Hastings Law News Vol.9 No.15 UC Hastings College of the Law

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3-14-1977 Hastings Law News Vol.9 No.15 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.9 No.15" (1977). Hastings Law News. Book 89. http://repository.uchastings.edu/hln/89

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The University of California Hastings College of the Law

VOL. IX NO. 15 SAN FRANCISCO MARCH 14, 1977

MASSIVE ENDOWMENT TO ALUM ON SUPREME COURT HASTINGS While it won't appear in the Place- A fellowship trust of over a half legal education should not only be the ment Office, there is an opening on million dollars has been established study of law, but should also sensitize the bench of Alameda Superior at Hastings by Mrs. Francesca the student to the needs of society. Court. The vacancy occurred when Turner in memory of her son the late The Fellowship Trust is interested Gov. Jerry Brown appointed Judge Antenor Patino, Jr., a Hastings in helping applicants whose personal Wiley Manuel, a Hastings graduate, student who died in 1973. and academic history shows initia- to the state Supreme Court. Relieved This fellowship, the largest dona- tive, motivation and good citizenship. that his appointment has been well tion ever received by Hastings Col- Applicants must evidence this by received, Manuel commented upon lege of Law, is founded on Tony's showing participation in organiza- the controversy surrounding the ap- often expressed desire to help his tions or programs that study and pointment of Rose Bird, "There are fellow students. The Patmo Fellow- contribute to the solution of a wide various points of view on how to fill ship Trust now amounts to over a half range of society'S problems. the bench. Some feelit's necessary to million dollars and is expected to Consequently, the Screening and go through the chairs, others say reach a full million within the next Selection Committees will consider 'Why?' ." three years. whether applicants have demonstra- Confident and soft spoken, Judge This new Hastings endowment is ted qualities of leadership and are Manuel began his legal career with unique among other law schools in inquisitive and concerned about the the Attorney General's Office after that it provides for both educational world around them. This is stressed his graduation from Hastings in 1953. and living expenses. Each recipient by the donor in the hope that the For Manuel, the Attorney General's torney General Manuel was ap- will be granted $5,000.00 per year. financial support from the Fellowship Office had several advantages. "I got pointed to the bench in Alameda Additionally, if the fellowship holder will give recipients the opportunity to to try cases immediately, had expert County. By then he was the head of should require child care for his or continue to engage in activities in help and wasn't buried in a library the Civil Division which included her young children, aged six month to areas of their own interest related to turning out memos for somebody welfare, tax, administrative law, gov- three years, such care can be pro- the needs of society, in addition to else." After 23 years with the At- continued on page 14 vided through the Antenor Patmo Jr. their actual legal studies. Endowment Fund. On the basis of performance the An especially important feature of Fellowship will be renewable each Mrs. Turner's endowment, which year. After receiving two renewals of NO MORE STUDENT LOANS gives it further unique character, is the Fellowship and obtaining the The 1977-78 Budget recently sub- As a Graduate School, Hastings the method and criteria of selection of Juris Doctor degree, the recipient will mitted to Congress by President Students are categorically eliminated Fellowship rocipients. It is Mrs. be known as a • 'Tony Patmo Fellow." Carter essentially eliminates the Na- from the Basic Grant and the Supple- Turner's conviction that a proper continued on back page tiOlial Direct Student Loan Program mental Grant Programs, leaving only for Hastings Students. the Federal Insured Student Loan The "0" funding level of the NDSL (FISL) for Hastings Students from D.A. HITS SAVINGS AND LOAN Program is particularly alarming in so Federal Loan sources. American Savings and Loan, one of newspapers as carried the original far as it is a clear disregard of the Even though the criteria for FISLs California's largest savings institu- ones. In addition, Freitas said they Higher Education Amendments of have been relaxed by the Amend- tions, has been charged with false, would ask the court for civil penalties 1976 which require at least a thres- ments of 1976, the Commercial Lend- fraudulent, and deceptive advertising in excess of $750,000 for violation of hold level of 286 million dollars in ers have by in large not relaxed their in a civil action filed by the Consumer the state's consumer protection laws. NDSL before funding the Basic Grant stringent requirements. Fraud/White Collar Crime Unit of the The San Francisco District Attor- Program. The Financial Aid Office is urging San Francisco District Attorney's ney's Consumer Fraud Unit has re- Because of the relatively short per- all students to contact their personal Office and the California State cently settled false advertising cases iod of time that Hastings has been in congressmen as well as members of Department of Consumer Affairs. against two large corporations. In the NDSL Program, this action would the Appropriation Committee to re- In announcing the suit, District At- January, the Bank of America agreed deny loans to approximately 95 % of instate funding for the NDSL torney Joseph Freitas, Jr., said that to pay $275,000 in fines and resti- the students currently receiving this Program. continued on page 8 they would seek a court order re- tution in settlement of charges that form of assistance. quiring American Savings to print re- its auto loan ads were misleading; tractions and corrections of its and last week Fingerhut, one of the JOB OFFERS: MORE WILL COME allegedly false ads in as many continued on page 10 An aggressive, polished and com- its own student body. (The Law News prehensive information/placement will shortly carry the story of a SUPER SACRAMENTO ALUMNI campaign publicizing Hastings grads, Hastings student who transferred to the Hastings curricula and the super- Boalt but is transferring back-totally A christening, as it were, has been ior quality of Hastings students. dissatisfied with the Berkeley law given the Sacramento chapter of the What will it mean? It means jobs. It school.) Hastings Alumni Association. Key- means clients. But how many people really know noted by the presence of the Alumni The legal community that has about the 'new' Hastings? The Board of Governors who had held heard of Hastings very often labors College'S alumni are in many in- their quarterly meeting in Sacramen- with the image of the College as it stances just as misinformed and to earlier that day, nearly a hundred was ten and even five years ago uninformed as those who still think of alumni and guests dined, danced and when, admittedly, there wasn't too a clothing store when Hastings is revelled at Sacramento's posh Del much besides a great faculty to brag mentioned. Paso Country Club. about. A recent survey by the magazine Numerous Sacramento alumni Today Hastings boasts an even Juris Doctor, notwithstanding its have been actively promoting Hast- stronger faculty and students and methodological flaws, failed to com- ings in the capitol city for some years. curricula to match. Entrance statis- plete many ratings on Hastings be- The names of Sacramentans Kree- tics for Hastings students are very cause those surveyed didn't have land "Kay" Lobner and James Hage- I nearly equal those of Harvard, Chi- enough facts to form an opinion. Who dorn appeared in Hastings alumni cago, Stanford and Columbia. Boalt were those surveyed by Juris Doctor? news over and over again. Hall, once a powerhouse, is rapidly continued on page 8 continued on back page losin that re utation even amon

HASTINGS LAW NEWS Non-Profit Organization INDIAN LAW u.s . POSTAGE Haellnge College of the Law PAID University of California 198 McAllleter St. PAGE 12 San Franciaco. Ca. SIIn Frenclaco, Ca. 94102 Permit No . 10286 PAGE 2 IIA8'I1NGS LAW NEWS ANNOUNCEMENTS CORRECTION The last issue of the Law News contained an article referring to the COMM/ENT journal which may have been misinterpreted: 1. COMM/ENT is not yet officially accredited. There can be no official status for COMM/ENT until a first issue is published and it is approved by the Faculty. At present students may not participate in COMM/ENT as an GET YOUIt MUG SHOT FltEE alternative to their Moot Court requirement, although this might be available at a future date with Faculty approval. 2. The joint writing program was prepared solely by the diligent efforts of members of the Hastings Law Journal and the Hastings Constitutional Law Quarterly. However, as a convenience to students, COMM/ENT will 7' accept copy memos prepared for the program. 6'6" The COMMIE NT Editorial Staff apologizes for any misconception which may have arisen due to the aforementioned article. 6' SCHOLARSHIP ANNOUNCEMENT 5'6" The Lawyers' Wives of Solano County is offering a $500.00 Scholarship to a second-year or third-year law student who is a resident of Solano County, 5' or a graduate of a Solano County secondary school. The scholarship will be awarded on the basis of financial need and a 4'6"------, satisfactory school standing. The recipient is required to use the money for law school expenses. Application must be made by July I, 1977, in order that the award may be given for use in the Fall Semester, 1977. For application forms, please write to: Mrs. MichaelL. McInnis Solano County Lawyers' Wives Scholarship Committee 409 Calle de Caballo • YOUR FACE IS OUR BUSINESS· Suisun, California 94585 AT THE YEARBOOK PHOTO $1,000 INTEREST FREE Applications are now available for a number of $1,000.00 interest free, SESSION ten year loans from the Jack Gimbel Scholarship Loan Fund to male applicants who qualify . SESSION DATES LOCATION HOURS

Applicants should be prepared to supply a transcript from each college or ｯｯＯｾｯｯﾷ＠ MJn:h 14 Su n o Room· Jrd Iloor Library 9 00 . 1 600 university attended, two letters of recommendation from persons who are March IS Sulro Room · l rd floor Li brary 900 . 1 00/200· 6 00 engaged in the field which the applicant proposes to study, appraising M.m:h 16 Sutro Room · lrd fl oor Li brary 900· 100/200·6,00 Man:h 17 SulrO Room · lrd fl oor Llbr3ry 900· " 00/200·6,00 scholastic ability and potential contributions to that field and any other M3rch 18 Sutro Room · 3rd floor Library 9 00· 1 00/100 · 6 00 pertinent information. Come by lhe pholo lHIions anytime durin, tM houl'llisted IlHwe, Then is no cltlrae 10 be pnotop1lphed Anyone who is interested in this loan should pick up an application from and included in Ihe ym.rbook

the Financial Aid Office, Room 268 and be prepared to complete the above c...... ' C ' .... IJ¥, ...... ' __, h... requirement by May 9th.

HASTINGS COMMUNITY WEEKLY INTRODUCTION TO THE TM PROGRAM The Community Weekly will be distributed every Monday morning. The On Tuesday, March 15 at 2:40 in Room 219 and Thursday, March 17 at deadline for submission of announcements is WEDNESDAY NOON each 11:40 in Room H, the Students International Meditation Society will week. sponsor introductory lectures on the Transcendental Meditation Program. Please submit announcements of interest to the Hastings Community on All are invited. this form and return to the Office of Student Affairs, Room 108. DEMO CIDEF HERE SUMMER SESSIONS TRANSFER CREDIT The Hastings Democratic Club invites all interested students to an Currently enrolled students planning to attend a non-Hastings summer informal talk with Bert Coffey, California Democratic Party Chairman, session for transfer of credit are reminded to complete the appropriate form Wednesday, March 16, at 3:30 p.m., 1-M. Topics of discussion will center available in Room 111. around the future of political organization in California and the 1978 State elections. Refreshments Served. INCOMPLETE GRADE POLICY The grade of INC issued last Fall must be removed by the instructor by INTERNATIONAL & COMPARATIVE LAW REVIEW the last day of instruction, April 22, 1977. If not removed no credit shall be WRITING COMPETITION DEADLINE received and a grade of 50 shall be substituted. Students contemplating March 18 at 12 noon is the deadline for all first year students to submit asking for an INC grade for Spring 1977 work in progress are advised that their Legal Writing and Research Briefs and information sheets to the the policy is that no INC grade be issued without the approval of a Dean on International and Comparative Law Review office (55 Hyde). a hardship basis. Information sheets are available at the office and all first year students interested in participation on the International and Comparative Law LIBRARY PROCEDURE Review are urged to enter the Writing Competition. The Student-Faculty Library Committee for 1977 will meet soon, and the student members of the Committee are welcoming any suggestions dealing with acquisitions procedure, or facilities of the Hastings Library. Please submit your written suggestions to one of the following person's lockers before March 14: Sue Lifschiz - Locker No. 812 Brett Borah - Locker No. 1212 EDITORS Larry Falk, Sid Luacutoff ASSOCIATE EDITOR ...Bob Aicher FALL 1977 GENERAL BAR EXAM ASSISTANT EDITOR ... Tom GarVm The last date to file a timely application for the exam to be given on July 26,27,28 is April 1 (no joke). We do not expect applications on campus at Room 111 before March 23. Further notice will be on bulletin boards, in Law News and Community Weekly. STAFF W.W. "Bill" Webb, PROFESSIONAL RESPONSmllJTY EXAM The next exam date is July 28 with a timely application date of June 1. Applications will be available in mid-April. PHOTO"GRAPHY KobAkher WRITING COMPETITION Jeff Kimmel The HASTINGS LAW JOURNAL and the HASTINGS CONSTITU- ｔｉｏｎｾ＠ LAW QUARTERLY have no objections to students submitting The Law News is published bi-weekly during the school year at the University of California Hastings a copy of their writing competition paper to the Communications and College of the Law, 198 McAllister Street. San Entertainment Journal. However, the competition is solely the creation and Francisco, CA 94102. Advertising rates furnished joint effort of the HASTINGS LAW JOURNAL and the HASTINGS CON- on request. STITUTIONAL LAW QUARTERLY. No other conclusion should be drawn The contents of this publication may not be reproduced in whole or in part without written permis- from the article by COMM/ENT in the Hastings Law News of February 28, sion. Opinions, articles and statements which 1977 implying anything to the contrary. appear herein are not necessarily th08e of the staff, advertisers or editors of the Law News. © 1976 MARCH 14, 1977 PAGE 3 • RELIGION AND LAW • Jerome Hall, Hastings professor of basic dimensions of the human ex- Law, was the honored guest of Har- perience and should not be ignored. vard University's Committee on Re- However, only recently has the aca- ligion and Law (CORAL) in Cam- demic community moved ever so bridge, Massachusetts, the weekend slightly to insure the discussion of • of March 5, 1977. The symposium, religion a proper niche. As Hall sponsored by Harvard University, the opened, "Now some law students, Harvard Divinity School and Harvard just because of the requirements of Law School, focused on the topic: the California Bar, are studying Religion and Law - Responsibilities Ethics." of Vocation. "If you think about it quietly, here The symposium, according to Hall, are lawyers who have not only a discussed "what it means when you privileged monopoly, but a societal are called, and the subsequent re- trust, trying to pass the Bar Exam on sponsibilities of your chosen path, prepared Ethics. Anything legal edu- your contribution to society. ' , cation can do to provide a better Hall commented that the program understanding of these basic beliefs "is not only for believers. I expect is needed," noted Hall. Harvard's share of atheists and ag- "In this country, we have been nosticss to be there. I'll play the role excessively wary of the interaction of a Devil's Advocate." between law and religion because of A portion of the program was the historic separation between devoted to an analysis of Legal Church and State, and a fear of our Education, which in recent years, Hall young being indoctrinated, " • notes, "has been accused of being observed Hall. dominated by Positivistic and Amoral Three years ago, the Association of ideas, with the goal of turning out American Law Schools (AALS) estab- trained legal technicians. ' , lished a Section on Law and Religion. Hall indicated that "one of the Hall noted that the study of Reli- • Hall has been and continues to serve issues of the Hastings Law Journal gion often provides better insight into Religion, Hall observed, whether as a member of the Section's Execu- Centennial Volume will be devoted to human conduct: "At Hastings we you are a believer or not, is one of the tive Committee. the topic of Law and Religion." continued on page 15

LEVIN DOES RADIO PLAY

• On March 12, KSFO broadcast one of the parts. Levin has previously Room on the Couch, a play written by written two plays for KSFO, one of Law News columnist Donna Levin which, A Second Chance, was re- and a product of the joint creative ef- broadcast along with Room on the forts of Hastings and non-Hastings Couch. people. Room on the Couch was directed by Described as "a psychological soap R. Stephen Goldstein. Before coming opera," the play concerns a psy- to Hastings, Mr. Goldstein acted on chologist who is infatuated with one Broadway, at the Mark Taper forum of his patients. His attempts to ar- in L.A., and produced plays in San range a weekend with her in Francisco. Acapulco are frustrated by her The cast included Shelly Kramer jealous boyfriend and another one of and Craig Richlin, both second year the doctor's patients - a girl who students, Shari Steele, a professional • overeats because she fears that each printer, and Jack Slobodin, a partner hot fudge sundae may be her last. in the San Francisco law firm of The script was written by Hastings Cartwright, Saroyan, Martin and student Donna Levin, who also acted Sucherman.

LAW NEWS JUDGED BEST

The Ninth Circuit of the American dozen Hastings ABAILSD members. ENVIRONMENT CONFERENCE Bar Association's Law Student Divi- Over 300 Hastings students are sion has given the Hastings Law ABAILSD members. As a result of its "The State of California's Envir- School of Law, and Water Resources News the Most Outstanding Law strong showing in the 9th Circuit, the onment" is the subject of a one-day - California's Dry Year featuring School Newspaper award for 1976- Law News will automatically be en- conference to be held this Saturday, Ron Robie, Director of the State De- 1977. The award is discretionary with tered in competition against the best March 19 at the University of the partment of Water Resources and the Ninth Circuit and is not neces- law school newspapers nationwide. Pacific's McGeorge School of Law, Adjunct Professor at McGeorge. sarily awarded each year. That competition will be held in Chi- Sacramento. Other subjects will include Public In seven mandatory categories cago this August at the annual Amer- Sponsored by the McGeorge En- Participation - Its Process and Pos- judged, the Law News received the ican Bar Association convention. vironmental Law Forum, the confer- sibilities, Land Use Control-Growth top award in four categories: The Law Student Division of the ence will provide an opportunity for and Preservation, Environmental As- "Coverage of Alumni and Practic- American Bar Association is nearly information-sharing among environ- sessment and the Purported Polluted ing Bar Activities" 25,000 members strong. Membership mental groups, decision-makers, stu- Permit Procedure, Air Pollution and "Coverage of Arts and Entertain- is restricted to students at ABA ac- dents and the public on current en- Toxic Substances Control. ment (citing several regular columns) credited law schools. vironmentallegal issues and trends. Registration will begin at 8:30 a.m. "Best Newspaper Layout" Membership in the Law Student Twelve panel discussions on se- There is no admission charge. A re- , 'Best Use of Photography' , Division enables the law student to lected issues will be featured begin- ception will conclude the afternoon The competition was among all participate in ABA programs and ning with a keynote address at 9 a.m. session in the McGeorge Student symposia free or at an extremely Each panel will include state and na- Center. ABA accredited law school newspapers in the Ninth Circuit. Judging reduced cost. Cardinal among tionally-known experts with a Further information can be ob- ABAILSD benefits is the vast library McGeorge student presiding. tained by calling Rick Klein, Envir- was done by the newspaper editors themselves. Special note was given of ABA materials available to the Panel subjects will include Marine onmental Law Forum President at student at a fraction of the price that Life Protection with special emphasis (916) 499-7101, or Jo Porter, (S.F. authors Donna E. Levin for Levin's Introduction to Law: A Practical they are offered to attorney mem- on whales, Ocean and Coastal Zone 922-4944), Don Surgeon (Marin 388- bers. In many, instances there is Management in California, featuring 3966) or Nancy Wainwright (Berkeley Guide to First Year Students; and Gail Mitchell for her column Gourmet no charge at all. Joe Petrillo, consultant to the State 848-4567). And a significant benefit to third Senate Committee on Land Use Plan- Grits. The "Most Outstanding Newspa- year students: if you are an ABA law ning and Robert Lutz, Professor of student division member in your last Environmental Law at McGeorge per Award" was based on overall consistency of superior quality across year of law school, first year dues in all categories. The award was given the ABA are waived!! during the ABAlLSD's annual con- Membership applications are avail- vention held March 4th and 5th at the able in Room 108. A full year's Hotel Claremont in Berkeley. membership in the ABAILSD costs Hastings was represented at that S5 ,including brochures and publi- weekend convention by nearly two cations. PAGE 4 HAS11NGS LAW NEWS

ALUMNUS HAS USURY ANSWER PLACEMENT OFFICE NOTES

Dear Editor: exempt lenders for such purposes, FEDERAL POWER COMMISSION Regarding the letter printed on may still be driven to unprincipled TO INTERVIEW THmD YEAR feature faculty members and recent page 4 of your February 14,1977 lenders, while the present fixed STUDENTS alums. We hope first year students issue, I draw your attention to Re- rate may become a trap for the John R. Griffin, Administrative will plan on attending both sessions gents of the University of California innocent lender:' ' Officer, for the Office of the General which will be heltl in Classroom E. v. Superior Court (1976) 17 C.3d 533. My experience with emergency Counsel, FPC will be on-campus on Please pay special attention to foot- loans at Hastings was quite favor- Wednesday, March 23, 1977 for the SUMMER CLERKSHIP POSmONS note two at page 537, which reads: able. I do not consider the financial purpose of interviewing third year If you are looking for a summer "This is not to say that the present affairs office to be an unprincipled students. We regret that interviews clerkship position and are available usury laws are effectively neutral- lender. have to be scheduled during the now for part-time employment, the izing the social harm at which they I was unable to obtain even the spring break, however, this is the Placement Office suggests you stop are directed. The inflation rate, maximum rate from local banks on a only time that Mr. Griffin will be in by to check the current job listings. which has recently exceeded the small unsecured loan, and I found the the Bay Area. Interested students Many of the part-time law clerk posi- usury rate, even now might dis- lesser rate charged by Hastings to be who will be in town and would like to tions now available include the possi- courage nonexempt lenders from a "bargain." Whether that charac- talk with Mr. Griffin about employ- bility of full-time employment for the extending loans for personal, fam- terization is "lawyerlike" or not does ment opportunities with the Federal summer. ily or household purposes at the not trouble me, since I was able to Power Commission should sign up for usury rate or less. Necessitour per- pay pressing debts and finish school. an interview time in the Placement INFORMATION ON JOB OFFERS sons, unable to borrow from A concerned alumnus Office. The Placement Office is interested (Please withhold my name) in knowing how many second and PROGRAMS FOR FIRST YEAR third year students have received STUDENTS offers of employment. If you have The Alumni Association will pre- secured a position, kindly let us LAW QUARTERLY OPENINGS sent on April 7th and 8th, two one- know. If you are still seeking hour course counselling programs. employment, remember that the Are you interested in constitutional rewarding and often leads to recog- The first panel presentation, to be Placement Office is here to assist law and writing for a law review? The nition by prospective employers. held on April 7th, from 12:30 to 1:30 y?u. Please come br so that we can Constitutional Law Quarterly selects (Also, members graduate from Hast- p.m. will concentrate on criminal law ､ｩｾ｣ｵｳＮｳ＠ your specIfic employment its 50 second and third year student ings knowing a great deal about as well as careers in the public sector. obJectIves. writers for their superior writing constitutional law.) The second program scheduled for The Placement Office staff wishes ability as demonstrated by the April 8th from 11:30 to 12:30 p.m. you all a happy spring break. writing competition held in con- ONLY ONE IN U.S. will deal with privateibusiness/ junction with the Law Journal in the The Quarterly remains the only law personal injury law. Each panel will Maureen Johnson spring. The editorial board believes review in the United States devoted Director, Law Placement that good legal analysis and writing exclusively to issues of constitutional are more relevant than grades to the law. The publication format differs long process of completing a student slightly from most law reviews. In note and later duties as editor. addition to the traditional scholarly Last year's writing competition law review articles and student notes, ATTENTION! drew 168 participants from the first the Quarterly also includes commen- year class. In addition to those stu- taries that focus on interdisciplinary 1 st & 2nd Year Students dents initially selected, 21 students approaches to contemporary social from an alternate list were chosen to concerns. Additionally, the Quarterly This year's Hastings yearbook IS a participate, effectively offering over sponsors major events of interest to one third of the participants in the the legal and general public such as renewable arrangement with the writing competition an opportunity to the 1976 Bicentennial Lecture Series write for the Quarterly. with such speakers as Justices Arthur publisher. A centennial (1978) year- Quarterly student writers devote Goldberg and William Rehnquist, as book and any subsequent yearbooks hundreds of hours to legal research well as Jerry Muskrat, and Anthony and writing of their notes and Lewis. wi II depend largely on support shown additionally are responsible for cite- Presently, 21 third year editors checking manuscript pages and foot- work with the 50 student writing staff for the present yearbook. So, regard- notes to insure the Quarterly's of both second and third year accuracy. students. The Quarterly staff would less of whether you intend to purchase If the student is committed to re- like to encourage all first year stu- a copy, at the very least make sure you vising his/her note through several dents to consider participation on the editorial stages, they will be pub- Quarterly. sit for yearbook pictures. There's no lished in the Quarterly. These mem- The writing competition problem bers receive two academic units for will be available to all interested stu- sitting fee whatsoever. their work and are exempt from Moot dents on Wednesday, March 16. The Court in the second year. Moreover, finished writing problem will be due the experience of working on an ever- back to the Quarterly offices by noon, improving law review is personally Monday, April 4.

HASTINGS BOOKSTORE You Want It? We Got It! HORNBOOKS, GILBERT'S, SUPPLIES, AND OTHER INDISPENSIBLE ITEMS ------______'1 fjHERRINGTON'S I #9 Jon es Street I II San Francisco The Irish Pub that has I - proudly served I I I i------·------·------iI TURK·LARKIN DELI & LIQUORS I I Has tings Studen t& I : One 8 oz. Coke or delicious apple with this coupon and I I I I the purchase of any sandwich. Good till 3128/77. ; I for Half A Century. I 476 ｔｵｲｾｾｴｷ＠ ..n HVd\lV-tljlnJ 775-8383. L __ ｾ＠ _____ ------_____ ｾ＠ L ----- _.*iiI ______.. ｾ＠ MARCH 14, 1977 PAGE 5

the sight of sweet smelling dark fact that there is no substantial evi- LEVIN'S PRACTICAL GUIDE TO syrup being poured into large, shiny dence of a causal relationship be- metal tanks, should not be forced to tween the two aforementioned THE STUDY OF LAW witness this bizarre, kinky ritual incidents). being carried out. After all, some of It may become necessary to go a bit us still have some decency left. further in making your presence Dear Ms. Levin, it, nearly one-half of the students at In any event, it is not impossible to known. Give this a try: approach a I am a law student of the female Hastings are women! You can verify subtly let others become aware of the fellow student and get his attention persuasion, but no one seems to be this by taking a close look at your fact that you are a woman. Practice by screaming, "Money!" When he aware of it. Everyone treats me like classmates. The ones wearing ear- using the discreet feminine wiles that looks in your direction, offer your one of the guys. I haven't minded too rings in both ears are women. come naturally to people of your de- hand and say, "Hi, you may not be- much because the lines are shorter in No, you are not the only one in this scription. For example, drop one of lieve this, but I'm a girl. Do you mess the bathrooms. But now there is a embarrassing situation. However, your notebooks in the aisle after the around?" It is just possible that this guy in my Denture Law class that I you must come to terms with the fact bell rings. Some schlemiel will prob- will pique his interest enough so that would like to get to notice me. How that your predicament is indeed a ably pick it up for you. When he does, he will ask you to explain to him the can I let him known that there is difficult one. It is no easy task to smile, bat your eyes and croon, meaning of the words "girl" and something about me that sets me identify with any gender in an en- "Why, what a nice thang to do fo' li'l "mess around." Prepare for this apart from the rest? Sign me, vironment such as law school where 01' me!" He will look at you as if eventuality by looking them up in a the sexiest thing that happens on 1m you're out of your mind. This is the good dictionary beforehand. From ASHAMED TO ADMIT IT, BUT average day is the refilling of the coke first step of THE COURTING then on, it's your courtroom, honey. FEELING MY OATS - AS IT WERE machine. PROCESS. In psychological circles it Don't forget what you learned in civil Of course, this reporter has noth- is referred to by its technical name of procedure. Dear Were, ing against the people who enjoy "a waste of time." Laughing to the Bank, First of all you had better be cer- watching the coke machine being re- Unfortunately , some law students Donna Elaine tain of your facts. Go see a gynecolo- filled. Every consenting adult has the are just a little on the dense side. Just gist. If you don't get laughed at, right to amuse him- or herself in recently a Hastings student was hit p.s. This reporter requests that no then you are indeed a woman. This whatsoever way they choose. We on the head with a baseball bat and one ask what "laughing to the bank" news should not disappoint you. Al- would respectfully suggest, however, his only reaction was a slight raising has to do with the above column. It's though you probably haven't realized that those of us who are Offended by of the eyebrows (not to mention the been a very rough week. - del ODE TO POETRY AND THIS IS WHAT I DID IN The ultimate benefit of poetry accrues mostly to the poet Whose talent is the best fortune, or so that saying goes CON LAW I think it's true. 9:40 ALLRIGHT, THIS IS IT. No 10:12 Bad news. Remember reading Sibling of philosophy, sister of religion more fooling around. I am going in the Law News that the Sutro Blood of irony to take this class seriously. No room will be closed for a week Poetry more daydreams, absolute con- for - of all things - yearbook The world of string with no beginnings but from the first line centration. I am going to show pictures. Terrible. There will The world is his who ties all knots and who at the bottom signs. those clowns that sit on 1M and be chaos on the 3rd floor - peo- watch the stupid soap operas all ple will be sleeping in the But to the reader go the spoils, the momentary lift day that I CAME TO THIS hallways. Recognizing ourselves in the understanding of another life SCHOOL TO GET A LEGAL 10: 18 That woman with the neatly It feels so fine. EDUCATION I After all, it's cut hair and light make-up is Sharing a sense of rain, the day's wisdom only three years and then I'm looking very good today - nice Love's intention home free. and innocent. I wonder if she's Poetry 9:45 Have I read this case? I must from San Marino? I could take Perfected memory, freed from its occasion and disposition her home to mom and dad. Very And freed is the reader from all but that one recognition. have - there is yellow under- lining here. O.K., so I didn't attractive - for Hastings. Re- minds me of the time I took To the rest the world is real, made to specific ends study it thoroughly. But remember that guy who got an 83 Linda to the Section E party to It's in their hands or in their deep-pocketed old friend's meet some intelligent, attrac- It's frightening in Contracts with only Gilberts? And he was an idiot. tive males. She was decidedly Disinherited ambition, a lapse of skill impressed. She asked me if law • Of common sense 9:53 DAMN!! I've got that interview school naturally attracted jerks Poetry tomorrow with the law firm in or whether they were developed Keeps me hungry, and if this feeling now benefits me at all Guam. Do I really want to go to during the first year. I really I'm unable to discover or identify it; Hell, I'll practice law. Guam? (Visions of pouring over don't know. Someone should the Guam Reports while sitting study that. -L. Arthur Cameron in a quanset hut, with tropical storm Helda due any hour). But 10:26 I should treat myself to lunch then Guam is close to Tahiti today. Financial district would A GAMBLER'S GAMBOL isn't it? Oh well, I'll go to the be nice, but do I feel like brav- interview for the experience ing 10 blocks of the Tenderloin "Derby Day" first leg of what is now known, rather God knows I've got enough of to get there? Maybe Turk & While to most people the coming of insipidly, as the California Golden that kind of experience. ! I) Larkin Deli again. Triple (the other two races are the Spring means the renewal of life with 10: 15 Hey, this is getting interesting 10:30 Question: How long is it Santa Anita Derby and the Hollywood all its attendant joys and beauties, to - talking about public policy between the click of the arm and Derby). those of us who love thoroughbred now. Suppose the government the bell? Three seconds. Whewl Some very good horses have run horseracing, Spring is the time of were to . . . VOLLEYBALL Made it. Well, I didn't do so the California Derby in the last year when our fancies turn to three- WED. 3 PM COMMONS. That well this hour, but I am going to several years, and the recent win- year-olds. stupid announcement has been get up to the library and PRE- ners, Quack, Linda's Chief, Agitate, The Kentucky Derby, the Preak- up for over a year now, and they PARE!! I right now. But isn't Diablo, and Telly's Pop, proved ness, and the Belmont Stakes, the still haven't found people who The World Turns Coming themselves to be among the best races most familiar to the general can play. Now, where was I? On? .. population, are run exclusively for runners of the past decade. The entrants in this year's derby three-year-olds. I can offer no intelli- Editor's Note: This is a true story. gent explanation for the public's were not up to the standard of fascination with these races: in this previous years. Because there were ,------era of the quarter million dollar no clearly outstanding horses, the likely winner, but his record was not the race were Cuzwuzwrong (at 7 to televised thoroughbred extravagan- race was contentious and therefore all that outstanding, and at 8 to 5, he 1), Cathy's Reject (at 10 to 1) and za, the purses are not especially interesting to the student of was not especially appealing to the Ruler's Blade (a ridiculous outsider at large, nor do the fields compare with thoroughbred form, but to those who student of form. 45 to 1). Cuzwuzwrong, a striking bay those running in such important also expect to participate in horse- More attractive at 7 to 2 was Tale of son of former champion Hoist The stakes races as the Santa Anita racing history on Derby Day, there Power, a gelded son of Envoy who Flag, had been beaten soundly by Handicap, or the Hollywood Gold was only disappointment. One or two weeks before had won convin- Tale of Power two weeks before. Cup. more of the owners of the Cal Derby cingly in the slop at Golden Gate Cathy's Reject had fallen to Cuzwuz- Still, everyone takes the Derbys entrants will no doubt run his horse in Fields. His record was not especially wrong. Ruler's Blade had never seriously, and even the jaded and Kentucky in May, but he will do so distinguished, but at least he had beaten any horse of significance. implacable racetrack regular gets not because his horse has a reason- been consistent. The third favorite The probable winners, Make caught up in this irrationality. able change of defeating the best in was another Eastern entrant named Amends, Tale of Power and Smasher Derby-mania spills over to the the East, but because he wants to Smasher. At 4 to 1 he seemed a sound came in , respectively, last, seventh, regional stakes for three-year-olds, grab the spotlight at Churchill wager, for he had run well to the best and sixth. The day was, ultimately, because it is in these races that Downs. California horse, Replant (whose in- instructive both for the neophyte and horses prove themselves fit for the The favorite at the post was an jury had kept him out of the race). No the regular: there is no place for Eastern classics . Northern Cali- Eastern invader named Make other choice seemed reasonable. confidence, let alone certainty, in fornia's race for outstanding horses Amends. The horse had won a single But what appears reasonable in horseracing. All of the study possible of Derby age is the $150,000 Califor- restricted stake race at Aquaduct. horseracing is frequently not a re- will avail the horseplayer no more nia Derby, run at Golden Gate Fields With the phenomenal Steve Cauthen flection of what will eventually than an excuse for his losses. last Saturday. The Cal Derby is the aboard, Make Amends appeared the happen. The first three finishers in -by Albany Hill PAGE 6 HASTINGS LAW NEWS

NOTICE - ELECTIONS FOR ASH

There will be a meeting of all those The President shall call and preside other documents possessed by the representatives from each section of interested in running for the position over meetings of the Association and Association; shall be the parliamen- the first year class. Election for such of ASH officer or representative on: the Governing Council. The President tiuian of all Governing Council and representatives will be held in the Wednesday, March 16th, 4:00p.m. shall have all appointive power, sub- Association meetings using Robert's Fall Semester as provided in Article ASH OFFICE ject to the provisions of Article V, Rules of Order; and shall be elected IV, Section 3. If a representative Officer Elections will be held April Section 11, and shall be an ex-officio in the same manner as the President. misses three consecutive or five 6th and 7th. member of all committees. Section 5-Treasurer.The Treas- meetings in total in one semester or Representative elections will be Section 3 - Vice-President. The urer shall be the finance officer of the eight meetings in the year without held April 13th and 14th. Vice-President shall have the same Association and shall be responsible valid reason, that person will auto- This meeting will have important qualifications for office and shall be for all monies of the Association. The matically be subject to a disqualifica- information as to filing deadlines and elected in the same manner as the Treasurer shall be the Chairperson of tion by a majority vote at the meeting election procedures. If you cannot at- President. In the absence of the the Finance Committee. The Treas- following the meeting at which that tend, you should contact Terre President, the Vice-President shall urer shall be elected in the same person was absent the requisite num- Rushton in her ASH mailbox before preside at meetings of the Associa- manner as the President. At the time ber of times. Upon such disqualifi- the meeting. tion and the Governing Council. In of his/her candidacy, this person cation, the position vacated shall be the event of the permanent disability shall have had one semester of ac- filled pursuant to Article ill, Section QUALIFICATIONS FROM or removal of the President, the Vice-- counting or equivalent experience. 9. CONSTITUTION President shall succeed to the duties The Treasurer shall make monthly Section 7 - Second and Third Year and powers of the President. In the reports to the governing Council as to Representatives. There shall be ten Section 2 - President. The Presi- event of Presidential succession, the the current expenditures of all stu- representatives from each of the dent of the Association must be a Governing Council shall appoint, by dent organizations and shall cause to second and third year classes. Elec- member of the second, third, or in the three-fourths vote, a new Vice-' be published once each month or tions for such representatives will be case of a joint degree student, fourth President. every other issue, whichever is great- held in the Spring Semester as pro- year class during the president's Section 4-Secretary. The Secre- er, in the Hastings Law News, the vided in Article IV, Section 4. At- term of office. The President shall be tary shall keep a written account of all budget of each student organization tendance for such representatives elected by the procedure set forth in the proceedings of the Association receiving funds from student fees and shall conform to the requirements Article IV, Section 2 at a general and the Governing Council; attend to' the amount of that budget the indi- enumerated in Article ill, Section 6. election held in the Spring Semester. all correspondence; post all necessary vidual groups have spent to that date. The President shall serve as the chief notices; shall be responsible for the Section 6-First Year Sectional executive officer of the Association. custody of the Constitution and all Representatives. There shall be two

Organization Allocation Expenditures II of Checks Written Balance ｲｲｾＧ［ＭＺａＭＺＺＭＭＭｬ＠ Asian Law Students Assoc. $400.00 -0- -0- $400.00 Black Law Students Assoc. 490.00 -0- -0- 490.00 Clara Foltz Society 500.00 $121.00 6 378.86 I ｾ＠ I Environmental Law Assoc. 300.00 Ｍｏｾ＠ -0- 300.00 I I Gay Law Students Assoc. 525.00 5.98 1 519.02 I LAVtti .oaKS II Hastings Film Society 250.00 105.00 1 145.00 I I Hastings Indigent Crim. Assist. Cl. 250.00 158.90 3 91.10 Hastings Labor Law Club 100.00 17.61 2 81.39 : WE HAVE A COMPLETE LINE; Hastings Rugby Club 250.00 250.00 1 -0- I OF HORNBOOKS, TAPES, I Hastings Runners Club 25.00 6.50 1 18.50 I • International & Compar. Law Rev. 500.00 -0- -0- 500.00 I BRIEFS, AND OUTLINES! I International Law Society (Dickenson) 115.00 30.00 1 85.00 Intramurals 200.00 155.55 1 44.45 : PLEASE CO.ME IN : La Raza Law Students Assoc. 750.00 200.00 1 550.00 Law Students Civil Rights & Research I AND BROWSE! I Council (Obtained funding from 3 additional sources) 250.00 404.59 6 145.41 138 MeAllister St. 863-2900: I National Lawyers Guild 450.00 126.25 3 328.75 I OPEN: 9-5:30 Weekdays I ｾ＠ Native American Law Student Assoc. 750.00 267.15 2 482.85 9-5:00 Saturdays I Third Year Class of 1977 600.00 10.11 1 589.89 I BANKAMERICARD AND I Women's Prison Project 300.00 96.67 5 203.33 ｾＮａＮＡｾｾｃＮＡＡｾｒＮＡｾ＠Ｎ･ｾＡｐＮＡｾ＠ Totals $7005.00 $1955.31 $5049.69 J Arts & Recreation Fund 328.78 Additional Allocations: Law Students Civil Rights & Research Council 125.00 Faculty Evaluation Committee .750.00 SUMMER Total of Funds Committed for Disbursements -6,253.47 Balance per Book 9,220.90 LAW STUDY in Surplus Fund 2,967.43

Guadalajara s/Jackie Peebles, ASH Treasurer Oxford For information: Prof. H. uzerow, University of San Die,o Sc:hool of UW , AI",I. Park, S.n Dle,o, uliforni. 92110. Paris

HASTINGS I.M. SOFl'BALL STANDINGS (AS OF MARCH 2) ItE'S DONE FULLER EIJ.SWORm HOTlUN6 Division Won Lost Division WOD Lost 2A 4 0 2E 3 0 WRONG ... 1A1 4 1 3E 2 0 3D2 2 1 2C 3 1 ANDIT'U. 1B2 2 2 lD3 3 1 NEVER 1C .2 3 3Dl 2 1 I{APPEN WAITE WHITE Divf8ioD Won Lost Division Won Lost AGAIN II. 1B1 2 2 3C 3 1 3A 2 2 2D 3 2 lD2 1 3 1E 1 4 3B 0 3 1A2 0 3 lDl 0 4 ONTEST: Name the source of these divisional names and win a softbalL. tries to locker 1613. First correct eDtry wins. MARCH 14, 1977 • PAGE 7 YA-TA-HEH! O.K.! • Yes, Virginia, there is a Santa and pounced on the loose ball in the hard fans who exhorted the ruggers performances. Of note was the return Claus, there .are Lions in Redwood end zone to draw first blood and ini- to one of the most beautiful passing of Nelson Barry, Zook Sutton, Steve City, and it never rains in sunny Cali- tiate the navy and white into Califor- movements this writer has ever seen. " Purple" Hayes, Dave Williamson, • fornia. These ingredients combined nia rugby. The ball was handled by no less than and Art " the Kid" Fisher to the old to give the walking wounded a start- Despite this initial shock, Hastings 10 of the 15 players before rapidly home turf. ling upset win over CAL's crunching began to take control of the game's being sent on its way to Cal alum, Saturday brought the demise of the carnivores. In the end it was Hastings tempo by playing 2nd phase, con- Kevin Brogan, who placed it down for ills at the hands of the more- who dined on bear meat with a 21-18 tinuous rugby. Amid King's team- 4 points. Todd converted the goal to experienced Old Gaels combined • rugby victory in U.C. Berkeley's mates' protestations that they establish the margin of victory. side. The bruised and battered Is ex- Memorial Stadium. Despite CAL's thought the "other guy" was going to Standout performances were had erted enough energy to waylay a good home field advantage, it was protect him on the last play and as- by all, thus it is hard to single out in- team from Davis City, 24-9. The Hastings' wonderful athletic support- surances that "it will never happen dividuals. But if I must . . . John spotlight was definitely on Willie ers, whose inspirational cheers so again," so as to disguise their inten- Smith , mouth now replete with teeth, " Style" Clark, who in his first game • saturated the stadium it reminded tional motive of vengeance for the scored a try that was called back by for the Is scored 2 trys that put the one of a sunny fall Saturday, who handling of the club this year, they the myopic and senile referee; the match out of reach. The second time provided the key element needed to stormed back to set up a penalty kick entire scrum played superbly in ad- Willie was heard to say: "These 4 sustain the beautiful barristers in attempt. The first attempt by club verse circumstances, outweighed and guys think they're going to stop me. • their battle against the bruising founder, Ed Todd, went wide but was brutalized; John Feeney, after fin- No good! Go State!" . . . Thereupon, behemouths. shortly followed by a successful kick ishing a take-home midterm the night plunging and twisting through all 4 making the score 4-3, Cal. Five more before, stunk; best performance: 1st for the score. After 2 games in 3 days MASTERS OF THE SLAP· SHOT attempts were given Hastings as the year student, Mike Yancy, who plays the weary ruggers were ready to As the Hastings rooters were Ruggers bravely took cheap-shots to for Nor Cal's #1 club, the BATS (tied shoot the scheduling secretary, but • masters of the loud shout, the Cal the head and body, which could not Cal 9-9), "You, you beat Cal!?" couldn't find him. ruggers were masters of the cheap- even be overlooked by former Cal Thank you, Mike. It's Tournament Time! Yes, you shot. They seemed merely intent on coach, Doc Hudson, who was reffing As the sun descended, bringing can see your favorite stars this month raising !umps on the heads of their the game. Todd converted 4 more darkness to the stadium floor, Hast- at the Monterey Tournament, March opposition. This propensity was par- kicks giving him and Hastings 15 ings lIs took on Cal's Guanos in a 19-20 at the Pebble Beach Polo • ticularly apparent to the disinterested points, but not enough as Cal in- half-game. The Guanos managed to Fields, and the St. Mary's Tourna- observer when they roared down on creased their score to 18 with only 3Y2 win, mainly because they had flash- ment, March 26 at St. Mary's Col- scrappy fullback, Mike King (most minutes to play. lights, while Hastings was worn-out lege, Moraga. Come on out to follow 8p'ee the "s" should be dropped What to do? Where was Mighty by cheering on the Is, but the Hast- exciting rubgy action and enjoy a • from that appellation), hammered Mouse? The rambunctious rodent ings contingent put up a valiant battle great group of people. Your support him just as he was receiving a kick, appeared in the form of 100+ die- which included numerous individual is the key to Hastings rugby success. Jacques De La Boite

• OPINION: BENEFITS V. COST THE HASTINGS LA W ｓｃｈｯｯｾ＠ HOW MUCH LAW SCHOOL IS ENOUGH? • The land is purchased, the plan is aspects of the legal profession." The located tenants will be placed in bet- the landlord for the legal community drawn, the environmental impact EIR proposes tenants such as the S.F. ter housing than they currently have. - really worth the social cost in- statement is issued, and the Hastings Bar Association, CEB, city adminis- The EIR states, somewhat callously, volved? IT it is worth the social cost, student body is prepared to greet the trative offices, and private law of- that "there is a sufficient supply of how should Hastings try to mitigate • new Hastings edifice with open arms. fices, and suggests that the building inexpensive housing in the area to the damage? Is the Empire Building The new Hastings complex is a could also contain "courtrooms, a accommodate displaced tenants." Al- appropriate for a low-income housing grandiose scheme on the verge of bookstore, a small auditorium, a though not mentioned in the EIR, the project? reaJization, with benefits, we are faculty lounge and club, suites for Hastings Foundation is currently These are only some of the issues told, that spin off to us all. But a visiting faculty, facilities for special seeking federal monies to purchase that should be raised at the public • fundamental question has not been institutes, and retail stores." the 20+ story Empire Building at 100 hearing on the environmental impact fully raised - how big is big enough? The benefits are enticing, but they This project should not be passive- report, scheduled for Monday, Match The current expansion proposal is have a significant social cost. The ly accepted by the Hastings student 14, at 7:30 p.m. in Room B. Plan to to consume the entire block west of project planned will dislocate at least body. The "bigger is better" men- attend and bring your own suggest- • Hastings. Two buildings are planned. 240 local inhabitants, most of whom tality that pervades the expansion McAllister Street for possible re- The Academic Building is to contain a are indigent and elderly. It will project must be eyed critically. Are placement housing. new library, classroom space, and the further encroach on the ever dwind- both of the new buildings really ions on the Hastings expansion various student support services. The ling stock of low-income housing the needed? Construction of the aca- project. second building is to contain a child the City, a potentially volatile politi- demic building alone would not ne- s/Dick RatliH & Wallace Knox • care center and "111,000 square feet cal issue. cessitate the destruction of low- Dick Ratliff, Locker #1401, Tel: of rental space, potentially limited to To mitigate these effects, the ad- income housing. Is the second build- 563:6088; Wallace Knox, Locker tenants relevant to the educational ministration assures us that the dis- ing - by which Hastings becomes 11537, 922-4319. r------HARRY MEDICOLEGAL SYMPOSIUM HARRINGTON'S PUB March 17th thru 20th in San Francisco

medicine & law discussed by the nation's experts I SERVED YOUR GRANDFATHER·FATHER HOW ABOUT YOU? details on bulletin board outside room "c"

460 LARKIN Free to all members of the at corner of TURK ABA Law Student Division and those who ------evidence appl ication to the ABA/LSD PAGE 8 HA811NG8 LAW NEWS

HASTINGS HEARS PLANS

Ted Terrell, relocation coordinator for Hastings Law Center Founda- PLACEMENT continued from front page tion, and Walter McGuire, Executive Director of the Foundation, explain to the Hastings Community the plans underway for the new Hastings Law' Law school deans across the country! possible. Center. Information is needed. How will it pay for itself? It may Terrell told the audience of students, faculty and staff that Hastirags What's the solution? Since the mean that you, as a Hastings grad- was going far beyond its legal obligations to ensure that the very real social State of California is not beholding to uate, will land a job one week sooner. needs dictated by such a project are satisfied. Tenants in the block to be public relations programs it behooves It may mean that you get an offer occupied by the Law Center will be relocated to housing units far superior us to set up our own. For maximum from a firm that pays more or offers a to their present ones. Hastings is also attempting to create additional effect at minimum cost the printed stepping stone to a position you housing units in San Francisco so that those eliminated by the Law Center's medium is probably the best. Pol- might not otherwise have gotten. construction - albeit some of the worst housing in the Tenderloin - will not ished fact sheets about Hastings. Either way, dollars in your pocket. affect the total number of units in San Francisco. ' Mailings aimed at decision makers The "Harvard Lawyer" is an im- The Law Center will be a community project. Executive Director among legal employers. age. Hastings can develop the same Walter McGuire has made overtures to students and other interested At $10.00 per student per semes- image; at the very least it can drama- groups to get involved in the final planning and fundraising. He repeated ter, each student's expenditure would tically improve the image it has. No those invitations at the community-wide meeting last week. probably pay for itself. Such an great 'con' or sales jobs need to be assessment earmarked solely for the done. Just a polished and accurate production and distribution of pol- dissemination of Hastings facts and ished placement oriented "pro- figures. Hastings" materials would arguably If you disagree, write us at the Law by the least wasteful and most News. We invite your comment. -, effective expenditure of student fees

ALUMNI EVENTS contifl,ued from back page

29 ｾｾＮＢ＠ -.p. cally announcing the January Col- countered several years ago when ｾｮｉＮ＠ ¥ lege of Advocacy Program. Hopefully Association computerized its ｭｾｌｩＮｬｩＺｊｬｧｬｬ＠ C'.,.,- ., we have found a solution to the ex- list. But we worked out the "bugs" pense of first class mailing vs. the and have, for the most part, been time delays of the bulk mail. This new functioning smoothly keeping ad- mailing procedure is possible through dresses and membership records up the Los Angeles Regional office per- to date. sonned by Ms. Ginna Rutter. As a re- However, a number of our alumni minder, the local office can be have again been victims of the com· reached by calling (213) 933-1000 or puter this spring. Some have received by writing to P.O. Box 36357, Los dues cards incorrectly indicating pay- I------______ｾ＠ Angeles 90036. The local office was ment while others who have paid established by ｴｨｾ＠ College to assist membership have not received cards, the alumni and placement efforts as or have been billed again. well as to serve alumni with general We hope that the confusion will be information. So whether you are a eliminated by the time of publication. potential employer, looking for a job If you have questions please contact STUDENT or just curious, don't hesitate to call. the Alumni Office. And please accept COMPUTERIZATION STRIKES our apologies. LOANS from front page AGAIN I Many of you will recall some minor NDSL APPROPRIATION but rather irritating problems en- ELIMINATED FROM PRESIDENT'S ｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾｾＭＭｾｂｕｄｇｅｔ＠ The Appropriation Committee is ,composed of: Daniel J. Flood, Chairman Pennsylvania Edward R. Roybal California William H. Natcher Kentucky Neal Smith Iowa Ec'IWIll"d J. Patten New Jersey David R. Obey Wisconsin Louis Stokes Ohio Jeseph D. Early Massachusetts Robert H. Michel Illinois O. Conte Massachusetts George M. O'Brien Illinois Each of these Committee members may be contacted by addressing mail to: House of Representatives House Office Building Washington, D.C. 20515 Congressmen should be told why llhey should re-instate NDSL funding; very real difference it willIwould e in your legal education and . The most effective letters are ｬＺ］］［Ａｾｾ］ｾ［Ｚ［Ｚ］］］］］ＺＺＡＡＡＡＡＡＡＡＡＡＺＺ］ＺＮＮＮＭ］､ｾ｢］］］］］ｾ［［］ｾｾ､ｾ､Ｚｾｾ､＠ =eoncise and brief and handwritten. MARCH 14, 1977 • PAGE 9

LAW LOVERS receiving an affirmative answer, in- waste on a brokendown old man. • vited me to join a weekly luncheon of While most educated Dutch are Phi Delts which proved to be a multilingual and speak more or less Rolla B. Watt or explain further. wonderful relief for a stranger in a English, they do not talk American. Kijkduinse Straat 976 My original 11B, having through strange town. My stay lasted about Hence a visit from a traveller is Den Haag courtesy of Hastings -Board of six months with an unsatisfactory doubly welcome. While I do have February 16, 1977 Trustees been retroactively converted ending for plaintiffs and the defen- some fine Dutch friends and one to a JD, for which I could have dant, whom we represented, as the American, a permanent resident Mr. Sidney Luscoutoff obtained a Diploma upon the pay- latter went broke before the proceed- whom I seldom see, the language Editor, Hastings Law News ment of $30 which, since I had ings got well under way and I barrier is nevertheless a handicap, 198 McAllister St. become a fisherman full time, returned to San Francisco, a sadder and a veritable nuisance at times. • San Francisco, Ca. seemed a bit foolish, but when I but wiser lawyer. Anyway I got a Dutch is a very difficult language to Dear Bro Luscoutoff: noticed the common use of degree liberal education in advocacy as I had master and particularly so for one like prefixes, I discussed it with my aris- nearly half the Los Angles Bar myself who was nearly 80 on arrival I cannot find words to fully express tocratic and class conscious Dutch against me. and with no linguistic ability. I keep • my appreciation of your letter of Jan. wife, and as I was lawfully a JD she Feb. 22, 1977. Please excuse a Dutch-English dictionaries close at 17, with enclosures of back numbers thought I had better have it put on personal note. I have had to skip a hand, but as soon as I have looked up of The News. I was a bit disappointed our front door name plate, as she few days on account of pain and a word my failing memory does not that there were no extra copies of the would much prefer to have me known weakness, besides having to do a retain it. Still it is amazing how much edition of Sept. 7, 1976 which con- as a retired lawyer than a retired certain amount of housework, be- "sticks" and with its Indo-German • tained on p. 6 the humorous article photographer, no matter how good I cause my wife is nearly blind. As J .B. origins the similarity of either words entitled "Great Expectations." How- was at the latter profession, at which Priestly says in his forthcoming auto- or sounds or both, occasionally makes ever, I have the page in my "scrap- I did rather well for about 15 years. biography: "Just to get by from a little of it intelligible. Indeed, book" file as well as two Xerox Hence your column above referred morning until night takes enough will Holland is a lovely place and its copies, so I can get more if I need to has become quite a conversation power to command an army corps. " people are wonderful, but the them. piece, as letters still come to me from I concluded my former letter with language barrier is a curse. There is a bit of local humor in the friends who apparently did not want an open invitation to any visiting I dare say that I have tried your use of the prefix "Dr." After the to hurt my feelings and to whom I alumnus to drop in for a drink; good patience, but I think you can deduce Second WVl, when I lost my dear have had to explain that American Dutch beer, a glass of wine, or a dry the simple fact that writing a letter is wife of 30 years and having served lawyers never use their degrees as a martini. I again repeat that invitation. like letting off steam, and is a means nearly three years as a lieutenant in prefix and use it only following their I have a very selfish reason for of escape which is preferable than the Coast Guard, all of which time names when attached to a University doing so. On account of the disabil- taking to drink. Particularly as my was as commanding officer of a or other Law School. I rather imagine ities I have mentioned, I am nearly tolerance for alcohol has diminished detacbnent of beach patrol at Shelter that a distinguished professor like house bound and utterly unable to along with so many other things. Grove in Humboldt County, 50 men, Jerome Hall would be addressed as attend the luncheon meeting of the Many thanks again and keep your 20 horses and 6 dogs, and all out of "Doctor" by a student who wished to American Association, though publications coming my way if you doors, I tried to pick up on the cases I ask a question. So we did in our time, through the courtesy of the American can. had missed in Calif. Reports, by in Doctor Taylor's classes. Embassy I have a standing invitation I could keep going but think I had burying myself in the law library at I did not get a copy of your Nov. 1st to do so. The result is that I seldom better sign off for now anyway. Redwood City, but found it intoler- issue with my letter in it. At least I see an American though The Hague able, and having no law office to hope that someone did a little re- is swarming with them. But they are Most Sincerely, return to and no clients in prospect search on some of the professors all busy men, mostly on some two or ROLLAB. WATT and no money to speak of, I gave it mentioned in case of inaccuracies, three year assignment in various up. All my previous incentive had which can happen to anyone of my areas of activity, and have no time to • vanished. generation. My hobby for many years had been I did appreciate the items about Phi photography and as I was a member Delta Phi. As I was elected near the LAW NEWS of the Gymkana Club of San Mateo, I end of my senior year I never 24 Hr. Phone turned to making pictures of horses • attended any functions except my 557-1997 (and dogs) and amazingly enough own initiation, with Federal Judge picked up about $400 the first month I Maurice T. Dooling, Sr. presiding as tried. So I determined to become a Chancellor. However, in 1916 my Call anytime to receive advertlslr-" Information professional. I will not go into the office had a lot of litigation over some or to leave anonymous II.. I. details of this phase of my existence, fraudulent completion bonds and I except to say that I eventually be- had a small office in L.A., our client came a better photographer than a paid the rent and me the munificent The Hastings Law News- Univ. ofCalifornia, Hastings College ofthe Law lawyer. Though against some unfor- remuneration of $5.00 per day. seen use, I maintained my member- Among the lawyers that I met was ship in the State Bar. I re-married in one who happened to ask if I be- 1946 and built a beautiful Studio on a longed to Phi Depta Phi and on 28-acre bit of forest about 4 miles out of Sebastopol on the road to Occiden- tal, which I eventually sold to Charles Schulz of "Peanuts" fame. When my second wife died in 1960, I went to Ｎ＠ New Zealand to spend the rest of my ｾ life fishing for the California Rainbow '. Trout, which had been transplanted . .. there in 1883. So I have been away from California for nearly 17 years. It was there that I met my present chain ... Dutch wife, followed by a of ..ｾ＠ circumstances which landed me here. All this, as we used to say to apparently irrelevant evidence, is "in response to counsel's objection, it is necessary to lay the foundation for the ultimate relevant question," the Court admitted, subject to motion to strike out if not fully supported" So here goes. When I first came to Holland, I noticed on the TV that the names of many persons were preceded by various prefixes, such as IR. (engin- eer), DRS. (candidate for Ph.D.), MR (Meister or master, if you like, of Law - except for advanced post graduate work in some specialty such as International Law, they do not grant a JD and then most likely a Ph.D.) A house Doctor is called an ARTS, a Dentist, Tandarts, following not preceding his name. I have been unable to contact people with academic backgrounds and 80 am unable to complete the list of Dutch degrees PAGE 10 HASTINGS LAW NEWS THE LAW STUMBLES ON

THE SOVIET UNION has commented Smith took this action because he ford . The Lawyer's Office of Steven dence referred to were acts allegedly on our judicial system in connection was responsible for her condition, Zane Rothschild makes it easy ' and commited during a shooting spree in with the recent release of Watergate having hit her in the face, causing her comfortable for you to see a lawyer - Los Angeles - a month after the conspirator E. Howard Hunt. to go into a coma with no chance of with free consultations and legal ser- Hibernia Bank robbery. The Tass News Agency stated that recovery. As long as she was alive, he vices you can afford. The government contends that the " Like others of his associates who could only be charged with child The ad continued: "For only $35 we evidence bore on her state of mind, were kept behind bars for some time, abuse, which carries a one to five will prepare a standard will for you and therefore was properly admitted. Hunt is now planning to make up for year sentence, but upon her death he which includes guardianship for your The Hearst attorneys also claim as lost time by organizing a lecture tour would be charged with murder. children and distribution of your grounds for reversal, the admission of the country and arranging an exhi- Smith lost his legal battle to keep property. " of evidence regarding Ms. Hearst's bition of his pictures painted during her alive. The judge ruled that Mr. Rothschild is claiming that any conversation with Patricia Tobin his spare time in prison. ' , Smith's request was an attempt to restriction on advertising violates the while Ms. Hearst was in San Mateo Tass continued: ''The American "sustain the life of a both medically constitutional protection of freedom County Jail. judicial system, which shows amaz- and legally dead child to avoid the of speech. Cases on the attorney's ing magnanimity towards high rank- right to advertise are before the MORE ON THE BAR EXAM consequences of possibly more se- PROBLEMS. Complaints are again ing lawbreakers, is truly ruthless vere criminal charges," adding that United States Supreme Court and the being received by the Committee of towards dissentors - all those who "there was no hope in this caSe for California Supreme Court. However, actively come out against the U.So's the advertising proposed in those Bar Examiners regarding distractions the child's survival." suffered by the examinees during the aggressive course in the international At the direction of the girl's cases involves specific guidelines for arena, against national oppression, content, and it is doubtful that Mr. February Bar Exam. Protests arose mother, the system was discon- from a National Boutique and Fash- racial discrimination and social Rothschild's ads would fall within nected, and the girl died shortly ion Show that was being presented in injustice. ' , those guidelines. The local Bar As- thereafter. Herbert Smith has now an adjoining section of the Los The News Agency added that sociation president has referred the been charged with murder. Angeles Convention Center-where "only such people as Hunt and the matter to the State Bar Association the exam was held. There were ilk, who have influencial patrons in for investigation. the higher political and business complaints of frequent announcements from the public address sys- spheres, can count on impunity and BAN ON ADVElll'ISING CHAL- THE FINAL BRIEF FOR PATrY prosperity in the U. S. A. " tem of the show, and occasional rock LENGED AGAIN. A San Jose at- HEARST has been filed with the band performances. AN INTERESTING PROBLEM in the torney, Steven Z. Rothschild, has Ninth Circuit Court of Appeals. In the These complaints follow the pro- right to die cases was presented to a advertised his newly opened law of- appeal, Hearst attorneys claimed that lems 'of the previous exam revolving Kansas court recently. Herbert Smith fice in local newspapers and on tele- evidence of Ms. Hearst's alleged around the use of electric typewri- instituted legal proceedings to keep vision. criminal acts that occured after the ters, which have since been banned his 19 month old stepdaughter attach- The newspaper advertisement read bank robbery was erroneously ad- from the exam. ed to her life support system. in part: "Legal services you can af- mitted by the trial judge. The evi-

FUTU RE continued from back page the February 23rd meeting, two symposium topics have been selected for next year's Journal. One issue will be devoted to the topic of "Sports and the Law." Articles for this issue will be solicited in the areas of 1) Ne- gotiation of players' contracts, arbi- tration, players' organizations and unions; 2) Antitrust problems, including professional baseball's ex- emption, reserve clauses, and player drafts; 3) Discrimination, Title IX and the HEW regulations of sports in schools; 4) Owners, managers and schools' duty to provide safe facilities and their tort liability for injury; 5) Criminal prosecuritonsa as a means of controlling violence; 6) The "self-governing" sports organization, such as the NCAA and the AA U, and the Law.' , The thrust of this and the extent to which the courts can symposium will examine the inDu- control the operation of such organ- ence of religion on the law. Such an izations; 7) Tax planning for a sports examination might include articles on franchise and the individual athelete; the relationship between Biblical exe- 8) Legal aspects of international gesis and statutory interpretation; broadcasting agreements. For this the relationship between religions contribution to the legal community. symposium issue, an attempt is being and the ethical obligations of the at- SPECIAL NOTE TO HASTINGS In particular, the editorial staff en- made to solicit authors who have torney; and the theories of law which ALUMNI: The editorial staff of the courages alumni to submit topic sug- been involved in sports law and are found in the Jewish, Christian, Law Journal is continually attempting gestions for symposium issues or in- developed legal expertise in their Islamic (etc.) religions. Prof. Jerome to promote the reputation of the Law dividual articles. Please address any particular area. Hall of the Hastings faculty, a rec- J ournru and Hastings College of the such suggestions to the Hastings Law The second symposium topic which ognized authority in this area, has Law. In this regard, the editorial staff Journal Research Staff, 198 McAl- has been chosen for next year focuses consented to write an introduction to appreciates any comments from lister Street, San Francisco, Califor- on the topic of "Religion, Theology, this symposium issue. alumni regarding the Journal and its nia,94102.

SA VI NGS 'AN 0 LOAN continued from front page nation's largest mail-order houses involvement to protect consumers." "services on regular saVIDgs ac- Spohn declared that, "False adver- paid $100,000 in penalties in settle: counts." tising is bad enough, but false ad- ment of a case charging that its BOOKLET IS AN ISSUE ' The complaint alleges that the vertising that misrepresents the im- promotion of a tape player was false In November 1976, San Francisco SFCA survey did not separately and partial work of a public interest and misleading. Consumer Action, a non-profit con- independently rank institutions on consumer group is particularly dis- "False advertising by large, repu- sumer organIzation, published It's in the basis of size or amount of assets; tressing. It is a disservice to both table institutions cannot be toler- Your Interest: The Consumer Guide and that a reading of SFCA's book business and consumers to float ads ated," declared Ray Bonner, chief of to Savings Accounts, ' an impartial makes it apparent that other savings that are fiction rather than fact; the the DA's Consumer Fraud Unit. "In- survey of banking institutions de- and loans paid the same amount of law forbids such distortion, and we stead of misleading consumers, these signed to aid consumers. interest and offered some customer intend to see this law enforced." institutions should take the lead in The suit alleges that American's services free (such as traveler's The case against American Savings providing them with accurate and advertising, distributed throughout checks and money orders), while and Loan will be prosecuted by Ray meaningful information that will help California in early January, distorted American Savings and Loan required Bonner, Assistant District Attorney them make intelligent financial the results of that survey. American's a $1,000 minimum balance for such Russell J. Lombard, Jr., and Richard decisions. ' , ads prominently proclaimed .Ameri- services. Fathy of the Department of Con- The California Director of Consu- can Savings and Loan to be "Number In addition, the suit charges that sumer Affairs. David Axelrad, a law mer Affairs, Richard B. Spohn, joined 1 among multi-billion dollar institu- the "Saver's Checklist" fails to student intern with the DA's Con- today's action against American tions, based on San Francisco Con- comply with state and federal laws sumer Fraud Unit who has been Savings and Loan after determining sumer Action survey rankings, which require notice that there is a instrumental in investigating and that "the impact of American Sav- 11-76." The company also advertised penalty for early withdrawal from preparing the case, will assist in the ings' false advertising is so severe as that it was ranked number one for certificate of deposit accounts. prosecution. to warrant and necessitate the state's "dollar return," "policies," and State Consumer Affairs Director MARCH 14, 1977 PAGE 11 GOURMET GRITS IN SEARCH OF A BETTER BURGER-PART I

Gourmet Grits go," too.) The plate comes with a there's one on Northside on Euclid UVERPOOL LIL'S side of tomato, lettuce, pickle and between Hearst and Ridge, while the For those of you who prefer a less It is indeed a metaphysical mystery onion to be ever so carefully stuffed South of campus location is on Durant raucous rendezvous with the ham- just exactly why, but the neverending between the two buns. Then you take just east of Telegraph. The Berkeley burger of your choice, Liverpool Lil's search for a better burger goes on . . . a big bite and the good runs down to burgers are of a slightly larger variety on Lyon near Lombard at the en- and on. The Truth as to the locale of your elbows! It's heaven. This accompanied by a matching larger- trance to the Presidio serves a more • the "Best Burger" is said by some to mouthwatering delight is also served than-usual bun. Lots of mayo, lettuce sedate burger at a somewhat higher be northeast of Nirvana and yet with excellent French fries - crispy and tomato automatically come with price. Upon first entering Lil's you others claim it is merely one of on the outside and warm melt;in-your the hamburgers ($1.28) and cheese- will notice the bar and cocktail area Plato's ideals (somewhere around the -mouth soft on the inside. burgers ($1.49) . Onions are available complete with Pong and piano. If you comer from the Cave I'd suppose). In If you're not in the mood for a on request and their grilled onions choose to continue to the rear you'll • either case my search has once again double cheese why not try the Fed's are truly out of this world (an added find the dining area where the dark proven the age old adage that one great 99 cent lunch special- a bowl advantage to having them grilled is wood and dim light create a warm need not look any further than one's of soup du jour and a sandwich (roast that you need fewer Clarets and ambiance for leisurely table conver- own backyard to find a yummy gooey beef or ham or tuna or grilled cheese Turns for dessert). Giant Burgers sation. double cheese. or a HAMBURGER). The Chinese does not have french fries, but you Lil's burger ($2.45) is plenty of lean food is good, too, and the Friday wouldn't have room for 'em even if ground beef and sauteed onions on a THE FEDERAL RESTAURANT special of fried shrimp comes highly they did! brioche-like roll. While not particu- What the Federal, located at recommended. The. Federal Restau- A giantburger is an experience larly gooey the quality of the ham- Leavenworth and McAllister next to rant is open for breakfast and lunch, never to be forgotten. While the burger is superb and it comes with the Federal Lounge, lacks in atmos- closing at 2:00 p.m. joints are pretty stark as far as decor potato salad. Lil's is open for brunch, phere it makes up for in good eats. goes - just a few stools, counters, a lunch and dinner. The double decker cheese burger GIANT HAMBURGERS juke box and a menu on the wall, the NEXT: IN SEARCH FOR A ($1.65 or 1.45 without cheese) is one If the Fed's double cheese wasn't clientele makes for the atmosphere. BETTER BURGER - PART II regular bun with two delicious meat big or gooey enough for your tastes a Since Giant Hamburgers is open 24 incuding Bill's Place, The Hippo, patties smothered with American trip to Berkeley might be in order. hours you can choose to drop in for • and more .. . cheese and is absolutely fantastic! Giant Hamburgers (previously lunch with the students and Univer- There's mayo on the bun and mus- Jerry's Giant Burgers; previous to sity personnel or hit it along with the Gail Mitchell tard and ketchup are brought to your previously Jerry's GROSS Burgers) Midnight Munchers. • table. (You can get these burgers "to has two locations to serve you; MUSIC IN MY EARS formula, if you have found something standing, this man can really sing. To affirm what has already been stated. George Benson - In ffight that works, use it. "In Flight" (War- think that his vocals were not used in It can be well argued that this is not a • A little over a year ago George ner Bros. BSK 2983) is another an extensive recording career fault, and instead, is a strength of Benson was a fairly well known jazz technically brilliant and flawless spanning 15 years is almost unbe- continuity. Others have called it a rut. guitarist with a string of moderately album. It is jazz-pop exemplified_ The lievable. The song ends with a dazzl- "Breezin" and "In Flight" are successful albums. For personal rea- lush production, heavy use of orches- - ing scat battle between voice and virtually indistinguishable. The new sons he left his old recording label, tration, and extensive use of electron- guitar. effort has retained all of the joy and • CTI, and went to Warner Brothers ics make this album a perfect ex- Still, the emotion that fills that one flow of "Breezin" but says little where he could open his mouth and ample ofthe state ofthe art. song is lacking on the rest of the more. It is easy to listen to, and sing as well as play the guitar. The The one exception to this formula album. It is all well done, it sounds thoroughly enjoyable. It won't knock result was "Breezin." "Breezin" has performance is a sizzling 10 minute great, but it is not exciting. One cut, you out of your seats, but then, not • now sold over 2 million copies, the version of War's "The World is a "I'm Gonna Love You More" is just a every album you hear is meant to. hit single "This Masquerade" was Ghetto." Beginning softly with just remake of the chord progression in The only real difference you can point the song you heard everywhere last the guitar and his band members, the "Breezin" with vocals added. When to between these records is the price, year, and it brought Benson a song gradually builds until Benson the two songs are listened to back to since Warner's has raised their list Grammy award. HoW' does an artist cuts in the vocals. The vocals on this back, there is virtually no difference price to $7.98. Even at a discount • top a performance like that? album are more diverse and delivered between them. That perhaps is the shop, "In Flight" will cost $4.98. It is For one thing, he gets the same with a sense of conviction and confi- one fault in this record, this follow up well worth it. musicians, orchestration, producer dence. There is no question, com- to the success explores no new Jules Kragen and arranger. It is the basic success parisons to Stevie Wonder notwith- ground, and instead chooses to re-

OUTSTANDING FILM

Voyage of the Damned (Entertain- The color and photography were ment and Avco Embassy Pictures) beautifully real and crisp and the will vie with Cuckoo's Nest as the soundtrack alone is worth the time best film this reviewer has seen in the (2 brs. 38 mins.). To be sure the film past two years. Voyage is worth every does not drag. Anything but that. cent of admission and (damned) few If you can't see the movie, read the pictures are. book it was scripted from: Voyage of (Caveat: It's not often that the Law the Damned by Gordon Thomas and News prints a review by someone Max Morgan-Witts. If you anticipate other than a film "buff"; be advised that some time in the future you will that this review is one of those ex- practice law under the Constitution of ceptions. Consequently, the percept- the United States know that your ions I had were those of a layperson. practice will be better for having seen Technical film artisans need read no Voyage of the Damned. Never before further.) have the principles of freedom and Voyage of the Damned tells the justice in that Constitution and the story of 900 German refugees trapped Bill of Rights that we live under been on the high seas, unwanted by the so evident. world. The galling thing of the story S.L. is that it's true. That lends even more power to the impact of what is already Il fine picture. At only one or two moments does one even imagine that the scenes are being 'acted.' Otherwise the performances by Orson Welles, James Mason, Max Von Sydow and especially Oskar Werner are superb; complemented by equally believable characterizations by a supporting C8.Iltt that includes Julie Harris, Jose Ferrer, Ben Gazzara, Michael Con- stantine and others. , PAGE 12 HASTINGS LAW NEWS

LAW SCHOOLS AND INDIAN TRIBES

They are a free People, and jealous of. d t xist' h to . l'b t nnes, an concep s e ,owever , neither the rights of citizenship or of for, is subject to autocratic veto or t h elr I er y. d d of War be proven and reproven, debate an nationality - the Marshall Court in modification by the Secretary of the Secre tad' ry . I William Knox, (1763) recreate , m. ｾｶ･ｲｹ＠ｾｭｧ＠ e ｣｡ｳｾ＠ pr?- 1832 resorted to analysis of the Interior. No state or municipality sented for cntlcal remterpretatlOn m fundamental political nature of the would tolerate such tyranny, but When Professor Isaac Parker first the classroom. One can only wonder Tribes and the nature of the Consti- tribes are told by the courts, this is met his class at Harvard Law School at the effect of omitting the study of tutional self-governement, for which what Congress has delegated to the on the eve ofthe Civil War, he began offer and acceptance from a basic Americans believed they had fought Secretary in black and white, and that his discussion of Constitutional law contract course on the development and died two generations earlier. is the end of it. Congress, moreover, with an interpretation of the deriva- of principles of contract law. Appro- Marshall concluded that the Tribes still reserves the power to dissolve tion of the Republic's "right of priately, the teaching profession were sovereign until and unless, and any tribe irrevocably by Act; while formation," from the usurpation of takes it as its duty to communicate only to the extent, that they sub- individual tribal members are Indian dominion over the land. Pro- those principles agreed to be most mitted to that same original compact deemed mentally incompetent to fessor Parker was not alone in his pervasive, and most essential to the as did the States. Thus, whatever manage their own affairs as if they estimation of the significance of the operation of the legal system as a pretexts the States might enjoin to were all children or lunatics. Tribal Indian history in understand- whole. usurp that dignity, these rights could One may ask, Why has this system ing the origins and premises of the What, then, is the consequence of only be given up by the free and gone on so long unchallenged or American empire. James Kent and omitting from a basic Constitutional general consent of the sovereign challenged onl! within its own para- Joseph Story, among others during law course, a basic principle upon people of those nations -lest the , ｭ･ｾｲｳ＠ - ｾｲ･｡ｴｬ･ｳ＠ and ｳｴ｡ｴｵｾｳ＠ con- this time, had traced in their treatises which all the liberties of a people lofty words of the Declaration of cemmg tnbes - ｲ｡ｴｨｾｲ＠ｴｾ｡ｮ＠ m ｾｲｭＮｳ＠ the heritage of American sovereignty must depend? The principle being Independence be cast into the pro- of fundamental constItutIOnal pnncI- and property to the nations of Indian the sovereignty of tribal government foundest hypocrisy. pIes? It is our position that. the. imJ>C?- tribes, just as Blackstone had sought to regulate its political affairs, unless This, however, placed a heavy re- tence o! the leg.al profeSSIon m this to illustrate the supremacy of the specifically limited by an act of Con- sponsibility on Congress of reconcil- matter IS by chOIce. When w.as a law English nation in the chain of title to gress. To imply that this principle has ing tribal sovereignty with the sover- ｳｴｵ､･ｮｾ＠ last ｡ｳｫｾ､＠ to .compare the its dominions. Before the Marshall no Constitutional basis or is irrele- eignty of other communities entering sovereIgnty of ｴｮ｢･ｾ＠ WIth ｴｨｾ＠ｾｶ･ｲﾭ Court, William Wirt and Chancellor vant, is to deny the continued exist- into the federal compact. This eignty of states testmg the limits .of Kent also supported the continued ence of a sovereign power that is ex- responsibility was never borne honor- federal power beyond the superficIal sovereignty of the tribe as implicit in pressly recognized as a constitutional ably. Indian tribes were compelled to protections of the 10th Amendment? the mold of American government category in the Commerce Clause. It grant away their powers in return for ｾ･ｮ＠ｾ･ｲ･＠ students last ｾｯｮｦｲｯｮｴ･､＠ and received sympathy from no less a is easy for tribal members to identity servile status, territorial exploitation, WIth ｾｨｩｳ＠ chall?nge to ｣ｨ･ｾｳｨ･､＠ con- jurist than Mr. Justice Story. invidious value contagion and mis- and the eventual hope of total stitutlonal beliefs about liberty and In the century following Professor conceptions that result from the abolition of the last illusion of their self government? How, then, can law Parker's lecture, however, law teach- prejudicial positions on the power of being distinct political communities. students, lawyers, or judges ?e ･ｾﾭ ers no longer concerned their stu- tribal government presented in Con- Unlike the simultaneous erosion of pected to understand and mtelli- dents with this legal struggle for po- stitutional law courses; however, state sovereignty by the Congress, gently argue tribal ｳｯｶ･ｲ･ｩｧｮｾｹＬ＠ when litical equality between the tribes and here we will only pursue two of them. the consistency of this process with they leave law ｳ｣ｾｾｬ＠ wholly ｉｧｮｯｾ｡ｮｴ＠ the newcomers. Swept by the ab- 1. TRIBES ARE NOT A PART OF the ideological justifications of the of the ｰｲｾｳ･ｮｴ＠ limits of ｦ･､･ｲｾｳｭ＠ stract "science" of Langdellian juris- THE FEDERAL SYSTEM Republic was never challenged as ｾ､＠ happily ｵｮｳ｣ｾｴｨ･､＠ ?y ｱｵｾｳｴｬｏｾﾭ prudence (ignored in this Law Those who judge the reciprocal rights such in the courts. mg the true meanmg of liberty m this School's reawakening to legal history that subsist between a supreme and By the close of the nineteenth Repu?lic? How ｾ＠ｴｨｾｹ＠ preserve the under Dean Pound) the significance subordinate state of dominion, by no century the legal profession blandly Tribe s or anyone s ｬｩｾ･ｲｴｹ＠ as advo- of tribes to American federalism was higher rules than are applied to a assumed the totalitarian power of cates when they don t fully under- silently transformed and federalism corporation of button-makers, will Congress over the life, liberty and stand what it is they should protect? and the shape of our law were never have a very comprehensive property of Tribal Indians; a power It will not be enough for ｬ｡ｾ＠ teach- justified upon the idealistic visions of view of them. James Otis (1764) which, had it ever been exercised ers to merely offer a semmar on their much more remote European against other Americans, would have American Indians every now and heritage. As a result, law is currently Chief Justice Marshall recognized precipitated a bloodbath greater than then. This focalized and fragmented being taught as if it had only a in 1831 that tribes could not be neatly the Civil War. How could this be jurisprudential approach is insuffi- prehistory and a present - but no subsumed under federal-state classi- justified against the pleasant back- cient. It merely reflects Paulo history. A prehistory to which the fication of the federal hierarchy ground of individual freedom and Freire's observation on oppressive broadest and most antiseptic princi- enumerated in the Constitution. The economic liberty that perfused that cultural action: "One of the charac- ples can be traced; a present in which Founding Fathers expressly acknow- era? The answer was simple: Tribes teristics of oppressive cultural action analogy and syllogism are employed ledge "Indian Tribes" as a constitu- were to be characterized as somehow which is almost never perceived by to criticize the most contingent tional category and to remove former outside the Constitution, yet within the dedicated by naive professionals principles. Yet, the real heart of the doubts left by the Articles of Confed- the constitutional power of Congress. who are involved is the emphasis on a American law, its ideological and eration they placed them under Con- The implications of this extraordinary focalized view of problems rather political struggles in the revolution- gressional authority. Probably, as contradiction have been far reaching. than seeing them as dimensions of a ary process of coming into its own, more recent scholarship indicates, Congress could strip the Tribes of any totality. " Weare not arguing for the receives marginal attention. Perhaps the tribes were assumed destined power, any right, any possession, right to be treated as jurisprudential this illustrates the validity of Profes- either to retain their original sover- "even by the sword" as Mr. Justice anomalies, as "historical accidents" sor Howard Zinn' s statement that in eignty as foreign nations, or as now Douglas has put it, without recourse as one Harvard Law School professor democracies, compliance is attribu- member states of the Union. In the to any principle or power greater than of Constitutional law recently said. table not to terrorism but to ignor- earliest years of the Republic, several Congress's own Acts. Nor did the This approach flies in the face of ance; for because of the omission of tribes were tentatively invited to sub- granting of citizenship to individual everything that the history of Indian this history from a legal education, mit their credentials for admission to Indians incidental to the reorganiza- law presents to us for juridical solu- the legal profession has become less Congress, including the Delawares, tion of the Immigration laws in 1924 tion. It is just that isolation, that aware of the political constitution, in Creeks, and Cherokees. Unfortu- change this picture. To be sure, off image of freakishness, that has given its broadest sense, of the United nately, jealousies among the several the Tribal Reservations, Indians were the federal government such wide States. original states, almost all of which to be accorded perfect rights (a discretion over tribes, for without This article is concerned with only had unjustifiably laid claim to the theory which saw reality only thirty clear constitutional footing, without one omitted area of constitutional territory of ｾｨ･ｳ･＠ tribes after the years later), but on the reservations recognition of the Indian Tribes' right law: the relationship between tribal Revolution, resulted in compromisory they were still as the Claims once re- to cultural integrity as a fundamental government and the other units of politics and unconstitutional solu- marked' 'not citizens, not aliens, and and inalienable political right in- federalism. This omission might be tions. Tribes were guaranteed their not prisoners of war." herent in federalism, the totality of justified if the goal of a legal educa- sovereignty, but in return, were Today, building on the crumbs of their position will not be understood. tion was the mere inculcation of forced to emigrate from the territory experience and wealth accumulated Treating the law of Indian Tribes as a rules. But legal education has re- claimed by the States. Later, piece- over the past four or five generations, wholly unique subject advises stu- placed inculcation of rules as its goal meal grants of sovereign power were tribes are rebuilding. Granted recog- dents that it is unrelated to the rest of with an emphasis on the process of extracted by the Federal government nition of the Indian Reorganization jurisprudential thought and teaches legal reasoning which transcends in return for "protection" from the Act Of 1934 By Congress, the Tribes them that this area of the law is spe- more than some generalized, sterile new states being admitted to the are planning and implementing new cialized, self-contained and self- mystery of distinction, reconciliation Union. After the demise of the and more effective legislative and defining. In short it is beyond the and modification. Through the pro- Jeffersonians, whose namesake had judicial systems, and seeking a common reaches of legal and consti- cess of selecting rules and problems persuaded the Cherokee Tribe to or- greater share of control of their eco- tutional limitations of governmental for study, the law teacher performs ganize their governemnt and courts nomic destinies through develop- power. This treatment of the deriva- an essential function in the preserva- in preparation for recognition by the ment education and social welfare tion of Tribal sovereignty denies the tion of order and consistency in legal Union, the route to statehood was cut progr'ams. Many can again be as ef- dialectical nature of federal power. practice, that is, to pass on from one off by the popular will of the white fective today as they were two Perhaps there is a more terrifying legal generation to the next the majority, and the retention of foreign centuries ago in supporting and gov- subconscious meaning in this pro- fundamental principles, doctrines nationhood was placed beyond reach erning their citizens, and more ef- cess; that Indian Tribes are going to and concepts, those precious posses- by war and territorial and economic fective than any alien government disappear soon anyway (perhaps a sions of the law which remain too dismemberment. (either State or Federal). Yet, not self-fulfilling prophecy), leaving little complex, significant and even too Denying that Congress could by its withstanding the subject matter, lasting impression on the law. Thus subjective or arbitrary to be stated as inaction and confusion condemn every action they take, every law they the only value of studying Indian rules. These basic principles, doct- Tribes to a political limbo - with pass, every development contracted continued on page 13 MARCH 14, 1977 PAGE 13 • -Continued from page 13 Tribal law would be a contingent one citizens together irrespective of their other Americans before the law and, case incorrectly, for no other reason in which lawyers who expect to profit differences. The mainstays of the correspondingly, refuse to accept than that the argument is too complex lead the Tribes in legal circles delud- new order were diversity in law, poli- tribal objectives as valid simply be· - because his basic constitutional • ing them with false hopes of tical assembly, and belief. cause they come from a tribe rather law class did not provide him with an enforcing treaties and Congressional Americans fought a war, at least in than from a State or municipality? adequate legal mental set which statutes which Congress believes it part, to sustain those principles. Out Until Indian Tribes' representa- could have resolved his doubts? may dissolve at anytime without of nullification, secession, civil war tives are willing to recognize the real It should be obvious to all law recourse. and reconstruction, the process of motives and aims of tribal communi- schools who accept Tribal Indians • To be meaningful, the study of tri- erosion of those principles began. As ties, tribes will not enjoy effective that the formal preparation they re- bal sovereignty and the nature of its America became industrialized and advocacy, nor can they ever hope to ceive is inadequate for their future government must both be part of the expanded into an empire, the prin- achieve their political aims regardless work involving tribal litigation. Un- general curriculum as well as an ad- ciple of efficiency became more than of how constitutionally legitimate less law schools make an effort to vanced seminar subject. It must be an economist's law. It became the they may be. At least, not so long as teach the law of American Tribal In- • related to the teaching of the grant- ultimate rationale for the universali- their opponents enjoy the benefit of dians in their basic courses and semi- ing, delegation and separation of zation of the legal and political insti- the complacency and ignorance Jf nars to enlighten the whole student fundamental political power, within tutions, a process which is continuing legal educational institutions and body, as well as specialized seminars the federal system. If Tribes are not to this day. Before it, all diversity scholarship. for interested students, they will be • within this system, and not entitled to could fall, and we doubt that most The contemporary response is that presenting a bias which would be its principles and its plan, then they Americans would shed a tear of re- Tribal Indians who are law students detrimental to continuing Tribal are outside the system altogether and gret. Tribal Indians are willing to pay will provide effective advocacy in the existence. Legal education by omit- are not subject to its power . We do a higher price for their cultural right future. Yet, this response merely ting any mention of the status of not believe that Congress can consti- to be different and will resist begs the question. The issue is how in tribes in American jurisprudence • tutionally make tribes mere shadows assimilation. the present method of teaching law, makes a profound value judgment of federal power and be excused for The Civil Rights Movement is an can a tribal Indian resist the rampant that is and will be persuasive to the the exercise of unbridled federal con- assimilationist movement. It is pre- value contagion without turning away court's mind and has the effect of trol over the liberties of individuals. mised on the acceptance of universal from the intellectual strengths of the convincing the Tribal Indians in law The European power may perhaps national society as the goal for racial present system of legal education and schools to seek assimilation for their • finally extirpate them; but can never minorities. Economic, social and po- scholarship? How can an Indian law people. In sum, such complacency conquer them . .. we shall pay' dear, Iitical equality, in effect, means com- student, who has been taught not to and ignorance effectively destroys both in blood and treasure, in the plete integration of wealth, people appreciate the status of his Tribe in any environment that might other- meanwhile, for our horrid injustice. and votes. This is all well and good relation to federalism be of profes- wise perpetuate Tribal Government. • Governor Thomas Pownall [1744] for a minority which is dispersed, and sional benefit to nis community un- The role of the Tribes in juridical 2.TRIBALINDIANSAREJUST for which separate law was always less he independently researches the scholarship has never reflected the ANOTHER ONE OF THOSE exploitive subversive white law. Most entire history of the issue? In at- value of the quotation, "Man think- MINORITIES Indians, however, live in discrete, tempting to understand this basic re- ing will continue to tell us what Sovereignty of sub-federal powers political communities. They have lationship particularly when working the law ought to be; man acting will • in the United States has fallen into their own governments and their own in isolated areas without proper re- tell us what the law is." Therein lies disrepute in the course of the long separate laws which are the products sources, how much time and energy is the fallacy of the law school and the struggle in this generation for "civil of dynamic social change. The ideals lost? What is the result when an Indian Tribes. rights." It is unfortunate that while it which Tribal members hold dear- Indian lawyer attempts to advocate a Reprinted from the Harvard Law has been necessary to challenge the what is worthy of preservation and new yet Constitutionally sound mani- School Bulletin with permission of the • residual power of the states in order what is even worth the price of some festation of tribal sovereignty to a authors. This is from a larger story to affirm the right of any citizen to isolation from the so-called blessings judge who has no idea of the signifi- entitled: "Oyate kiN hoye keyunga u equality before the law, this same of civilization, is embodied in these cance of Tribal government? How pe" by J. Youngblood Henderson movement has further eroded the laws. Clearly, Indians want to be many times will the judge decide the and Russell L. Barsh. • power of the people to be free of equal, but the equality they cherish federal encroachment upon their most dearly is the equality of political right to be diverse in law. There is a choice and the right to continue their world of difference between the use association as tribes and to govern of' separate-law by a majority to en- themselves and their territory under • slave a minority, and the use of sep- their own form of laws, to no less ex- arate law by a minority to preserve tent than any State. and effectuate its unique and original Somehow, in the exhilaration of character. But just as the Black Civil equality, lawyers have forgotten that Rights Movement held the seed of equality means a right to choose and • doom for black separatism, the civil to be, rather than a compulsion to be. rights movement generally seems to Today any diversity, any differentia- hold the seed for doom of tribal sov- tion, is suspect and condemnable. If ereignty, since at present tribal sov- Tribal Indians are ' 'just another ereignty is ignored by legal scholar- minority," for the 14th Amendment " ship. In the legal mind, the impera- purposes (and so they are believed to tive of equal rights is becoming an be by many of our law professors), imperative for assimilation, regard- then they must expect the same less of national identity. treatment. We will see the irony of • The roots of this movement can be the liberal sentiment for civil rights traced to the emergent nationalism of forcing Indians to abandon their the seventeenth century, a national- tribes and disappe81' anonymously ism which arose in the policy seien- into the great American labor force . tists' inspiration that drawing the di- In a few years this would Constitu- • verse strands of English society into tionally accomplish in the name of one integrated organic totality, would humanity and freedom, that which be more efficient, more wealth- Congressional power, influence, and producing than individual, diversified wealth had utterly failed to do in the units. To be sure, the ancient "liber- last two hundred years - the aboli- • ties" of boroughs and towns, then of tion of the political rights and choices Ireland, Wales and Scotland, and of the citizens of the tribes. lastly of the American colonies, As long as students of law are left would have to be sacrificed for the with the understanding (as are our • great common good and concededly classmates) that Tribal Indians are these Communities might languish "just another minority," as long as and deteriorate in the process. But on law teachers recoil from the task of the whole the greater national distinguishing political equality from treasury justified all. socioeconomic equality - the differ- • In the Revolution and the prepara- ence between the right to be as one tion of the Constitution, America chooses and the right to be the same represented to the world its reaffir- as others - how can Tribal Indians mation of much that England had expect meaningful and effective legal sought to destroy under the banner of advocacy? Many ?f our teachers at • efficiency. Both in the rhetoric of the Law ｾｨｯｯｬ＠ will. not ･ｶｾｮ＠ accept separation from England, and of di- ｴｾ･＠ premlse ｾｨ｡ｴ＠ Tribal. ｉｮｾｳ＠ may versity among the states, a principle ｳｭｾ･ｲ･ｬｹ＠､ｾｳｉｲ･＠ to remam different or was confirmed - in the interest of deSIre a different future from other liberty the preservation of some dif- racial ｭｩｮｯｲｩｴｾ･ｳＮ＠ Could ｾｹ＠ｯｾ･＠ of ferentiation in styles of living was them, for all his ｾｨｯｷＺｳｨｩｰＬ＠ ethically necessary. Though it might diminish ｲ･ｰｲ･ｳ･ｾｴ＠ an ｉｮｾ＠ Tribe? How ｬｯｾ＠ national efficiency, it was a fair price must Tribal ｉｮｾ｡ｮｳ＠ continue to dis- to pay for individual freedom. Such cover that theIr ｬ｡ｷｹｾｲｳ＠ have not freedom was to be the inducement been taught to apprecrate the rela- that would hold the States and their tionship between Indian Tribes and PAGE 14 HASTINGS LAW NEWS JURY IS MESMERIZED BY TRIAL Although one juror said later she During his opening arguments, didn't believe hypnosis to be "God's Hawkins told the jury Magee did not while thunder rumbled outside the After Magee was found innocent will," a five woman, one-man jury "hold himself out as a doctor," but courthouse, the jury listened to Friday morning, he, Franz, Hawkins, Friday found hypnotist Ira Magee in- rather taught people self-hypnosis to Magee's somber, hypnotic voice- and McFadyen retired to Judge Har- nocent of unlawfully practicing hyp- break such bad habits as bed-wetting, reproduced on the phonograph record rison's chambers. Judge Harrison nosis for therapeutic purposes. nail biting, smoking and overeating. played at his demonstrations. began making out checks for the state's "expert witnesses" in the It had been the first trial for most Judge Harrison asked the court "You have a strong desire to close ofthe jurists, and a most unusual one clerk who had filed the complaint your heavy eyes," Magee's voice amount of $75. McFadyen reportedly for County Court Judge Howard against Magee, and raised his eye- said. Judge Harrison leaned back and objected to the amount, explaining to Harrison and Assistant State Atty. brows when told it was David H. nodded. When the record finally the judge that he had promised the Dave McFadyen. Bludworth, Palm Beach County State came to an end, one juror was witnesses more money. Magee was arrested May 30 in Attorney, or "Numero Uno," as sprawled in a near comatose state, Judge Harrison put a 1 in front of Sarasota by the Martin County Judge Harrison called him. her arms and legs stretched out. the 75, agreeing to pay the witnesses Sheriff's Dept. at the Red Carpet Inn, In presenting the state's case Although the record caused many $175 if McFadyen promised "not to where Magee was ｣ｯｮ､ｾ｣ｴｩｮｧ＠ a self- against Magee, McFadyen presented eyelids in the courtroom to grow bring another turkey in here." The hypnosis demonstration. several witnesses, including Joel heavy, eyes were wide open when judge did not say whether he was re- The arrest stemmed from a Palm Padgett, a state attorney's office in- Hawkins walked to the witness stand ferring to the witnesses or the case. will Beach County warrant charging that vestigator who attended the Jan. 6 and jabbed an 8-inch hatpin into the EDITOR'S NOTE: Jim Franz Magee had unlawfully engaged in the demonstration, and two hypnotists left hand of Magee's 24-year-old as- be giving a special demonstration at practice of hypnosis for therapeutic who were declared "experts on hyp- sistant, Jim Franz. Hastings as part of the second Outing purposes without being a doctor, and nosis" by the court. Franz explained to Judge Harrison Club/Law News back to school party after the Spring Break. not acting under the supervision, After McFadyen rested the state's that he had programmed himself direction, prescription, and responsi- case, Judge Harrison said he was through self-hypnosis not to feel any Franz, who played a dramatic role bility of a doctor during a hypnosis thinking of throwing the case out of pain. Franz repeated "cold and in the trial reported on above. will demonstration held Jan. 6, at the court. numb" twice, when the pin entered give an equally dramatic demonstra' Datura Street Holiday Inn. "I can pull books off any stand in the fleshy part of his hand. tion of the use of hypnosis here at Hastings. The charges, which are both mis- any bookstore in town - some that The court stenographer cringed, demeanors, stemmed from a self- don't even have a forward by a doctor and jurors looked stricken, as Franz At the request of the Outing Club hypnosis demonstration Magee held - which say the same thing he continued to testify, frequently ges- and the Law News he will make Jan. 6, at the West Palm Beach (Magee) did (teaching self-hypnosis). turing with his hatpinned hand. special note of the uses of hypnosis Hotel. But Hawkins refused to let the "Could anyone do this?" Hawkins by the Legal Profession and various According to Magee., the State At- court decide the case, stating that his asked Franz, and pointed to the applications it has as a study tool and a courtroom device. torney's office plea bargained with client had suffered great injury being hatpin. his attorney, T. Jack Hawkins. "They arrested, and "We want the jury to "No, but if someone took the The above story was taken from the told Hawkins that if I would plead decide the case." course, we might do this as sort of Palm Beach Daily News-Sunday, September 21, 1975 © P.B.D.N. guilty, they would see I was fined The defense began a bizarre show graduation for them," Franz $100, rather than the maximum demonstrating self-hypnosis, over answered. $500," he said. But Magee decided it McFadyen's frequent objections that "It isn't required, is it?" a horri- was now a matter of principle and de- "this is a courtroom not a stage." fied Judge Harrison queried. manded a trial by jury. And so. late Thursday afternoon, "No," Franz answered. HASTINGS INTERNATIONAL SCENE Students - some still in the blissful scholarly to the frivolous - speeches This semester, Roxanne Ortiz of law schools. The results of the survey fog preceding an early-moming class and surveys, feasts, films, and the International Indian Treaty Coun- will form the basis for our re- - must have been taken aback last French phonetics. While there are a cil showed the videotape "We are the commendations to the ASH Curri- February 16 at being asked to President and two Chairmen, formal- Evidence of this Western Hemis- culum Committee. complete a full-page questionnaire ity is at a minimum, and membership phere, " documenting the Council's International Human Rights Law demanding that they choose among is largely a matter of participating 1976 meeting at yankton, South took first place. Energy and Immi- non-existent courses on foreign sub- and communicating. The only re- Dakota. A panel on job opportunities gration Law tied for second, while jects classed in subtle categories. quirements are to keep in touch and in international law will be held on Environmental Law was third. In the Who was responsible for this imposi- to be ready to inplement one's own Tuesday, March 15 in Room A. On category of Comparative Legal Sys- tion? And what strange confraternity proposals. March 29 at 12:30 Dr. Khalid Babaa tems, China (PRC) and the Soviet of the Arab League will discuss Arab Union took the lead. Proposed lurked behind the pretentious Gothic EXPERT TESTIMONY letterhead with its obscure Latin oil policy, and on April 5 at 3:30 Dr. courses varied from Roman to Space motto? The Speakers Series, which spans Max Rheinstein, a world authority on Law, and included Middle East, A justifiable question. As a matter the academic year, features special- comparative law, will speak on the copyright and military law. (The of fact, the Curriculum Survey was ists in international and comparative changing legal position of women. results are available in detail separ- law as well as in related fields. Last ately.) only one of the more apparent FUTURE INTERESTS activities of the Edwin De Witt semester Professor Schlesinger des- THE SPIRIT OF THE JAWS Dickinson Society of International cribed the breadth and variety of In order to estimate student in- Law. international law , Professor Rittner of terest in.comparative and internation- If soil and climate mould the laws Named after a renowned professor, Davis spoke on co-determination in allaw courses in years to come, we of nations, must not diet playas great the Society is an assortment of stu- Continental industry, London barris- distributed some 700 copies of our a role? It is upon these dubious dents willing to indulge in common ter Brian Wroble presented a film curriculum survey to second and grounds that our Dining Club pro- interest in comparative or interna- about Amnesty International, and third-year students last month. Pos- ceeds, and if Montesquieu be loathe tional law in whatever manner may Professor Friedrich Juenger re- sible course titles were chosen from to follow, Brillat-Savarin is better suit them. Activities range from the counted the history of the Civil Law. the catalogues of leading American continued on page 15

SUPREME COURT continued from page emment and business law. "The At- torney General's Office provided a great vehicle for me," he said. While at Hastings, then located in ;he California Building on Van Ness, Manuel was editor of the Hastings Law Journal and a member of the Order of the Coif. Contrasting Hast- ings then and now he said, "The - 3Chool' s more sophisticated now. ' , He cited the use of videotape, the facilities available to students and the moot court program as examples. "I "iat on Moot Court trials, which I used iust after my appointment to develop ny style as a judge. I was a student myself." The Hastings Law News thanks fudge Manuel for the very gracious Ilxtension of his time for this interview and wishes him a full and re- 'varding career on the high court l,ench. Jack Kenealy • PAGE 15

LAW JOURNAL ELECTION FIRST YEAR • The staff of Hastings International EPITAPH and Comparative Law Review has Solace in the Midst 01 ｾ･＠ Tempest elected editors for next year's publi- .. cation. Shown above, from left to We got those first year student blues, right, are newly elected editors John We know we got to beat 'em or we'll Harwell (Executive Editor) and Patty lose. Rogers (Editor in Chief), and current So it's tighten up and pay our dues, Co-Editors in Chief, Linda Cabatic And give up that demon - BOOZE. • and Ken Olivier. Rogers and Harwell have com- We got that first year feeling - pleted selection of an editorial staff of "we've had enough," 23 and will shortly begin the selection But we're egged on by those legal process for next year's writing parti- buffs, cipants. Interested students can ob- And we know this should be our last tain information at the International puff. and Comparative Law Office located at 55 Hyde Street. But another Friday has appeared, foto by flynn And it's back to more sex, drugs and beer. So listen fellow students and you shall hear, TREATY COUNCIL Of two more who blew their legal career. Roxanne Ortiz , West Coast repre- evidence in support of its claims Rick and Pam '79 sentative of the International Indian before the United Nations Committee Treaty Council, came to Hastings on on Decolonialization. This will in- Continued from page 14 Tuesday, March 1 to show the video- clude the terms of treaties like the tape documentary "We are the Evi- Fort Laramie Treaty of 1868 - all of company anyway. dence of this Western Hemisphere." which have allegedly been broken by Our last stop having been Sicily- purpose of all this activity is, when Filmed /It the Treaty Council's second the United States. or more precisely, North Beach - we most students will never specialize in meeting at yankton, South Dakota in The showing of the videotape was visited the Caffe Sport to wrestle with any branch of international law. The June of last year, the documentary followed by an informal discussion of the calamari. (The calamari won.) purpose, of course, is partly to cure portrays the evolution of Indian the many complex problems facing Despite the arrival of reinforcements just this kind of professionalistic consciousness from a local to an the American Indian nations, both from USF, we failed to storm three myopia. The lawyer does not live in Ii international level. Through striking locally and internationally. Particu- citadels of fettuccine, and beat a vacuum. He can no more afford to be • close-ups of various men and women larly interesting is their struggle for quick retreat to Mooney's Pub, where oblivious of the rest of the world than - elders, spiritual and political lead- rapid development within the spirit of we matched wits with two pinball he can ignore social reality. To foster ers, youth and intellectuals - the film their traditions - a struggle which machines. awareness of the international con- records the mental and emotional they share, however, with scores of As always, we welcome new table- text of law - that, if we must state path which has led the American developing nations throughout the companions, and require only a Gar- one, is our purpose. • Indian nations to an appeal before the world. gantuan gullet and liberal tastes. Andrew Sorokowski nations of the world. Andrew Sorokowski Some realist may well ask what the Presently, the Council is gatherinlZ

HALL continued from page 3

have a cosmopolitan community. How standing: " I think 1 know more about can you hope to understand Asians the area of criminal law when 1 learn and other foreign students, if you more about this area. The inter- have no concept of the religions relationship of knowledge leads to the which form the basis of their inescapable question: how much do culture?" you need to know to master an area of Hall is the only attorney member of law?" an interdisciplinary group of doctors, Surveying the opportunities to pur- theologians, and anthropologists sue this topic at Hastings, Hall said, • which meets regularly in Berkeley to " the Bay Area has excellent facilities formulate programs designed to fos- for the study of Religion and Law, as ter work in the field of religjon and fine as those of Harvard." law. He described his motivation for • increased knowledge and under-

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SACRAMENTO continued from front page LAW JOURNAL'S FUTURE

On the afternoon of February 23, Court; Mr. J.N. De Meo of the Santa 1977, the Hastings Law Journal held Rosa Bar; Mr. Neil E. Falconer ofthe its annual meeting with its Advisory San Francisco Bar; Mr. William Committee, chaired by Susan Foley, McKee, San Francisco Bar; and Mr. Research Editor for Volume 28. The John A. Gorfinkel of the State Bar Advisory Committee is composed of Examiners. There was also a Hast- noted practitioners, academicians and ings contingent which included Dean members of the judiciary. The pur- Anderson, Professor Leo O'Brien, pose of the Committee is to provide Professor Joseph Grodin, and Profes- "The key to the most productive different perspectives as to content of sor James Cox, a newly appointed the Journal. In other words, in an ef- alumni program is the local alumni member of the Advisory Committee. chapter, " said Dean Marvin Ander- fort to make the best possible con- The particular focus of the annual tribution to the entire legal com- son to the Alumni Board of Govern- Winter meeting of the Advisory Com- munity, the Law Journal, through its ors. If the Sacramento chapter's in- mittee is on the symposium topics Advisory Committee, is seeking opin- terest and pride in Hastings is any which are proposed for future issues ions from outside its offices on the index of Hastings other six alumni of the Journal. These proposed sym- fourth floor. chapters, Hastings is destined for on posium are presented by members of The list of names of those Advisors of the most successful alumni pro- the Journal's research staff, com- in attendance is impressive and in- grams in alumni history. ments on the topics's viability are cluded: Mr. B.E. Witkin; the Honor- offered by the advisors. able Mathew Tobriner, Associate Based on the exchange of ideas at Justice of the California Supreme continued on page 10

ALUMNI LONG RANGE PLANNING AND CHAPTER EVENTS At a meeting of the Long Range CLASS OF '35 eon will be on Tuesday, September 27 Planning Committee of the Board of dent of a successful event. Who A committee headed by Tony at a site to be determined and the Governors on February 26, it was de- wouldn't want to attend an event with Kessler is currently organizing a alumni Board of Governors will hold cided that a day-long seminar will be these features: free parking! hosted fund-raising effort to honor classmate its quarterly meeting on that date. held on May 14 following the Alumni bar, museum gallery tour, dinner Hon. Oliver J. Carter. At the time of Other convention activities will in- Board meeting at the Biltmore Hotel complete with strolling violinist and the last reunion of the Class of 1935, clude the traditional hospitality room live entertainment after dinner, all in Santa Barbara. The purpose of this open for coffee and rolls in the program will be to evaluate what the Justice Carter had mentioned a class for only $15.00 per person! gift to the College. Now, as a morning and appropriate refresh- This is the first of the annual galas Association has done, is doing and ments in the afternoon, and possibly should do. From these discussions memorial to Justice Carter, ten class- to be presented by the largest Hast- mates have pledged $500.00 each to a a bay cruise sponsored by the 1066 will come an overall plan for Associa- ings chapter. scholarship or professorship fund and Foundation. tion development tied into the entire other classmates are being invited to Other chapter functions are being Hastings Community master plan. GREATER WS ANGELES AREA participate. Gifts to the fund will not planned and include a spring lunch- The members of the Long Range CHAPTER be limited to the Class of 1935 and in- eon and an evening of baseball with Planning Committee, chaired by Chapter President Steve Burtnett the Padres. president-elect Henry Krivetsky '60, terested donors are encouraged to '67 has unveiled an ambitious series contact Kessler or the Alumni Office. will digest the findings of the seminar of chapter events for the coming ALAMEDA/CONTRA COSTA groups and make a final report to the months. Los Angeles Mayor Tom SAN DIEGO CHAPTER READIES COUNTIES CHAPTER Board of Governors. Input will be re- Bradley will address a breakfast FOR STATE BAR CONVENTION Chapter President Ralph Yanello quested from alumni in the form of a meeting in March. The Orange The reins of the San Diego area '72 has just revealed plans for a gala questionnaire to be distributed in County Alumni will have a dinner this chapter have been turned over to •'Night at the Museum" to be held on coming months. Alums with specific spring at the Balboa Bay Club or the Larry Branton '70 who is already April 22 at the Oakland Museum. ideas for Association activities and Newporter Inn and the Chapter an- Sights have been set high for this, the involvements are encouraged to write making preparations to host the visit- nual dinner will be held in June. first major chapter event since its to the Long Range Planning Com- ing Hastings group during the Cali- Steve also reported a successful 1975 incorporation, but Yanello and mittee in care of the Alumni Office. fornia State Bar Convention Septem- test of the bulk-rate mailing sent 10- the other chapter officers are confi- ber 24-28. The annual alumni lunch- continued on page 8

ENDOWMENT continued from front page The Fellowship Screening Com- Sullivan (Ret.), who will be on the HEY, ALUMNI! mittee will consist of three appointees Hastings Faculty next year; Judge of the Dean of Hastings College of the Arthur Alarco n from the Los Angeles Send Us a Photo for the Yearbook Law and two appointees of "The Superior Court; and Albert Dorskind, Friends" of the Tony Patmo Fellow- Executive in charge of Real Estate Send us a picture of the goings-on at ship. The Screening Committee now Development, MCA, Inc. A fifth includes Vice-Dean William J. member will be selected by these four Hastings while you were here. Include a Riegger, Assistant Dean of Student already appointed members. possible caption too. Affairs, Jane Peterson, Professor Strong support for the future Jerome Hall, Elliott Witt, and growth of the Tony Pati1io Fellowship We'll return them to you unharmed! Rosemary Gauthier. Mr. Witt is will come from the "Friends of the Executive Finance Officer of MCA, Fellowship." They are being re- Inc. and Ms. Gauthier is a prominent cruited from leaders in the industrial send to: The Hasting Yearbook Los Angeles attorney. and entertainment world. Their main The Selection Committee includes function will be to assure the financial c/o Hastings Centennial Fund former U.S. Supreme Court Justice strength and the steady growth of the and Hastings Professor Arthur J. Fellowship. 198 McAllister St. Goldberg (Honorary Chairman) ; Calif. San FranciSCO, CA 94102 Supreme Court Justice Raymond