The Docket Historical Archives

11-1-1991

The Docket, Issue 2, November 1991

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Recommended Citation "The Docket, Issue 2, November 1991" (1991). The Docket. 163. https://digitalcommons.law.villanova.edu/docket/163

This 1991-1992 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. ihe^utkd' Villanova University School of Law

Vol. XXVIII, No. 2 THE VILLANOVA SCHOOL OF LAW November, 1991 Lcjw Review Symposium Heid The Villanova Law Review nomous decision making." sponsored its 26th Annual Sym­ Speakers included: Donald Ber- posium on Saturday, October 26 soff, JD, PhD, director of the at 1 p.m. at Villanova University Villanova/Hahnemann Law and School of Law in Room 29. The Psychology program; David symposium addressed the topic Wexler, JD, professor of psychol­ "The Right to Personal Autono­ ogy and law at the University of my; Integrating Legal and Psycho­ Arizona; Bruce Winick,JD, profes­ logical Perspectives." sor of law at the University of Louis Cali, syjnposium editor Miami School of Law; James Ellis, for the Law Review sai^, "Indi­ JD, professor of law at the Uni­ viduals are generally entitled to versity of New Mexico School of self-determination regarding fun­ Law; Elizabeth Scott, JD, profes­ damental issues such as medical sor of law a the University of care, finances, living situation, Virginia School of Law, William wills, marriages and sexual behav­ Altman, JD, MA, from the United ior, among other things. The right States Department of Health and to make such decisions may be Human Sciences, formerly with removed by our legal system and the American Psychological Asso­ certain groups of people are par­ ciation; Michael Smyer, PhD, ticularly susceptible to having professor at Pennsylvania State these rights removed — children, University and Patricia Parmelee, senior citizens and persons with PhD, from the Philadelphia Geri­ mental illness or retardation." atric Center. Stephen Anderer, managing The symposium was open to the symposium editor said, "This public. The Villanova University Deans Frankino, Reuschlein and President Dobbin with Cardinal Anthony Bevilacqua at Law Review Symposium will School of Law is located in Garey the annual Red Mass on October 18. focus on ways in which psycho­ Hall at the corner of Spring Mill logical science can contribute to and County Line Roads in Villan­ The Red Mass is offered to invoke the Divine Blessing upon the School of Law and the Legal legal treatment of the right of ova. For more information, call Profession. This tradition began in the Thirteenth Century at LaSainte Chapelle in France and vulnerable populations to auto­ 645-7050. at Westminster Abbey in England. The Mass was celebrated to implore divine guidance for those who judge, legislate, serve clients, teach and study law. The English celebration is on the Feast of St. Michael, the Archangel (September 29) the opening of the Michelmas termof the royal courts. Hate Speech Symposium In Washington, D.C., the Mass marks the opening of the October term of the Supreme Court ^^Uanova University School of Law and the Philadelphia Bar Association's of the United States. Bill of Rights Committee are co-epcMiMmng a seminar The Mass takes its name from the red vestments of the celebrants, the red and ermine robes "Hate Speech and the First Amendment." of the Law Lords and the scarlet gowns of the faculties. Red is the liturgical color associated The panel will include: Charles R. Lawrence, til, Professor of Law at Stanford with the Holy Spirit. University School of Law; Floyd Abrams, partner at the New York City law firm Cahill, Gordon & Reindel; Fredrick Schauer, Stanton Professor of the First Amendment at The School of Law first celebrated the Red Mass on the morning of October 10,1957. Harvard's Kennedy School of Government; and Nadine Strossen, president of the American Civil Liberties Union. Gilbert Carrasco, Professor of Law will serve as moderator. The symposium is Wednesday, November 20,1991 from 2-5 p.m., at the Friends Center Meeting House at 15th and Cherry Streets. The event is and no advance registration is necesseiry.

Special Section The Thomas Hearings pp. 4-8 • Prof. Hyson — The Court Opinion p. 4 • Prof. Dowd — IHistoricai Perspective p. 4 • Prof. Brogan — Doubting Thomas p. 4 and more!

DOCKET U.S. POSTAGE VILLANOVA LAW SCHOOL PAID VILLANOVA, PA. 19085 Villanova, Pa. Faculty members warm up before student faculty softball game. More pictures p. 14. Parmit No. 5

Nen-Prolil Organization Inside This Issue. Men on Fads/Women On Fads p. 2

Roving Reporter ...... p. 9

Sports p. 10

Faculty/Student Softball Pics p. 14 I • fc l" ffii y f T I WmJLMJLJ Iff £—

^ J- Page 2 • THE DOCKET • November, 1991

Men On Fads Editorial The chasm existing between final year of Law School. With We at the Docket would like or monthly meetings. If you want men and women is clearly evident that said, the story continues.] to explain why this issue is to help out with layout and other in their definition of what is Exhibit A: men with names like coming out a little later than miscellaneous office stuff, we important and what is not. Or Bruce who remain resentful about originally anticipated. There are could use the help, but you are what one is more conscious of. scheduling (giving this explana­ really two reasons. First, we certainly not required to do office Third year women, after a long tion as the benefit of the doubt). simply did not have enough arti­ work if you just want to write summer of long hours in the Unable to play softball on the cles, cartoons, etc. to put out an something. library and small talk at the power assigned field do to pee-wee soccer, issue on time. Second, Anita Hill We tried (and seem to have lunches lament: "That's not my a Mr. Bruce type will bitch (not came out with her sexual harass­ succeeded) in the first issue to butt, I knew my butt, I worked proper male behavior) about hav­ ment charges against Judge, now concentrate less on what society with my butt, and that is not my ing to take the long hike (300 Justice, Clarence Thomas, right was having which symposium butt." Of course this is overkill yards) to the next field. Now, men before the original deadline. We where and when and more on because diet is always the number of the depression era would say thought that reason enough to opinion pieces and humorous one female fad. But not of men. we played in coal fields, without postpone the deadline one week articles. For law school news, we For pointed evidence of this, lights, "And We Liked It!." But because of the great impact of the print the press releases from the simply look at major magazines the neo-80's attitude is more akin post-hearing inquiry. As you can Publicity Office, basically the whose subscription is dependent by Marty Lessner to "but that's a baseball field, not see from this issue, faculty and Who, What, When, Where and on one gender or another. Lady's Softball, and I simply can't play, students alike were moved to Why. That is not to say we don't Law Cosmo will focus on the there. So why don't you give up a handshake ... it's over. At write about this extremely unique care about law school news, but latest injudicial robes for the "full the game you are currently play­ least that's how good sports Supreme Court Justice nomina­ we would like to go one step figured" judge. Fantasizing about ing so I can start mine. I have play." tion at length. However, I would beyond the five W's. We think it food is just not "in" among men, things to do, you know." (At this Now gentlemen, while weight like to talk about the first reason would be more interesting for a unless fulfilling the four major point, the author has paraphrased and food hold no fixation, let's at a little bit more. member or officer of XYZ Law food groups of grease, caffeine. in order to make the thoughts least get rid of a certain "whine, There seems to be a misconcep­ Society to tell the law school tion that the Docket is comprised community why that society's of a staff, complete with reporters symposium or activity is impor­ Lady's Law Cosmo will focus on the latest judicial robes for the and photographers. This is not the tant to the law school and society 'full figured' judge. Daily Planet and we don't send as a whole. Basically, we want to Clark Kent and Lois L^e to a know what the members of the symposium and ask Jimmy Olsen law school community, primarily sugar and starch is listed. understandable to those of a cry, mewl, snivel, whimper, bitch, to take pictures. THIS IS YOUR the students, are thinking and But women have it right. Those different era or attitude or complain or gripe" that has reared PAPER!!! We are completely feeling. And it doesn't matter if previously mentioned fads relate intellect.) its ugly head. Or be doomed to not dependent on the law school it has anything to do with the law. to how they want others to per­ It used to be a stereotypical seeing ourselves as others see us. community at large, students, Since the last issue, I have had ceive them. Maybe they shouldn't male trait that when the game is faculty and staff. For the first about a dozen people come up to care, maybe they don't need to, over, beer is shared and life goes issue, I personally wrote or con­ me and say, "You should write an but the thoughts relate to gaining on. Maybe the proclivity for post- tributed to 5 of the 17 written article about X." The person then a positive self image. Men on the game squawk comes from above. pieces. In a law school with a goes on to describe in detail what other hand ... (Re: George Bush after a debate student body of over 650, that X is about. After about five min­ Anyone subscribing to the "Vil- — "I rally kicked her ass.") The shouldn't happen. If there's any utes, I say, "Why don't you write lanova Law Softball Illustrated" difference between winning and confusion, let me set the record an article about it? You are knows this to be quite another losing is simply the time of day. straight. obviously more interested in the story. The latest trend is a new But I defer to a third year female If you want to write an opinion subject than I am, so you'll prob­ type of late 80's man. "What's philosopher to put her finger on piece or an article, write it and ably do a better job." The person good for me, A1 Franken" would the pulse of the neo-80's male submit it. There is a 99 44/100% then gets a dazed look on his or be a good title. A "gimmee what's psyche [In reference to uncalled chance it will be in the next issue. her face as if to say, "Gee, I never mine" attitude that manifests for post-game comments regard­ Like we said in the last issue of thought of that. It almost makes itself whenever a male competitor ing the opposing team]: last year, basically, almost any­ sense." steps onto the Polo Fields. "This is obnoxious! Congratu­ thing goes. If you can't think of Like I said before, this is your [***Major-Caveat***]; the author lations on confirming my initial a subject or topic to write on, stop paper. Consider the Docket an is really just embittered about not impression of you as frat boys by the Docket office, and we can open forum for political, social, being able to write the uplifting with too much testosterone brainstorm. Also, you responsibil­ humorous, sports, entertainment, story of a righteous team that goes and too little intellect. I thought ity ends when you submit the and miscellaneous articles and from the cellar to the top in their when an ugly game ends with article. We don't have office hours opinions. The more diversity of views, topics and articles we have, the better the Docket can, and will, be. Women On Fads D.K. tion. I used to think that REAL It may sound like sour grapes, which, from its inception, seems PEOPLE were those people who I admit. But the fact is third year to me just a lot of bother. I guess women are dropping like flies. I am just the sort of person that pay taxes and balance their check­ Engagements have become almost looks for the cloud beneath the books. Now I am convinced that COUNSELOR a daily event. The erstwhile rainbow. Maybe it is part of my REAL people, and REAL clubs as well, become real by faking it. If nubile, available segment of my general sense of apathy, I cannot > class has succumbed to the trap­ fathom looking forward to any­ you do what every other club does, AT LARGE people will believe you, you can pings of marriage. It is like a thing but getting out of Decedents disease. These women look fine and then to graduation itself. Or even put it on your resume (pre­ ceded of course by a very active one day and the next thing you perhaps my problem is here I am, know, they are sporting rocks and feeling like the last single woman word like "founded" or "organ­ speaking a language which is in my class. But I know that is ized" or, my favorite — "facilitated"). foreign to me. It is the lexicon of not true. I know there are others. marriage. It spreads like a virus I can even list them. Usually we But SALSA will be more than in the victim, it becomes all the singles meet huddling around a resume booster. It will fulfill a victim can discuss. someone who is engaged. We say vacancy in our lives. We need all the appropriate "ooos'' and by Francie Elek SALSA to help us create laminated I admit, there is a lot to deal "ahhs"; we smile at each other versions of our lives to repeat for nosy relatives on holidays. We with in the immediate weeks supportingly; we roll our eyes. We need it to combat the stereotype succeeding the BIG QUESTION tell ourselves, we CHOSE this meetings (after all their motto is that a single woman is a — the hall (sit down, or buffet. fate. Now that logic works pretty "apathy is the disease no one cares by Tina Makoulian Dear Counselor-At-Large, I am a first year student and The erstwhile nubile, available segment of my class has succumbed to the trappings am very worried that I failed the legal research exam. I am still not of marriage. It is lil

"Being on the crest of the law" environmental lawyer is and what already, according to Mr. Manko, Arnold Discusses Africa's was how Joe Manko, an environ­ an environmental practice is in "sub-specialization, that is there mental lawyer, described the today's market. "An environmen­ are lawyers who are experts on Impact on U.S. Security status of his specialty in the legal tal lawyer does two things, first underground storage tanks, or profession during his afternoon of which is counseling clients on any other specific area." Mr. On Thursday, October 24,1991, that of Africa's; Nigeria accounts visit on October tenth to Villanova how to comply with the law." Manko impressed upon the Mr. Millard Arnold spoke at for about 20% of oil used in the Law School. The Environmental While the first is "preventative audience the vast scope of envir­ Villanova University School of U.S.; besides the Soviet Union, Law Society hosted Mr. Manko's medicine" the second is more like onmental law: "Environmental Law about "The Impact of Africa which is very unstable, Africa is presentation as a part of their crisis management. "Typically law is torts, contracts, real estate, on U.S. National Security inter­ the only other place the U.S. can efforts to bring practitioners to many clients come in at the end tax, and constitutional law." est." Mr. Arnold is currently get many of its resources; and the meet with students. of the stick." Such clients "come Accordingly, an enviironmental Senior Associate at the Carnegie projected economic growth for Mr. Manko is a senior partner to our office with a letter from the lawyer cannot be current on all Endowment for International some nations in Africa greatly at Manko, Gold & Katcher, a EPA asking us what it means and areas of environmental law. Com­ Peace. In this position he writes exceeds the projection for the U.S. young, environmental law firm it says that 'you are going to bining this topical complexity and lectures on a variety of public and some European countries. located just outside of Philadel­ jail.' " with the myriad of scientific and and private international law Afterwards, Mr. Arnold elaborat­ phia in Bala Cynwyd. He started Mr. Manko's envisions an envir­ technological aspects which per­ topics. During his lecture at ed on the present and potential out in corporate securities in a onmental practice in today's meate any area of environmental Villanova, Mr. Arnold attempted effects these factors have on large Philadelphia firm. However, market as divided between two law, and it is easy to agree with to clear up many misconceptions United States security. after making partner, Mr. Manko activities: counseling (i.e., "pre­ Mr. Manko in that "if you fall about Africa so that one could "got bored stiff" and took a chance ventative medicine"), and litiga­ asleep for 10 days, things will be better understand the present and The lecture helped clarify some on a moving into a vacancy in the tion. However, there is interplay changed drastically and in detail." potential impact Africa has on the misconceptions about Africa. EPA office for general counsel. — the litigators tell counselors U.S. Almost everyone walked away From the EPA Mr. Manko moved how to avoid mistakes that would To set the stage for the discus­ with a sense of awareness as to to help start an environmental create problems in a client's Next sion, Mr. Arnold brought the the impact Africa has on U.S. department within another large record. following facts to our attention: security interest, as well as its downtown firm. And it is from Mr. Manko closed his discussion the continent of Africa — which capabilities. The event was a job that department which Mr. Man­ with a few forecasts and sugges­ Deadline... is not drawn to scale on many well done by the Black Law ko's boutique environmental firm tions for the 50 odd students in maps — is so huge that the land Students' Association and the arose. attendance. Within the practice of November 23 mass of China and the Soviet International Law Society who Mr. Manko explained what an environmental practice there is Union combined does not equal were the sponsors of the evt^nt Page 4 • THE DOCKET • November, 1991 In The Matter Of Hill vs. Thomas Hill V. Thomas — received the following opinion in second term in the phrase should Despite her refusals, Thomas manner in which she has testified Findings of Fact today's mail: be pronounced.] Thomas has persisted in seeking social engage­ before this Court. Professor Paul John M. Hyson — 4: 4: ^ denied making the statements ments with Hill. testified that, on July of 1987, Hill October 21, 1991 Anita F. Hill, Plaintiff attributed to him by Hill. Thomas Hill also testified, in detail, told him that she had left the I was talking the other day with V. concedes, however, that the state­ about certain explicit sexual Equal Employment Opportunity Judge Jurist of the United States Clarence M. Thomas, ments (if made) would constitute statements that Thomas made to Commission (EEOC), where Tho­ District Court for the District of Defendant "sexual harassment." According­ Hill. All such statements were mas was her superior, because of Garey. Our conversation turned, ly, the Court will limit itself to made during working hours. The sexual harassment. as has every conversation in Opinion and Findings of Fact a review and assessment of the Court will not set forth such Evidence Offered by Thomas recent days, to the Senate Judi­ evidence relating to the issue of statements in detail because it Thomas testified that he cate­ ciary Commitee hearings on the JURIST, J. whether Thomas made the alleged fears that, if this opinion should gorically and unequivocally denied allegations made by Professor statements. Having assessed the be published in Federal Supple­ that he ever sought a social Anita Hill against Supreme Court The present matter involves a evidence, the Court will make ment, any detailed description of engagement with Hill; Thomas nominee (soon to be Supreme claim by the plaintiff, Anita F. Hill "findings of fact" in acordance the statements attributed to Tho­ also categorically and unequivo­ Court Associate Justice) Clarence (hereinafter referred to as "Hill"), with Federal Rule 52. mas would be read (repeatedly) by, cally denied that he had made the Thomas. Like me. Judge Jurist that on certain dates during the Summary of Testimony and could traumatize, future statements attributed to him by watched or heard all of the tes­ period of 1981-1983 the defendant, Evidence Offered by Hill generations of law students. Hill. Thomas testified that the timony. I asked Judge Jurist how Clarence M. Thomas (hereinafter The Court will begin by sum­ Hill's testimony was supported types of statements attributed to the factual issue that the Judiciary referred to as "Thomas"), made marizing the testimony offered by by the testimony of four witneses him by Hill were statements that Committee was called upon to certain statements to her during Hill. First, of course, is the tes­ — Judge Hoerschner, Ms. Welles, he would not make to any resolve — whether Judge Thomas the course of their working hours timony offered by Hill herself. Hill Mr. Carr, and Professor Paul. The employee. had made certain statements to and at their common workplace. testified in detail that Thomas, on first three of these witnesses Thomas also presented the Professor Hill — would have been Hill asserts that the alleged state­ several occasions, sought social testified that, on or about the time testimony of numerous persons, decided if the evidence had been ments constituted "sexual harass­ engagements with Hill. Hill furth­ that Hill asserts that the above- all women, who had worked for presented to a court that tried the ment." [The Court notes, with er testified that she declined all described statements were made Thomas when he was Chairman matter without a jury. Judge relief, that the use of the preceding such requests by Thomas, stating to her by Thomas, Hill told each at the EEOC. All of these persons Jurist was fascinated by the phrase in a printed opinion per­ to Thomas that she believed that of them about the statements — testified that they had had nothing question and volunteered to draft mits the Court to leave to another the existence of a social relatioship although she did not, speaking to but honorable professional rela­ and send to me an opinion that day the difficult, and much con­ between them could adversely any of these witnesses — describe tionships with Thomas. All tes- included "findings of fact." I troverted, question of how the affect their working relationship. the statements in the detailed (Continued on page 8) Damn the Process - Full speed Behind: A Quick Look at the History of the Confirmation of Supreme Court Justices by Professor Donald W. President Washington as a Asso­ President Jackson also had prob­ twice refused his choice. He was filling a seat Congress reduced the Dowd ciate Justice in 1789 and, like all lems with the Senate. His Secre­ thwarted not only by the Senate, size of the Court which it had What has been the role of the the other first appointments, was tary of the Treasury, Roger but by his own nominees. The son recently expanded to give Lincoln Senate in selecting Supreme Court easily confirmed. Justice Rutledge Taney, who had led the attack on of Philadelphia's most famous control. Justices? The Senate came within resigned almost immediately but the Bank of the United States, was lawyer at the time, Horace Binney, Grant won a great popular a whisker of selecting Supreme was reappointed, this time as refused confirmation by those said his father was appointed, victory but his attempt to name Court Justices itself. Oliver Ells­ Chief Justice in 1795 on a recess senators who were openly immediately confirmed and reject- his Attorney General Williams as worth, the second Chief Justice Chief Justice was opposed on the backed this proposal, but at the grounds of incompetence and last minute the Hamilton com­ 'There is no evidence that any president ever feit ttie necessity possible corruption (not a promise was adopted and its role unknown thing in the Grant was relegated "to advise and administration). His next appoin­ consent." It should be remem­ of asi

This Fall brought to television sought the truth vigilantly? Justice Thomas is off the hook. reasons so cogently stated in no one believed her. To me, her and radio the riveting spectacle of We need to move forward. Per­ His position as one of the ten Professor Hyson's column, printed story offers a comprehensible one of the most contentious, haps we can accomplish some (including the President) most elsewhere in this edition. I will not discomforting Supreme Court explanation for the otherwise closure and begin to put this powerful people in the country repeat them, but emphasize one. inexplicable, and therefore I find confirmation hearings one could messy, embarrassing episode requires that he be held to the I believe Professor Hill told the it quite credible.) imagine. Much has been said behind us by stepping back to highest standards. As demon­ truth, and did so out of a sense Given that I believe Professor about the impact of these hear­ assess what has occurred and to strated by former Justice Fortas' of duty, because this is the most ings, on the future of Supreme Hill, what can I make of the final determine what we might learn experience, lifetime tenure as a plausible explanation of the cir­ outcome? Either those voting did Court nominations, on the future from the events. Therefore, at the Supreme Court Justice is not cumstances. It is the only expla­ of most members of Congress, on not believe her, or, they believed invitation of the editors, I offer absolute, but rather qualified. nation that does not rely on wild her and still confirmed. While I the future of our political system, some reflections. With that said, consider some speculations about psychosis, find the first explanation trou­ and on the future of our nation. Before we proceed, it sfeems thoughts. fantasy or a clairvoyant- Observers have realigned the bling, the second is downright appropriate to put some matters I call Professor Hill hero. I call conspiracy for which the ground outrageous. If they believed her, positions of men and women, left openly on the table. I opposed her courageous. I call what she did work was laid ten years ago. and right, feminists and non- and still confirmed, then those feminists, democrats and repub­ who are charged with legislating licans, liberals and conservatives, our national well being are content old and young. They have positi­ to give lifetime tenure and the power of the Supreme Court to a oned the "sides" in what was "I call Professor hero. I call her courageous.' perhaps an unacknowledged ser­ person who used power of his ies of skirmishes but has now position to sexually harass an become a media-certified war. employee, and then lied about it. Justice Thomas' nomination. I selfless. Integrity calls on one to (Although certainly a different As I consider whether any good Much has also been said about opposed it before Professor Hill step forward even when it would situation, I am, nonetheless, the various important issues can come of the episode, I consider stepped forward for a variety of be more comfortable, more expe­ reminded of the ordeal of Linda the impact on combating sexual raised by the controversial series reasons, some of which are less dient, not to. It calls on one to step Marchiano, known as Linda Love­ of events: Who knew or should harassment and the need for obvious than others. I opposed it forward, even when one could lace. Cathrine MacKinnon des­ representation of all under- have known, acted or should have more vocally after she stepped easily dodge the obligation and cribed the plight of Linda Marchi­ acted, and when? Who did or did represented segments of our cul­ forward. But the nomination of never be discovered. Professor Hill ano, who wrote in two books. ture in places of power. not coerce, hide, fabricate, con­ Justice Thomas was confirmed. did the right thing. She did the Ordeal, and Out of Bondage, that spire, ignore or misunderstand? I am not sure how this episode He has taken his place on the hard thing. She did the thing that she had been abducted, beaten, will play in terms of combating How could have, should have, Court, and continuation of the her sense of duty told her she threatened, coerced at gunpoint, would have the nomination, inves- the ugliness of sexual harassment. . debate on the wisdomor propriety must. I hope she does not pay too and held captive, that she had to The rational part of me says a tigation and hearings been of his nomination becomes moot, dearly for that sense of duty. be hypnotized at the threat of handled more effectively? Who woman would have to be crazy to except as it reflects on those who I believe Professor Hill. I believe death in order to perform an come forward to press a claim of lied? Who told the truth? Who nominated and confirmed him. To she told the absolute truth. I almost incomprehensible sex act campaigned shamelessly? Who sexual harassment and so set be sure, I do not suggest that believe Professor Hill for all of the in the movie Deep Throat and that (Continued on pag/e 7) November, 1991* THE DOCKET • Page 5

Re: Sexual Harassment More Doubting by Daryl Bloom areas and is clearly wrong. ment? Walking away from the Another form of sexual harass­ confrontation seems simple ment is far more complex. Simply A few weeks ago, the big topic enough, but what if the incident stated, hostile environment dis­ occurs at her desk, or a place Thomas in the news, at least in regards crimination is inappropriate sex­ to the Thomas nomination hear­ where she needs to be in order to by Tina Makoulian ual language or conduct. Ascer­ accomplish her work? Should the votes. Think about it (and I'm ings, was the issue of sexual taining what language or conduct The last issue of the Docket sure you have)... if two senators harassment. What is this mystical victim be required to tell the asked "What's your opinion?" if performed constitutes sexual perpetrator that the conduct is not had voted differntly. Justice Tho­ phrase — sexual harassment? I harassment is difficult to deter­ about Judge (now Justice) Clarence mas would not be a Supreme am not sure how it is pronounced, welcome? How far must the indi­ Thomas. A lot has happened since mine. If the determination is left vidual go? This is the gray area Court Justice today. How can we he ras' ment or har'es ment. up to the alleged victim, there may that question was posed. For be sure that he is really the best Sexual harassment is defined, or on the victim's side. every person that you talk to, you be unmerited claims. In addition, Another gray area lies within person for the job when the vote rather identified in Title VII of the utilizing the victim's subjective will hear a different opinion. For was so close? Surely, there were United States Code. the conduct of the aggressor. those of you who are tired of the view is inconsistent. What consti­ What might be simple office other possible candidates who As set forth in Title VII, sexual tutes sexual harassment may be subject, stop reading now ... would have gained the confidence harassment is dependent upon the flirtation to one woman may be because here is yet another exceedingly dissimilar between a considered rude, threatening and of more than the slimmest of relationship between the parties. prostitute and a nun. opinion. majorities. More doubt... The parties must have an offensive toanother. An individual The day after Justice Thomas If the determination is to be may perceive his conduct as Now that Justice Thomas is a employee-employer relationship, based on the "reasonable" person was confirmed, a professor raised member of the Supreme Court, his where the victim is the subordi­ harmless and non-threatening. the question concerning the alle­ standard, can there be a fair One could possibly look to see the record during his tenure there will nate. Two types of sexual harass­ conclusion in a case where the gations of sexual harassment demonstrate whether he is a fair ment are generally accepted. They reaction to the comments or against Thomas: "How do you victim is a female and the juror action, but this requires the individual and one suited to the are quid pro quo and hostile a male? Generally, males are more know who to believe?" After all, position which has been conferred environment discrimination. Quid ability to read people well. It, both Justice Thomas and Profes­ open and tolerable in situations of therefore, becomes a judgement upon him. Maybe he will be a good pro quo translated from Latin this nature. Although not com­ sor Hill were very credible wit­ and fair justice, but does that simply means "this for that." In call, where the result may be mon, a female can sexually harass damaging. nesses. Both had others testify to mean he was the best person for other words, the employer exerts corroborate their stories. Both a male. Fortunately, the courts What can be done to rectify this the job? Maybe Justice Thomas is his power over an employee to are seeing the problems and shift­ seemed to speak with such con­ adequate, but a Supreme Court suggest an exchange, namely, dilemma? How much law do we viction and feeling. Some of you ing to a new standard, the "reas­ want in our lives? There is a fine Justice should have the confidence sexual favors for a promotion or onable" woman. Of course, this are saying, "Why drudge this up? and support of more than the some other benefit. It may also line between sexual harassment standard applies only to cases and innocent flirtation. If the This is a moot point." But is it? slightest majority of Senators and take the form of a threat of As long as doubts still linger in where the alleged victim is a courts do not come to some deter­ the slightest majority of citizens. detriment if some act is not female. the minds of many, it is a point The doubts raised during his performed. This form of sexual mination, they could become well-taken. Should the victim be required burdened by sexual harassment confirmation process will not soon harassment leaves little gray to expressly reject the harass­ On that same day, another be forgotten, and shold not be cases. professor commented that it is a forgotten when it is time to sad day for our country when a confirm another Supreme Court Supreme Court Justice is con­ Justice. But this is just one stu­ firmed by a margin of only two dent's opinion ... or is it? Re: Sexual Harassment by Angeline Chen-McMullin is more pervasive than was per­ opportunities or otherwise adver­ During the period from October haps previously realized by the sely affect his status as an 11th through the 15th, many American public, and a little employee, because of such individ­ Villanova law students and knowledge can go a long way in ual's race, color, religion, sex, or faculty, as well as the American educating the ignorant. A New national origin ... public, found themselves fascinat­ York Times/CBS News poll indi­ The Equal Employment Oppor­ The Right Side ed by the seemingly out-of-control cated that four out of ten women tunity Commission (EEOC) was Thomas hearings. Anita Hill, a had been subjected to "sexual created under § 705 of Title VII Did he didn't he? That's the 14, just before Senator Biden was professor of law, faced off Clarence advances, propositions, or unwant­ of the Civil Rights Act of 1964, question America asked itself as about to end the marathon special Thomas, the most recent Bush ed sexual discussions" from men as amended, and given authoriza­ its citizens once again were enrap­ Sunday session. Senator Metzen- Supreme Court nominee. One they were subordinate to in the tion to process all causes of action tured, transfixed, entranced, cap­ baum said something to the effect after another, witnesses for both workplace. A National Law Jour­ which fell under the purview of tivated, and entertained as televi­ of, "Well, Mr. Chairman, I guess sides were paraded forth like dogs nal survey claimed that an incred­ Title VII, including sexual harass­ sion, the fireplace of the twentieth the American citizens know why in a show ring, each one more ible 60 percent of the female ment. In keeping with this, EEOC century, brought the politics of we got a pay raise. It's 2 a.m.!" eager than the other to show how lawyers who responded reported Guidelines on Discrimination the process into our living rooms. He'll probably want another one well they knew the individuals that they had experienced Because of Sex § 1604.11 deals What am I talking about? The after this. and to display their own personal, "unwanted sexual attention" specifically with sexual harass­ Clarence Thomas nomination What appears at this point in remarkable skills at discerning from males in their workplaces. ment. This section states that post-hearing inquiry regarding time is that the Democrats tried the Truth. Powerful and credible Despite this, it is estimated that "[ujnwelcome sexual advances, Professor Anita Hill's charges of to play hardball and they lost testimony was given by each of only seven percent of the women requests for sexual favors, and sexual harassment against (then) because they thought they were the parties, painting themselves who experience sexual harass­ other verbal or physical conduct Judge Clarence Thomas. playing wiffle ball. I use the word as the suffering victims. And yet, ment actually file a charge against of a sexual nature constitutes Everyone seems to have an "appears" because indications are after three days of grueling and their harassers. sexual harassment when: opinion about whether Thomas that the infamous FBI report was more-often-than-not vicious cross- Despite all the recent attention (1) submission to such conduct harassed Hill when they worked leaked by a Democratic senator, examination, the jury may never from the media, there are many is made either explicitly or implic­ together some ten years ago. He probably Metzenbaum. Hopefully, be in as to who really was telling public misconceptions regarding itly a term or condition of an did it and he's lying. She has a a Senate investigation or a Pres­ the truth. what exactly constitutes sexual individual's employment; fatal attraction for him and this ident's Special Council will get to The hearings which took place harassment. Does ther have to be (2) submission to or rejection of is her way of getting back because, the bottom of it so that future over that weekend show the physical contact? Must the such conduct by an individual is to paraphrase Senator Howell leaks can be prevented. inanity of a political system gone harasser be the victim's superior? used as the basis for employment Hefiin, "She's a scorned woman." For those of you who thought amuck and brought out something May a charge of sexual harass­ decisions affecting such individu­ He did it and forgot about it. She I was going to use this column to close to the worst of all of the ment be leveled only against al; or misconstrued what he said. He did expound my thoughts on whether parties involved. There was some­ males? (3) such conduct has the purpose it and doesn't think it was sexual Thomas sexually harassed Hill, thing pathetic about the shame­ The answer to all of the above or effect of unreasonably interfer­ harassment. She's delusional and I'm sorry to disappoint you. I less political posturing of the is NO. In fact, many sexual ing with an individual's work actually believes what she's say­ simply don't know. It's entirely Judiciary Committee and other harassment cases involve very performance or creating an intim­ ing. And the game of "He said. She possible he did and it's entirely members of the Senate. There little to no physical contact. The idating, hostile, or offensive work said" goes on and on and on. possible she's lying. It's also was something ironic about sev­ most common cases do involve a environment." (45 Fed. Reg. 74676 Did any good come out of this? entirely possible something went eral of the senators (in particular, male superior who engages in the (1980); codified in 29 C.F.R. § Consider this. Do you think you on between them that neither one Senator Ted Kennedy of Massa­ harassment of a female employee, 1604.11). are more educated and/or sensi­ talked about, although if some­ chusetts) taking a strong stance but the harasser may also be a Under this definition, two clas­ tive to the issue of sexual harass­ thing did happen, it probably of defending women against sex­ coworker, an subordinate, or even sifications of sexual harassment ment now? I know I am. I also would have come out by now. ual harassment and becoming a non-employee of the company in are recognized. The first involves know I don't know where the line True to form, Americans used spokesman of the cause. There some circumstances. Sexual a situation where sexual favors or is anymore. Like William Hurt humor to deflect the seriousness was something revolting in Sena­ harassment may be alleged exposure to unwelcome sexual said to Holly Hunter in "Broadcast of the subject. "Why doesn't tor Arlen Specter's blatant and against either males OR females, conduct is made a condition of an News," "They keep moving the Clarence Thomas use Prudential? shmeless disregard for fairness and may be alleged against per­ individual's employment, or sub­ sucker." I'm no expert, but there Why use a piece of the rock when and simple courtesy. If the Tho­ sons of the opposite or same sex. mission or rejection of such con­ are plenty of gray areas and you've already got a piece of the mas hearings can be said to have Sexual harassment is defined duct results in a change of the disputes begun over a lack of hill?" or "Did you hear what accomplished anything definitive by law as a form of sex discrim­ individual's employment situa­ communication. There are egre­ Clarence Thomas said to Senator at all, it certainly managed to ination which is in violation of § tion. The second involves the gious forms of harassment but Kennedy? At least I bring 'em back convince the American public that 703 of Title VII of the Civil Rights creation of an "intimidating, there are also judgment calls and alive, Teddy." Maybe you think the Boys' Club of the Senate had Act of 1964, as amended. § 703 hostile, or offensive work envir­ communication between the sexes it's funny and maybe you don't. become increasingly full of itself provides: onment" as a result of such is needed as a "prevent defense" If you do, know that it's the stress and its grandiose proceedings. (a) It shall be an unlawful employ­ conduct described. against sexual harassment in the and seriousness of the situation However, one of the byproducts ment practice for an employer — Due to its fairly recent incep­ workplace or anywhere else it that makes it funny. And if you of the bizarre political fiasco may (1) to fail or refuse to hire or tion, the federal case history of may occur. don't think it's funny, know the be seen as positive. The social to discharge any individual, or sexual harassment is relatively Additionally, are you more same thing. awareness of the seriousness of otherwise to discriminate against small. EEOC guidelines note that educated regarding the Supreme On a lighter side, I would like sexual harassment in the work­ any individaul with respect to his "[i]t was not until 1976 that a Court Justice nomination process to cast "Clarence Thomas: The place was heightened as a result compensation, terms, conditions, federal district court found that now? You probably are, but you MiniSeries." Clarence Thomas in of the saga of Hill v. Thomas, at or privileges of employment, the discharge of a female employee are among the most educated in law school: Malcom Jamal- least for the immediate present. because of such individual's race, for rejecting the sexual advances our society. Most people can't Warner. Clarence Thomas, the With that awareness may come color, religion, sex, or national of her male supervisor constituted name one Supreme Court Justice, adult: Danny Glover. The second recourse for the many victims of origin; or sex discrimination in violation of but I bet those people know a lot Mrs. Thomas: Christine Lahti. sexual harassment who have long (2) To limit, segregate, or clas­ Title VII." William v. Saxbe, 413 more about the process now. I Paul Simon, the Senator: Paul suffered in silence and fear that sify his employees or applicants F.Supp. 654 (D.D.C. 1976), rev'd hope they know a little more about Simon, the singer. Joe Biden: Mike no one would believe them, or for employment in any way which and remanded on other grounds sub who's running the country. At Farrell. George Bush: Crispin believed that there was nothing would deprive or tend to deprive nom. Williams v. Bell, 587 F.2d approximately 2 a.m. on October Glover or Dana Carvey. they could do. Sexual harassment any individual of employment Page 6 • THE DOCKET • November, 1991

Chen-McMuHin

(Continued from page 5) by various male supervisors, that recognition of sexual harassment tute sexual harassment where serve negatively in causing many 1240 (D.C. Cir. 1978), decided on an employer is liable for sexual includes the following they unreasonably interfere with of these women to be over­ remand sub nam. Williams v. harassment which creates a dis­ considerations; the victim's work or create a sensitive, and take what may be Civiletti, 487 F.Supp. 1387 (D.D.C. criminatory working environment (1) A man as well as a woman harmful or offensive working considered as casual remarks by 1980) (submission to supervisor's even if it does not result in may be the victim of sexual environment. a male co-worker to constitute sexual advances was a term and economic harm to the victim. harassment, and a woman as well (6) There is no requirement that harassment. As well, many men condition of plaintiff's employ­ Bundy v. Jackson, 641 F.2d 934 as a man may be the harasser. the victim complain to the still harbor chauvinistic attitudes ment in violation of Title VII.) In (D.C. Cir. 1981). (Above case (2) The harasser does not have harasser or report the sexual regarding a woman's ability to the following year, three federal information from EEOC Guide­ to be the victim's supervisor. (S)he harassment to his/her supervisor survive and contribute to the courts of appeals reversed lower lines Supplement Information § may also be an agent of the or employer. However, the employ­ business world. Although sexual court decisions which had held 615.5). employer, a supervisory employee er will not be held responsible for harassment charges theoretically that sexual harassment claims In 1986, a case considered to be who does not supervise the victim, harassment by a co-worker or may be brought against either sex, were not within the scope of Title the current leading case definitive a non-supervisory employee (co­ non-employee unless the employer the reality is that the bulk of such VII. Garber v. Saxon Business of sexual harassment was decided. worker), or, in some circumstan­ knew or should have known of the charges are directed towards men. Products, Inc., 552 F.2d 1032 (4th In Meritor Savings Bank v. Vinson, ces, even a non-employee. conduct and failed to take imme­ The reasons for such a disparity Cir. 1977) (complaint alleged an Justice Rehnquist held that "(1) (3) The victim does hot have to diate and appropriate corrective in numbers are due to many employer policy or acquiescence in [a] claim of hostile environment be of the opposite sex from the action. Similarly, the employer considerations, such as the fact a practice of compelling female sexual harassment is a form of sex harasser. Since sexual harass­ will not be held responsible for that powers of position are still employees to submit to male discrimination actionable under ment is a form of sex discrimina­ sexual harassment by a supervi­ held mostly by men, and that supervisors' sexual advances in Title VII employment discrimina­ tion, the crucial inquiry is wheth­ sor which does not result in social attitudes still prevail in violation of Title VII.); Barnes v. tion statute; (2) employee's allega­ er the harasser treats a member economic or tangible harm unless terms of the inferiority of women Costle, 561 F.2d 983 (D.C. Cir. tions were sufficient to state claim or members of one sex differently the employer knew or should have both in status and assertive 1977) (appellant established prima for hostile environment sexual from members of the other sex. known of the conduct and failed rights. facie case of sex discrimination by harassment; (3) district court's The victim and the harasser may to take immediate or appropriate So what result of Hill v. Tho­ alleging that retention of her job erroneous belief that sexual be of the same sex where, for corrective action. But if the mas? It remains to be seen, but was conditioned upon submission harassment claim will not lie instance, the sexual harassment employer fails to communicate to certainly one result of all of the to sexual relations with her super­ absent economic on employee is based on the victim's sex (not employees an explicit policy above factors serve to caution men visor and that, but for her sex, required remand; (4) correct on the victim's sexual preference) against sexual harassment, and if in the workplace to err on the side such a condition would not have inquiry on issue of sexual harass­ and the harasser does not treat it provides no available means by of caution when making com­ been imposed; generally, an ment was whether sexual advan­ employees of the opposite sex in which employees can make their ments or behaving in a certain employer is chargeable with Title ces were unwelcome, not whether the same way. complaints known to officials in manner. It is undisputed that men VII violations committed by its employee's participation in them (4) The victim does not have to a position to correct the problem, and women think and see things supervisory personnel); Tomkins was voluntary; (5) evidence of be the person at whom the unwel­ then lack of knowledge will not differently. Several studies have V. Public Service Electric & Gas employee's sexually provocative come sexual conduct is directed. shield the employer from liability. been conducted regarding differ­ Co., 568 F.2d 1044 (3rd Cir. 1977) speech and dress was not per se (S)he may also be someone who [EEOC Fact Sheet on Sexual ences in the patterns of commun­ (a Title VII violation is alleged inadmissible; and (6) mere exist­ is affected by such conduct when Harassment]. ication between men and women. where (1) a term or condition of ence of grievance procedure in it is directed toward anoter person. Perhaps due to its relatively Sexual harrassment is largely a employment has been imposed, bank and bank's policy against For example, the sexual harass­ recent formation, the area of product of social ignorance and and (2) it has been imposed by the discrimination, coupled with ment of one female employee may sexual harassment is still amor­ outdated bit still widely accepted employer, either directly or vicar­ employee's failure to invoke that create an intimidating, hostile, or phous in many respects. Behav­ social attitudes regarding women iously, in a sexually discrimina­ procedure, did not necessarily offensive working environment iour which might unquestionably and their position in the social tory fashion). In 1979, the Court insulate bank from liability." 477 for another female (or male) co­ constitute sexual harassment in fabric of the workplace. The way of Appeals for the Ninth Circuit U.S. 57,106 S.Ct. 2399 (1986). worker. one circumstance may not do so to effect change is tocommunicate held that an employer is strictly Due to the many varied circum­ (5) A finding of unlawful sexual in a different context. A single between each other so that under­ liable for sexual harassment com­ stances in which sexual harass­ harassment does not depend on incident, depending on the degree standing of the many views may mitted by a supervisor, applying ment may occur, the EEOC has the victim's having suffered a of severity, may suffice to estab­ be accomplished. Unfortunately, the legal doctrine of respondeat determined that cases of sexual concrete economic injury as a lish sexual harassment. An what some may read as the moral superior. Miller v. Bank of Amer­ harassment must be investigated result of the harasser's conduct. increasing number of women are of the Thomas hearings is that ica, 500 F.2d 211 (9th Cir. 1979). and determined on a case-by-case For example, improper sexual entering into the workplace, men had better beware of saying In 1981, the Court of Appeals for factual basis. Although the most advances which do not result in accompanied with the awareness ANYthing to their female co­ the District of Columbia Circuit common situation is that in which the loss of a promotion by the - thatAvomen in manyarestili workers, for fear of reprisal in the held, ina case involving sexual a male supervisor sexually harass victim or the discharge of the at a disadvantage when compared form of a charge of sexual harassment of a female employee a female employee, the EEOC's victim may, nonetheless, consti­ with men. This awareness may harassment.

Ves, Mr. Johnston, you. Who's suing whom for what? .

( Okay, let's take It one step at a tinne. \ First, Mr. Johnston, "who?"

No, I mean yes. It is "who." As in j "who is suing whom for what?" Enough Contracts. I'm gonna learn you some Torts November, 1991• THE DOCKET • Page 7 —Brogan— (Continued from page 4) Professor Hill's courage will be to the hands of those who would find on sexual harassment and on Men are set up as a standard herself up for the sort of untoward sensitize us to the issue, and help in these events a green light for appropriate and inappropriate ... by saying either; "You can speculation that was unleashed decrease the actual incidence of sexual harassment. behavior. be the same as men and then on Professor Hill, especially given sexual harassment in the work­ But this might also offer at least We can accept and deal with the you will be equal," or "You the limited remedies available for place, and for that matter ever­ one constructive opportunity to fact that what men view as offen­ can be different from men, such a claim. (The civil rights bill ywhere. The problem with this seize from this otherwise unfor­ sive and what women view as and then you will be wom­ now before Congress would analysis, however, is that the tunate episode. I am most encour­ offensive often is not the same. en." Feminist Discourse, Mor­ improve the available remedies, confirmation of Justice Thomas aged by the open, candid discus­ One survey reported that when al Values and the Law, A whichnow are limited to back pay, can be read as a green light to sions of sexual harassment and confronted withthe same work­ Conversation, 34 Buffalo in some circumstances, and injunc­ those who always believed that related issues which the hearings place proposition more than 60 Law Review 11, at 21. tive relief — "harass no more." this whole idea of sexual harass­ have generated. I have no way of percent of the women found it Perhaps this helps explain why The new legislation would allow ment was a crock anyway. In a knowing whether suchdiscus- offensive, and more than 60 per­ Professor Hill's allegations were conpensatory damages for the bizarre way, it empowers the sions are occurring across the cent of the men found it offensive. not followfed up on by the Senate harm caused by the harassment, harassers by suggesting that they various segments of our society, This raises another important Judiciary Committee before expo­ damages which are available in can practice their ugly tricks with but certainly here at the law issue which can productively be sure to the public and the outcry other discrimination causes of impunity either because the nast- school, among my own friends, brought out on the table. That is, that resulted. This suggests as action. It is worth noting, howev­ iness Professor Hill so painfully and frankly within my own family are women asking for "special" well that we must address the er, that while damages in other described was not taken too questions of what does and what treatment, and does this not problem of under-representation discrimination cases are unlimit­ seriously, or because any victim should constitute sexual harass­ smack of the same protectionism in places of power and decision­ ed, the new legislation imposes a who steps forward will do so at ment are happening. The conver­ which put women on the pedestal making. It certainly suggests that cap on damages for sexual harass­ great personal risk. sations are lively, at times heated. we fought so hard to come up we have much to talk about, and ment.) A woman would have to To be sure, I do not by this Women are speaking out, express­ from? I suggest the answer is no. if we do so with open minds and be crazy. analysis suggest that Justice ing what were sometimes long- As Catharine MacKinnon points open hearts, we may just decertify This seems more compelling, Thomas's nomination should suppressed opinions about the out, when the model was designed the war and make it a productive since, as observed by Anna Quind- have been rejected just to make propriety of certain behavior. Men by male human beings for male dialogue. len in the New York Times on a point that sexual harassment is are speaking out about their own human beings, certain accommo­ October 23, Professor Hill was the serious business. That would uncertainty of where the lines are dations were built into the model perfect victim — intelligent, certainly turn the system on its and should be drawn. If these — those which suited or were accomplished, attractive, conser­ head. But recall, I believe Profes­ conversations are undertaken necessary for a range of male vative, religious — one of 13 sor Hill. Further, many other with open minds and good will, human beings. Accommodations children of a traditional farm people believe her, not just intui­ then the harassers may not be which are suited or necessary for family, who pulled herself up by tively, but many people found empowered. We can defeat the a range of female human beings boot straps quite similar to Justice her believable. The National shield so often thrown up in these are only built into the model if Thomas's to attend Yale law Law Journal surveyed federal contexts that a person doesn't they match the male's. MacKin­ school and become a law and state court judges and found know when he has crossed the non explains: professor. that these judges believed Profes­ line. We can defeat the "there but You realize that the options Another part of me counters sor Hill by a ratio of two to one. for the grace of God go I" mentality of either being the same as that this analysis looks at the That she was believable, and that makes many uncomfortable men or being different from lawsuit as the only solution. believed by many, yet the nomi­ withwhat are called gray areas. men are just two ways of Perhaps the indirect result of nation was confirmed plays into We can come to some consensus having men as your standard. Damn The Process (Continued from page 4) acrimoniuous disputes surround­ on as credible by the Judiciary Court and thus reassure the A third purpose of a hearing Ironically, Judge Parker's career ing some nominees who were Committee. Of course, the recent committee and the public of his could be to consider questions on the lower court showed him to confirmed. Justice Clifford who confirmation battle over Justice or her competence? There is good concerning the character of the be more liberal than Justice was named by Buchanan won by Thomas's nomination, in which argument that this is a sound nominee. Again, one would expect Roberts who was approved after a vote of 26-2^ In 1881 President he was narrowly confirmed, was reason to question the nominee. the President to name a prominent Parker's rejection. Hayes appointed an old friend who probably the most dramatic in the The Court not only decides impor­ person who has long been under had served with him in the Civil Court's history. tant constitutional issues but as public scrutiny and whose cha- President Nixon saw two nomi­ War and who had been a political the highest court in the federal ractrer is not in doubt. For the nees fail. Judge Haynesworth, a As significant as the occasions system must review many highly most part this has been the case. southern judge, was rejected ally and most significantly served as counsel to the Hayes-Tilden when the Senate has rejected or technical matters. Sometimes the But the very act of nomination allegedly because of conflict of election committee that secured narrowly confirmed a nominee is nominee is a distinguished judge may cause wild accusations to be interests while serving on the Hayes' election. In spite of having the fact for the most part it has or lawyer so that there is no made, and cause investigative lower court but more likely as a been a Senator from Ohio, and a accepted the nominations with question of his or her competence, journalists or political opponents Democratic reaction to Nixon's member of the party that con­ little or no scrutiny. Seventy- but often this is not the case. The to the nominee or the President "southern strategy" and the trolled the Senate, Justice Mat­ three nominees were confirmed by hearing on Justice Sutter, who to muckrake and dig up charges earlier filibuster by the Republi­ thews barely won confirmation by voice vote, and many others by was not a well-known judge, gave against the nominee. There is cans which had prevented Judge a vote of 24-23. Justice Lucius unanimous or near unanimous him the opportunity to handle this great pressure on the Committee' Fortas from being appointed Chief Quintas Concinnatus Lamar, who vote. Some judges were confirmed interrogation with skill and grace, to fill the vacancy promptly, to Justice although he had been was a Confederate officer had on the day they were nominated. showing how important a hearing keep the hearing under control approved by the Judiciary Com­ been barred from public office, but Sometimes the Senate would can be in this respect. and to appear fair to the nominee mittee. The Republican argument then pardoned, was named by confirm without even referring Another purpose may be to by not airing baseless charges. in the Fortas nomination was that President Cleveland in 1887 and the question to a committee (this enable the nominee to develop and The Judiciary Committee has had a lame-duck President Johnson won confirmation by a vote of 32- was the custom if the nominee defend his or her ideas and judicial great difficulty in devising a should make no appointment but 28. were a sitting Senator). Some­ philosophy to reassure the com­ process to accomplish these goals. leave the seat vacant so that the times there would be a brief mittee and the public he will be It is ill-fitted to investigate charges will of the people through the new The next seriously contested hearing by the Juciciary Commit­ sympathetic with the constitu­ under the pressure of time president could be achieved. If tee or a subcommittee. In any tional values that the Committee imposed by a nomination; and its there had been such a principle nomination was not until 1916 when President Wilson nominated event, until 1929 the hearings on thinks essential. This is more open, televised hearings are hardly at the time of that lamest of lame a nomination would be closed complicated question since a the best forum for deciding tough duck Presidents, John Adams, he Justice Louis Brandeis. After one of the most extensive hearings unless the Senate voted otherwise, justice should neither prejudge questions of fact. Members tend would not have given us Chief which it did only in the Brandies cases that may come before the to defend or attack witnesses, and Justice Marshall. President Nixon ever held in which the forces of early twentieth century liberalism and Hughes hearings. But leaks Court, nor make deals or promises the audience both in the hearing reacted to the Haynesworth rejec­ to the press of matters discussed to those v^ho can affect his room or at the television set cheer tion by appointing a yet more and progressivism battled the established bar and other conser­ at hearing led the Senate to adopt appointment. It is also complicat­ or denounce witnesses depending conservative and far less distin­ open hearings. Senator Connally ed by the fact that the President, on whether or not they support guished southern judge. Judge vative groups with some ugly overtones of anti-Semitism, Bran­ of Texas who had supported open the Senate and many public inter­ the nominee. The atmosphere is Carswell. Allegations of racism hearings later commented, "Hear­ est groups may have wildly dif­ seldom dispassionate and in fact and incompetence caused his deis was confirmed by a straight party vote of 47-22. Although ings are for the information of the fering views of these values. Most can be mean and sour. rejection as well. Nixon then committees, not for public amuse­ nominees refuse to answer ques­ A history of the Senate's role appointed a non-controversial Justice Hughes had been easily confirmed when first appointed in ment, not to have a legislative tions about cases which might in confirming justices shows a northerner. Judge Harry Black- 1910 by a voice vote, on his rodeo so that anyone can come on come before them; some nominees pattern of fitful activity which mun to fill the post. He was and have a good time." Since 1981, have refused to discuss any case varies from the supine to the approved by a 94-0 vote. reappointment as Chief Justice by President Hoover in 1930 he was hearings have not only been open at all. Justice Scalia refused to sensational and a process that but televised, making it possible Most recently. President Regan attacked as a tool of Wall Street discuss Marbury v. Madison. As evolved from secrecy to showman­ to have a national rodeo. had two misfires in his appoint­ but he won confirmation by a vote to their political positions. Justice ship. It is unlikely that the Senate ments. Judge Bork was rejected by of 52-26. Confounding his detrac­ The problems of the public Frankfurter convinced the Com­ will ever go back to secret hearings a vote of 42-58 after extended tors and disappointing his suppor­ hearings were compounded when mittee that he was a good Amer­ or turn the television lights off, hearings which centered on his ters, he became the leader in fact, the nominees began to participate ican and not a wild eyed radical. nor is it likely that nominees will judicial and political philosophy. as well as name, of the New Deal in them. Justice Frankfurter was Judge Bork apparently could not not participate in the hearings, Numerous groups opposed to the Court. In the case of Justice Black in 1939 the first to do so. He faced persuade the Committee that he but perhaps there can be a some positions they assumed he would the controversy arose after he was hostile questions but as he said could be trusted not to upset better definition of the appropriate take on the Court were heard and confirmed. It was reported that he he took charge in an atmosphere decisions which the Committee' ground rules for the hearings and he was questioned at length on his had been a member of the K.K.K. that was more like Madison favored and viewed as settled law. better procedures to assure fair writings and opinions. President He admitted that he had belonged Square Garden than a small But no matter what one thought and accurate fact finding. The Regan's next nomination. Judge many years before. Support from committee meeting room. He won of the result of the Bork hearing, Senate might also consider estab­ Ginsberg, withdrew after the Catholics, Jews, and Blacks as a round of applause as well as it made many Americans aware lishing a process that provides for press, not the Judiciary Commit­ well as his well known liberal unanimous approval from both for the first time of serious ques­ more uniform scrutiny for all tee, revealed that he smoked pot record in the Senate quelled the the Committee and the Senate. tions of constitutional law and nominations, not just for political­ while a professor at the Harvard controversy. Allegations of The advent of the nominee as interpretation. A visitor at the ly controversial nominations. And Law School. Regan's other appoin­ harassing and challenging black witness has left still unresolved Law School, Justice McCarthy of it is even possible that the Pres­ tees, Justices O'Connor, Scalia voters arose in the nomination of questions of why he or she is the Supreme Court of the Ireland, ident, breaking all tradition, could and Kennedy, were approved by Chief Justice Rehnquist as an there. got caught up in the hearing and actually request the advice of the votes of 99-0, 98-0 and 97-0 Associate Justice and on his Is the role of the witness to said it was a extraordinary civic Senate in order to foster a less respectively. appointment as Chief Justice, but demonstrate his or her familiarity lesson which could be found confrontational confirmation There were some close calls and these allegations were not relied with the law, constitution and the nowhere else in the world. process. Page 8 • THE DOCKET • November, 1991

narrative, even to her closest taken these actions if Thomas haa circumstances that she has friends. (Continued from page 4) Hyson made the statements that she described. ulation) that suggests any improp­ The testimony offered by Tho­ attributes to him. tified that they could not believe The court believes that this er motivation on her part. There mas was impassioned but does not The Court might be inclined to finding is at least "more likely that Thomas would make the is, of course, the fact that Hill has stand up to the specific, corrob­ the inference argued by counsel than not" (i.e. 51% probable), the types of statements attributed to gained a degree of fame in pres­ orated testimony offered by Hill. for Thomas were it not for two him by Hill. requirement for findings in civil enting her testimony; however. Though Thomas was forceful in factors: Hill's explanation and, as matters. Indeed, were the Court Thomas and others presented Hill has also subject^ herself to his demeanor, there are a number previously described, the four to apply the standard in criminal testimony to the effect that, over considerable vilification. (The of factors that cause the Court to contemporaneous statements proceedings — beyond a reasona­ the years, Hill has maintained a court notes that, on the day it question his credibility. First, the made to Judge Hoerschner, Ms. "cordial relationship" with Tho­ ble doubt — the Court would writes this opinion, it has been Court notes that, after Hill's Welles, Mr. Carr, and Professor make the same finding. The Court mas. Thomas testified that Hill reported in The New York Times charges became public, Thomas Paul. Hill testified that she went does have some doubt about its had accepted Thomas' invitation that an Oklahoma state legislator did not present himself publicly to the EEOC because Thomas's finding — it was not present at to move with him from the Depart­ has written to the President of the to deny the allegations made by offensive statements had stopped ment of Education to the EEOC all conversations between Hill and University of Oklahoma demand­ Hill. The Court believes that a and because she wanted and Thomas and thus cannot be abso­ and that this move had taken ing the dismissal of Hill.) Many person wrongfully charged with needed the job at the EEOC. She lutely certain about what was, or place after, according to Hill's witnesses, including Thomas making the statements attributed further testified that she main­ was not, said. However, such testimony, Thomas had made himself, have testified that they to Thomas by Hill would demand tained a cordial relationship with grounds for doubt as have been certain of the statements attrib­ are unaware of any circumstances an immediate public forum in Thomas, after leaving the EEOC, suggested — speculative theories uted to him by her. Two wit­ in which Hill has lied to them. which to clear his name. Second, because she believed it was in her of fantasy, spurned woman, con­ nesses, Mr. Grayson and Mr. The Court rejects out of hand the Thomas's testimony about his professional interest to do so. [It spiracy — do not give rise to a Stewart, testified that Hill had "spurned woman" theory sug­ aversion to pornography is contra­ is, of course, irrelevant whether "reasonable" doubt. They are not spoken favorably about Thomas gested by, among others, Ms. dicted by the statement offered by it was "fair" for Hill to take supported by reasonable evidence. at an American Bar Association Berry-Myers. The court notes Ms. Coleman. Third, Thomas's professional advantage of her Furthermore, they are inconsist­ Convention in August of 1991. that, at the time of the statements overall truthfulness is called into relationship to Thomas and then One witness, Dean Kother, testi­ ent with credible, and unchal­ attributed to Thomas, Hill had a question by an earlier statement charge him with sexual harass­ lenged, evidence — the testimony fied about a social meal in Tulsa, social relationship with the wit­ in which he, a candidate for the ment. The question of Hill's of Judge Hoerschner, Ms. Welles, Oklahoma, in which Hill and ness Carr. More significantly, the nation's highest court, denied "fairness" in presenting her Mr. Carr, and Professor Paul. Thomas appeared to be enjoying Court gives no weight to the having ever discussed the contro­ charges is not before the Court. The Court concludes by noting, each other's company and after testimony of Ms. Berry-Myers. versial case of Roe v. Wade. The only question before the with considerable regret, that its which Hill drove Thomas to the Ms. Berry-Myers offered no evi­ Finally, Thomas, unlike Hill, had Court is whether Thomas made finding leads it to conclude that Tulsa airport. Several former or dence in support of her "spurned a clear motivation to lie under the statements attributed to him defendant Thomas, in testifying present EEOC employees testified woman" speculation; further­ oath — the denial of Hill's asser­ by HiU.] in this matter, lied under oath. that Hill had never told them more, it appeared to the Court that tions was necessary in order for Hill's explanation of her actions Accordingly, the Court is sending about any allegedly improper Ms. Berry-Meyers strongly dis­ him to be confirmed to the is credible. It is more credible than a copy of this opinion to the United statements made to her by liked Hill because according to Ms. Supreme Court. the inference argued by counsel States Attorney for the District of Thomas. Berry-Myers, Hill was "aloof." Counsel for Thomas relies heav­ for Thomas. The inference argued Garey and requesting an investi­ Most of Thomas's witnesses, The Court also rejects the ily upon the testimony that Hill by counsel for Thomas — fhat gation into charges of prejury including Thomas himself, testi­ fantasy theory that was offered by followed Thomas to the EEOC Thomas never made the state-, against Thomas. fied that they could not offer any the witness John Doggett. Though and that she maintained a "cordial ments attributed to him by Hill explanation, or motivation, as to Mr. Doggett appeared to the Court relationship" with Thomas after — is inconsistent with the credible /s/Jurist, J. why Hill would lie about the to be an expert practitioner of she left the EEOC. Hill does not and unimpeached testimony of statements that she attributed to fantasy, the Court believes that dispute that she went to the Judge Hoerschner, Ms. Welles, Thomas. A few offered their Mr. Doggett's own fantasies about EEOC after, according to her Mr. Carr, and Professor Paul. speculations. Thomas himself himself make him a witness testimony, Thomas had made Based upon the preceding assess­ exprressed the belief that Hill whose testimony is not worthy of sexually offensive statements to ment of the evidence, the Court Judge Jurist accompanied this presented her testimony because belief. Even accepting the factual her. She also does not deny that, makes the following finding of she was persuaded to do so by opinion with a note expressing components — such as they were after leaving the EEOC, she fact: . doubt that the U.S. Attorney certain unspecified "special inter­ — of Mr. Doggett's testimony, sought to have a "cordial relation­ On various dates during the would investigate possible perjury est groups." According to Ms. they do not support the conclusion ship" with Thomas. Counsel for period from 1981 to 1983, the Berry-Meyers, Hill sought a charges against soon-to-be Justice that Hill is inclined to fantasy. Thomas argues that these undis­ defendant Thomas made the Clarence Thomas. To think oth­ romantic relationship with Tho­ If the Court were to conclude puted facts give rise to the infer­ statements attributed to him mas and was disappointed when erwise, Judge Jurist said, that in this case that Hill's testimony ence that Hill would not have by the plaintiff Hill in the would be fantasy. Thomas showed no interest in was the product of fantasy, it her. Finally, Mr. John Doggett would have to conclude in every testified that, based upon a coif " Case of sexual harassment that versation that he had had with testimony such as Hill's was the :r4/ €>c^036/^ Hill at a going-away party, he product of fantasy. believed that Hill fantasized about her relationships with men. Finally, in assessing Hill's Hill's Rebuttal Testimony testimony, the Court gives very Hill presented by way of rebut­ great weight to the corroborating tal a statement that was (ironi­ testimony of four witnesses — cally) made by Vanida Coleman, Judge Hoerschner, Ms. Welles, a person who otherwise supports Mr. Carr, and Professor Paul. Thomas. In this statement, Ms. Each of these witnesses was Coleman said that, when in law credible; indeed, counsel for Tho­ school, Thomas would frequently mas made little or no effort to tell fellow students about porno­ attack their credibility. Each of graphic movies that he had seen. them testified that, long before Assessment of Testimony Hill's testimony in the present The Court finds the testimony matter, she had stated to each of of Hill to be credible. Hill holds them that she was being subjected a responsible position as a tenured to sexual harassment by her professor of law at the University employer. As Professor Paul said of Oklahoma. Numerous friends in his testimony, for Hill to have and colleagues have testified that made these statements with the Hill is a person of integrity. In intent of pointing to them years ^7- 77/£. assessing Hill's testimony, the later in support of a claim of court is particularly impressed by sexual harassment against Tho­ the fact that Hill is a reluctant mas, she would have had to be witness. She did not make her both "an Academy Award win­ statements public until her ning actress" (in persuading each charges were released to the witness that she was sincere) and public by some unidentified "a prophet" (in seeing that Tho­ person. mas would, years later, be a The Court here wishes to note nominee for the highest judicial and emphasize that, for the pur­ office in the land). pose of determining the issue In claims of sexual harassment, before it — whether Thomas courts look to see whether such made the statements attributed to claims are supported by contem­ him by Hill, the manner in which poraneous statements made by her charges were made public is the accuser. One credible witness totally irrelevant. It may be that testifying to one such contempo­ the person who publicized her raneous statement is significant statements violated a duty, but evidence to support the accuser. that is not a ihatter that is Here there are four highly credible relevant to the issue before the witnesses testifying to four con­ Court. It is even possible, as temporaneous statements. Such Thomas asserts, that one or more evidence is compelling corrobora­ "specialinterest groups" encour­ tion of the testimony offered by aged Hill to come forward with her Hill. The Court is unimpressed charges. However, there is abso­ with the argument by Thomas's lutely no evidence to support this counsel that some of the contem­ assertion and, even if there were, poraneous statements should be such evidence would be irrelevant, given little or no weight because the only issue before the Court is the statements were not as whether Thomas made the state­ detailed as Hill's testimony or did ments attributed to him by Hill. not refer to Thomas by name. The In assessing the testimony of nature of the statements attrib­ Hill, the Court is also heavily uted to Thomas by Hill was such influenced by the lack of any that one could understand Hill's testimony (or even credible spec­ reluctance to provide a detailed November, 1991* THE DOCKET • Page 9

What Are The Three Problems With VLS?

Nadine Hunt — 2L INo Fall break. 2.We need a longer Winter break. 3.We don't break for Summer break soon enough.

Jean Schilling — 3L INo MAC machine. 2No juice machine in the vending room SNadine Hunt does not have an attitude.

Doug Gaston — 3L 1.Traffic jams in the hallway, let enough parking if you come in after 11:00 a.m. 3. No Au Bon Pain in walking distance.

Frank Nofer — 2L IBluebooking. 2Air conditioner ("that only Tom Downey — 2L doesn't work when it's INot enough motorcycle really hot"). parking. 3Parking. 2.T00 few athletic fields. 3Not enough peace, love and understanding. 4j(What's so funny?)

Scott Donnini — 2L •l.That, by some strange coincidence, all library assistants are also minor league ballplayers and the Faculty/Staff team denies any involvement in hiring them. 2.That they don't just break down and open a snack bar in the library. 3.Ticket-happy campus security stalking the park­ ing lot. Just give them guns.

/ Page 10 • THE DOCKET • November, 1991

Rugby and Student/Faculty Softball

by John Lago impressed with the turnout, not (and won a few) made the heralded Harmless Error, however, as they third out. Tons of physical contact. just with the numbers, but with playoffs. This of course left some lost 5-4. Crass Action lost to Sue "The Whammer" drove in People moaning in pain. the quality," says Downey. teams out in the cold, looking in, Everyone, 12-11. E.M. took care of another two in the bottom of the Lots of pouring sweat. "Woody" points to the inexpe­ which leads to our . . . Sue Everyone, beating them 4th, driving in Mike Scher and Art Crowds cheering on. rience and injuries as reasons for BOO 0' THE MONTH... No, this bythismuch, 5-4. As of this writ­ Carine. "Woody" got another RBI, Just another kinky night at my the disappointing start. "We got has nothing to do with Halloween. ing, Harmless Error and E.M. had scoring Peter Norman. "The place? Guess again. These sights a young team," he says. "We're This boo goes to the softball not yet battled to determine who Whammer" scored on a throwing and sounds signal the beginning just having some trouble playing Commissioner for not allowing would face NWA in the champion­ error to make it 11-5. In the 6th, of another season for our beloved together as a team." With regard ALL teams to make the playoffs. ship. I'll tell you all about it next the Faculty made it interesting, VLS rugby team. to the plethora of injuries on the OK, so this isn't a perfect world month. with Palm getting his second They're baaaaak ... and Arnold team, Mike Andrews said, "I've and life isn't fair (and I admit I Barcelona or Bust... Due to my triple of the game, scoring Hyson Schwarzenegger is quaking in his never seen anything like this have more than a passing interest hectic and busy social schedule (I and Yelnosky. Palm later crossed boots. And why not? These guys before in my life. We haven't had in this since my team, the Cheer­ can hear Mom yelling already), I home, but the Faculty would not aren't exactly Girl Scouts in the same team two weeks in a leader Moms, did not qualify). But was unable to attend the fundrais- do so again. cleats. Last year, they compiled a row." teams were eliminated not only ing fiesta for Mark Berckner. You 4-2 record in the fall, and a 5-1 Leadership would seem to be based on their record, but on the know, the Olympic hopeful who In the 7th, The Students got record in the spring, losing only missing on such a young team. number of games played. C'mon, goes to school here on the side? two insurance runs. "The a nailbiter to a tough Penn Law Guess again. Captain Matt Lyons, like parents tell little league Well, I do wish to extend my best Whammer" ripped one for a triple. team. along with selectors (that means coaches: Let the kids play! What wishes to him. I had the pleasure Mike Klein drove him in with a This year, the competition has they help select the lineups) Rich major inconvenience would it be •of playing against him and his single. Downey got an RBI, scoring proven to be tougher, as they Cobb and Eric Engelhardt, give to allow a team one more chance partner in the Tennis Tourna­ Klein to make it 13-8. Editor/ moved into the Graduate School the team plenty of guidance. for glory? More than likely they ment, and he seems like a genuine­ sports god Krell ended the inning, League for the first time. Their "Matt has done a fantastic job would lose, but they would at least ly good guy. Here's hoping good trying to stretch a single into a first game, on September 28, was honing the team's skills. He has have the satisfaction of having a guys finish first, and make it to triple. against the defending national done an amazing job turning the shot. And if the Braves and Twins Barcelona as well! champions, the Philadelphia Col­ team around," says Woody. can go from worst to first, then Speaking of tennis, the weather lege of Osteopathic Medicine. The Some would think of a rugby some team that's 0-4 may win one. couldn't have been better for the game was close up to halftime, but player as a stereotypical, single- Let's not forget, just last year, a 1st Annual Phi Delta Phi Tennis eventually our ruggers lost 23-0. minded jock. Guess again. Diver­ winless first-year team (nee the Tournament. Everyday students Nine of the 15 starters in that sity is another characteristic of Evil Wetherbees, this year — the were graced with the presence of game sustained injuries. The this team. Rugby players are Cheerleader Moms) made an Professors Levin, Carrasco, and injury list read like a busy doctor's represented on the SBA, Honor unlikely yet thrilling run in the Palm. Everyone seemed to have a chart: Concussion, broken nose, Board, Law Review and even the playoffs after gaining a berth. good time, and there were no broken ribs, back injury, and Women's Law Caucus. They've These Bad News Bears wanna-bes McEnroe-like outbursts, except groin injury. Even Scott "Woody" sponsored a blood drive, had fell just one run short of winning for one player who constantly Phillips admitted, "Woody had a fundraisers, been involved in the the championship. Who's to say muttered four-letter words under knee injury." A week later, they Roundhouse Project and lent their it couldn't happen again? So next his breath and threw his racket went up against Temple Med. respective hands at TG's. They year, Commish, give everyone a once after losing a point (OK, OK, This one was closer, but Temple even care about the way they're shot. They just might surprise so I was a little ^yper, but it's not won by 4. A season-ending separ­ perceived. "If there is a bad rugby you. like I killed anyone, right?). Con­ ated shoulder, a scratched cornea image, we're sorry. We had Now that I got that out of my grats to Paul DellaFranco and and other smaller injuries hit nothing to do with that. We're system, let's get to the teams that Rich Gable who won the whole some unlucky club players. students first," proclaims did qualify. In one half of the thing. This duo was dynamic, Second City Troop, a team the Downey. bracket, the Frustrated Firsts folks. And thanks to Larry Lem- rugby club had beaten last year, One area the ruggers would like dueled it out with Unnamed. The pert, who was unlucky enough to Turk: In Absentia , got some revenge by defeating to see improve is fan support. "We Firsts emerged as the victors in get me as a partner, and waas nice VLS, 20-6. Alan Greis suffered a need some more fans," implores that game, by a 7-6 score. The enough to put up with me. season-ending concussion. A "Woody." And with an upcoming disaster struck, as in the Great Soccer... I had the opportunity heart-breaking loss to Jefferson home game on Nov. 16 against 20th Century Disaster, who elim­ to practice with the guys on the Med has given the VLS rugby club Temple Law, and more home inated the Firsts. Meanwhile, VLS .team one steamy Friday an 0-4 record, and left some fans games next semester, where . NWA was busy crushing oppo­ afternoon. Let me tell ya, these The Faculty didn't threaten in wondering what's happened. should you be? Home with the nents. They beat Doublejeopardy, guys (and gal) are talented and in the 8th and final inning. Peter Some might think panic would hit folks? In the library outlining for 10-2, and The Firm, 17-6. They shape. I figured they'd be tough Norman got the save, getting the the players themselves. Guess next year's exams? Guess again. faced Great 20th Century Disaster to beat, and so far they have.been. Faculty to ground out and pop up again. Around the bases ... Due to in the semis, and crushed the They're undefeated against the twice in the 8th. "Woody" "We are, by far, a better team conflicts with classes, pressures veteran team, 19-7. NWA out- lowly undergrads. Their first recorded the win, raising his than last year," says Tom Dow­ with appellate briefs, and a rash scored their opponents 46-15, on game was a 5-2 win. Their next record to 20-3, and now has a ney, President of the rugby club. of local plagues, many of the their way to the championship. In game was rained out and post­ miniscule 9.45 ERA. His two This team isn't loaded with third games early in the intramural the other half, the Faculty/Staff poned. However, they washed up strikeouts gave him 176 K's this years, but that doesn't mean Softball season were postponed. exited the playoffs quickly and the competition in their following year. "The Whammer," who was they're not ready. Plenty of first However, some teams were able quietly thanks to a first-year contest, blanking the opposition, only a double away from hitting and second years have picked up to avoid these hazards and actu­ squad. No Name, by a 13-12 score. 10-0. A close eye will be kept on for the cycle, got Player of the the slack. "We've been really ally played ball. Those that did No Name had no luck versus these unknown but skilled ath­ Game honors, with his five RBI's, letes by yours truly. including his 3-run round-tripper. Teaching An Old Prof New He also made half a dozen Barry Tricks ... The annual Student/ Bonds-like catches in the outfield Faculty softball game turned out to help preserve the win. As the to be a fun-filled, beer-filled fest game ended, the Faculty could be for all. The Faculty learned a heard saying, "There's always thing or two as the defending next year. Those chumps won't champion Students repeated by be here forever ... right?" winning, 13-8. Professor Dowd, who did not suit up for the game (due to two broken legs, a separ­ ated shoulder and three cracked And now, what you've been ribs sustained in a rugby game) waiting for: The Top 11. (Why 11? initiated the festivities with a Why ask why?) In lieu of actual theDiKild: rousing and inspirational rendi­ article material, we proudly tion of the Star-Spangled Banner. present: The Faculty led off the first The Top 11 Least Popular BOARD OF EDITORS inning with four straight singles Intramural Sports And Games by Professors Carrasco, Hyson, At VLS Editors-in-Chief Photography Editor Yelnosky and Palm. Palm and 11. Guess the smell David Krell Angie Chen-McMullin Yelnosky scored on a throwing 10. Midget professer tossing Mark Helwig error. The Students retaliated 9. Hide and seek Layout Editor Sports Editor with two runs of their own in the 8. Synchronized shaving Lisa Calberg John Lago bottom of the inning. Scott 7. The 1500 meter lick-off "Woody" Phillips singled, Tom 6. Nerf chess Downey doubled, and Editor/ 5. Team binging and purging sports god David Knell drove in 4. Bungee bowling Contributing Writers: Christine Boston, Daryl Bloom, Scott Donnini, Tom the first Student run with a hit. Downey, Marty Lessner, Chris tuning, Tina Makoulian 3. Spin the bottle with Clarence Downey later scored on a Profes­ Thomas sor Sirico error. In the bottom o' 2. Monkey ball The Docket is published monthly by the students of Villanova University the second, the Students took the and number 1, moving up three School of Law, Villanova, Pa. 19085. Letters and articles are welcome from lead for good with five more runs. notched from #4 last week students, faculty, alumni and the community. Paid advertisements are also John Horan led off with a single. 1. Tic-tac-tongue accepted. The Docket is distributed free to all current students, faculty and Art Carine singled him home. administrators. Alumni who wish to receive The Docket by mail should notify John 'The Whammer" Morganst- The Docket office at the above address. ern later blasted a 450 foot 3-run homer, to make the score 6-4. Coming up next month... anoth­ "Woody" followed with a solo shot er Top 11 (oooohh!) ... final Faculty Advisor to make it 7-4. The Faculty made results from intramural softball Prof. John Cannon it 7-5 when Palm scored on a base (unless everyone has something hit, after he led off the 4th with better to do than play softball, like a triple. The Faculty had the bases watch Oprah)... an update on the loaded with only one out, but intramural soccer club ... street couldn't score again in the inning, hockey?... and rugby, rugby, and with Professor Becker making the more rugby!!! Stay tuned! November, 1991* THE DOCKET • Page 11

Softball Season Ends Pro Basketball Gets Underway The first season has ended, and Second seed playoff team By John Lago is a work-horse. He's an All-Star Scottie Pippen put the "migraine" the playoffs (at the time of this "Harmless Error" brings into By now, you've probably seen in the making. The Nets blocked game to rest in the playoffs, and writing) are to begin. As the Dead "The Show" the top ranked or heard everyone and their moth­ more shots than anyone else last will be a perennial all-star. John might say, "What a long, strange offense, and the worse ranked er's predictions on the upcoming year. And rookie guard Kenny Paxson is the perfect complement trip it's been." Like Jack Buck and defense. By the scores, it looks like NBA season. So I figured, if they Anderson may be the next Magic. to Michael Jordan in the back- . the rest of the CBS crew said on some of their games were football. can do it, so can I (by the way, — Negatives — Anderson may court. Horace Grant does the job the eve of the other World Series, Another team with a bye in the mom, dad and sis like the Bulls also become the next Dennis underneath the boards, and Cartw- "Who could have predicted it?" first round, "The Firm," also to repeat. Talk about going out on Hopson. He'll need some time to right went from Invisi-bill to Like the judicial nomination scores runs in bunches. Is defense a limb.) So, without further ado adjust to the big boys. Unwanted Capabill at center. Jordan can beat process itself, the season has in the American League really (or adon't) here's how I see it; Chris Morris is not the answer at anyone, anywhere, anytime one- focused more on personalities that bad? ATLANTIC DIVISION the shooting forward position. on-one. They have the most depth than on the actual substance of The real showdown this year 1. Philadelphia 76ers Sam Bowie and brick-thrower of any team as well. Softball. Just observe the parade was the battle of the undefeated, — Positives — The best back- Chris Dudley share the center — Negatives — Um, well, let's of point-counterpoint scrawl that "Great 20th Century Disaster" v. court in the division — Hersey spot. Mookie Blaylock may have see. Ok, they could use a backup proliferate on the Softball board. "E.M." As chronicled with pain­ Hawkins is on all-star level, and trouble moving to shooting guard. 'shooting guard and center. And Witness if you will, the Faculty/ staking detail in the last edition, Johnny Dawkins can dish and — Forecast — The team is maybe they won't to win again. Staff team. Now three wins out "Great 20th" has risen from last score with the best of 'em. Amon moving in the right direction (how Nah. of seven qualifies for the playoffs to first. While still enjoying brew Gilliam is a solid, if unspectacular, long has that been said about the — Forecast — There doesn't only here and in the NHL, and (in recyclable bottles when Frank power forward. Oh yeah, they also Nets?). Only 1 or 2 players away seem to be any team in the Eastern Turk don't skate. The team has Flick buys), the team added power have Charles Barkley, MVP from being a real contender (how Conference that can beat them in an excuse towel longer than five hitters Adam Rosen and Dave shouldda-be, who's good for 20 about Michael Jordan?). If this a 7 game series. They'll be in the of the last six Demo presidential Tener. The captain also convinced points/8 boards a night. team meshes, and Anderson devel­ finals again, and go for ring candidates. But let's get it Kyle Nenninger to attend more — Negatives — Charles Shack­ ops quickly, they may slip in and number two. Mikey likes it. straight. One win was against the games, and he responded with a elford is not the solution at center. make the playoffs (but they prob­ 2. Detroit Pistons Rugby team (masquerading Ipoor- late season 11 for 12 streak and After a year in Italy, he may ably won't). — Positives — Detroil still has ly as a softball team), and another Brooks-like "horizontal" defense confuse a basketball with a meat­ 5. Washington Bullets talent — Isiah Thomas, Joe victory made liberal use of late- at third. Pete Norman set a single ball. Can Dawkins come back — Positives — Bernard King Dumars, Mark Aguirre, John addition student teammates. season groundball putout record from his knee injury? The bench and pint-sized 3-point wizard Salley, and Bill Laimbeer are Faculty/Staff depends on Turk for pitchers, waiving off the first is fair. And the new uniforms are Michael Adams. solid. Vinnie Johnson can some­ like the Birds need Randell. Not baseman every time. The four uggggly. — Negatives — Pervis Ellison times still heat up and Microwave only for his hitting (although "Title VII" women responded — Forecast — If Dawkins is may never be a legitimate center opponents. Dennis Rodman is a those 7th inning game-winners with clutch hitting and fielding all 100%, and Shack can rebound, in the NBA. This team has trouble rebounding machine. have fallen tantalizing short), but year, thus adding convincing Charles will do the rest to take scoring with Ledell Eackles and — Negatives — They have the for his unique pitching style evidence to a future law suit. this team to the conference final. Darrell Walker at the 2 spot. same problem as the Celts — age. (close, fast, and inaccurate). Playing to the level of its oppo­ If not, third place in this division — Forecast — Adams may have This team is getting old quickly. Throw in curious rulebook inter­ nent in every game, "Great 20th" is attainable. to launch a 3-pointer every time They don't seem to have the same pretations ("we always play you let Faculty/Staff get close, and 2. Boston Celtics the Bullets have the ball to keep type of hunger they once did. can overrun third base") and you won a league-record 13 inning — Positives — Reggie Lewis, this team alive. Coach Wes Unseld — Forecast — This team is still have a riddle, wrapped in a mys­ marathon against "Double Jeo­ Brian Shaw, and Dee Brown give will try to keep this team moti­ scary. If they want it bad enough, tery, cloaked in an enigma. But pardy." That game was highligh­ this team points, defense and vated enough to play out the they'll be seeing red (as in Bulls they did play all their games. With ted by endless comebacks, endless speed. The half-court game still schedule. red) in the conference final. If not, tenure comes the possibility of arguments, endless shouting, and is one of the best. And they still 6. Miami Heat they'll be watching it on TV. improvement. Look for them to a pitcher who was more comfor­ seem unbetable in cozy, prehistor­ — Positives — Rony Seikaly 3. Indiana Pacers contend by the latae 90's. table handing the ball to the ic Boston Garden. budding nicely as a center. Guard — Positives — Surprise, these The American League has taken catcher than throwing it from the — Negatives — The frontcourt Sherman Douglas is steady, and guys can play. It's Miller time at on a Hill/Thomas aura. It began mound. is older than dirt, but forwards forward Glen Rice can score from guard, where Michael Williams with Harmless Error's Steve E.M. brought its usual band of Kevin McHale, Larry Bird, and half-court. Add to that rookie has improved, and Reggie "I'm in- Hartman trumpeting about his players into action. Dead pull- center Robert Parish still get the Steve Smith, and you've got a bounds, so I'll shoot" Miller has team in a long dogroll, taking hitter Jeff Liebesman (who liter­ job done. Can they do it for good, young nucleus. made Commissioner Stern and great care to mention the name ally knocked out "Great 20th" Rob another year? When these guys — Negatives — This team is the rest of the league consider of everybody on his team who Litvan in a prior game), Rich are gone, the Celts will be in still young. They can't hit free making a 4-point line just for him. handled or mishandled the ball. A Demarco and Jeff Janofsky gets serious trouble up front. throws, and need to learn some­ Chuck "Missing" Person made piercing reply followed that piece things started for the big guy, — Forecast —They'll make the thing called defense. his presence felt last year in the of writing, focusing exclusively on Dennis Milton. playoffs (again) and should make — Forecast — Still years away playoffs, and he'll get better. Hartman's hair and long pants. "Great 20th Century Disaster" it past the first round (again). from a post-season berth, but Detlef Schrempf and Rik Smits Seems this might be what the fans won the transcendent showdown After that, they'll need to keep they're the best team which (i.e. the Foreign Connection) can want this year. I speak of articles mainly on the unique defense their brittle and bandaged fingers entered the league just a few years do the job. that mention everybody's name applied whenever Milton came to crossed. ago. They'll give some teams a — Negatives — Defense, for 15 seconds of fame. "The last the plate. Conceding all of right 3. New York Knicks scare. defense, defense. Can someone Softball article in the Docket was field, "Great 20th" placed three — Positives — Patrick Ewing, 7. Orlando Magic rebound here? This team also so, like wow, boring," lamented outfielders almost onto Polo if he stays with the team. Charles — Positives — The backcourt depends too much on the outside a lowly first year scrub to this Street. In order to prevent a Oakley can still crash the boards. of Scott Skiles and Dennis Scott shot. They need more inside Comish. "I didn't see my name routine single from homing a And now, with newly acquired are 3-point bomb threats. They're strength. mentioned even once." homer, the shortfielder ranged in Xavier McDaniel, the Knicks look not scared to pull the trigger. — Forecast — This team is a Now back to the regular season what previously was the outfield. stronger than ever inside. Coach Forward Nick Anderson can dark horse. They can finish the wrap-up. As predicted here, the Milton obliged by hitting towering Pat Riley will find a way to win. score. season anywhere. But I got them Rugby team (a.k.a. "Fat, Drunk drives to the farthest reaches of — Negatives — Where do you — Negatives — Frontcourt? pe^ed for a second round loss. and Stupid") failed to win any the park and tracer shots to the start? The team chemistry is like What frontcourt? When Greg Kite Sorry, Mr. Letterman and the games. They also failed to show shortfielder, alas without success. a bad experiment waiting to is your center, Alka-Seltzer quick­ state of Indiana. for most of them. Counting back Clutch hitting by Rob Litvan, Dan explode. With Mo Cheeks gone, ly becomes your best friend. Terry 4. Cleveland Cavaliers at least a year, the Ruggers have Crossland, and George McDonald, Mark Jackson or rookie Greg Catledge and rookie Stanley — Positives — Center Brad failed to win a game in either combined with the unpredictable Anthony will handle the point. Up Roberts will fill the forward spots. Daugherty is among the top 5 in Softball or basketball. As business baserunning of Jane Neely, and down Gerald Wilkins shoots Yikes. the league. Mark Price, when consultant Tom Peters would say: wrapped up the win. erratically. Where's the shooting — Forecast — At least fans healthy, is a premier point guard. "Stick to the knitting, boys." So as they head into the forward, please; won't have to go far to visit the Larry Nance and Hot Rod Willi­ Three other teams joined the playoffs, "Great 20th" finds itself — Forecast — Playoffs, but how Magic Kingdom and the rest of ams are strong power forwards. Ruggers on ;the sidelines for "The in an unaccustomed position. Top far? Not past the second round. Walt Disney World. 30 wins again — Negatives — They haven't Show." This was accomplished seed. But there might be hungrier Riley loses some of his slick hair, would be nice. been able to replace Ron Harper via the unbeatable comination of teams who want that $20 trophy and looks like Phil Collins by GENERAL DIVISION as the shooting guard yet, lack of games played and stunning on their own mantle. Stay tuned March. 1. Chicago Bulls although ex-Hawk John Battle failure to win any of the games to this column for a final playoff 4. New Jersey Mets — Positives — They are the will be this year's attempt. Danny actually played. wrap-up. — Positives — Derrick coleman most athletic team in the NBA. Softball Final Four. And Final Standings Great 20th

NWA FINAL STANDINGS

NWA Team W L Pet. GB Great 20th Cent. Dis. (8) 6 0 1.000- .. E.M. EM (4) 5 1 1.000 1 Double Jeopardy (3) 4 3 .571 2.5 • THE CHAMPS Crass Action (2) 3 3 .500 3 Faculty/Staff (7) 3 4 HARMLESS .429 3.5 Frustrated Firsts (7) 2 4 .333 4 Are You Kidding (1) 0 3 .000 4.5 E.M. Fat, Drunk & Stupid (6) 0 5 .000 5.5 E.M. Team W L Pet. GB Harmless Error (9) - 6 1 .857 E.M. TEAM MEMBERS NWA (10) 3 1 .750 1.5 The Firm (13) 5 2 .714 1 Rkh DeMarco Brian Hochman Sue Everyone (15) 5 2 .714 1 Jeff Janofsky Jeff Liebesman Gracia Montilus Unnamed (14) 3 3 .500 2.5 Dennis Mitton Rich Gable Kelly Carmody Cheerleader Moms (16) 0 4 .000 4.5 Dave Oestreicher Larry DeMarco Dave Brennan Slaughter Rule (12) 0 5 .000 5 John Shea Terry Graham Page 12 • THE DOCKET • November, 1991 Basketball Season Continues (Continued from page 11) is beginning to realize his poten­ isn't impossible, but Portland to. Playoffs? Be serious. ers lack the offensive punch. This Ferry needs to improve. Injuries tial. Vernon Maxwell seems to stands in the way. 7. Los Angeles Clippers means the Devils are my choice. have been this club's, ahem, have found his shot, and Otis 3. Seattle SuperSonics — Positives — Ha! Ha! I can This is a risky selection, because Achilles heel. Thorpe is an underrated forward. — Positives — Gobs and gobs hear you laughing already. But I may be following my heart and — Forecast — If healthy, coach — Negatives — Sleepy Floyd is of young, quick, athletic talent. there are some decent players not my head. The Jerseyites Lenny Wilkens has a formidable still with the team. He's lost his Gary Pay ton, Shawn Kemp, Der­ here. Like Denny Manning, Ron always seem to disappoint despite ballclub on his hands. They'll get spot to Smith. Houston can't find rick McKey, and Benoit Benjamin Harper, Charles Smith, Ken Nor­ the talent. But this may be the to the second round ... maybe. a way to win in the post-season. start, along with veteran guard man, Bo Kimble and ex-Hawk Doc year, so I'll stick with 'em. 5. Milwaukee Bucks The depth is shallow. Rickey Pierce. Nate McMillan and Rivers. In the Adams Division, les — Positives — Holy Moses! The — Forecast — The Rockets' red Eddie Johnson come off the bench — Negatives — You got a couple Canadiens are the pick here. The Bucks may get one more good year glare fizzles in the playoffs. Ola­ to help. of hours? This isn't a TEAM, it's Bruins lack scoring after Cam out of Mr. Malone. The guards — juwon can't carry this team on his — Negatives — Benjamin has five players on the court at any Neely, the Sabres are Team Alvin Robertson, Jay Humphries, shoulders forever. always disappointed. Will this be time taking up space. God would Enigma, and the Whalers always and Dale Ellis — are grrrreat. 4. Dallas Mavericks his year? Payton should be more have trouble coaching this bunch. finish fourth. The Nordiques? Anthony Avent may make some — Positives — They're in the under control with a year under And you thought all those lottery No Lindros, no defense, no chance. noise as a rookie. same division as Minnesota and his belt, but will he? If not, picks would help. Uh, uh. First it was da Bears, then da — Negatives — With Malone, Denver. They also have a decent McMillan will take his spot. Also, — Forecast — I hear the Bulls. This time of year, people the average age of the players on trip of guards in Derek Harper, youth usually means inexperience weather is nice in southern Cali­ in Chicago also root for da Black- this club is now about 57. Serious­ Rolando Blackman, and Fat Lever. and mistakes, which is something fornia. Too bad the Clippers play hawks. They will win the Norris ly, did they really need him? This Rodney McCray is a solid forward. the Sonics don't need come playoff inside, and none of their games Division, and move to the final club will continue to relyon their — Negatives — Sloth-like James — pressure time. will be rained out. Ok, I'll be nice 4. St. Louis will sing the Blues, guards — too much. Donaldson is the center. Roy — Forecast — The Western — they'll win at least 5 games. even though they have the Incred­ — Forecast — A .500 team, a Tarpley won't be around, after Conference dark horse. If these Pros and Cons ... Speaking of pro ible Hull (Brett, that is). The first-round loss, a long summer. receiving a lifetime suspension guys get it together, look out. NBA players, everyone seems to North Stars will not ride the 6. Atlanta Hawks from the NBA due to failing to Don't bet against them reaching have an opinion on why they magic carpet this year, but will — Positives — Dominique Wil- submit a drug test. the conference semifinals. should or shouldn't play in the finish third. The Red Wings will kins. Blair Rasmussen and over­ — Forecast — The Mavs should 4. Phoenix Suns Olympics, so here's my four cents make the cut as long as Steve priced Jon Koncak make a decent be happy if they break even. The — Positives — Speedster Kevin worth: Why not? Why shouldn't Yzerman calls Detroit home. The tandem at center. And the young playoffs aren't a likely goal. ! Johnson and Tom Chambers are the U.S. let pros play? Every other Maple Leafs will be better this guys (guards Travis Mays, Rod­ 5. Minnesota Timberwolves all-stars. Guard Jeff Hornacek is country has been doing it for year, but not good enough. ney Monroe, and Rumeal Robin­ — Positives — Jimmy Rodgers underrated, and Dan Majerle will years. Our 18 and 19 year-olds And in the Smythe Division, son) may pan out. Sidney Moncrief may be a good coach for this team. sacrifice his arm to get a rebound. the Flames, who have talent to is still around, too. He won't have much to work with, — Negatives — X marks the win the Cup every year, will win — Negatives — AH the new although Pooh Richardson and spot — that spot is the hole the weaken^ division. The Kings faces and youth may wreak havoc. Tony Campbell make for a capable created by the trade of the X-Man, will provide royal competition, Coach Bob Weiss will need help, duo of guards. Xavier McDaniel. Young Jerrod with Wayne Gretzky doing his especially at guard where John — Negatives — Randy Breuer Mustaf and aging Trent Tucker best to win in L.A. The new-look Battle, Spud Webb and Doc Rivers the center? Things don't get much were the goods received in the Oilers shouldn't finish in third, are gone. Will Dominique feel he better in the frontcourt either, trade. Mark is an OK center, but but probably will. The Canucks should reduce his workload, and with Bob Thornton, Felton the Suns will need more, especial­ should have enough to keep the shoot only 100 times a game? Spencer, and rookie Luc Longley ly in the rebounding department. Jets out of the playoffs. The — Forecast — No tomahawk sharing time. — Forecast — Mustaf has X- Sharks are about a decade away chops in Atlanta over the winter. — Forecast — Fans will be tra big shoes to fill. Phoenix will from being a real team. This team is rebuilding. They'll thinking about the Twins, not the win close to 50, and make the So, the Devils bs. the Cana­ be fun to watch, though. T-Wolves, over the winter. They'll playoffs, but the Suns will set in have been competing against men diens, and the Blackhawks 7. Charlotte Hornets battle Denver for worst record in the second round. 10 years older than them for some against the Flames. I'll take the — Positives — The backcourt the NBA. 5. Golden State Warriors time now. It was only a matter Devils (yikes) and the Flames is set with Dell Curry, Rex Chap- 6. Denver Nuggets — Positives — Run TMC — of time before the U.S. would lose in the finals. The champs? Sorry, . man, and Kendall Gill. Number — Positives — They have some Timy Hardaway, Mitch Rich­ a consistent basis. Sure, this may the Cup will not reside in East one pick Larry Johnson will add nice young talent in Chris Jackson, mond, and Chris Mullin are awe­ seem like an extreme way to deal Rutherford, N.J. this year. The muscle in the paint. Mike Gminski, rookies Mark Macon and Dikembe some. The trio can beat any team with the problem. After "laiT, who Flames win in 6 games. can do a respectable job in the Mutombo. on any given night. on Yugoslavia, Italy or Tunisia Chop, Chop ... Enough already middle. — Negatives — The talent is — Negatives — The problem is, can stop Mr. Jordan? But the with the Tomahawk controversy! — Negatives — Lack of height young. They need someone with the three were counted on to beat college youngsters are just not In case you've been on Jupiter for and toughness. Who shot J.R.? experience to be the leader on this teams by themselves too many mature enough and don't play the past few weeks. Native Amer­ (Reid, that is). He hasn't fulfilled team. Mad scientist/coach Paul times last year. They need help, together enough to mesh as a ican Indians protested over the expectations. Westhead may try to find a new i.e; a center. Alton Lister is not team. In fact, instead of NBA All- Tomahawk chop used by the rabid — Forecast — Johnson gets way for his team to score 300 the answer. Neither are Jim Peter­ Stars playing in the Olympics, the Atlanta Braves fans. As far as I rookie of the year, but can't help ooints a game. Hey coach, how son, Tom Tolbert or rookies U.S. should sent the NBA cham­ can tell, there's no reason for the this club by himself. He'll wish bout teaching some defense, eh? Victor Alexander and Chris pions of that year. That way, uprising. The Chop was not meant he was still with UNLV. — Forecast — Lots and lots of Gatling. people wouldn't protest about us to be derogatory, and it didn't hurt MIDWEST DIVISION points as the scorekeeper tries to — Forecast — A trade for a using only the very best players anyone. Some Indians were 1. San Antonio Spurs keep his head from spinning. Lots big guy maybe? That's what in the world, and we would still genuinely offended, but where — Positives — Perhaps the best and lots of losses as Westhead they'll need to get far. 40- have a TEAM. And that would were these guys last year when all-around center in the league, tries to keep his job. something wins and an early exit allow someone, like Dennis Hop- the Braves stunk up the league? David Robinson, plays here. Terry PACIFIC DIVISION from the postseason is more son of the Bulls, their only chance They were using the fact that the Cummings still contributes his 1. Portland Trail Blazers likely. of ever playing for the gold. Ok? Braves had fame, to bring to the spare. Rod Strickland is on his — Positives — Perhaps the best 6. Sacramento Kings Good. attention of millions their grie­ way to becoming a premier point starting 5 in the league. Terry — Positives — The L Train — sticks and Picks ... There you vances with the U.S. government. guard. Sean Elliott's Star is Porter and Clyde "The Glide" Lionel Simmons proved he can have it. And from the NBA, we That's fine and well, but the Chop rising. Willie Anderson can play Drexler are the guards, and for­ play in the big leagues. Spud Webb now travel to the strange world and the Braves are not to blame. guard or forward. wards Jerome Kersey, Buck should provide some help at the of the NHL, where Penguins and So, the Chop should not be — Negatives — David may have "Thank God I'm not on the Nets" guard position. Rookie Billy North Stars fought last year for stopped. slain Golliath, but he couldn't Williams, and center Kevin Duck­ Owens will be expected to provide the coveted Lord Stanley Cup. My Finally, unless Mike Tyson is beat Golden State in the playoffs worth make up the frontcourt. offense at off guard. Wayman Final Four predictions for this acquitted, the much-anticipated last year. This team still must They are quick, strong and agile. Tisdale (remember him?) is the year, as seen through my cracked Evander Holyfield-Mike Tyson learn how to win the big games. The bench is solid with Danny other forward. crystal ball: fight might never happen. Too Their outside shooting is suspect. Ainge, Cliff Robinson, and Walter — Negatives — The center spot In the Patrick Division, it's bad. This could have been one of — Forecast — This may be the Davis. is weak with Duane Causwell and everybody fighting for the four the greatest fights in the past 25 year they break out. If all things — Negatives — They still need Bill Wennington sharing time. playoff spots, and the Islanders. years. Instead, if Tyson gets 10- fall in place, they could meet the someone to back up Duckworth at Antoine Carr is on his last leg. Champions rarely repeat, which 20 years, he'll be fighting some Bulls in the finals. If not, they'll center. Will last year's loss to the — Forecast — This team leaves the favored Mario guy named Tito in cell block 4. spend another summer wondering Lakers help or hurt this team? always finds a way to snatch Lemieuxs, er, the Penuins out. Oh well, let's hope there's a what went wrong. — Forecast — Portland has too defeat from the jaws of victory. The Rangers? Maybe in another referee. After all, that would be 2. Utah Jazz much talent to die before getting Another long season in Sacramen­ 50 years. The Capitals and Fly­ a non-sanctioned bout. — Positives — Neither wind, to the finals. But then, they had rain, nor the dead of night can the talent last year. If they can keep the Mailman, Karl Malone, beat L.A., they'll be OK. \ t StOOY, StUDY,$tUDY,$tuDY from his appointed rounds of 2. Los Angeles Lakers ...DanG! X $tuDY, ^•^UDY.StUDY.StUDY,' destruction on opponents. John — Positives — Magic Johnson I Hate it Stockton is the protoype point StuDY, StuPY, StUPY, StUDY " wants to win more than anyone wwn I guard. Jeff Malone can score from else. He's got some guys who can StUOY, StUPY lo$e mY train outside, and Thurl Bailey is help too, in Byron Scott, James $tuDY,eat, sUef>. instant offense off the bench. Worthy, Sam Perkins, and sur­ Of tHOUCHt! — Negatives — Center Mark prising center Vlade Divac. A.C. Eaton is a glorified tree trunk, Green, Terry Teagle, and newly with no offense and no mobility acquired Sedale Threatt provide (OK, he can block shots, but he's punch off the pine. 7'4", folks). The bench is bare after — Negatives — Age, although Bailey. not as bad as Detroit or Boston. — Forecast — Yeah, they'll win They're in the toughest division 50 games and make the playoffs. in the league, and that will take But they can't make it to the next its toll over the course of the level. The starters will be worn season. Youngsters Tony Smith out at the end of the season. and Elden Campbell will have to 3. Houston Rockets help. — Positives — Hakeem "The — Forecast — You'd like to Dream" Olajuwon is a force in the count this team out, but they're middle. Point guard Kenny Smith still too good. A trip to the finals ei99}. MMd Data C«n

Little Man Tate After a distinguished career as an actress, Jodie Foster is now making her motion picture direc­ torial debut with Orion Pictures' "Little Man Tate," in which she also stars. The film is a touching and funny story of an extraordi­ narily gifted seven-year-old boy, Fred, and his attempts to fit in. Fred's life is greatly affected by the relationships he shares with his working class mother and a brilliant psychologist, two women i who have conflicting ideas of how to raise him. In addition to Jodie Foster, .'i 5 "Li^ttle Man Tate" stars Dianne Wiest as the child psychologist, > . I Harry Connick, Jr. as Fred's college buddy, and introduces Adam Hann-Byrd as Fred. Scott Frank, who won acclaim earlier this year for his "Dead Again" screenplay, wrote the original screenplay: Mark Isham composed the score. The film was produced by Scott Rudin and Peggy Rajski. Randy Stone was the executive producer. .

La*( stupent's nisHtmaRe exam Question fiRSt 16* Law Slwent stuoiins

Dead Again — Hitchcock years later. Branah, who also to solve mysteries both past and Revisited directed, and Thompson put on present. As they dig, the scene American accents that, after the often shifts to the past; nostalgic by Scott Donnini eloquence of "Henry V", take a in black and white with zeroed- Who says they don't make them little getting used to but don't in close-ups of passionate, closed- like they used to? Dead Again falter. Andy Garcia plays a chain­ mouth love scenes awash in dra­ does it the old fashioned way. It smoking 1940's reporter with a matic music. This stands in stark meshes Hitchcock-like suspense thing for Margaret and a glass contrast with the technicolor with hammed-up acting and a jaw, taking the most wonderfully modern scenes which are largely murder mystery that would leave hokey twirl and fall after being stolen by Williams' warped, typ­ even Hercule Poirot puzzled. Wov­ popp^ by Roman. Robin Williams ically 1990's humor. en through it all is a reincarnation makes a demented unannounced theme that, while hard to really appearance as a psychologist- take seriously, still left me looking turned-butcher who helps Mike I never understood how old, at the person beside me just a little and Grace, Margaret and Roman "classic" films, now banished to bit differently hoping that they fifty years later, figure out who late night television, could get were not the second coming of a they are. four stars when the acting was cat I may have tortured in a You see, Roman was sentenced overdone, the praemise unlikely, previous life. Sub-themes of fate, to death for murdering his wife and the dialogue somewhat stilted revenge, and just desserts might with a pair of scissors. Inciden­ and overdramatic. Now that I just have you looking over your tally, scissors, of all shapes and have experienced something com­ shoulder. sizes, are everywhere in this parable allowed to splash all over Kennith Branagh and Emma movie to the point that it gets a big screen, I think I understand. Thompson, the stars of "Henry almost ridiculous. Grace, who It was pure entertainment. Catch V" and real-life husband wife, suffers from a type of amnesia, Dead Again while it's still in the play the dual, and interchanging, has recurring nightmares recal­ old movie-house if you can, or roles of a composer Roman ling the ordeal. Fate gets Mike and hook your VCR to a big screen TV. Strauss and his wife Margaret Grace together and guides them Otherwise, it may not be worth and their reincarnations fifty to a hypnotist who helps them dig your time.

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