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FORDHAM UNIVERSITY seH L OF LA:

VOL. IS NO. S © THE ADVOCATE FEBRUARY, 1984

Complete Tuition Rate Schedule 1984-85 PAYING FOR THE PRIVILEGE Fordham College $2,975 per semester College of Business Administration $2,975 per semester Psst. Tuition's going up next year. What? John Feerick: Why the difference, indeed, why That doesn't surprise you? I guess it's true. the increase? He gave me several answers. School of General Studies $1 66/credit Cynicism has uprooted even apathy and replac­ As an initial matter, he told me that his of­ : College at Lincoln Center $ 166/credit ed it as the basic response to news. Whatever fice had direct input to the Board of Trustees, i your reaction to this news, though, it remains concerning the Law School's anticipated needs, Graduate School of Arts and Sciences $l90/credit true. So let's look at the numbers. which figured heavily into the Board's decision Grad. School of Religion and Rei. Educ. $l90/credit This year in the day school, the class of of how much to make the increase . The basic '85 is paying $6,800. Next year that amount Graduate School of Education $190/credit increase, of course, is just to cover inflation; will be increased to $7,700. The day classes of the higher cost of maintaining the status quo. Graduate School of Business Admin. $2 16/credit '86 and '87 are currently charged $6,900. In No one with eyes in his head, a chill in her back Graduate School of Social Service $20llcredit the fall that will jump to $7,800. In the night or soot in his soup, though, could think that this school, '85 graduates paid $5,100 for the 82-83 school is merely maintaining. Dean Feerick School of Law Day: Third Year $3,850 per semester school year and will pay $5,800 as they outlined several of the plans for future growth Second Year $3,900 per semester graduate. Those hoping to last until 1986 and which the increased tuition will support. First Year $3,900 per semester 1987 are now paying $5,100 and $5,200 respec­ Dean Feerick confessed to me that the cur­ tively. As the coming summer ends they will rent physical construction has taken up the bulk Evening: Fourth Year $2,900 per semester each be asked to come up with $5,850. of his time. The two issues about which he felt Third Year $2,925 per semester I've saved you the time. With some slight most concerned, however, were financial aid Second Year $2,925 per semester variation, the increases work out to a lucky 13 and career planning. By far the largest por­ First Year $2,925 per semester percent. tion of the tuition increase will go toward in­ What are we to make of these numbers. creasing fmancial aid funds by at least 20 per­ Summer Session Undergraduate $ 154/credit Well let's see how they stand up to some com­ cent. The Dean also hopes to be able to put ad­ Summer Session Graduate $176/credit parisons. NYU Law students this year paid ditional staff into the Career Planning Office $9,300, nearly 12 % more than their tuition the and to computerize its operation. year before. Columbia's $ 10,000 price tag fo r Computerization is also the plan for the 83-84 is over 13% more than last year. Ap­ registrar and admissions offices and for the STUDY ABROAD parently neither Fordham's tuition nor this library. Faculty salaries are on the rise. The By Linda Young year·s incrl'ases are out of line with our Law School will be expanding it.s offerings of There are many opportunities to study abroad for those students interested in this prospect. neighbor'S practices. The other schools of Ford­ Continuing Legal Education. This year's in­ PQ!>ten; giving details are on the bulletin in the stairwell outSide the Placement Office. Professor ham University, however, have had their tui­ crease in the Clinical Education program will Daly is collecting material on foreign study and will be available to advise students concerning tions increased by only 8 percent. I asked Dean Continued on page 9 summer study in foreign countries. This article will provide a synopsis of some of the material presently available to the law school so that Advocate readers will have an idea of the variety of programs for study abroad this summer. AUSTRIA COPING WITH CHANGE • At Salzburg Institute - sponsored by McGeorge School of Law - July 8 to July 28. Courses: By Robert M. Hanlon Comparative & International Conflict of Laws; International Law & Human Rights; East-West the closing of the entrance. Access to the Trade; International Organizations. Cost: $1 ,095 for 1 course plus a double room, continental Traditionally, D-Day has always been Library and the collection will be through the breakfast and social/cultural activities. observed on June 6th. But for F.L.S., "D" is rear door. CIllNA for Demolition Day and will occur on May 18, In the not too distant future, the main • At Zbongshan Institute (in Canton) - sponsored by Southwestern Univ. School of Law _ 1984, minutes after the last multiple choice elevator will be closed for three months so that June 11 to July 24. Courses: Chinese Law & Institutions plus International Trade and Invest­ question on the Professional Responsibility Ex­ the shaft can be extended an additional two ment or Selected Topics in International Law. Cost: $4,100 covers tuition for 6 credits, full amination has been answered. floors. room and board, internal travel expenses in Cbina, and a two-day stay in Hong Kong. 4 Starting that week the interior renovations By early June, the south corridor walls on weeks will be spent at Zbongshan University and 2 weeks observing Chinese courts and required to join the present building to the new the second and third floors will also be remov­ legal institutions in Beijing, Shanghai, Suzhov, and Hangzhov. construction will begin. The first major disrup­ ed since each floor will look out into the tion will be the opening up of the south cor­ Atrium. As a result of this construction no one ENGLAND ridor wall on the main floor along the hallway will be able to walk down the corridors and have • London - sponsored by Syracuse Univ. College of Law - June 11 to July 27. Course: clinical leading to Placement and the elimination of Dr. access to the offices and the Journals will be internship (students are placed with barristers, solicitors, etc.) for 6 credits - ABA approved. Cost: Teclaff's office in the library. The aperture by the east or west staircases. Room 303 will approximately $200 per credit hour; and 400 pounds sterling for housing including breakfast. will become the entrance to the Atrium floor be split in two: the eastern end becoming a se­ Apply by April 2, 1984. and the foyer off the new lecture hall. Dr. cond Moot Court Room and William R. • At Notre Dame London Law Centre: a full year abroad for second year. Cost: approx­ Teclaffs new office will be built in the Main Meagher Center of Advocacy; the other end imately $6.470 for tuition. Apply by March 1, 1984. Reading Room of the Library, under the Law becoming an 80 seat classroom. • London - sponsored by Pepperdine University - a fall semester in London. Cost: approx­ Review complex. The Admission Office will be temporarily imately $5,400 for tuition plus double occupancy housing and continental breakfast. . By June 1st, current plans call for the removed to a small classroom on the second • Cambridge - at Downing College in Cambridge University - sponsored by University of demolition of all the offices in the Lower floor, since their present office and the Place­ Mississippi Law School - July 8 to August 10. Course: International Law, International Trade, Reading Room and the renovation of that area ment complex are going to be renovated into Common Market Law, Comparative Law, Legal History, Federal Trial Practice, UCC Seminar. into library space and two staff lounges. The a new and expanded Admission and Financial Program meets ABA standards. Cost: $700 tuition; room and board for 580 pounds sterling. dislocated faculty members along with the Aid Office. Apply by March IS, 1984. secretarial pool will be relocated into new of­ Placement will move into the new suite on • Cambridge - At Emmanuel College of Cambridge University - sponsored by the Univer­ fices in the expanded west wing of the building the ground floor of the building by mid-June sity of Richmond - July 1 to August 4 . Courses: International Law, Legal History, Comparative where two new floors have been added. so as to be all set up before the interview season Public Law of U.S. and U.K., Law of European Economic Community, Corporations, Interna­ For most of the summer we will lose bet­ starts. tional Business Transactions. Program scheduled to meet ABA approval. Cost: $800 for tuition; ween one-third to one-quarter of the Upper There are no plans to alter any of the Ad­ $875 fo r room and board. Apply by April 1, 1984. Reading Room of the Library. The extensive ministration Offices along the main corrido:, Continued on page 10 renovation of the Library Lobby will result in so we will all be here at work all s·ummer.

• Advocate Editorial: Misuse Of The Library • FLS Events In Review • Book Review Of The Death Penalty: A Debate • In The Jesuit Tradition • Broadway • Calendar • Legal Crossword Puzzle • Dean Feerick: " Law, Lawyers And Law Schools" • Performing Arts • Faculty Head Notes: Betamax: Technology Over Copyright • Snoopy Page 2 • THE ADVOCATE. February 1984

6. If material checked out to a student becomes overdue, an overdue notice will be sent to th~ Misuse Of The student, a fine of 50c per day will be levied, and the student will lose the privilege to check - o~t a~y library materials (ineIudi.ng reserve materials)·until the problem: is resolved. EDITORIAL: Library '7. If the student shoilld lose the cheeke~ out materials, he OJ she ~us t pay for replacement of tlJe materials, plus a $5.00 processing fee. The Advocate hopes its readers had an enjoyable holiday season. In addition, we would like 8. The names of students who have not returned overdue materials or paid overdue fines will to apologize for the inadvertent errors which changed Fatl!er Zogby's intended message in his 'be turned over to the. register. First and second year students shall not be allowed to register article, In The Jesuit Tradition, which appeared in the November issue. A reprinted excerpt has for another term until the account IS settled ., Third year students shall not be allowed to graduate .. been included in this issue to dispell any misconceptions which might have arisen from the misprints. D. R ULES FOR THE USE OF THE LffiRARY AFTER REGULAR HOURS: A serious problem which surfaces during exam periods and writing competitions involves I. Law students who can identify themselves may use the Main Reading Room and the stacks misuse of library books. The situation is completely inexcusable, but fortunately 'it is avoidable. after regular hours. The reason we are discussing the problem at this point is because of the large number of com­ 2. When the Main Reading Room is open after regular hours, lights will be provided only over plaints received from students concerning this very issue. Students who notified us were both the front rows of tables. angry and disenchanted to think that their colleagues attending a professional institution would 3. In the stacks, lights should be switched on only long enough to get books and must be switch­ resort to such dishonorable conduct. The Advocate shares their sentiments and wishes to address ed off immediately. the causes and solutions to this dilemma. 4. The reserve cage will be closed after regular hours. Reasons for the problem run the gamut from simple laziness to cognizant sabotage. Students E. RULES ON THE USE OF STUDY CARRELLS: in a hurry to meet an impending deadline may simply forget or feel that they do not have the 1. A student may use a study carrell for extended periods in order to write a paper for a course, time to return books to the reference librarian or to their respective shelf location. At the other a moot court competition, a journal, or as a research assistant. end of the spectrum, dishonest students take conscious steps to remove books from circulation 2. No more than twenty books may be stored at a carrell at one time. either pe~anently or at least until a particular assignment due date has passed. However, in 3. No reserve books may be stored overnight. either case, the result is the same since other individuals are hindered or precluded from using 4. No reporters may be stored overnight. their library's resources. 5. No periodicals, including bound law journals, may be stored overnight. Therein lie the various causes of the problem; how can the situation be avoided? Fortunate­ 6. The desk area of the carrell is to be left clear for use by other students. The titles of stored ly there is a relatively simple solution which can be implemented. It involves respect for another's books must be clearly visible. rights. If individuals maintain a keen awareness of what the potential effect that their actions . 7. A legible note is to be left at the carrell with the following information; will have on another, the lazy or dishonorable act will be prevented. If such an approach is taken, a. the student's name. all will benefit from the unimpaired access to the research publications. b. the reason for the research (journal, paper, etc.) However, if the blemished forces of human nature prevail and individuals choose not to c. the estimated end of the research period. recognize their professional responsibility, the administration must intervene to provide greater 8. No extended research is to be done on any of the tables in the main reading room. security measures in the library. These should include more thorough searches for library books 9. Students will not be allowed to store books for research for widely shared assignments, such as the Mulligan competition, Legal Writing, etc. at the library entrance; a large library support staff to shelve books more quickly and efficient­ ly; and tighter controls over the closed reference section of the library. If these changes are im­ to. Failure to observe these rules will lead to reshelving of all stored books by library staff. plemented the library's resources would be protected and accessibility to all volumes would be F. RULES FOR USE OF OTHER LffiRARIES: preserved. 1. When a student needs materials not currently available in our library, the library staff will Ideally, it would be better if users of the library would live up to their professional obliga­ aid the student in the location of such materials in other libraries. If the student needs a letter tion and take ultimate responsibility for the resources they use. If they do not, however, the ad­ or pass to use another library, a librarian will write or issue such a letter or pass. ministration must intervene. If such efforts are not made, one of the school's most valuable 2. All students using other libraries must follow the rules of that library. resources will be depleted at the expense of innocent 'users of the facility. Do your part to main­ 3. The library will not borrow materials from other libraries for student use. tain the library - Reshelve Books Promptly & Correctly!!! G. RULES FOR USE OF LEXIS: As an addendum, we have published a list of the other applicable rules to remind users of 1. No first year students will be trained on LEXIS-or be allowed to use it--until after first year the library exactly what their individual responsibility is. oral arguments have been completed. . 2. LEXIS may be used only for educational purposes . 3. Students may sign up in the schedule book for a desired time slot. 4. A student arriving to use LEXIS more than ten minutes after the time for which he or she FORDHAM signed up, may be preempted by another student. 5. At the designated time, the student will surrender his or her ID card at the reserve desk. The student will then receive a time card and the key to the LEXIS room. LAW LIBRARY 6. The student's ID card will not be returned until after the time card and the LEXIS room key have been returned to the desk. The student must be sure to turn off the light in the LEXIS A. MISCELLANEOUS RULES: room and lock the door. 1. Only current Fordham students, faculty, and law school alumni may use the library. Others 7. LEXIS is not available for use between 2:00 pm and 5 :00 pm on weekdays. Otherwise, LEXIS will be admitted only with the permission of a law librarian. may be used during regular library hours. 2. All persons using the library must show identification at the entrance. Persons without proper 8. Professors and librarians may interrupt student use of LEXIS should the need arise. _ id:ntification will be denied access to the library. 3. All persons leaving the library must be prepared to allow authorized personnel to examine their belongings for library materials. 4. All persons using the libr~ry are responsible for their own belongings. All valuables must be kept with the library user at all times. 5. No food or drink may be brought into the library. 6. No smoking in the library. 7. Library personnel are forbidden to page anyone. If there is an emergency, contact security at 841-5135. B. RULES FOR USE OF RESERVE MATERIALS: The Advocate is the official newspaper ofRxdham University School of Law , published I. Anyone with permission to use the library may borrow from the reserve collection. by the students of the school. Its goals are to enlighten and infonn the Fordham Law 2. To use reserve materials, a proper charge slip must be filled out. Students must include their 'School Community ofnews and activities concerning the school. name and section number and indicate materials being used. EDITOR-IN-CHIEF 3. All users must show proper identification before filling out a charge slip. M ARK S. KOSAK 4. No reserve materials are to leave the library. 5. No more than three items may be borrowed at one time. 6. No more than five exams may be borrowed for photocopying at one time. BOARD OF EDITORS BUSINESS MANAGERS COPY EDITOR 7. Reserve materials do not circulate overnight. Reserve books should be returned 15 minutes PAUL CALAMARI JOSEPH MAZZARULLI DAVID HEIRES before the closing of the reserve desk. DAVID GOWBERG. GIUUANA MUSILLI CULTURAL AFFAIRS 8. During exams reserve books must be returned within two hours of their being borrowed. ROIJJ:.'RT V. FONTE MAURA O'SUllIVAN REPORTER C. CIRCULATION RULES: CARLO ROSSI EILEEN R. POUOCK I. Only students and faculty of the Law School may borrow library materials. 2. A student may not have more than three books charged out at anyone time. BOOK REVIEW PRODUCTION STUDENT AFFAIRS 3. The student loan period is one week. A loan may be extended for another week at the discre­ CORRESPONDENT DIRECTOR COORDINATOR tion of a librarian. LOIS A. AIEllO JOSE GONZALEZ STEVE KALEBIC 4. A librarian must approve and intial every borrowing transaction. 5. Only certain classified monographs circulate to students. Among materials which do not cir­ Entire contents © copyright The Advocate. All rights of republication reserved. culate to students are reporters, codes, reserve materials, and any other materials which the librarians judge should not circulate. ,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~, ! YES, SIR, I T~INK I KNOW AFTER r FALL ASLEEp, INCIDENTALLY, HOW IS MY HERE1S T~E WORLD WARI ! , WI-II( ,(OU PUT ALL T~ESE '(ou cAN TELL IF ,'M FR'EN~ SNOOPY', OOlN6 IN FLYIN G ACE BEIN6 , , WIRES ON MY HEAD... NARCOLEPTIC IF MY THE NEXT ROOM? TORTUR ED 61( T~ E ENEMV... , , "RAPID EVE MOVEMENT I' , , BE61NS RI61-1T AWAV". , ! 1~~ 'l~ .,~~~ . ! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ February 1984 • THE ADVOCATE. Page 3 "LAW, LAWYERS AND LAW SCHOOL" It may be asked do we need lawyers? Pro­ vocacy; to offer individualized instruction in ty to students. It may be of interest to you to By Dean John D. Feerick fessor Lawrence Friedman recounts in his such fundamental skills as legal writing, inter­ learn that the national median base salary for treatise on American Law that at the beginn­ viewing. counselling, and negotiating; to a law professor was $42,545 in 1982. Even our Delivered at the New York County Lawyers' ing of our colonial experience there was con­ educate in a manner that will emphasize the judges, whose compenSation is low, are better AssociDtion on November 17, 1983. siderable hostility toward the establishment of public nature of the profession; and to experi­ paid than what law schools can afford to pay a legal profession. Lawyers were banned from ment with new methods of teaching, new forms law teachers. I appreciate very much the invitation to ad­ the courts in some colonies and riots against of research, and new institutional settings. Law school graduates not only are enter­ dress you at this meeting. I am particularly lawyers occurred in others. The draftsmen of ing the legal profession at salaries higher than honored to do so at a time when one of Ford­ the 1669 Constitutions of the Carolinas said it The challenges directed to law schools are their teachers, but, in some areas of the coun­ ham Law School's most distinguished was "a base and vile thing to plead for money both healthy and understandable. But, I ask, try, at levels that may not even be achieved after graduates serve s .your President. For many or reward." In another colony it was said, how are these expectations to be met? As the 20 years of teaching. I do not mean to suggest years Denis Mcinerney and his law firm, Cahill "they have no lawyers. Everyone is to tell his American Bar Association Task Force on that law schools need to match the salaries paid Gordon & Reindel, have set a standard of own case, or some friend for him .. . 'Tis a Lawyer Competency has noted, "the expen­ generosity that remains unmatched at our happy country.' " ditures required, if legal education is to meet to practicing lawyers, but rather, that if we want our law schools to attract and retain teachers School. the legitimate expectations for it, far outrun the of great competence and dedication, faculty The topic about which I have chosen to But, as our society developed, the need for resources available from changes in emphasis salaries must bear a reasonable relationship to speak tonight is the law, lawyers and law persons trained in the law became manifest - and internal reallocation of funds. " what lawyers are paid. schools. to assist people in conflict to resolve their Do we need law? This is a foolish ques­ disputes; to draft documents; and to help in the Tuition revenue, which has been the ma­ tion. The law, as we know, plays a pivotal role creation and administration of law. jor source of law school funding at private in­ A national effort is clearly needed to assist in the maintenance of our democratic way of stitutions, no longer is adequate to meet the law schools if schools are to accomplish what life. The Declaration of Independence, which Why law schools then? As the profession challenges that lie ahead. Between 1974 and is expected of them. Lawyers themselves as in­ inspired our political and social democracy, is of law developed in America so did our system 1982 tuition at private law schools increased by dividuals, and as members of professional replete with examples of the kinds of abuses, of training persons who aspired to be lawyers. more than 140%. My generation oflaw students groups must spearhead that effort. Pressure injuries and oppressions suffered by people Law office training - the so-called appren­ could obtain a three year legal education for less must be brought on legislators to expand rather when there is an absence of legitimate law. ticeship system - was the principal mode of legal than $2,000. Today students require 20 and 30 than restrict fmancial aid programs. Private giv­ Among the laments listed by the framers of the education for much of the nineteenth century. thousand dollars for tuition alone. ing must be considerably increased. The Declaration were failure by a distant sovereign It was dissatisfaction with this system, its business community should be encouraged to Dean Albert T. Rosenthal of Columbia in abolishing, altering and suspending laws. It unevenness, lack of uniformity, and growth of provide greater support, since they, as all of Law School warned in this hall in his Charles was against oppression - in other words - the areas requiring special expertise, that led to the us know, have a great stake in preserving a absence of just laws that our forefathers establishment of law schools. EVilns Hughes lecture of March 18,1982 that smoothly functioning legal order. As the Special the cost of a legal education, coupled with the rebelled. Committee for the Study of Legal Education of Today, there are 173 law schools approv­ The preamble to the Constitution of the curtailment of government financial assistance the American Bar Association has said: "It ed by the American Bar Association. The ma­ United States sets forth the grand purposes of to students, may soon have the effect of limiting should become a matter of professional respon­ jority of them are private schools. Nearly the society of which we are a part, including a legal career only to the affluent. What would sibility to respond to the needs of the law 125,000 students currently attend these 173 our colonial "forefathers" say of such a world? schools ." The response calls for not only gifts " to establish justice"; "to insure domestic schools . of money but also of time, energy, and tranguility" ; "to provide for the common A typical law school budget has, apart from expertise. defense"; "to promote the general welfare" ; The expectataions for our law schools have financial aid, many demands on it such as per­ and "to secure the blessing of liberty. " These grown dramatically in the past ten years. Star­ sonnel costs , library acquisitions, student purposes were to be accomplished through a My colleagues, I would urge this great ting with Chief Justice Burger's Sonnett publication and activity costs; and the expense Association, and you as individuals, to make system of laws . Memorial Lecture of 1973, law schools have of running a physical plant. The success of our In the almost 200 years that have passed these issues a part of your active agenda. After been urged to do more to inculcate the high system of legal education hinges, to a large ex­ since adoption of the constitution, we as a peo­ all , the future of the profession we love is in­ standards of professional ethics basic to the tent, on the law teacher. Much is expected of ple have looked to the law to express our values extricably linked to the training of its newest lawyer's function; to provide programs by him or her in terms of knowledge of the law, and hopes , to preserve our rights, and to pro­ members -- and that future truly rests in all our which students may focus on the skills of ad- class preparation, scholarship, and availabili- vide stability in our society. hands . lIlt PEIPlE WITH HEADACHES AND CI'EIt lETTEItS TI WItITE

It's not easy. Finding a job in the right law firm never is. We know, we're former law students ourselves. At Tt-E UNSUPPY COPY SHOPS we take all the frustration out. Our Law List/Personalized Cover letter service allows you to easily and economically send your cover letter and resume to those law firms in which you have a specific interest. We can create and then store your resume indefinitely on our word pro- cessors, so you can make revisions whenever you need to. What's more, we have compiled lists of New York law firms and their hiring partners grouped by size and area of special­ ization - i.e. Corporations, Entertainment, International, LaDor, Litigation, Real Estate, Tax, etc. You simply come in with yaur letter - we do all the work! And you can feel confident that every list has been verified and up-dated. At Tt-E UNSLOPPY COPY SHOPS, we can't promise we'll get you a job, out there are 7,000 lawyers out there who will swear we got 'em in the door. THE S West 'ill St,.~t " WlN'tll St,~~t 2Sf·1336 221-flSI IJNSlflPP' CflP' ~~~~~~~~~~~~~~SHflP$~~~ Page 4 • THE ADVOCATE. February 1984 FLS EVENTS IN REVIEW REAGAN, MONDALE WIN SURVEY KAREN S. BURSTEIN SPEAKS President Ronald Reagan squeaked out a narrow 2% victory over Walter Mondale in a survey Karen S. Burstein, f'r.esident of the New York State Civil Service Commission, spoke Wednes­ of the student body conducted by the F.D.L.S.A. Reagan captured 153 votes (43.7%), Mondale day, February I. The lecture was part of the Dean's Lecture Series and was jointly sponsored 146 votes (41.7%) with 51 ballots (14.6%) not properly indicating a preference. Reagan had by Fordham Law Women. an easier time against John Glenn gathering 131 votes (37.4%) to Glenn's 117 votes (33.4%) .After Ms. Burstein graduated from Fordham Law Schol in 1970, she spent two years as with 102 ballots (29.2%) not properly indicating a preference. a staff attorney with Nassau County Law Services. In 1972 she became the first Nassau County In the voting among Democrats for their party's nominee, Walter Mondale easily distanced Democrat and the first Long Island woman to be elected to the New York Senate. She was reelected the field, gathering a 55% majority. John Glenn was a distant second with 13.8%, while Rev. in 1974 and 1976 to the Senate. In 1978 she became a F,ellow of the Institute of Politics at Har­ Jesse Jackson was third with 12%. Students preferred Mondale head-to-head versus Glenn by vard's Kennedy School of Government and, in the same year, she was nominated by Governor 79.6% to 20.4%. Carey to a seat on the Public Service Commission. In 1981 she was named by Governor Carey Reagan's narrow victories came as a result of a strong last hour vote. Goin! into the last to the Consumer Protection Board where she served as executive director. Despite Ms. Burs­ hour of voting Mondale and R.eagan were tied with 125 votes each (and 40 no votes). However, tein's support for Koch during the 1982 gubernatorial campaign, Governor Cuomo reappointed Reagan obtained 28 votes in the last hour while Mondale could only muster 21 votes. Glenn her to the Consumer Protection Board in January 1983 and then nominated her to the influential actually led Reagan before the final voting hour 106-104, but Reagan picked 27 final hour votes post of president of the Civil Service Commission in June, 1983 . Ms. Burstein has also served to Glenn's II to decide that contest. since 1978 as co-chairperson of the Governor's Commission on Domestic Violence. Recently Prominently suggested as possible Republican nominees should Reagan not run were (in she resigned as president of the board of directors of the Center for Women in Government. order of times mentioned) Howard Baker, George Bush and Bob Dole. Dean Hanlon and Pro­ Ms. Burstein teaches a course with Carol Bellamy and Ronnie Eldridge entitled "Women in fessor Vairo also had strong support. Power in Politics" at the New School for Social Research. There were 350 ballots cast. The complete breakdown follows : Karen Burstein was a dynamic speaker and had much to say to those in attendance on affir­ mative action, comparable, worth, the Reagan administration, and on her own experiences.

FINAL VOTE Entertainment and Sports Total Cast = 350. Law Council Sponsors Panel; I. Who will you vote for in the New York State Democratic primary for President? NEWSLETTER NEXT MONTH Among Democrats Republicans Independents Other Totals The Entertainment and Sports Law Council will be sponsoring a sports panel, which will Askew 2 4 0 1 7 appear in the Pope Auditorium on Thursday, February 9 at 7:30 p.m. The topic for discussion Cranston 9 1 1 0 11 will be "Pathway to Professional Sports Representation: Negotiation, Marketing and Manage­ Glenn 22 17 16 1 56 ment." Students, faculty and members of the public are invited to attend. Hart 13.5 7 6 1 27.5 Joan Madden, the CBS football broadcaster and former Head Coach of the Oakland Raiders, Hollings 1 5 3 0 9 will be one of the featured panelists. The others will be Charles Sullivan, Executive Vice Presi­ Jackson 19 5 10 0 34 dent of the New England Patriots; Martin Blackman, Sports Agent and lawyer; and George Veras, McGovern 5 0 2 0 7 the Producer of the NFL Today show for CBS Sports. In addition to speaking in their own right, Mondale 87.5 17 32 5 141.5 the panelists will take questions from the audience. Next month the Council will publish a newsletter, which will appear as a supplement to 2. Who would you prefer to be the Democratic nominee? the Advocate. The newsletter will comprise scholarly articles and commentaries ,written by Council members. Hopefully, in addition to serving as an informative medium, the newsletter will further Among Democrats Republicans Independents Other Totals draw the administration's attention to the strong student interest in the substantive, intellectual Mondale 121 34 41 5.5 201.5 elements in entertainment and sports law, and the need to introduce a sports law course into Glenn 31 35 30 3.5 99.5 the curriculum. 3. Who would you prefer for President in these match-ups? By David Heires

Among Democrat.. Rp.nnhlit'am: In"...... n" .. "t" n .. I ....· T ...... olc- Among Democrats Republicans Independents Other Totals Reagan 36 77 34 6 153 Mondale 106 7 29 4 146 DNV* 23 7 19 2 51

Among Democrats Republicans Independents Other Totals Reagan 29 66 31 5 131 Glenn 79 9 27 2 117 DNV* 57 16 24 5 102 * - did not vote, undecided or improperly cast ballot.

By Robert Altman for the F.D.L.S.A.

STRESS CONTROL WORKSHOPS FOR LAW SCHOOL STUDENTS

The Counseling Center in Lowenstein is conducting ·workshops for law students on stress. The workshops will help stud~nts identify specific sources of stress and will teach techniques for controlling stress. The workshops are conducted in Lowenstein, room 503, on Mondays at 1 :30 p.m. and at 3:00 p.m. The workshops began on January 23 and will continue on January 30, February 6, 13 and 27. For more information on the workshops stop by the Counseling Center, room 503 in Lowenstein.

SIX PROFESSORS NAMED IN "WHO'S WHO IN AMERICAN LAW" n~D~DD IT ~il~)yilDD~ ll$®@ IB3ffi([J)£IIDWAYIT l\fITs> MYf ll@®~g£ Recently, the third edition of "Who's Who society." In addition, it is stated that "selec­ in American Law" was published and we ex­ tion of biographies for Who's Who in tend our congratulations to Professors American Law is determined by reference in­ (212) 541-8335 Calamari, Katsoris, Kessler, Marcus, Perillo terest. Such reference value is based on either and Teclaff for having attained this honor. of two factors: (1) incumbency in a defined Inclusion in this publication is "limited to position of responsibility or (2) attainment of those individuals who have demonstrated a signficant level of achievement." Without outstanding achievement in their own fields of question, these distinguished educators have endeavor and who have, thereby, contributed satisfied these requirements. significantly to the betterment of contemporary February 1984. TIlE ADVOCATE. Page 5 FLS EVENTS IN REVIEW T AX SHELTER CONTROVERSIES FORDHAM LAW WOMEN SEMINAR ACTIVE SPONSOR OF EVENTS By Mark S. Kosak tially reduced. It was noted that the escalating number of shelter controversies in the U.S. Tax On January 24-25, 1984. Fordllam Univer­ Court has caused judges to classify shelter cases FOR WOMEN IN THE LAW sity in conjunction with Harcourt Brace according to type and to use summary judgment Janonovlch, publishers of Legal Times and Law proceedings to more rapidly dispose of cases. & Business, sponsored a comprehensive The proposed amendments to Treasury Cirr­ Fordhmn Law Women sponsored the By M. B. Varela ,eminar at the New York Hiton designed to ex­ cular 230 and ABA Opinion 346 were used as following activities last semester: plore the IRS, Justice and SEC crackdown in a point of departure to illustr2.te the promoter's the tax shelter area. The Co-Chairman of the professional responsibility to issue represen­ A meeting for first year students held dur­ 1) amicus brief filed with the certiorari peti­ event were Former IRS Commissioner Mor­ tative offering statements. In addition, the new ing the first week in September at which Pro­ tion; and 2) the filling on the merits. The timer Caplin and Cono R. Namorato, both of IRS penalty program designed at stopping fessor Vairo spoke on "Combatting First Year Supreme Court used part of her brief in writing whom are members of the prestigious fraudulent shelters at the promoter's level was Hysteria, " the grant of certiorari. Ms. Avner also teaches Washington D.C. Law Firm Caplin & Drysdale reviewed. A final point of interest was a discus­ the business law course in the undergraduate Chartered. The two moderators lead such sion on the use of the Grand Jury after the Bag­ A panel on women in the law emphasizing coUege at Fordham Lincoln Center. distinguished panelists as Joel Gerber (Chief got & Sells case. "How to Balance a Career and Extra-Career Counsel, IRS), Gary G. Lynch (Assoc. Direc­ Students are particularly encouraged to take Life" which featured: tor Division of Enforcement, SEC), Han Ar­ advantage of this valuable seminar series. A A decision on the Hishon case, in which thar L. Nims ill (United States Tax Court) and special rate of $35.00 is available to all in­ a former associate is suing J(jng & Spanding Lynn Schafran of the National Judicial David Schmudde (Professor of Law, Fordham terested students. The next seminar will focus (a prominent Atlanta law firm) for sex Educational Program to Promote Equality for University) in a lively thought provoking debate on 1984 Flexible Compensation Plans and is discrimination by declining to make her part­ Women and Men in the Courts (NJEP); a pro­ as to the implication of recent changes ares. scheduled to take place on March 5-6, 1984 at ner, is expected in April. A copy of the amicus ject of the NOW Legal Defense Fund; Panelists concluded that legitimate tax the New York Hilton. For further details con­ brief is available on the library reserve shelf shelter opportunities have to date been subs tan- tact Law & Business, Inc. at (212) 888-2652. Laura Allen, a partner at Hughes, Hubbard section under "Fordham Law Women." & Reed, New York; BEING HEARD: A Voice Projection Workshop At its most recent meeting on January 27, The Honorable Felice K. Shea, New York 1984 the members of Fordham Law Women By Zachary Murdock Supreme Court; discussed funding for participation in the Fif­ "Would you please repeat that for the benefit of your fellow students?" teenth Annual Conference of "Women in the "Can't hear you, Professor!" Madeleine Stoller, head of the New York Law" to be held at the Bonaventure Hotel in "Who knows how to turn on the microphone?" Women's Bar Association; and Los Angeles in May. This is a national con­ Being soft spoken may be an asset in the normal world, but being inaudible in the courtroom Diane Abeloff of the New York State Com­ ference which offers three days of workshops certainly is not. Few of us give more than passing consideration to the importance of our voices mission on Med~cal Malpractice. on career counseling, personal workshops and as tools of our trade. Fewer recognize that our voices are not inalterable products of genetic social issues for women in the law. Anyone in­ happenstance, but are instruments which we can improve with proper use. The panel was held on Saturday morning. terested in participating who was not at the On Tuesday, February 21 at 5:00 p.m. in the Moot Court Room. a panel of students and October 15, at 10 a.m. About 50 men and meeting on January 27 should contact either faculty will conduct a workshop exploring techniques of voice projection. Emphasis will be placed women attended. Mary Durante or Jane Rushton. on being heard and understood, the threshould problems of oral communication. The workshop will include discussion and demonstration of various vocal techniques. especially "focus" and On November 11 Judith Avner of the The next general meeting of Fordham Law breathing exercises. All attending will be urged to participate. NOW Legal Defense Fund spoke on the Hishon Women will be held on February 10. All in­ Anyone with particular interest or expertise in this field who would like to join the panel case. Ms. A vner participated in the writing of terested parties are invited to attend. is encouraged to contact Zachary Murdock, '84, at C05-6100. no. 1422 or Dean Young

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nion picked its way through the carnage below By Hugh C. Hansen event, we find its underlying rationale singular­ fashions a test devived from patent law: avoiding most issues. The Justices in the ma­ The Supreme Court in January finally an­ ly unpersuasive." 659 F.2d at 970 (citation The staple article of commerce doctrine jority may have been as appalled as the nounced its decision in Sony Corp. ofAmerica omitted). must strike a balance between a District Court' at the practical implications of v. Universal City Studios, 52 U.S.L.W. 4090 The Court of Appeals reversed and copyright holder's legitimate demand for plaintiffs' suit, see 52 U.S.L.W. 4090, 4096 (U.S. Jan. 17, 1984). Betamaxhasbeenaround remanded for consideration of an appropriate effective--not merely symbolic-­ n.21 (U.S. Jan. 17, 1984). They chose, since 1976. It has gone through three courts and remedy. It recognized that alternatives to a protection of statutory monopoly, and the however, to reject the District Court's ap­ received much publicity. The Supreme Court straight injunction barring the sale of VTRs rights of others freely to engage in proach, and instead, creatively used the facts has now rendered its decision. Sony and the might be considered. It suggested a continuing substantially unrelated areas of com­ to fashion a holding that was narrow in doc­ home-taping public are relieved. Was the Court royalty, the equivalent of a compulsory license, merce. Accordingly, the sale of copying trinal scope but which will probably have the correct? What are the implications for copyright as possibly "an acceptable resolution." [d. at equipment, like the sale of other articles same broad practical result as the District in the future? It is not too early to make some 977. Adding salt to defendants' wounds, the of commerce, does not constitute con­ Court's opinion. judgments now. court instructed the District Court not to be tributory infringement if the product is Should copyright yield to the new UNDERLYING ISSUE "overly concerned" with harm to the defen­ widely used for legitimate, unobjec­ technology? The District Court broadly said dants because "[a] defendant has no right to ex­ tionable purposes. Indeed, it need Underlying the Betamax litigation is the yes. The Court of Appeals resoundingly said pect a return on investment from activities merely be capable of substantial basic conflict between new technology which no. The Supreme Court said at least sometimes. which violate the copyright laws." [d. noninfringing uses. permits inexpensive copying of whole works by Yet it is difficult to see when under the Supreme 52 U .S.L. W. at 4096 (emphasis added). This consumers and the copyright owner's right to Court's approach copyright would ever prevail. prevent unauthorized reproductions of its work. CERTIORARI GRANTED narrow test for contributory infringement would PROCEEDINGS BELOW Should ease of copying necessarily lead to the Sony petitioned for certiorari. At the same be very difficult to meet in any "new The plaintiffs, Universal City Studios and right to copy? As an absolute principle, one time, a number of bills were introduced in Con­ technology" copying case. As the dissent Walt Disney Productions ("Studios"), are pro­ would think not. Copyright after all developed gress to overturn the Ninth Circuit opinion or stated. "Ionly the most unimaginative manufac­ ducers of copyrighted works broadcast over the as a way to impose restrictions upon new conversely to impose royalties on the sale of turer would be unable to demonstrate that an public airwaves, including theatrical and made­ technology, the printing press, which permit­ VTRs and cassettes. It is difficult to understand image-duplicating product is 'capable of for-television movies. In 1976 the Studios ted relatively inexpensive copying and why the Court granted certiorari at this time. substantial noninfringing uses.' " [d. at 41 12 brought suit in the Central District of Califor­ dissemination of an author' s work. If it had denied certiorari, the litigation would (Blackmun, 1.. dissenting). Add the facts of Betamax and the question nia against Sony Corporation, the maker of the have proceeded to the relief hearing. After the Justice Stevens seemed to be concerned that becomes more difficult. The copiers are not Betamax VTR, its wholly-owned domestic hearing, the Court would again have had a a broader test would allow "the two nefarious tape pirates feeding off the movie and distributor, its advertising agency, four VTR chance to take the case. By then it would have respondents ... in effect, to declare VTRs con­ television industry, but individual members of retailers, and one "home-taper" who allegedly been able to see the effect the liability holding traband.·' /d. at 4096 n. 21 . He fashioned the the public taping in their own homes for their used a VTR to copy plaintiffs' programs off­ would produce. Moreover, by staying its hand liability test narrowly in order to avoid a remedy own use. They are using a technological innova­ the-air. congressional consideration would have pro­ which it is not clear that any court would re­ tion which for millions brings added pleasure This was the classic "test case." The ceeded. If Congress passed legislation, the case quire. Moreover, he 'is not assuaged by plain­ and greater access to information--the video Studios sued individually, not as a class would have undoubtedly gone away. In any tiffs' stateJl'ltnt that a continuing royalty pay­ (perhaps a mistake), named no other VTR tape recorder ("VTR"). Should this make a dif­ case congressional intent would be clear. In­ makers or distributors as defendants, sought mainly ment would be an acceptable remedy. He seems ference? It should. The question is how much stead the Court granted certiorari and stopped injunctive relief, and sought no relief against to take offense on behalf of the new technology of a difference. both processes in their tracks. the individual; home-taper. (He was in fact a that plaintiffs would be in a position to demand Authors' rights under statutory copyright The Court, faced with a choice, focused client of the Studios' law firm). Probably for even that. Without explicitly stating so, it seems have never been absolute. Once a work is the spotlight upon itself. It now controlled the reasons of public relations as well as practicali­ that ease of copying is leading to the right to released to the public or "published," the policy choice. If it affirmed the Ninth Circuit ty, the Studios made clear that, they sought no copy because of the "extraordinary" implica­ authors' interests are balanced against those of holding of liability, Congress would undoubted­ relief against the public-consumers who brought tions for technology of an opposite conclusion. users and the public in general. Protection is ly act rather than let the remedy issue proceed See [d. given, but it is limited in time and scope. This the VTRs, did the home-taping and were the on a case-by-case basis. It would very likely If Justice Stevens' test makes it hard for has been the approach of the first copyright act, alleged direct infringers. They only sought pass legislation similar to that in Europe im­ plaintiffs to prevail against the new technology, the English Statute of Anne enacted in 1710, relief against the corporate defendants who posing royalties on the sale of VTRs or casset­ his application makes it impossible. He finds the Patent and Copyright Clause in the Constitu­ allegedly caused, induced or materially con­ tes or both. If the Court reversed the Ninth Cir­ that time-shifting by home-use tapers is a tion, Art, I., Sec.8,cJ.8, and all of our copyright tributed to the direct infringements. Most im­ cuit, Congress would be unlikely to pass any substantial non infringing use both when it is statutes. Moreover, courts have imposed a portantly, they sought a broad injunction barr­ legislation. It would be difficult to get votes for "authorized" and when it is not. Time-shifting judicial rule of reason, the "fair use" doctrine, ing sale of the VTRs or, in the alternative, a an act requiring constituents to pay for that is the taping of a program for later viewing which even further balances the competing in­ modification of them so that they could not which the Supreme Court in a well-publicized without retaining it for repeated viewing. The terests on a case-by-case basis. record but only play back in the same manner opinion had already held is free. same tape can be used over and over in time­ Balancing, by its nature, is a policy as videodisc machines. - Why did the Court grant certiorari? What shifting because after viewing a new show is After three years of litigation and f1ve­ decision--the resolution of competing societal was at risk if the Court had waited until after taped over the previous one. interests. The balancing judgment should, week trial the District Court dismissed the com­ the relief hearing to take the case? The public AUTHORIZED TIME SHIFTING therefore, be made by Congress. In the 1976 plaint. It held: would undoubtedly wonder whether at some Copyright Act Congress made many detailed (1) Recording of entire works in the future date it would have to pay more for VTRs Justice Stevens notes that "many producers are balancing judgments. There is nothing in the home for private, noncommercial use is and casettes. Especially considering its willing to allow private time-shifting to con­ Act, however, specifically addressing the home­ not a violation of either the 1909 or 1976 caseload, this does not seem enough to justify tinue, at least for an experimental time use videotaping issue. Moreover, it is not clear Copyright Acts (implied exemption and taking the case. Ironically, right after the Ninth period." [d. at 4096 (emphasis added). He cites how Congress would have resolved the issue fair use); Circuit opinion sales of VTRs increased, as examples Mr. Rogers of Mr. Rogers had it specifically addressed it. Nevertheless, (2) even if private, noncommercial benefitting the defendants. Neighborhood, Public Television in general and normal construction of the Act would appear home-use taping was an infringement, On January 18, 1983, the Court head oral sports and religious programs. His theory is that to prohibit the practice as an unauthorized co­ the corporate defendants' activities argument. After reargument in the fall of 1983, plaintiffs have no right to stop a practice which pying of a protected work. There is no specific would not make them contributory it announced its judgment on January 17, 1984. is beneficial for these copyright owners. It is exemption, implied or otherwise, and it would infringers; a novel copyright liability theory. There are not be a "fair use" in the normal construction (3) the retail stores' recording of plain­ SUPREME COURT OPINION always those who benefit from free distribution of that doctrine. tiffs' works for demonstration purposes of their works. It is hard to see how this should A bare majority reversed the judgment of was fair use; affect the rights of other owners who want to In cases perceived by courts to be of signifi­ the Ninth Circuit. Justice Stevens wrote the Opi­ (4) even if all defendants were liable for enforce their rights. cant public importance, however, normal nion of the Court in which Chief Justice Burger copyright infringement, injunctive relief Justice Stevens states that doctrine applies statutory construction is not the norm. EsPecial­ and Justices Brennan, White and O'Connor would not be appropriate; and only to contributory infringement and not to ly when courts know that Congress has not joined. Justice Blackmun wrote a dissenting opi­ (5) none of the defendants were liable for direct infringement. In other words, only the specifically addressed the issue, the statutory nion in which Justices Marshall, Powell and the state law claims of unfair new technology will get the free ride. But this resolution may closely resemble the personal Rehnquist joined. The vote was interesting competition. does not help those who are threatened by it. If policy views of the court. Whatever the motiva­ because, as in Silkwood v. Kerr-McGee Corp. , the Court is serious about this doctrine, it means tion of the federal courts in Betamax, they us­ COURT OF APPEALS OPINION 52 U.S.L.W. 4043 (U.S. Jan. 11, 1984), it was The Court of Appeals for the Ninth Circuit that the New York Times may never sue for con­ ed three widely different rationales to reach uncharacteristic. How often does Justice Mar­ reversed four of the five conclusions of law of tributory infringement against technological in­ their results. The District Court opinion found shall dissent with Justice Rehnquist, especially the District Court. It affirmed only the holding novations that permit high-speed duplication as no merit in any of the plaintiffs' positions. It when Justice Brennan is in the majority? It may long as Pennysaver doesn't mind. It would have found an implied exemption for home-use that retail-store demonstration taping was fair also be that the initial vote was 5-4 the other been more appropriate to take into considera­ videotaping, held it was fair use, and, in any use. The court could barely conceal its contempt way. It appears from the construction and style for the opinion below. Its different approach tion Mr. Rogers' interests when fashioning case, even if defendants were liable, held plain­ of Justice Blackmun's dissenting opinion that to the issues was dramatic. The District Court relief. tiffs were not entitled to an injunction. This it was written as a majority opinion. This usual­ poorly reasoned opinion mangled copyright had relied heavily upon Williams & Wilkins Co. ly means that some Justice switched sides after UNAUTHORIZED TlME-SHlFfING v. United States, 487 F.2d 1345 (Ct. Cl. 1973), doctrine and gutted its protection. 480 F. Supp: the initial vote. 429 (C.D. Cal. 1979). The Court of Appeals aff'd by an equally divided court, 420 U.S. This is the second type of substantial noninfr­ 376 (1975), where the Court of Claims held that inging use. It is noninfringing because the Court found no merit in any of the defendants' or CO~UTORY~GEMENT District Court's positions. It adopted a massive photocopying by libraries for resear­ fmds that noncommercial time-shifting is fair construction of fair use that would exclude chers was fair use. The Court of Appeals, rather Justice Stevens' opinion does not address use. home-use taping from its scope in all situataion than relying upon Williams & Wilkins stated that the issue of home-taping generally. He focuses Fair use is a judge-made doctrine as a non-productive, intrinsic use of the "[the opinion] has been appropriately regard­ instead on whether the corporate defendants are developed as a safety valve designed to permit copyrighted work. 659 F. 2d 963, 971-72 (9th ed as the 'Dred Scott decision of copyright law,' liable for contributory infringement. Recogniz­ "courts to avoid rigid application of the Cir. 1981). The Supreme Court majority's opi- is clearly not binding in this circuit, and, in any ing that this area of copyright law is murky he copyright statute when on occasion it would sti- February 1984 • THE ADVOCATE. Page 7

fle the very creativity which that law is designed The House Report states that "Section 107 product in the same manner as if he bought it therefore, to the copyright owner in terms of to foster." Iowa State University Research is intended to restate the present judicial doc­ in a store or saw it on television. advertising revenue. Foundation, Inc. v. American Broadcasting trine of fair use, not to change, narrow, or The Court by its narrow analysis avoided Cos., 621 F.2d 57, 60 (2d Cir. 1980). Congress enlarge it in any way." H.R. Rep. No. Justice Stevens rejected the productive/in­ the broad balancing judgment Congress would codified the doctrine in the 1976 Copyright Act. 94-1476, 94th Cong., 2d Sess. 66 (1976). While trinsic test of the Ninth Circuit as too inflexi­ have been faced with in its considerations of Section 107 states: the codification has focused attention on the four ble. 52 U.S.L.W. at 4100 n.40. He focused in­ the various bills before it. If the concern is with "Notwithstanding the provisions of Sec­ listed factors, the Act does not preclude con­ stead on the fact that time-shifting is noncom­ the time-shifter, the balancing is fairly simple. tion 106, the fair use of a copyrighted sideration of others, nor does it give any mercial, the broadcast is free of charge, and What is the harm to the time-shifter of finding work ... for purposes such as criticism, guidance as to the relative weight to be given plaintiffs had failed to prove likelihood of harm the defendants contributorily liable? They comment, news reporting, teaching (in­ each, and each factor is set out only in general from the practice. He avoided the normal fair would have to pay a dollar or so more for the cluding multiple copies for classroom terms. Defendants, of course, appreciate this use rule that complete copying of a protected cassette which they can use over and over again. use), scholarship, or research, is not an flexibility. Copyright owners, on the other work is never fair use by creating a new excep­ They might also have to pay more for the VTR, infringement of copyright. In determin­ hand, see nothing wrong with a little rigidity tion when the copying is noncommercial. The perhaps as much as $25 .00 to $50.00. What is ing whether the use made of a work in in the application of infringement standards. fact that the copying is "noncommercial" has the harm to copyright owners from not finding any particular case is a fair use the fac­ They fear that the fair-use safety valve will be never before been a significant factor. The con­ the defendants liable. Not only the harm from tors to be considered shall include used to let the air out of copyright. cern has been whether the copying was com­ time-shifting discounted by the Court, but also " (I) the purpose and character of the The Court of Appeals had restored some mercial or for a non-profit educational use. all the other harm the Court did not have to ad­ use, including whether such use is of a rigidity in Betamax. It did not even need to Moreover, by claiming that the broadcast was dress under its approach. E.g. , that from commercial nature or is for non-p.rofit reach the four factors set out in Section 107 to "free," Justice Stevens missed the point. " Iibrarying" which reduces sales and rentals educational purposes; conclude that home-use video recording is not Broadcasts are not "free" in an economic of prerecorded cassettes. " (2) the nature of the copyrighted a fair use. The court relied upon a distinction sense. The viewer must endure commercials the Finally, the most disturbing aspect of work; between a "productive" use of the copyrighted time-shifter need not. He discounted this argu­ Betamax is that to save time-shifters a few " (3) the amount and substantiality of work by a second author or creator, and an "in­ ment by using the fact found below that a time­ dollars, Justice Stevens devised a contributory the portion used in relation to the trinsic" use of the work by the ultimate con­ shifter must fast forward through the commer­ infringement doctrine that will haunt copyright copyrighted work as a whole; and sumer. Fair use may be possible in the first in­ cial and guess when it is over. Not today . A owners of all kinds for years to come. Betamax "(4) the effect of the use upon the stance, but not in the second. Such intrinsic or time-shifter need only " advance search" is bad law and bad policy. potential market for or value of the " ordinary use" is, of course, the situation here through the commercial in seconds and can see copyrighted work." where the home viewer merely wants to use the when it is over. The time-shifter is of no benefit, E Pluribus Unum IN THE JESUIT TRADITION III By Rev. Edward G. Zogby S.J.

It is the intention of this short series of ar­ public argument - in which reasonable and tional thought (including also the Declaration France is that religion is seen as a private af­ ticles on John Courtney Murray's book We educated men can meet in civil conversation, of Independence and the Bill of Rights) is dif­ fair "a matter of personal devotion, quite ir­ Hold These Truths: Catholic Reflections on the agreeing to disagree. ferent from the Declaration of the Rights of relevant to public affairs ." Thus the Society, American Proposition to showcase how an im­ The cooperation that has developed out of Man in the France of 1789; and secondly, that and the State which gives it legal form, and the portant American Catholic theologian (a Jesuit) that hard work, from the Social Gospel of American Catholics can feel quite at home with government which is its organ of action "are sought to demonstrate the compatibility of Rauschenbusch of the 1920s to Vatican II in the American Constitution. (Anyone with a by definition agnostic or atheist." The Roman Catholicism with American democratic 1965, has prepared us not so much to exchange knowledge of Rome's suspicion towards statesman then appeals to no higher authority principle. In presenting his thoughts, one can pulpits (which is beginning to happen) but American political thought would easily recall "than the will of the people, in whom resides lose sight of the often deeply debated public towards a common faith in one another. We see what an uphill battle Murray had in the 1950s ultimate and total sovereignty (one must concerns which led Murray to write on the sub­ this in the willingness to meet civilly and for when he was writing so deeply on the issue of remember that in Jacobin tradition "the peo­ ject of the American Proposition, consensus , the benefit of the whole planet on the question Church and State, and how, even as recent as ple" means "the party"). This whole manner the public argument, freedom, civility and of the nature, consequences and corporate res­ the debate at Vatican II on religious freedom of thought is altogether alien to the authentic religious pluralism. These issues have never ponsibility in the matter of nuclear power and which fmally adopted language from our Con­ American tradition." been matters which could be easily resolved; nuclear arms, Furthermore, having built solidly stitution, Murray had to wait through three ses­ This distinction is crucial for understanding nor can we suppose that they are settled yet. on the constitutional base of consensus, sions before the document was approved.) For religious pluralism in the American mode - a But what Murray brought to the fore was the American experienced e pluribus unum in Murray the battle was with the conservative mode which provides that each separate tradi­ need to argue them on the level of principle and Selma, Alabama, Resurrection City in Church of Rome as well as the anti-Catholic tion may maintain its own distinctiveness not quarrel about them. He saw the need to Washington, the 500,000 protesting nuclear attitude in the United States. Hewas really pro­ without suffering from any atheistic antagonism remove the bindings which prejudice and ig­ arms in New York in 1982, and now in the viding an important bridge which earned him on the part of the state. Murray is certainly not norance can wrap around our minds, preven­ statement of the Catholic Bishops - " The a cover story in Time magazine and an appoint­ inventing the principle that we tire " a nation ting reason from having its proper scope in mat­ Challenge to Peace" in 1983. The openness ment at Yale. under God" ; he did not coin " In God we ters of religion and diverse traditions. with which this pastoral letter has been receiv­ trust." He cites many places in presidential " The point here is that Catholic par­ Just what the loss of consciousness of these ed by non-Catholic traditions affords a good speeches and in assertions of the Supreme ticipation in the American consensus has Issues can mean was demonstrated to me this glimpse of the history of the development of been full and free , unreserved and unem­ Court, such as an opinion in 1952 that said, weekend by a noisy and blustery conductor on human and humane corporate self-awareness barrassed, because the contents of this " We are a religious people whose institutions the Raritan Valley Line. I was pondering Mur­ within the various strands of religious pluralism consensus - the ethical and political prin­ presuppose a Supreme Being." His favorite ray 's book on the train, indolently smoking my in America. citation comes from a proclamation of Presi­ ciples drawn from the tradition of natural pipe in the sun-filled car when I became aware Murray, in the chapter ' 'E Pluribus Unum: law - approve themselves to the Catholic dent John Adams of March 6, 1799, in which that he was reading over my shoulder. Suddenly The American Consensus," is aware that ar­ intelligence and conscience. Where this he stated the first of all American first he snatched the book out of my hand, swept it riving at consensus is not the same as maintain­ principles: kind of language is talked, the Catholic up to his face and pronounced the title with such ing it. joins the conversation with complete " .... .it is also most reasonable in itself voice that it made it lose all its seriousness. I " Perhaps one day the noble many­ ease. It is his language. The ideas ex­ that men who are capable of social arts was in for it. I dreaded the invasion of my storeyed mansion of democracy will be pressed are native to his own universe and relaticns, who owe their im­ privacy, but even more the onslaught of ques­ dismantled, levelled to the dimensions of of discourse. Even the accent, being provements to the social state, and who tions and attitudes which would be forthcom­ a flat majoritarianism, which is no man­ American, suits his tongue. " derive their enjoyments from it, should, sion but a barn, perhaps even a toolshed ing. " I'm a Catholic myself," he announced, as a society, make acknowledgements of in which the weapons of tyranny may be and he pulled himself up full before sitting down It took the Church in Rome a long time to dependence and obligation to Him who forged. Perhaps there will one day be heavily next to me. He crossed his legs, cleared believe that; and it still is not entirely convinc­ hath endowed them with these capacities his throat and delivered his message: "I don't wide dissent even from the political prin­ ed. Part of the difficulty comes from the fact and elevated them in the scale of ex­ see why Catholics have anything to say about ciples which emerge from natural law, that the Roman tradition grew mainly in con­ istence by these distinctions .... " the American Proposition." (Pause) "What is as well as dissent from the constellation tinental Europe. What it had experienced from the American Proposition anyway?" So much of ideas that have historically undergird­ the French Revolution and its consequences was for the wide division between theory and ed these principles - the idea that govern­ the Jacobin laicist tradition which "proclaim­ practice! ment has a moral basis; that the univer­ ed the autonomous reason of man to be the first FOR EXTRA NOTICE: Murray never wrote for that conductor but sal moral law is the foundation of socie­ and sole principle of political organization." By he has made his world less hostile to his ty; that the legal order of society - that contrast, the American Proposition, which also is, the state - is subject to judgement by Catholicism. The man had no memory of the emerges from European thought, bases itself on ~ather Zogby will be available for consu]ta- . years of hardship and bitterness that had been a law that is not statistical but inherent "a truth that lies beyond politics; it imparts to ion Monday thru Friday, 9:00 am to 6:00 in the nature of man; that the eternal carefully dismantled by men Like Murray, politics a fundamental ' human meaning." In pm - other times by appointment - in Room Robert McAafee Brown, Will Herberg, the reason of God is the ultimate origin of what is truly the cornerstone of Murray's 224 Lowenstein. Niebuhrs and other American theologians - Pro­ all law; that this nation in all its aspects Catholic reflection on the American Proposi­ testants, Catholics, Jews, and secular - as a society, a state, an ordered and free tion, we read: "the first article of the American ILaw School Mass - every Wednesday at humanists. Their writings and lectures are an relationship between governors and political faith is that the political community, 12:30 pm in the University Chapel in exciting period in our American history, from governed - is under God. " as a form of free and ordered human life, looks Lowenstein. which a more human and humane stance emerg­ In this chapter Father Murray is allowing two to the sovereignty of God as to the first princi­ ed. They are witness to the strength of our own concepts to emerge: one is to show that the ple of its organization." Constitution to provide a safe context - the framing and development of American constitu- What results in the Jacobin tradition of Page 8 • THE ADVOCATE. February 1984 PERFORMING ARTS A LAW STUDENT LOOKS AT THE NEW YORK CITY BALLET By Eileen Pollock The New York City Ballet, across the street tional dances in balletic terms; and in view of ing in perfect, inverted points . The man's arms bodiced costumes, vague copies of Hayworth's from Fordham in the State Theater at Lincoln the wide variety of his ballets, as well as the are raised above and behind her legs, his arms gown, do not flatter. But on the most basic level Center, is in the midst of a winter season that degree of choreographic invention within each bent at right angles at the elbow, palms held of technique and purpose, Astaire's style . is displays the Company in all its versatility and ballet individually, one realizes how deep ran open. Wrapped together, silhouetted in black foreign to ballet, despite the admiration toward virtuosity. The ballets range from the fiercely the wellspring of Balanchine' s creativity. and white, they are a study in the outer edges him that many ballet dancers have expressed. modern "Episodes" to the classical and court­ But so much for generalizations. From of human grotesquery. Their pose could almost The essence of tap dancing, for which Fred ly "Rossini quartets." observations made during a number of different be a mocking comment on the usual man­ Astaire is famous, is the sound of shoes hitting With a style that is totally distinctive and performances during NYCB's current winter woman attitude in ballet, where the man is hid­ the floor. Tap dance is essentially earthbound; apart from that of any other ballet company, season, here are some cases on pointe: den behind the woman, supporting her almost whereas ballet is airborne, the steps never audi­ NYCB's dancers are characterized by high Late last fall, Peter Martins gave one of invisibly, while she creates a sculptural form ble. "I'm Old Fashioned" tries to apply the speed and sharp attack, by streamlined propor­ the final performances of his career in the in the air. And the palms-forward stance is strik­ lighter-than-air properties of ballet to a medium tions and long-legged extensions. The result is revival of Balanchine's "Jewels." "Jewels" ing in a dance form one of whose immutable which is made of heavier stuff. an overall impression of at once limitless energy consists of the three sections, entitled conventions is that the palms of the hand may Another new ballet which premiered last allied with great purity. "Emeralds," "Rubies" and "Diamonds," to never be seen. season, but in an entirely different mood, is the NYCB is known for its plotless ballets by the music of Faure, Stravinsky, and Tchaikov­ It was interesting to watch Valentina breathtakingly lovely "Rossini Quartets.; I the late George Balanchine, founder and chief sky, respectively. Each section has appropriate­ Kozlova in the fmal section of "Episodes." choreographed by Peter Martins. The music is inspiration of the Company. His ballets are ly gem-colored costumes and choreography that Originally with the Bolshoi Ballet, she and her of course Rossini, "Quartets" of the often danced in plain leotard and tights on a bare reflects the qualities of the music: floating husband Leonid Kozlov both joined the Com­ title refers to the four couples who inhabit the stage, to the jagged atonisms of Stravinsky and ephemerality in "Emeralds," a tough jazziness pany last year. As Miss Kozlova danced, she ballet. The pas de deuxes of the central couple other modern composers. But NYCB is equal­ in "Rubies," and crystalline purity in instantly stood out from the other dancers; not alternate with dances by three secondary ly at home in more traditional ballets like "Diamonds." Peter Martins partnered Merrill only because of her beauty, but because she couples who form different combinations. The "Raymonda Variations" and the "Emeralds" Ashley in "Diamonds," and, with just one solo sparkled from within, she had an individuality music, choreography, Sylvan glade setting and and "Diamonds" sections of "Jewels," ballets variation, he had far too little to do. But he was, and a presence that made you want to costumes are all in the classical late 18th cen­ with nineteenth century music and romantic as he has always been, the most attentive and watch her in particular. This is what so many tury style, reflecting and expressing perfectly costumes and attitudes. Yet these are as much considerate of partners, and he danced with con­ of the female dancers in NYCB lack, including that musical-cultural period. Yet strictly speak­ plotless ballets as those danced to Stravinsky summate artistry and elegance, yet with a the principals. They are all superbly talented, ing, this ballet is as plotless as "Episodes." But in practice clothes, in that they totally lack a modesty that was never so unseemly as to de­ of course, but nonetheless, there is a dissatis­ where "Episodes" appears to be a study in the story. A number of dances in the repertory app­ mand, "Look at me!" Peter Martins recently fying sameness about them, a sameness of iden­ extremities of modern ugliness, "Rossini ly popular or national style. Examples include assumed the role of Ballet Master in Chief of tical perfect technique and identical perfect ap­ Quartets" is dedicated to classical beauty and the Highland flings of "Union Jack," the the Company along with Jerome Robbins, and pearance. Only Suzanne FarreIland Patricia harmony. cowboy dances of' 'Western Symphony," and is in effect, George Balanchine's successor as McBride stand out as unique, and they both It is a carefully constructed ballet, the ballroom dancing in "I'm Old Fashioned" artistic director of NYCB. He also does a great joined the Company over twenty years ago. Can with each section a set piece. Aside and in "Vienna Waltzes." There are also a few deal of choreograph. But Martin's retirement one strike a balance in a company like NYCB from periodic pas de deuxes, the predominant full length story ballets in the repertory, such from dancing while still in his prime leaves a between a no-star policy and dancers who are number of dancers on stage is three, as that hardy perennial, "The Nutcracker," and void at NYCB that no remaining male dancer distinguishable from each other, between the either the three boys or three girls, and last year's productions of "Coppelia" and can fill. At the end of "Diamonds," the au­ uniformity needed for a fine corps de ballet and when all six are present, they are often arrang­ "Midsummer Night's Dream." There is no dience awarded Martins ovation after ovation, the individuality needed for a distinctive prin­ ed facing each other on a diagonal, three boys "Giselle" or "Sleeping Beauty," usually a tribute, not just to that one night, but to his cipal? One wonders where the next Suzanne on one side and three girls on the other. Their backbones of the traditional ballet repertory. performing, career with NYCB. He will be Farrell will come from in the next generation steps are characteristically executed, not in NYCB does do a version of Act II of Swan sorely missed on stage. of NYCB dancers. Has' NYCB perfected the unison, but in serial form, each dancer just after the other. "Rossini Quartets" is a painfully Lake, adapted by George Balanchine. Odette Balanchine's "Raymonda Variations" was cookie-cutter dancer? Shades of CoppeJia come beautiful work, fully realized, each moment a is danced with cool regality by Maria Calegari, also revived this season, in a version to life! too brief painting in the air. Although plotless, an interpretation that is tempermentally far completely different from American Ballet Jerome Robbins created an interesting and it is never emotionless. Peter Martins has writ­ from the theatricality of Natalia Makarova or Theatre's "Raymonda," which is a show­ unusual new work last season, "Glass Pieces." Cynthia Gregory in the role at American Ballet piece with a very large cast of dancers. Set to hypnotically rhythmic and repetitive con­ ten in his autobiography, Far From Denmark, that he dislikes emotional excess used by some Theatre. NYCB's Raymonda Variations" is on a temporary music by Philip Glass, it has a dancers to conceal poor dancing (pp. 129-30). The Balanchine "Swan Lake" is one strik­ smaller scale' it features a series of varia­ backdrop of graph paper squares, and opens Luckily, he does not eschew emotion entirely. ing example of the eervasive austerity manifest tions which highlight the talents of individual with the corps de ballet dispassionately walk­ In "Rossini Quartets, " the dancing supremely in NYCB, and austerity refle_cted not only in the solists. Patricia McBride, a veteran principal ing in from the right and left wing~ of the stage, flawless, yet it is filled with feeling. demeanor of the dancers. who hold back on dancer, was a joy to watch. If her technique is wearing assorted practice clothes. Suddenly a Suzanne Farrell and Adam Luders as the emotion and let the dancing speak for itself; in not as virtuosic as that of the younger dancers, couple in shiny unitards materializes amidst the central couple were deeply poignant. Luders is the choreography, epitomized by the stark her artistry and expressiveness are products of walkers, dances in and out among them, and a flexible and very secure dancer, and Suzanne diagonal line of corps girls who move in perfect the experience that comes only with a long continues dancing together as the corps Farrell is, as always, a Presence. She dances as angular unison in "Symphony in Three career. As she danced. darting through space, members cross each other on the stage and ex­ if ballet were a religIOn, and she, its high Movements" ; but even in the minimalist sets her arms whipped the air like the wings of a it the opposite side. "Glass Pieces," with Maria priestess, is going about her daily devotions, and costumes, which barely suggest time and bird. And it was endearingly human to see the Calegari and Bart Cook as the main couple, ex­ enrapt by its mysteries. place. rather than recreate them. little look of worry she gave as she ever-so­ erts an at times hypnotic fascination, due in no Jerome Robbins' "Piano Pieces," set to This is a company without stars and for the slowly unfolded one leg in developpe, until, small part to Philip Glass's innovative music. piano music by Tchaikovsky, is characterized most part, without spectacle. The choreography with limb held triumphantly, aloft, she relax­ The last section, titled "Akhnaten," has the by youthful exuberance. It opens and closes is the star, the dancers are at its service. But ed into a smile of happy relief. quality of a tribal rite, and combined with the nonetheless, it is the unique abilities and per­ "Episodes" by Balanchine, set to or­ continuous, repetitive melodic line, it is a with the corps de ballet in a Russian peasant dance, and in between, there are a series of sonalities of the dancers that breathe life into chestral music by Webern, is one of the most perpetual motion machine of dance. the choreography. abstract and distant of works. The score is total­ Last season saw the premier of another variations by principals of the Company. lb Anderson, with several star turns, is a It would be impossible to speak of NYCB ly unharmonic and difficult, and the dancing Jerome Robbins ballet, "I'm Old Fashioned." without mention of George Balanchine. His reflects the inhuman dimensions of the music. Utilizing series of classical pas de deuxes, it mischievous sprite who runs off with the show. In a pas de deux with Joseph Duell, Maria ballets form the majority of the repertory, the In Opus 10, for example, Wilhelmina Frankfurt provides a commentary on the dance style of technique of the dancers is based upon his and Mel Tomlinson dance a feline pas de deux . Fred Astaire. The dance opens with a black and Calegari proves once again that she possesses to some degree Miss Farrell's qualities of cool teaching, even the long, lean, almost gym­ This is a misstatement, for they do not so much white film clip from the 1940's movie, "You elegance and regal bearing. nastically flexible body type that has come in­ dance with each other, as entwine themselves Were Never Lovelier." Fred Astaire and Rita "In G Major," by Jerome Robbins, to to balletic fashion, is the type that the favored over, under and around each other. They end Hayworth are dancing in evening dress on a music by Ravel, opens in a joyous mood. The and selected for among female dancers. Balan­ with a famous image: The man stands facing romantic moonlit veranda in front of high corps is dressed in the colors of ice cream chine was a choreographic innovator; he is said the audience with the girl hanging upside down French doors leading to a ballroom. The scene flavors; they appear to be ice cream cones in to have done for twentieth century ballet what behind him, her legs in the air bent at right ends as they exit through the doors into the constant movement. In the adagio, Kyra Picasso did for art and Stravinsky for music. angles at the knee so that they appear to be shadowy room beyond. Then couples from the Nichols and Sean Lavery danced affectingly, Like Picasso, Balanchine was at home in many growing out of his head; her face and body are Company take their place, with variations on Miss Nicholas as always technically sure, and artistic styles. He choreographed for Broadway concealed, only her hands, wrapped around his the Astaire-Hayworth dance, but in balletic they both had a real feel for the sadness and musicals in the 1930's; he interpreted many na- waist, are visible, and her contorted legs, end- terms. It is an interesting idea. It also doesn't eloqence of the duet. work, for reasons which illuminate the dif­ Finally, Balanchine's "Western Sym­ ferences between Astaire's dancing and ballet. phony" has been revived, and this 1954 ballet Fred Astaire, like most things that are old is looking marvelous. With its Western setting enough, is back in fashion. But his fashion is and folk music, it is gloriously inventive and not classical baIlet's, nor even neoclassical's. full of comic creativity. The dancers are For one thing, there is no man among NYCB's cowboys and saloon girls, and as such it is male dancers who captures the wiry, wound­ reminiscent of Agnes de Mille's ballets in spring magic of Astaire. The dancer who comes "Oklahoma!" and parts of "Carousel," only closest is Bart Cook, who is himself too Balanchine is better. It's a wonder how he has idiosymcratic to be a purely classical dancer. crowded so many good dance ideas into one Nor do the women of the Company compare piece. Jock Soto is excellent, Lourdes Lopez to Rita Hayworth, which is not to denigrate kicks up her heels with high-stepping athletic them, because they are after all dancing on grace, and Bart Cook milks his comic part for foreign turf. Rita Hayworth is quintessential all it's worth. "Western Symphony" looks like . woman, flesh and blood, while they are great fun to dance; it certainly is to watch. Suzanne Farrell and Adam Luders in "Rossini Quartets." dreamlike wraiths and sylphs. Even the heart- February 1984· TIlE ADVOCATE. Page 9 BROADWAY " 'Night, Mother": CHILLINGLY EMPTY LIVES by Eileen Pollock

.. 'night, Mother" is not an entertainment. every possible irritant: we don't have to visit possible imminent suicide, the play tills familiar Note: Half-price tickets are readily available Its theme is a familiar one: the secret misery your brother anymore, we can get rid of the TV soil. Although skillfully realized and executed, from TKTS at 47th Street and Broadway. Also, in which people exist, unknown to those around set, let's rearrange the furniture! It is a tribute it is essentially "Ordinary People" in a lower though the discount is less, check the guard's them. In " 'night, Mother" this theine is realiz­ to Anne Pitoniak's performance as Thelma, as socioeconomic bracket. Further, it is unremit­ desk in the lobby for reduced price vouchers ed in extreme form. A woman casually an­ well as to the quality of the script, that Thelma tingly bleak to watch two women, stifled within redeemable at the box office. nounces to her mother that she is going to com­ grows into a more fully realized human being, a dead house without a hint of air from the out­ mit suicide that very night. But no, not at once. until what Jessie is doing strikes one, not as a side world, proceed to faly each other emo­ First, she must give her mothet a manicure, brave act of individual choice, but as a terrible tionally through the course of the evening. One clean out the refrigerator, put the slipcovers on form of revenge against a pathetic old woman. would perhaps prefer not to be admitted into the sofa, and carefully instruct mother whom Miss Pitoniak is never less than excellent, her such chillingly empty lives. to call after the single gunshot rings out. The characterization always firmly in place and ...... --..~ ...... ,...... ~ action of the play, if there can be said to be completely believable. ~ ...... ~ action, focuses, first, on the mother's obtuse, Whether Jessie's decision is justfied, and PAYING FOR THE PRIVILEGE So, when it all seems too much. And then then panic-stricken, attempts to dissuade her why she is in such extremity are the questions, (Continued from page 1) it seems much too expensive as well. daughter Jessie from taking her own life, of course, and in the course of the play, they be stepped up even further. Remember. You wanted this. And that means followed by an exposition of what has led Jessie are answered. Jessie's life has been an ac­ One item which could easily be overlook­ you'll make it, no matter what the cost. to this final decision. cumulation of both small and large futilities, ed is the increased cost of maintaining the By Carlo Rossi Jessie, played by Kathy Bates, is an ungain­ humiliations and losses. And the .closed, building itself. There will be twice as large a ly, carelessly dressed woman, whose exterior hothouse atomosphere of the two women's space to clean and to fill with heat and light. is a guidepost to her inner depression. Yet she mutual isolation is a natural breeding ground While the construction costs are corning from does not appear sad, so much as an utter for hidden anger and despair. direct contributions (90% of the currently ac­ SUMMER stranger to feeling. Her brisk efficiency, as she " 'night) Mother" is not a brieffor suicide, quired $7 million is from Fordham alurnnilae), goes about straightening the house one last time, Its apparent purpose is to examine what lies the operations costs will come out of tuition. LAW STUDY while her mother follows her, hang-dog beneath the surface of seemingly ordinary lives, Dean Feerick was not happy as we discuss­ in fashion, is a model of the attempt to impose behind apparently unbreachable self possession. ed the tuition increase. The plans for the addi­ outer order upon inner chaos. In the role of Clearly Miss Norman, who won a Pulitzer tional revenue are exciting and pleased him. He Dublin Jessie, Miss Bates is required to tread a thin Prize for" 'night, Mother," is a talent. She has was, however, "deeply concerned over the long London line between deadness of emotion and dearth a fine ear for dialogue and a quick wit. Her range difficulties of financing a law school of expression, a task at which she does not characters are homespun Kentuckians, and their education." He said that Fordham is actively Mexico City always succeed. Although she is very frequently speech is simple, but can rise to eloquence. involved in the efforts of the Association of compelling, and playwright Marsha Norman Although the dramatic situation could have easi­ American Law Schools to press for additional Oxford has given her some wonderful lines and ly deteriorated into sentiment, Miss Norman is government aid. Most of us are worried about Paris monologues, Miss Bates sometimes needed just never once bathetic. Feeling is not exploited; the short range difficulties. Like making it to a bit more power to make the dialogue ring true. it is twisted by force from the characters, as graduation. The Dean strongly suggested that Russia-Poland The mother, Thelma, is at first appearance if from an inner pressure that suddenly breaks those who are worried attend the workshops be­ a daffy, gabby old lady in a limp housedress through the boundaries of self control. ing conducted by James McGough, the Direc­ San Diego and white cableknit sweater. When she realizes If r have trouble nonetheless conjuring up tor of Financial Aid. This includes the class of Foreign Law Programs Univ. of San Diego School of Law Jessie is serious about suicide, she offers up in­ personal enthusiasm for "night, Mother," it is '84 students who face imminent payments due AlcalaPark, San Diego CA 92110 stant, incongruously optimistic solutions to because, despite the suspenseful device of a on obscenely huge debts.

THERE'S f1 LOT MOKE TO EffECTIVE f'~R YREYAK~TION Tt1~N O~TLlNES, LECT~RES ~ND YK~CTICE EX~M5. While BRC Offers you the finest law out­ Some bar applicants will work full tlln£' dlJling lines and .Iectures and the most comprehensiv~ bar J?feparation while others will not work at and sophisticated testing program available, all. we think there'is more to effective bar prepa­ The cumulative effect of these variables ration. makes each student truly unique. That is why Each individual approaches the bar exam BRGhas gone well beyond the traditional with special strengths and weaknesses. In ad: '~come-and·get-it" approach to bar reviewing diti.on to a wide disparity in substantive areas, by developing a wide range of features, speCial some students have less self-discipline than programs and options that allow our students others, some have.problems with writing essays to tailor the course to their personal needs. ' or answering multiple choice questions, some • DETAILED STUDY REGIMEN have trouble remembering all the testable de­ • CONTINUOUS EVALUATION tat!, dnd some have special time and 'travel • MARINO PROBLEM .MEGRATION . pressures that can impede full h~n preparation. • JOSEPHSON ISSUE GRAPHS • EXAMSMANSHIP CLINICS

I\lIarlOO-Josephson

71 BROADWAY. 17th FLOOR BRe NEW YORK. NY 10006 ENROLL NOW AND SAVE! Page 10 • THE ADVOCATE • February 1984 BOOK REVIEW

MEXICO THE DEATH PENALTY: A DEBATE • Mexico City - sponsored by the University of Houston Law Center. June 4 to July 6. Courses: Mexican Law I and II, U.S.-Mexican Relations, Immigration Law, International Banking. Cost: Ernest van den Haag & John P. Conrad, $415 for tuition; housing is approximately $20 to $25 pe.r day. Plenum Publishing Corp. , New York, 1983.

By Lois Aiello SCOTLAND • Edinburgh - sponsored by McGeorge School of Law. July I to July 22. Courses: introduc­ Those among us who were intrigued by the stressing, among other things (including the tion to International Business Transactions, Comparative Tort Law & Damages, Comparative lively debate on capital punishment last spring morality of the death penalty), the deterrent ef­ Induustrial Relations. Cost: $1 ,530 for 6 credits, $1,025 for 3 credits (cost includes housing, between Professors van den Haag and fect of capital punishment. Both men concede breakfast and a tour). Abrornovsky might be interested in reading The that there is no concrete statistical proof either Death Penalty: A Debate. Taking on a new op­ way, but Professor van den Haag appeals to the SWEDEN ponent (John P. Conrad), using a different readers: since death is the most feared penal­ • Uppsala University - sponsored by the University of Minnesota. May 17 to June 21 . Courses: medium (the first book which incorporates both ty, common sense dictates that it will be the Introduction to the Civil Law System, Access to Justice, Comparative Tax & Fiscal Policy. Cost: "pro" and " con " views ), Professor van den most deterrent one in preventing potential $550 for tuition; student housing available at approximately $130 for the period from May 15 Haag is as lively, persuasive and adamant in murderers from killing. Mr. Conrad on the to June 30. Limited to 25 U.S. students. hi s beliefs (pro-capital punishment) as those other hand asserts his belief that life in prison The University of Santa· Clara has summer programs in Oxford , England; Tokyo, Japan; who witnessed the live debate would expect. is as effective as the " hangman" and a more Hong Kong, China; Singapore; Strasbourg, France; and Geneva, Switzerland. The authors address the many disturbing humane course for the state to follow in deal­ The University of San Diego has summer programs in Paris, London, Mexico City, Russia, issues involved in deciding whether capital ing with murderers. Poland, Oxford and Dublin. punishment should be abolished. Constitutional Not surprisingly , the reader must come to questions, discrimination, justice, equality , the his own conclusion as to his personal feelings purposes of punishment - and tangential topics, on this difficult question . But after reading The c1e I am pursuing his method rather than his including drunken-driving, and the insanity CORRECTION Death Penalty: A Debate, a reader will be able message, which in reality are inseparable. By defense -- are all discussed . Correction from November 1983 Issue Page II to make a more informed decision -- and will seeing what he does with language, one can see Each participant proceeds with a unique be equipped with ample ammunition to defend Obviously r" am assuming that the Reader that his real passion centers on a deep convic­ style of persuasion. Professor van den Haag his stance. has a desire to learn from John Courtney Mur­ tion that the morality of law, as the law ray. Our battlefield (he frequently used martial undergirding our common experience, has to metaphors to which a whole enjoyable study be saved from mere technicism. He digs deep­ (Continued from page J) STUDY ABROAD could be devoted) is not the same as it was when ly in a highly polemical context (among Pro­ • Oxford - Queen's College of Oxford University - sponsored by the University ofOkiahorna­ he was forging his categories in the face of those testants, Catholics, Jews and secular humanists) July I to August 4 Courses: British Constitutional Law & Institutions, English Legal Process, Euro­ who were trying to show that the aim of with the insistence that we hold these truths and pean Community haw, Employment Discrimination, Contlkts, Local Government Law. Pro­ American Catholicism was to subject America that they exist. They are to be found in our cor­ gram meets ABA requirements. Cost: information not presently available. to the power of the Pope in Rome. In this arti- porate existence as a free society. • Exeter - University of Exeter - sponsored by Marshall - Wythe School of Law - July 8 to August 14. Courses: Common Market Law, International Law, Comparative Law, Engli sh & American Law Subjects. ABA accredited. Cost: information not oresentlv ava il ahle. FRANCE • Grenoble - sponsored by Tulane Law School. First period is from June 18 to July 5; Se­ cond Period is from July 9 to July 26. Courses for ftrSt period: Comparative Criminal Pro­ cedure, Comparative Freedom of Speech, International Aspects of Environmental Law, Introduc­ tion to French Law; for second period; Comparative Labor Law, Constitutional Law of Social ist Countries, Jurisdiction in Public International Law, U.S. Taxation of Foreign Corporations & Individuals. Cost: Tuition is $850 fo r 4 to 6 courses in two periods, $450 for 3 courses in one period. Housing at the University of Grenoble is described as reasonable. Apply by April 15 , 1984. • Caen - sponsored by the Thomas M. Cooley. June 25 to July 20. ABA approved. leamwhyPMB • Lyon -At the University Jean Moul in - sponsored by the University of Minnesota. June 18 to July 27. Courses: European Communities, International Economic Relations, US-EEC Antitrust Law, Comparative & International Labor Movements. Cost: $600 for tuition; $120 for housing for the fu ll period. Apply by March 15 , 1984 (only 25 U.S. students). is the Multistate

GREECE • Athens - sponsored by Temple University School of Law - June 20 to August 2. Courses: Testing Specialist! Comparative Public Law, Comparative Private Law, Comparative Criminal Justice. Cost: $590 for up to 6 credit hours. Apply by May 15, 1984. This year more than 5,000 graduating law students will choose PMBR to prepare them for their Multistate Bar Examination. • Thessaloniki - Rhodos - sponsored by Tulane Law School - June 4 to June 22 in Thessaloniki (first period); June 25 to July 13 in Rhodos (second period). Courses: First Period - Public Shouldn't you learn why? International Law, Law of European Communities, International Banking Law , International Business Transactions; second period - Foreign Trade, Policy & Taxation; Private International Law; Comparative Carri"age of Goods By Sea; Maritime Torts. Cost: $850 for up to 6 credits in both periods, $450 for one period; housing for 19 days in Thessaloniki is from $163 to $302 and for 19 days in Rhodos (plus two meals) is from $400 to $475 . Apply by May I , 1984 (limited to 40 U.S . students).

IRELAND • Trinity College in Dublin - sponsored by the University of San Francisco - June 24 to August 4 . Courses: Individual Rights & Liberties, Labor Law & Comparative Law Seminar, Evidence. Cost: information not presently available.

ISRAEL • Jerusalem - sponsored by Tulane Law School. July 16 to August 4. Courses: Arab-Israeli Contlict & Its Resolution, Comparative Law of Contracts, Governmental Liability, Israeli & American Employment Discrimination La,¥, Jewish Law. Cost: $450. Apply by May I , 1984 (limited to 50 students). • Tel Aviv - sponsored by Temple University School of Law - June 25 to August 7. Courses: Comparative Constitutional Law, Legal Aspects of the Middle East Conflict & Resolution, In­ troduction to Jewish & Muslim Law. ABA approved. Cost: $775 tuition for up to 6 credit hours plus a 3-day bus tour of Israel. Apply by May 15, 1984.

ITALY OFFERING SEMINARS IN: Georgia Minnesota New York Ten nessee • Rome sponsored by Temple University School of Law - June 14 to July 27. Courses: Com­ Alabama Connecticut Illinois MissiSSippi North Carolina Texas Arizona Delaware Kansas Missouri Ohio Virginia mon Law & Civil Law Traditions with Emphasis on the US and Italian Legal System, Interna­ Arkansas Dist.of Kentucky Nevada Oklahoma Wisconsin tional Commercial Law, Comparative Criminal Justice. ABA approved. Cost: $590 for up to California Columbia Maryland New Jersey Oregon Colorado Florida Massachusetts 6 credit hours . New Mexico Pennsylvania • Florence - sponsored by The Dickinson School of Law. June 9 to July 6. Courses: Com­ parative Law, Comparative Criminal Law, International Human Rights. Cost: Tuition is $600; housing costs are estimated at approximately $55 to $60 per week. Apply by March I. • Rome - sponsored by Loyola University of Chicago School of Law. May 30 to July 3. Courses: Comparative Family Law, Estates, Federal Income Tax, Machiavelli and The Law of Nations. Cost: unavailable at this time. February 1984 • THE ADVOCATE. Page 11 b CALENDAR

Wednesday, February 8 - ENVIRONMENTAL LAW COUNCIL presents two Friday, February 17 - (or 24 or March 2 date to be decided shortly, speakers (experts who have testified before Congressional Washington D.C. Off-Campus) Committees) on low-level radiation. REGIONAL CAREER OPPORTUNITY PROGRAM: REAL FBTATE LAW career opportunity seminar at 5:00 Meet with WDC area alumni who would like to assist p.m. students interested in breaking into this job market. Pro­ gram will include reception, general and specific panels, a luncheon and visits to offices of alumni. All interested students keep in touch with the Career Planning Center Thursday, February 9 - SPORTS CONFERENCE with John Madden, George for further details. Veras, Martin Blackman, Charles ,sullivan, Pope Auditorium - 7:30 p.m. PUBLIC INTEREST LEGAL CAREER SYMPOSIUM Monday, February 20 - W ASIDNGTON BIRTHDAY HOLIDAY (21 employers will interview students, hold panels on specific issues, meet with 1st, 2nd and 3rd year students to discuss opportunities - a joint program among law schools held at the NYU Law School.) Tuesday, February 21 - VOICE PROJECTION WORKSHOP at 5:00 p.m. in Moot Court Room. Friday, February 10 - PUBLIC INTEREST, LEGAL CAREER SYMPOSIUM continues all day NYU Law School.

Wednesday, February 22 - FRANCIS J. SORBAROU, General Counsel at Misericordia Hospital Medical Center "What it is like to Monday, February 13 - CONGRESSMAN TED WEISS "The War Powers be General Counsel to a hospital and opportunities in the Limitations Act, the Separation of Powers, and the Im­ health field." peachment of Ronald Reagan" presented by the Ford­ ham Democratic Law Students 4:30 p.m. Moot Court Room. 'CONGRESSMAN TED WEISS on "The War Powers Limitation Act, Separation of Powers & Impeachment of Thursday, February 23 - FILM: "AMERICA: FROM HITLER TO MX" - Ronald Reagan At 4:30 p.m. in the Moot Court Room. presented by the National Lawyers Guild at 4:00 p.m. in room 207.

Tuesday, February 14 - DAVID ROTTMAN "How to Find Your Niche in the Competitive Legal Job Market - Strategies for Successful Careering." 5:00 p.m. in the Moot Court Room. Monday, February 27- CONGRESSWOMAN GERALDINE FERRARO (Law '62) to speak about the ERA at 4:45 p.m. in the Moot Court Room. Wednesday, February 15 - CAREER LECTURE: Dr. Rosalyn Yalow, 1977 Nobel Laureate Prize Winner in Medicine - Pope Auditorium ... SPECIAL NOTE TO GRADUATING SENIORS .,. - 5:30 p.m. - day studell,ts graduating in 1984 must have 82 credits. - evening students graduating in 1984 must have 81 credits. LEGAL CROSSWORD PUZZLE

CONSTITUTIONAL LA W CROSSWORD ACROSS CLUES DOWN CLUES 1. Pies in the face might be these 1. Mel t By Robert Bienstock 4. Aquatic locomotion 2. Film holder or dance 8. Precognition 3. Naz i corps 11. Expression of disbelief 4. Popeye, e.g. 15. Thpy tried to makp a rpstrictive 5. Al umi num covenant over this casp 6. ____ Three LiVE'sQ 18. Eras 7. Apollo's mothE'r 21. W.W. II si te 8. Nuclear electric unit 22. Pedro'~ affirmative 9. Abi II ties 23. C'e~ical garment 10. Public relations (abr.) 25. "Deep Rock" justicp 11. Arch i tec t 30. au t of j ai' wit h ou t ba i I (abr.) 12. 5ado/massochist (abr.) 31. F.L.S. course of study 13. In this case, the inn had no 32. Confederate signature "soul- 33. One of Caesar's last words 14. Woody's son 2 I' 5 16 17 8 1'0 1'2 13 14 34. in it i 0 16. Thine §~t 35. Wrote for the majority in Baker 17. Bookkeeping item a ~ v. Carr 19. This case got them all steamed up g'5 16 17 39. Osmium 20. Hunk g m 40. Del iberately lost game 24. They almost inCited imminent 43. Legendary bird .e .9 20 23 lawless action over this case =22 124 45. Instrument for Lizzie Borden 26. Federalist author g g 46. An alternative form of sales tax 27. Possess 2s :26 27 28 29 49. Craze 28. Earth (prefix) 50. Anagram for Homo Sapiens 29. Suff i x 51. Unforeseeabl e Engl ish case 33. Emergency room (abr.) 33 54. Platoon sergeant 34. Odoriferous part of the anatomy m" 55. Bo Derek, perbaps 36. Cheer 35 i37 38 1a42 ' 56. American composer, 1874-1954 37. Salutation '4 '6 1'9 .40 14. 57. Roxy Music's QLove is the 38. Older negatives = 60. This justice's name told his tale 41. Learned judge • French pronoun 4' 45 47 49 63. 42. Corduroy feature 1 64. Trifle 44. Shrewd = 65. See 94 Across 47. Television (abr.) 50 '51 52 5' - 66. Copper 48. Wife (I at. ) 67. BTuefin or CharT ie 52. Rumanian coin • 69. This case needed proof beyond a 53. Lot 54 55 reasonable doubt 58. Arctic explorer = m = m = a 73. Chair maker 59. Mourn 56 57 58 ,59 60 61 62 74. Id est 61. Pierre's affirmative ~63 75. Rosie's staple 62. yttrium 76. Maine (abr .) 63. Suffix 64 65 67 68 77. This case stood up to 102 Across 65. Nurse (abr.) =1 82. Anno Domini 68. They tried to takE' affirmative m m 84. Albion (abr.) action over this case ITO 1" 86. Mantra m"9 1'2 m" 69. World bank (abr . ) 87. Appl ied intense hi>at 70. Humor I sts 88. Hebrew month 71. Cache 174 90. Printer's unit 72. As needed (abr.) Ita {PI m! m! ~ 92. Unyielding 76. Spiritual ist 78 79 80 81 182 83 94. With 65 Across, culpable mindset 78. Cut wood g 95. Hit the slopes 79. Rotating machine part I m m 96. Physical education 80. Layer 87 88 89 90 i 1114 g~ 1 1 1 1 19. 97. Khome n i ' 5 mil i eu 81. Wynn and 5ull ivan 98. Shore patrol (abr.) 83. Extend in width 9 m 95 96 100. Mars4pial teddy 85. Zeppe lin §}§ :92 1' 1 1 102. These taxpayers didn't have a 88. Teaspoon case to stand on 89. Amati's product t1' 198 i"" 100 110. Greek letter 91. Stingi ly g 112. French star 93. Jurisdiction OVE'r things m 113. Let in 98. Insect fiber ,,0' 104 ,'05 1'06 lOT ,'09 114. Pastoral poem 99. Air (prefix) m"02 115. This case put the Establ ishment 101. Actor Ray 114 to the testes) 103. Ear (prefix) 110 111 am ,"2 116. Negative 104. Former So. Afr. premier 105. Chapeau 15 m"" 116 106. Cutting tool 107. Scotch Tape mfr. g II 108. By way of 109. Mountain (abr.) 111. App I i ance approver Page 12 • TIlE ADVOCATE. February 1984

BAR/BRI offers the maximum • scheduling flexibility of any New York course. In Midtown Manhattan, only year, BAR/BRI has consistently offered two live a sessions (morning and evening) during the summer course. Afternoon videotape replays are available. In our larger locations outside Manhattan, we offer videotape instead of audiotape.

Locations already guaranteed videotape for Summer 1984 include: Albany, Bostor/Cambridge area . Buffalo, Hempstead, Ithaca, NYU /Cardozo area, Queens County, Syracuse, Washington D.C., and Westchester County.

BAR/BRI provides updates and class hypotheticals. These handouts save valuable study time and minimize the note taking necessary in a BAR / BRI lecture.

BAR/BRI offers a special CPLR • course taught by Prof. Irving Younger. This program is in addition to the regular CPLR lectures contained in the winter and summer courses. Far more than all other bar ) ( Q & A Clinic. An exclusive BAR/BRI review courses combined. • program offering Individualized answers to substantive questions. Students who are unable to ask questions directly of our lecturers may send their questions in writing to: Editorial Director, BAR/BRI Bar Review. A written response so because: will be returned. There is no additional charge for this program. BAR/BRI has had a consistently BAR/BRI professors are more than high pass percentage. At most major law • just" experts on substantive law. They BAR/BRI offers a special "Take 2 schools last year, students taking have accurately forecast many of the Bar Exams "TM program. This program BAR/BRI passed the New York Bar Exam questions appearing on past New York allows students to be admitted to the New on the first try with a percentage in the 90s and Multistate bar examinations. The York Bar and another Multistate Bar. or high 80s. faculty is composed of prominent lecturers on New York law, Multistate law and the New York Bar Examination. BAR/BRI offers written summaries of BAR/BRI offers a free transfer policy. The 1984 faculty will include: If a student signs up for New York, does • all the law tested on the New York Bar • Exam-both local law and Multistate not mark his or her books and elects to Prof. Richard Conviser, BAR/BRI Staff law. Students learn the substantive law take another state bar instead, all monies before going to class. Class time is spent Prof. David Epstein, U. of Texas Law paid will be transferred to the BAR / SRI focusing on New York Bar Examination Prof. Richard Harbus, Touro Law course in that state. problems, on hypotheticals and on·the Prof. John Jeffries, U. of Virginia Law substantive areas most likely to be tested Prof. Stanley Johanson, U. of Texas Law BAR/BRI offers the widest selection on the exam. Prof. John Moye, BAR/BRI Staff of course sHes and allows students to Prof. Alan Resnick, Hofstra Law • freely swHch locations. Anticipated BAR/BRI has an unparalleled testing Prof. Faust Rossi, Cornell Law course locations for 1984 include: • program-for both the Multistate and Prof. Robert Scott, U. of Virginia Law Albany Manhattan New York local portions. The testing Prof. Michael Spak, BAR/BRI Staff Ann Arbor (NYU/Cardozo area) will include hundreds of Multistate and Prof. Georgene Vairo, Fordham Law Boston New Haven New York local multiple-choice questions, Brooklyn Newark Prof. William Watkins, Albany Law Buffalo and local New York essays. Philadelphia Prof. Charles Whitebread, USC Law Cambridge Queens County Included are questions to be done at Prof. Irving Younger, Practicing Attorney Charlottesville Rochester home and questions done in class under Chicago Staten Island simulated bar exam conditions. Durham Suffolk County Selected Multistate questions will be Director: Stanley D. Chess, Esq. Fire Island Syracuse computer-graded, and selected essays will Associate Director: Steven R. Rubin, Esq. Hempstead Washington, D.C. be individually graded and critiqued by Ithaca Westchester County Editorial Director: Prof. Richard r Farrell Manhattan New York attorneys. Administrative Director: Robin Canetti (Midtown) Live location

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