynworks.brooklaw.edu/justinian/vol1984/iss8/1employee injured on the job, where the the merits of the sex discrimination claim the facts given. in the Justinian 4 employee's own negligence has not (without further investigation and discovery) Ms. Aware's attorney's motion for contributed to the accident 2) that fCderallaw and the Railroad can legitimately claim preliminary injunction was made ~ on the JUSTINIAN. December 10, 1984. 5 et al.: The JustinianCourses on the Market Devoted to Taking Exams By PIDLIP RHElNSlEIN . the use of the conventional mystical terrnin- Most students recognize that their formal ology (lawyerlike manner), this excerpt, the education in exam-taking skills is sorely lack- most general of his method, uses a systematic ing, but few seem to take positive action. Stu- approach to walk the beginner through the dents who do well figure ~ey've "got what it process of writing a good exam. takes" and the students who don't do well fig- Miller takes a similar approach with a psy­ ure they don't. A small percentage of students chologicaJ emphasis. His book is replete with take matters in their own hands and take one little tips to the nervous exam-taker. of the commercial exam-taking courses. While Nothing is more fruitless In the fust ten mln­ such courses have not gained the wide accept- utes of an essay exam than to try to think cleJU"­ Was it Vince Lombardi who -once said ance which bar review courses enjoy, they are Iy about any legal fopic of substance. Having a flourishing. consistent, mechanical, step-by-step appro~ch that grades aren't everything, they are the While the Justinian was unable to attend that brings us only gradually to the hard legal any of the workshops, we obtained copies of thinking is like havjng a security blanket. We only thing? the workbooks from two of the more popular can cling to it while we calm down and allbw courses, Legal &say Exam-Writing Seminar our brain to focus. and Professor Delaney's How to Do Your Best Miller's strength is that he explains his ideas on Law School Exams. Both books are avail- in clear simple terms. able without taking the course (this semester's Success on essay exams will onJy be achieved Gilbride on Contmcts courses have already been given), and are by viewing each hypothetical as an opportun­ fairly representative of what is on the market. Ity - an opportunity to demonstrate how law- Mr. Hatlin, a hardware and bulding supply booklet. The outline should not be too long or Both books start out by pointing out the yerlike you are in your ability to spot conflicts store operator in Bagdad, N. Y. on January 28, involved but should state each issue in a full deficiencies in the current method of exam and apply relevant legal knowledge and anaJy­ 1968, wrote to Mr. Bell, a hardware supply sentence, with a brief note of your answer to teaching in most law schools. Professor sis in resolving them. wholesaler in Rome, N.Y. and asked himifhe each issue. Delaney's book then sets out the "Five Exam Delaney's book also describes common could supply him with one inch copper tubing. After you have made your outline, check it Tasks": "pitfalls" and makes practical suggestions for On Feb. 1, 1968,Mr. Bellwrotebackandsaid, over and make your decision: Judgment for 1. You must determine. whichfactsare legal- outlining and diagnimming. Perhaps the most "We have one inch copper tubing in stock. We Plaintiff or Defendant, or Smith or Jones, as Iy relevant and which are not. interesting and unique aspect of Delaney's offer you one inch copper tubing at 5 cents per the case may be, and write it under your 2. You must spot and articulate the issues book is that his sample exam questions have an foot, delivered at your store, as per your order, outline. raised by the relevant facts in light of the pro- "A" answer and a "poor" answer. Miller's during the year 1968, in an amount up to OUTLINE fessor's questions at the end of the problem. approach, following the answer from issue 200,000 feet." 1st Issue: W~ the letter from Mr. Bell of 3. You must apply the correct legal rules to spotting to outlining to a finished answer, is Mr. Hatling wrote back on Feb. 3, 1968 and Feb 1, sufficiently definite and certain to the relevant facts. also unique and goes far beyond the usual said, "Your offer received, I accept. I am constitute an offer or was it a mere advertising 4. You must convincingly support your ap- model rulSwer. happy to do business with you." circular? plication of specific legal rules to the/acts by If there is one clear lesson from both of the Mr. Bell telephoned Mr. Hatling on the same Yes. It was an offer. UCC-Buyer'sOption legal reasoning including any relevant policy books, it is that there is a method to the mad­ date, Feb. 3, 1968, before he received 2nd Issue: Was the letter from Mr. Hatling arguments. Interweaving of key facts with ness of exams, and this method can be taught. Hatling's letter,so Mr. Hatling read a copy of of Feb. 3, an acceptance? each element of each rule is the principal When reading these two books, one gets a the letter to him over the phone. Mr. Bell said, No. Illusory promise means of such legal reasoning. sense of how hypothetical exams could "I do not want to do business with you that 3rd issue: W as Mr. Hatling's letter of Feb. 5. You must do all of the above in a lawyer- actually be a valuable tool for learning rather way. You will have to give me an order for a 3, or his telephone call a counteroffer so as to like manner (and under intense time pressure). than an intimidating and often arbitrary defmite amount of pipe. Mr.Hatling said: terminate the offer? While even Professor Delaney indulges in means of "natural selection." "Don't get excited. I am still considering your No. Mere inquiry. Re-affirmation of offer offer, but would you be able to give me a price by Bell (Livingston v. Evans). of 4 cents per foot if I ordered 200,000 feet." 4th Issue: Was there a valid acceptance by Acceptance. Was the letter from Mr. Hatling Mr.Bell said, "The price I gave you is the Mr. Hatling in his order form of Feb. 4, of Feb. 3, an acceptance? lowest price I can offer." ordering 100,000 feet of pipe in 10 The rule of iaw is that an acceptance must be Saneyon On Feb. 4, 1968, Mr. Hatling sent a written installments? reasonably definite and certain, to conclude a order form to Mr. Bell for 100,00 feet of one Yes. Supplying specifications under buyers contract on all essential terrns. inch copper tubing as per his offer of Feb. 1, option. Mr. Hatling's letter of Feb. 3 was a mere CrimLaw 1968, to be delivered in monthly installments Judgment for Plaintiff Hatting illusory promise. The offer looked for an Dear Students: of 10,000 feet each, beginning in March, 1968. In writing the answer, use the sentence form acceptance by an order for a definite amount. I would like to compliment you on your new Mr. Bell received the ord'!r but refused to of the issues in your outline to state the issue in This attempted acceptance actually promised initiative. I think it is only fair that especially in deliver, claiming his letter of Feb. 1 was merely the essay. Do not ignore the analysis you have nothing. It did not supply the specification of the case of new profes ors - like myself - an advertisement. Mr. Hatling sued Mr. Bell just performed. Orgruize your t'houghts, write amount required from the buyer to complete whose peculiarities of thought and behavior are claiming a breach of contract. legibly and coherently. Write your answer in the contract. Hatling could sit back and do not yet known (!) students hould be given fair the framework of 1. ISSUE 2. RULE OF nothing for the remainder of the year and not warning as to what to expect for exams. LAW 3. APPLICATION TO THESE be bound to buy any pipe from Mr. Bell. Since I have explained the procedure in my FAcrs, WITH REASONING; but do not this is a case of a bi-lateral contract, the criminal law class. Nevertheless, you have prefix each part of your answer with these necessary consideration ~ould be a promise asked for written evidence, and here it is. terms. Write in thestyleofajudge'sdecisionas for a promise. Mr. Hatling's promise in this follows, but precede each essay with your letter is illusory and does not furnish good My exam in that cour e will consist of four decision: "Judgment for consideration. There was no contract formed parts. The first part is made of 15 short, True 1. Judgment for Plaintiff, Hatling at this time. or False questions, covering the whole material The primary issue for decision is whether the The third question to be decided is: Was Mr. we have studied. The idea is to test whether the letter from Mr. Bell of Feb. 1 was sufficiently Hatling's letter of Feb. 3, or his telephone call student has mastered and remembers all the definite and certain to constitute an offer, or a counteroffer, so as to terminate the offer. facts and arguments. The other three sections was it a mere advertising circular as he claimed The applicable principles of law involved consist of essay type questions, which will tell later. here are that a counteroffer is rejection of an me something, in addition to the student's The general rule of law is that the essential offer and terminates the offer. However mastery of facts, about his or her analytical Professor Gerald GDbride terms of the offer must be reasonably definite another rule of law is that a mere inquiry is not and reasoning abilities. Here are two Judgment for whom and why? and certain in order to form a contract when a counteroffer and does not act as a rejection examples, one of each part. The answer given here, as an illustration of accepted. The opposing rule, which must be and termination of the offer. In strict liability offenses, where the statue how to answer an Essay question in a law considered, is that a mere circular or mere The letter of Feb. 3 certainly in its langauge does away with the requirements of mens rea, school examination is not intended to be a advertisement is an offer. could not be construed as a counteroffer. It there is no possibility of raising any defenses. perfect answer. It is given to you in words used On facts given in this case, the words used was attempted acceptance in the terms "I ·True by students in a typical answer, but re­ wet;e sufficiently definite and certain to accept." This could not constitute a rejection False arranged in proper form and style. Since time manifest an intention to be bound. The words or counteroffer. At the worst it was Answer: the preceding statement is false. Any is at a premium in law school examinations the used are words of offer, even under the meaningless, and was neither an acceptance of the defenses which impair or negative answer is in a modified outline style. common law rules of cases such as the nor a rejection. criminal responsibility (Insanity , self-defense Apportion the time available for each essay Fairmount glass case. The essential terms of As to the telephone call, Mr. Hatling clearly etc.) can be used-when relevant-as a question before you begin. price, place and time are set forth in the offer. stated " I am still considering ..." so this was a defense. The second box should be cross­ Before you start writing you must read the The amount is not defmite, because a top limit mere inquiry. Under the rule established at marked. question at least twice to get the facts straight. is set in the amount of 200,000 feet. common law, a mere inquiry is not a An essay type question will be something The second time analyze the i sues and mark Since this is a matter of the sale of goods, the counteroffer and a rejection. In any event Mr. like the following: them by underlining and noting in the margins UCC would apply. The UCC has a specific Bell's answer over the telephone indicated that The effect of mistake of fact on criminal of the examination paper. section authorizing this type of offer, where he was standing by the terms of his original liability at common law. Then make an outline of your answer on the specifications are left to the buyer's option. offer. Even if there had been a counteroffer, Good luck to everybody! Published by BrooklynWorks, 2018 Parviz Saney 5 scrap paper or in the front of the answer The second issue in thi case is that of Continued on page II 4-. "_ ... . 4-_ .'''' . ·4 ' . ... .~" ,I. t t . .. ' . ' . " ••••• ,. . •••~ ... ':':.~. i~J"':' ~";" ' t ~ ,,· ... • • • ...... 6 • JUSTINIAN. December 10, 1984 The Justinian, Vol. 1984 [2018], Iss. 8, Art. 1 Editorial:

BrooIdyn Law SchoOl ZSO JOraIemoa SImt Where's the Prof? JIrooIdyn, NY IUDI Teleplloae: ml) 710-1986 There is no such thing as a perfect examination. Unfortunately, law school exams are sometimes so carelessly prepared as to create unnecessary apprehension for the test Editorial Collective.: Bridget Naro, Marfa taker. Even exams that are diligently constructed, closely scrutinized, and handed in Bloch, SQuI.I.,. ~erriH. Philip RhektStein, well before the deadline can suffer from mistakes. 1YP<>graphical errors are generally llOnna RiC&:obonO, La Ruben,steia, FJIep harmless and easy to figure out, unless, for instance, the fact pattern presents parties A, Smolinsky, Nina L. ,SturgeOn. B, and C and the question asks, "What are D's rights?" It is assumed that exams are proofread by professors after they have been typed, and once again after reproduction Ad MllDaItlr •.••••• •• ... t~Rubenstein Contributors •.••• JWGlnsbeq,Jonathan and collation. Photography. • • • • . . • • . • . . •. AUan Young Hdelis, Jaime V. i)elio, EditorialConsultant ••... RichScbroeder Jim Diamodd, Steven J. ChaiJdn, However, mere proofreading cannot always uncover the latent errors, ambiguities, and Kevin J. Bauer. and omissions that pop up like so many snickering gremlins. Precious minutes are con­ sumed, the pulse quickens and fmgers tremble as students frantically search in vain for an essential missing fact or try to reconcile a glaring inconsistency. Just as disconcerting and even harder t~ detect in proofreading is the poor gram­ The Constitution According to Bork: matical construction that provides uncertainty for the reader. An ambiguous antece­ dent or misplaced modifier has the potential to alter the meaning of an entire fact Text or Pretext pattern or question. We all know that it is useless to ask proctors to clarify the particular problem, as they By KEVIN J. BAUER so."" That is, the principle enunciated by are instructed, so it seems, to respond to any question with' 'Do the best you can. Thirty Walter Mondale conjured the spectre of Judge Bork and his colleagues leads them to minutes to go." Little solace is offered by professors' suggestions to write out any uphold the type of regulation that Dworkin Jerry Falwell filling the next several vacancies assumptions you have to make in order to answer the question. It's not always easy or on the Supreme Court to frighten the elector­ thinks "courts should be especially suspicious desirable to focus upon one assumption where many possibilities exist. ate into evicting Mr. Reagan from 1600 Penn­ of."" Further, Dworkin's charge that Bork sylvania Avenue. The voters were unimpress­ has abandoned "ordinary legal argument" Because problems like these inevitably arise during the course of fmal examinations, ed, but Mondale's jeremiad against the Rea­ falls flat. Bork has said that courts cannot it is incumbent upon professors to be in the building or "on call" during the administra­ gan court proved particularly effective among legitimately create constitutional rights. ,. tion of their own exams. In addition, at least one dean should be present as a test super­ pundits and professors. Nevertheless, he acknowledges that to the visor at all times in order to make discretionary decisions regarding the interpretation of Two days after the election, Anthony Lewis extent "the Supreme Court has decided it may ambiguous, incorrect, or confusing test material, in the event that the appropriate create new constitutional rights (we) as judges lamented that the President's re-election professor cannot be reached. Only a handful of professors make it a practice to drop in of constitutionally inferior courts . . . are heralded the advent of an ideological phase in for a few moments while their exams are in progress. At the very least, this helps to ease bound absolutely by that determination."" American politics. Lewis, author of Gideon's anxiety. At best, it can.al!ay confusion and prevent mistakes. Trumpet' and elegiast of the Warren court, This hardly demonstrates, as Dworkin com­ consoled, "those of us who care about civil plains, a "blatant distaste for ordinary legal Law school examinations are too important to allow professo;s and administrators liberties and social justice, '" recalling that argument.'''· to "abandon ship" while students are left adrift without a paddle. politics is a cyclical af(air, thus holding out To understand the gravamen of Professor hope for a return to a more liberal climate. The Dworkin's complaint against Judge Bork, it is following Sunday, Tom Wicker prophesied necessary to abstract from the issue in contro- . that the Democrats, together with Justices versy in Dronenburg. Dworkin's concern is Brennan and Marshall, could very well thwart that the D.C. Circuit's decision is the harbin­ Steven Brown 1949-1984 Mr. Reagan's flagrantly ideological (read un­ ger of unfettered activism by a conservative The recent death of Steven Brown, a member of the Class of 1985, was a tragic loss constitutional) attempt to reshape the Court. J federal judiciary, after which' 'little of modem for the Brooklyn Law School community. Mr. Brown will be greatly missed by all who Professor Ronald Dworkin, author of the constitutional jurisprudence might survive. "'7 knew him. immensely influential book, Taking Rights What else can his characterization of past The editorial board would like to express its condolences to the family and friends of Supreme Courts (read Warren Court) as Seriously, previewed "Reagan's Justice'" in Steven Brown. Brooklyn Law School has become something less without him. an article devoted to a critique of Dronenberg "principled"" possibly mean? Dworkin, on v. Zech,' decided last August by the District of the authority of Justices Stevens and Black­ Columbia Circuit Court of Appeals. The vil­ mun, accuses the Burger Court of abandoning lain of that piece is, of course, Judge Robert H. principle, equated here with a move to the and Douglas, together with Mr. Lewis, expli­ rather than being the harbinger of an orgy of Bork. Dworkin takes Bork to task for holding right." To portray Justice Blaclcmun as a citly deny this. The result is a highly politicized conservative activism, is the frrst sign that the champion of principled constitutional adjudi­ court, whose alternately liberal and conserva­ federal judiciary has begun to remember "that cation is paradoxical at best, considering that tive majorities routin~y enact their predilec­ it is a Constitution we are expounding. "27 Professor Dworkin fears that the the consensus among the cognoscenti regard­ tions into law. Court wiU cease to be a ''forum ing Roe v. Wade'· was that it was a singularly unprincipled decision." A generation of unprincipled constitutional of principle, " becoming rather adjudication has taken its toll. Students of the "the Moral Majority's club­ Why do Professor Dworkin and certain Constitution sympathetic to the results achiev­ house, where the prejudices of members of the New York Times editorial ed fret that the Court may undermine its au­ staff maintain that a Reagan appointed thority," while the Court fmds it necessary to , See Gideon v. Wainright, 372 U.S. 335 (1963). the day are called constitutional , "You Ain't Seen Nothing Yet, " The New York Times, Supreme Court presents such a serious threat resurrect stare decisis in order to sustain a right law. " to civil Liberties and social justice? Mr. Lewis, 11/8/84, atAJI. it Created ex nihilo." • "Reagan and the Coun," The New York Times, for one, applauded the Warren Court for func­ 11 / 11 / 84 at E21. tioning as a second constitutional convention. Yet, it is certain that the solution to our con­ • 31 The N~ York Review 27 (11 18/ 84) . • 741 F.2d 1388 (1984). that consensual homosexual activity between It is clear that he is not opposed to judicial stitutional conundrum is not a flurry of • 381 U.S. 479(1965). adults is not a constitutionally protected activ­ activism, only to conservative judicial activ­ conservative activism. The situation demands , Loving v. VlrginiD, 388 U.S. I (1967); Eisenstadt v. ity. Dworkin argues that the D.C. Circuit ism. Can we seriously entertain the notion that a return to an appreciation of the Constitution Baini,405 U.s. 438 (1972); Roev. Wode,411 U.S: 113 (1973); Carey v. Population Services InteTlUltionol, 431 Court of Appeals should have extended such the liberal agenda furnishes the litmus test for qua constitution. The American contribution U.S. 678 (1978). activity protection under the right to privacy constitutionality? That idea, once floated, to the political tradition of the West is the • Doe v. Commonwealth's Attorney Jor Richmond, 425 written constitution. By means of that docu­ U.S. 901 (1976). enunciated in Griswold v. Connecticut,', and self-destructs. , Dworkin, supra note 4 at 31 . its sequelae,7 despite the fact that the Supreme ment, the sovereign people delegated certain Chief Justice Hughes once said that the " DroMnbBr v. Zech. supra nOle 5 at 1397. Court itself has refrained from doing so.' Con­ enumerated powers to the three branches of " Dworkin, supra note 4 at 27. Constitution means what the justices say it government. To what end? The Declaration of " lJrorwnbBr v. Zech. supra note 5 at 1396. sidering the likelihood of the nomination and means. Justice Douglas, following Hughes, " Dworkin. supra note 4 at 31, note 23 . confirmation of Judge Bork and others of like Independence states it clearly: to secure those .. See "Neutral Principles and Some First Amendment mind to the Supreme Court, Dworkin fears inalienable rights with which men were endow­ Problems," 47/ndiono Law Jouf7llll I (1971); "TIle Impossibility of Finding Welfare Rights in the that the Court will cease to be a "forum of When Judge Bork refrains from ed by their Creator. The Founders sought to Constitution," 1979 Washington Low Quarterly 695. principle," becoming rather "the Moral join the laws and rights of nature and the idea " Dronenberg v. Zech, supra note 5 at 1396, note 5. Majority's clubhouse, where the prejudices of creating a new constitutional of popular sovereignty in a written constitu­ .. Dworkin, supra note 3 at 27 . " Id. at 31. the day are called constitutional law .'" right because it lacks roots in the tion " intended to endure for ages to come. ",. " Id. at31. The principles embodied in the Constitution .. /d. al31. But can it truly be said that a court which text, structure, and history of the are the fundamental and permanent prinCiples "410 U.S. 113 (1973). says, "We can find no constitutional right to constitution, he should be " See John T. Noonan, A Private Choice, 20-32, of the Ainerican polity." For judges, to sit as a 195-197 (1979). engage in homosexual conduct and . . . as applauded. constitutional convention is repugnant to the U See Archibald Cox. The Role oj lhe Supreme Court in judges, we have no warrant to create one"'· American Government (1976). theory and principles of our political-legal has, as Dworkin would have us believe, aban­ " City oj Akron v. Akron Center Jor Reproductive system." Heolth. Inc.• _U .S._, 103 S. Ct. 2481, 2487 doned both principle and "ordinary legal confessed that the dispositive factor in consti­ (1983). argument"?" Is not Professor Dorkin's ire tutional adjudication was the individual jus­ Therefore, when Judge Bork and his col­ .. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 415 aroused precisely because Judges Bork, Scalia, tice's "gut reaction." Under this approach the (1819). leagues on the D.C. Circuit Court of Appeals " Marbury v. Madison, 5 U.S. (1 Cranch) 137, 176 andWilliarns decided that "ifit is in any degree Constitution can be construed but not miscon­ 'refrain from creating a new constitutional (1803) . doubtful that the Supreme Court should freely strued. For that, one would hav,\: to recognize right because it lacks roots in the text, struc­ .. See Walter Berns, •• J udiciaJ Review and the Rights and Laws of Nature," 1982 Supreme Court Review 49, create new constitutional rights, we think that that the text possesses meaning independently ture, and history of the Constitution, they 79-83 . https://brooklynworks.brooklaw.edu/justinian/vol1984/iss8/1it is clear that the lower courts should not do of the act of (mis)construai. Justices Hughes should be applauded. Dronenberg v. Zech, " McCulloch v. Maryland, supra nOle 24 at 405 . 6

• • I • • , . ~ , , •• ''It'tI, JUSTINIAN. December 10, 1984 • 7 Will Reagan Help the Yuppies? et al.: The Justinian To tbe CoUective: simply transfer the burden onto those who On Tuesday, November 6,1984, the people haven't reached the financial level of those he of the United States overwhelmingly made so desires to protect - who really don't need their choice as to who is to be president for the protection from government taxing. next four years. The voice of America was In essence, Mr. Reagan's democratic chal­ loud and clear as to this choice in one of the lenger was trying desperately to show the After' Investing' Thousands largest voter turn-outs this country has seen in American people that Mr. Reagan has been decades. Particularly those in the 18-24 and stea1ing from the poor and giving to the rich. Of Dollars In' Your 25-30 age groups, with middle incomes of Robin Hood would be ashamed. This stealing $25,000-$40,000 per year asserted their ap­ comes in the form of reductions in student Legal Education, proval of Mr. Reagan's policies with their grants for higher education, in reductions of votes. I mention these figures, quoted from medicaid benefits, and in reductions of federal various media sources, because the BLS stu-' monies to the states for their social benefit Have You Found the Job dent body and recent alumni are among those programs. This money in tum is handed over in this group. to government defense contractors, Large busi­ You Want? In effect, we are part of the majority which nesses, in the form of corporate tax reduc­ helped to re-affirm the mandate Mr. Reagan tions, and personally wealthy individuals, in received in 1980. Now that all the shouting is the form of flat personal tax reductions. Sure over, stop and think. Are we really better off our country will . prosper, but at whose Practical Career Systems. Offers than we were four years ago? I am not talking· expoose? about the country in general, I am talking . Another matter to consider is our Supreme a Simple, PragmatiC Approach to: about we students and recent graduates, who Court. At least four justices are of the age that will inherit the results of Mr. Reagan's policies they will be retiring during Mr. Reagan's • Job Market Anal.ysis for years to come. second term. Including Justice O'Conner, Mr. For the moment, Mr. Reagan's Supply-Side Reagan will appoint what will be the majority • Targeted Job Searches Economics seems to be working. Spending is of the Supreme Court for the next two • Intervlew-Generatlng Resumes up, the prime rate is falling, the unemployment decades. When Mr. Reagan came as close to and Cover Letters rate is down, and the current leading economic sayi ng tliat abortion is murder as anyone pos­ indicators seem to indicate economic growth sibly could, and wishes to propose an amend­ • Interview Techniques for the nation in the months ahead. The young ment to the Constitution which could forever business and professional generation, like the destroy our country's tradition of separation rest of the country, saw the signs, voted with of church and state, I worry. The justices Mr. their pockets, and made their choice. Reagan chooses will be those whose view­ However, we should be cautious when giv­ points most closely match his own. I am afraid Ready to benefit from your law school investment? ing the go-ahead to an administration which to think what effect this will have on our justice Ask about pes' $125.00 Introductory Peckage has recently said, "You ain't seen nothin' yet." system in the years to come. The electorate should now see what it has done Lastly, a point we seem to have overlooked of 3 career consultations. in selecting Mr. Reagan for a second term. is Mr. Reagan's previous record on foreign (212) 344-3500 There are many issues which Mr. Reagan policy. Wasn't three assaults on our foreign must finally take a stand on, now tha t his embassy in the M iddle East enough? Are more opponent has been beaten. Despite Mr. of our brave soldiers abroad to die for the care­ Reagan's promise that taxes would be raised lessness of our government? Are the present • 'over his dead body," there is still a large defi­ government's covert actions in Nicaragua Practical Career Systems cit, in the neighborhood of 12 digits, which setting us up for another Vietnam? And most A service 0/ Employment Relations Counsellors, Inc. must be reduced, or all the gains Mr. Reagan's disturbing, is Mr. Reagan prepared to take the administration has made to date will be stifled consequences of escalating the Cold War to the Phyllis Eisenberg, Director rather abruptly. From what source will the Heavens above? These are serious questions to money come to reduce this deficit? M r. which the answers may have serious ramifica­ Reagan said that our taxes would be raised tions. only as a last resort. Even Mr. Reagan's Obviously, my partisan views are not those NOT AN EMPLOYMENT AGENCY advisors, who wish to be un-named by the of the majority of this country. I am merely press, said that this promise might come back proposing that the decision we have made may to haunt him. It seems that up until now, Mr. have been one that we might regret in the years Reagan's tax cuts have benefited an income to come. I welcome opposing views and group of which we will not become members answers to the questions I have presented. for several years. Will Mr. Reagan have to signed. renege on his former promises? Or will he John Hudis RACE RELATIONS'

By ROBERT AXFORD Michael Stewart and Eleanor Bumpurs were victims. Some the buck stops down there somewhere in the bowels of the The melting pot is once again showing signs of cracking. With well-intentioned people are trying to elevate these two into mar­ bureaucracy where seldom is heard a contrary word and the bos Reagan and the media running interference befuddling any class tyrs, symbols. A victim's death is tragic and meaningless. A mar­ is insulated all day. analysis. race relations are once more being used as a pressure tyr's death can instruct. thUS, a martyr's death often takes on valve. Because supply side means more for less and less fur more, significance their lives could never have had. To the extent that The National Conference of Black Lawyers is neither victim the great mass of people in America mu t scrap fortrickle-down we learn from their deaths is the degree to which we have pro- nor purveyor. The NBCL does much good work , often aligning leftovers. This inevitably leads to frustration. Frustration in­ gressed. . with the ACLU, the Congressional Black Caucus, the National evitably leads to aggression. Since our government prefers that Lawyers Guild and other good guys of the left. The NCBL has Michael Stewart. we mu~t remember. was arrested for graffiti any anger resulting from its policies be d isplaced elsewhere. it protested the i.nvasion of 'Grenada, U.S. support of the South and was beaten to death by a group of police officers. The crime openly encourages nationalism (hatred of other people'sgovern­ African government, the covert war against Nicaragua, and did not fit the punishment in anyone's mind, except that of a ments) and covertly stokes the fire of racism. Divide and con­ much else in support of oppressed people everywhere. Rarely racist. Many feel that if he were white he would be alive today . quer: basic stuff for societal control. does the mainstream media cover their work . Not until the While highly likely. it is, of course. impossible to prove. Enter Michael Stewart. Eleanor Bumpurs. Benjamin Ward NCBL erves the purpose of others, that is. However. I don 't know of a white youth ever being summarily and the National Conference of Black Lawyers. First. Police executed for painting subway cars. Like the other day when NCBL representative Adrien Wing Commissioner Ward. When Joh n Conyer's congressional report made a ~ech in support of the displaced Palestinian people Eleanor Bumpurs' case is the mo t horrific. Why a SWAT found racism as i motivating factor behind much of the police before the Palestine National onference. A picture of Ms. team assemble to evict an elderly woman is beyond belief. misconduct in this city, Commissioner Ward dismi sed it by say­ Wing embracing PLO head Yas er Arafat (ca lled "terror chief' Mayor Koch called it a "chain of mi stakes," a chain that ap ­ ing: "Raci m is American as apple pie." A curious statement. by this objective new paper) was on the front page of the e"' parently doesn 't reach him. One early report aid he was sup­ don 't you think ? Was he attempting to comfort us by saying Yc}rk Post. Why the Post ran thison page one is obvious: it serves posedly making lye in her sink to use on the evicting marshal. racism is endemic? Was the commissioner suggesting that we the ends of the far right very nicely thank you. It di vides the Yet no lye was ever found and the justification was dropped. The accept racism as a necessary part of our culture? Neither blacks and Jews in th is city, a coalition that proved veryeffec­ police alleged that this "dera~ged " (Commissioner Ward 's satisfies. Is the 14th Amendment not 'American"? As a public tive in the past. You might di mi 's it by sayi ng it 's ollly the Post official. doesn 't Mr. Ward have a duty to protect and treat all the characterization) woman lunged at the officers with a long knife. But if they knew enough to know he was mentally unstable and (the story was in the eli'S as well), but that is too easy. The Post i citizens of the city equally? I don 't doubt the veracityofthe com­ simply les subtle than the rest, but the message is the same. mis ioner's contention, I only que tion his desire to remedy this dangerou • why did they break down her door in full riot gear most disturbing situation. brandishing shotguns? The situation would have seemeJ to Nel(t year, in this city, a mayoral race is scheduled. Issues of That Commis ioner Ward i black make this scenario coun el delicacy. But she was behind on her rent. I forgot. The race will once again be manipulated by some for their own in ­ distinctly 'SO . Regrettably. his being black seems to do little to land of the free. The home of the brave. sidious end. To understand it, simply look at who benefits by cure the ill and much to deflect public opinion. It would appear Who pays for such egregiou mi conduct? Lower level raci m' manife tations and who suffer!,. One ! lIing que tion to that many look at a.black police commi sioner a a guarantee bureaucrats, of course, from the Human Re ource Agency in thi s be answered is not whether blacb will vote fora white candidate against police mi treatment of blacks and other racial .minor­ instance. Koch assume no responsibility: nor does Ward or the

Steven M . Brown, a third-year student at Brooklyn Law School, died last month at his home in Jackson Heights, Queens. Born in the Bronx in July, 1949, Mr. Brown was both a scholastic and professional success. Mr. Brown did his undergraduate work in History at City College, graduating cum laude and Phi Beta Kappa in 1971. He went on to study European History at the Graduate School of Columbia University. While there, he earned two masters degrees and completed all the requirements for a Ph.D., with the ex­ ception of a dissertation. At the same time, ~e was an Adjunct Professor of History at City College. Mr. Brown worked as an lmmigration In­ spector for the Department of Justice during the nine years preceding his death. He was an active member of the federal employees' union, serving on the group's executive board. Mr. Brown also actively litigated many cases , for hi s union on behalf of fellow employees, an activity which led to his decision to attend law school. As an ardent Zionist, he travelled to Israel and was greatly concerned with what he per­ • ceived as a growing level of anti-Semitism in Some things are better the second time around - taking the society. bar exam isn't one of them. Mr. Brown began at Brooklyn Law School in 1982 as a full-time student. He became a Take a good look at the Josephson BRC Course and we think member of the Moot Court Honor Society after successful participation in the Fall Intra­ you will agree that there is no better assurance that you will have mural Competition. As a member of the Honor Society, he served a valuable role and to take the bar exam only once. had been chosen to represent Brooklyn Law School in the Wagner Moot Court Competi­ No other course offers the kind of complete integrated study tion next Spring. Mr. Brown also served as an system which simultaneously builds substantive knowledge and orientation counselor, both as a second and third-year student. confidence. With the finest law summaries and lecturers and the Mr. Brown excelled in school, receiving the most comprehensive testing and. feedback system in the state, highest grades in N.L.R.B., Practice and Pro-. cedure, Evidence, Federal Jurisdiction and you can 't go wrong with BRC. Immigration Law. He was ninth in his class AS K OUR REPS and had been interviewed by a number of fed­ Elizabeth Hill - Coord. Annette Bonell i eral district court judges and magistrates for Chri s Crit elli . positions as a law clerk. He was also involved Pa t Br anley in the school's judicial clinic, workjng tills Frank D' Angelo Mark Diamond semester in the chambers of the Hon. Charles Rich Logazino Lo ri Singer B. Sifton. Le onardo Viota Ann Gr emillot · Jonathan Murphy Cheryl Pe t retti Ma rcel Sa ger ....11 - Cons uelo Mallafre Elena Karabatos John McDermot t Jeanette Newman Mary Zaslofsky Steven M. Brown Cyrena Telesford Fund Established BRC Students have begun to collect contributions in orderto establish a fund WITH YOU EVERY STEP OF THE WAY in Mr. Brown's name. Those who wish to contribute should give their donations to SUCCE,SSOR TO THE MARINO BAR REVIEW COURSE Johanna Gurland in the placement of­ Eastern Regional Office: 10 East 21st Street, Suite 1206, New York, NY 10010, 212-505-2060 fi ce. Checks may be made payable to Brooklyn Law Schoo l. Mr. Brown i ur­ vived by his mother, Rita , and his bro­ First Year Students Interested i n Becoming ther. Sta nton. https://brooklynworks.brooklaw.edu/justinian/vol1984/iss8/1 BRC REPS Should Call Our Offic e ... NOW! 8 .. " et al.: The Justinian JUSTINIAN. December 10, 1984 • 9 Mediation Clinic Slated Brooklyn-Progress Continued from page J tion package for general information. If you but to all attorneys who inevitably will find have specific questions or are interested in themselves in a situation that will require poise, adding the clinic to your spring schedule, Copy Center delicacy, and an ability to develop a consensus contact Sandi Haye on the 9th floor, or call Dr. among opposing parties. Maria Volpe at John Jay College of Criminal The clinical part of the course will afford Justice at (212) 489-3287. students an opportunity to obtain training as Printing by all Processes mediators and then provide hands-on experi­ ence by allowing them to hear community dis­ Daycare pute cases after training. Continued/rampage J High Qualify Xeroxlng at You may be wondering if you. are right for mediation training. Dr. Volpe claims experi­ As a result of the small response the ques­ ence tells her that not everyone is. "W hat qual­ tionnaire was made availabl~ o'n school Reasonable PrIces ities a good mediator should have depends on grounds, but in the same format. When only whom you're asking," she said. Members of another, handful of people respOnded, a deci­ the labor sector say they want mediators who sion was made to have the qUe$tionnaire ad­ 193 JoraIemoII StIeet BIooIdrn, NY 11201 can twist arms but not break them. Divorce ministered in classes. This time it was changed mediation calls for dealing with more emo­ so that all students, regardless o( whether they (Juaf ..1IIoct from fIIooIdrn Law School} tional issues that do not always have the clear currently have-children, were ~ked if they lines of division that a contract dispute will favor the idea of establishing a d~y care center. have." However, she did emphasize that toler­ Those results are now being tahWated. 5.0886 ance, being non -j udgmental, the ability to' The questions about the survo/ and whether Telephone: Tr""," build trust, articulate problems, and shift there is sufficient interest in daYlcare have cre­ approaches as circumstances dictate are all ated problems for proponentSi, who appar­ important no matter what field you mediate ently have the administration ~n their side. SpecMI DIscounts to LII. Students in. They believe such a facility offer~ many advan­ If you're interested in the Alternative tages to the law school commuqity. Establish­ Dispute Resolution Clinic, see your registra- ing a center is viewed as making a great step forward toward attracting students and fac­ ulty to BLS who would be otherwise unable to attend law school or pursue legal scholarship. As Professor Minda states, "It will show that TO LEARN THE LAW Brooklyn Law School is a progressive institu­ tion that cares about child care. I think all employers have an obligation to help men and women with their chiid care respoJlsibilities­ it's an idea whose time has come." & Since the new CUNY law school in Queens Sum Substance is the only law school in New York City to have Comprehensive legal study aids featuring: its own child care center, the proposed center is viewed as a strong drawing faclOr to the choo!. • Detachable capsule outlines Another setback the proposed f acility faces • Cross referencing to each major casebook is one of a delay in it s planning and implemen­ tation. The 1983 facult y proposal recommend­ • Sample exams with explanatory answers ed that the law school hire a qualified consul­ • Complete table of cases tant who would " establish a plan and schedule for completion" by August, 1984, "so that • Easy reference index possible implementation be completed no later than January, 1985. " Following this schedule became impossible when the consultant, Elisa L. Crowe, was not hired until September, 1984, one month after the proposed cOl1)ple­ tion date of her work. She is currently working on her feasibility report, much or' which will be & influenced by her analysis of the recent ques­ Sum Substance Audio Tapes tionnaire. Professor Minda, who authored the 1983 • The nation's most outstanding lecturers in the law proposal, and who will be spending next e­ • 23 subjects available mester on sabbatical at Harvard Law School, says, "Unless you have a cut-off date, this • Mobility and study convenience for commuters could go on forever. I think the administration • A refreshing change from the constant reading of legal studies is diligently carrying out the proposal. Dean Trager is convinced it's a good idea. At some point the Committee must demand a com­ pleted report, and I would say that by January the faculty should demand this." Bernard J . Graham, President of the Stu­ dent Bar Association, is less convinced of the administration's commitment to the proposal. Essential Principles Series "At this stage, I think they're just dragging their feet. Either they have a commitment to day care or they don't." • Concise outline form~t According to Professor Minda, his 1983 • Detachable capsule outline proposal shifted the burden and it is now "clearly on the opponent to establish reasons • Review problems an~ sample exams why we shouldn't have a center. " The positi ve • Most titles have innovative "JIGs" flow charts result of Minda's 1983 survey seem to have been overshadowed by the unexplained need for yet another questionnaire. The results of this latest survey, and the Questions about its validity, seem to have muddied the waters. Whereas the day care center, at one point seemed only to be a question of implementa­ tion, now, according to Haver tick, no final decision has yet been reached on whether or AVAILABLE AT YOUR LOCAL LAW BOOKSTORE! not to establish a facility. " The center is not a or contact foregone conclusion," he states. "That deci­ sion will be made on the conditions of the feasi­ bility study."

Any students interested in the 16th national conference on women and the law, whose PublishedJosephson by Center BrooklynWorks, for Creative Educational 2018 Services (CES), 10101 W. Jefferson Blvd., Culver City, CA 90232 (213)558-3100 theme is "Building Bridges, Not Walls," 9 CES/BRC Eastern Regional Office:. 10 East 21s~ .S~~~~, Suite 1206, New York, NY 100.10, (2~2) 505-2060 please call 718/6244954 for further informa­ tion. ·· . • 10. JUSTINIAN. December 10. 1984 The Justinian, Vol. 1984 [2018], Iss. 8, Art. 1

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Even if it were to be held that these were et al.: The Justinian Gilbride on Contracts additional terms not within the contemplation Continued from page 5 of the offer then another seciton of the UCC, under the rule of Livingston v. Evans, which Section 2-207 would come into play and we covered in our casebook, there was a re­ permits the acceptance with additional terms affirmation of the original offer by Mr. Bell. io be considered as a valid acceptance of the The fourth question is whether there was a contract as a whole. The additional terms are valid acceptance by Mr. Hatling in his order considered to be proposals for addition to the form of Feb. 4, ordering 100,1)()() feet of pipe contract, not as a counteroffer and rejection. in ten monthly installments. The law as now enacted in the VCC Sect. 2-311 is that a contract is valid even though it leaves particulars of performance be specified Grading Update by one of the parties. When the specifications With the exam period closing in, there are are fully supplied as in this case the contract is mounting fears of a recurrence of the arbitrary compiete. The specifications are valid if in grading policies and disparity of scholastic good faith and within limits set by commercial scores that became a heated issue less than a reasonableness. year ago, Many students have refocused their In this case, the original offer called for attentions on the ephemeral Grading Commit­ specifications to be supplied by the buyer in his tee, a group of faculty members and students acceptance, which Mr. Hailing has supplied in that was formed to gather historical data (the his order form. The specifications are in good past two years) on the distribution of grades ment these efforts, the computer company in around ideas" but refused to disclose any de­ faith and commercially reasonable. The ·and recommend a reform proposal of a uni­ New Jersey that stores aU BLS records has tails until additional data was obtained and a offeror, Bell is a wholesale dealer, the amount form grading policy to the faculty by Decem­ been approached with a request to produce the formal proposal was prepared, which will is only half of what he set as a top limit. ber 1984. necessary data, principally through Dean hopefully be announced by the beginning of Delivery in ten thousand foot lots each month Bureaucratic delays, lack of communica­ George Johnson and Professor Arthur Pinto. next semester. for the remaining ten months of the year is tion and an abundance of computer 'red tape' Thus far, this avenue has proved equally in­ commercially reasonable since delivery was have apparently impeded the Committee's effective in producing quick results. offered at any time within the remainder ofthe prompt resolution of the problem. Using a re­ Professor Pinto remarked that the Commit­ year. Since Bell is a wholesale supplier and search assistant and clerical staff members, tee has discussed policy clianges based on the SBA Restricts Hatling a retailer this specification for some in-house data has been generated, but limited data currently at their disposal. He sug­ installment delivery seems reasonable. none sufficient to meet their needs. To aug- gested that they had achieved a "consensus Bar Review Ads

By JILL GINSBERG BLS's Student Bar Association met on Tues­ day, November 13 . The meeting started with President Bernie Graham suggesting a pro bono clinic; an idea proposed by numerouSalumni. An SBA mem­ ber would get together with a clerk from the federal district court to organize a list of firms that work on these cases. This could lead to RES IPSA LOQUITUR summer jobs and internship in federal litiga­ tion . SBA STudent Aid Service Problems The Student Aid Service, the SBA emergen­ cy loan fund, has $8375 outstanding from .,. $9575 loaned since 1971. Graham disclosed that some of this money was loaned to former SBA executives and that a former SBA presi­ dent still had a loan out tanding. He comment­ 'The Pieper New York State ~ Multistate ed that this situation wa "an absolute dis­ gra<;e." Bar Review offers an integrated approach Graham outlined a plan to rectify this situa­ tion . This was the first attempt to help the fu nd by an executive board ince the fund was to the New York Bar Exam. W e started. Graham said that Dean Trager had passed a resolution instituting penalties for those with emphasize sophisticated memory techniques, unpaid loan . Alumni, involved in li"tigation, will bring these cases to court. At the moment, the $2,000 left in the fund is frozen. The fund, essay writing skills and a concise, organized however, has now been turned over to Michael chreiber, who will be handling the loans. presentation of the law. Y ou will be Additionally. Graham tated that the SBA " has a commitment to publicize the fund." New Bu iness prepared and confident . There were many new proposals designed to make life easier for BLS students. A proposal for a weekly calendar of events was passed electing two SBA members to work on it. A proposal to ban bar course review literature, PIEPER NEW YOKK-MULTISTATE except where designated, was passed despite opposition. As Bernie Graham commented, "the measure is a ban of free speech." How­ BAKREVIEW ever, SBA secretary Orren Weisberg interject­ ed that "as a representative for a bar review course, the table in the cafeteria would It Speaks For Itself. suffice." The SBA also voted to establish an Ad Hoc Committee to study the po sibilityof the library Slaying open all night. The last resolution debated was for the SBA PIEPER KEPS ------to sponsor a Conference on Soviet Jewry at a Valerie Bailey Sarah M. Barish cost of $400. Bernie Graham raised the idea Theresa Begley Jeannette Diaz "as good media exposure for the SBA. " Orren Karen Kramer Jon Mostel Weisberg objected "because $400 is a lot of Carlos G. Ortiz Bill Phillips money." She also raised the issue that a new group, the Jewish laWyers and Jurists, should Candice Rosenberg Grace Scire help pay for the event. Another objection was David S. Wilde Jacqueline Williams raised by Phil Reizenstein on the grounds that 90 Willis Avenue "it is a political idea." However, lan Bjork­ Mineola, New York 11501 man felt that "because it is a human rights issue, we cannot turn our backs" on support­ ing this event. An 11-5-3 vote passed the reso­ ------Telephone (516) 747-4311 lution with an amendment providing for funds with possible financial assistance by the Jewish Published by BrooklynWorks, 2018 Lawyers Group. 11 '. 12. JUSTINIAN - .December 10, 1984 . The Justinian, Vol. 1984 [2018], Iss. 8, Art. 1

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