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Hastings Law News Vol.21 No.1 UC Hastings College of the Law University of California, Hastings College of the Law UC Hastings Scholarship Repository Hastings Law News UC Hastings Archives and History 9-17-1987 Hastings Law News Vol.21 No.1 UC Hastings College of the Law Follow this and additional works at: http://repository.uchastings.edu/hln Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.21 No.1" (1987). Hastings Law News. Book 153. http://repository.uchastings.edu/hln/153 This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. FEATURES FORUM Newdeans Echo & Bunnymen cut Anti-Bork fanatics demon- memorable album. strate hypocrisy in action. take office see page 5. see page 9. ＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱ ＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱＱｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉｉＮｾ ｟ＢＢ＠ for year 1111111111111111111111111111111111111111 11111111111111111111111111111111111111111001 ___• Professors Mary Kay Kane and John Diamond have joined the adminis- tration as Acting Aca- demic Dean and Associate Academic Dean, respectively. As Acting Academic Dean for the 1987-88 year, Kane is primarily responsible for supervis- ing the College's academ- ic program, including Prunty allowed to resign faculty hiring and curric- ulum changes. According to Kane, up to four new Board fires Prunty, then rescinds acts faculty members may be hired in the coming Apparently acting rashly that Prunty could not offici- that Prunty might sue alleg- duced $15 million budget months. Since the Cali- and then regretting it, the ate at Commencement. ing libel and wrongful ter- and imposed a freeze on hir- fornia Legislature has Board of Directors this sum- Prunty, a tenured faculty mination. Margolin did not ing new personnel, paying required the Board of Di- mer first fired former Dean member, attended the cere- say whether the agreement overtime and buying capital rectors to reduce student Prunty and then rescinded mony and con ferred one with the Board precluded fu- equipment. Chief Financial enrollment in order to the firing and accepted diploma to a student who re- ture legal action. Officer Robert Kerley said improve Hastings' fiscal Prunty's resignation. quested the action as she ap- One faculty member who the budget included a short- outlook, the faculty to Last spring the Board proached the podium. requested anonymity said fall of about $700,000. student ratio will be fur- fired Prunty effective July 1, The Board fired Prunty af- that the Board was "rewrit- Kerley, who was hired for ther improved. Reduc- and then moved up the ter- ter alleging that he had mis- ing history." an indefinite time and sala- tions made this year mination date to late May so managed close to $250,000 Dean Daniel Lathrope ry last spring to guide Col- reduced first year sec- in funds in the Dean's Dis- said on July 26 that Prunty lege financial operations, tions from about 90 stu- cretionary Account The will remain on the faculty recommended that the Col- dents last year to roughly Board rescinded the firing at and will resume teaching in lege lobby the Legislature 70. its meeting on July 26 and the fall of 1988. for additional funds to help Kane also announced announced that it accepted At an August 10 meeting, make up the shortfall, which that the faculty approved his resignation "based upon the Board approved austeri- was partially caused by an an additional writing re- a comprehensive agreement ty measures designed to im- inaccurate estimate of the quirement effective with that was reached on terms prove the College's fiscal number of out-of-state stu- the Class of 1990. These acceptable to all." outlook. Hastings has been dents who would enroll and students will be required, Immediately, some ob- told to repay nearly $3 mil- pay higher tuition. in addition to all current servers noted that the Board lion used to buy real estate The Board also voted to requirements, to take a had bargained its way out of from a restricted scholar- raise rents at McAllister seminar which contains a a lawsuit. Prunty's lawyers, ship fund account and the tower 6% next year, saying "substantial writing re- sole practictioner Ephraim College budget has conse- that a larger increase may quirement." Margolin and Jeffrey W. quently been impaired (see be necessary next year_ The While Kane is perhaps Shopoff of Feldman, Wald- related story, this page). Tower was $67,000 in the best known for her co-au- man & Kline, hinted earlier The Board approved a re- continued on page 3 thorship of the definitive hornbook on civil procedure, during her recent West Block stalled again sabbatical she also Dean John Diamond wrote a comparative State audit requested by Art substances which may be re- piece on enforcing United called "The Lawyer as By Chris Palermo Agnos revealed that the leased into the atmosphere. States judgments abroad. Litigator in the 1980's." Editor-in-chief Board of Directors during 5 Laurel Hezghts Dmyon u. She also recently pub- Kane continues to teach Progress on developm nt the administration of former Regents of U.C., Daily Jour- lished a lecture at North- one Civil Procedure class. of the West Block propert es Dean Marvin Anderson had nal D.A.R. at 4245 (July 15, ern Kentucky University Diamond, as the new owned by Hastings stalkd used several million dollars 1987). Associate Academic again at a Board of Direc- in restricted scholarship Hastings lawyers fear Dean, is the principal li- tors meeting held July 24 funds to buy West Block real that the decision may re- aison between students due to a possibly adverse estate in the early 1970s. quire the College to prove and faculty. Diamond be- court of appeals ruling. The Board is struggling to that its development will lieves that "the experi- The Board met to consider find ways to repay the funds have no adverse environ- ence of going to law whether to submit the final and has considered selling mental effect on the sur- school involves being part Environmental Impact Re- off West Block property or rounding neighborhood at of a community, and I port (EIR) on the property to using rents from the new any time in the future. At- want to help develop that the state for approval, but building for payment. torneys for UCSF analyzed community." Diamond Don Patch, counsel to the In a July 10 ruling the the ruling similarly. encourages students to Board for the ErR, recom- California First District "It puts [us] in the diffi- stop by his office. mended delaying submission Court of Appeal rejected cult position of having to Diamond's last pub- until September 25. The UCSF Medical Center's final prove a negative without any lished work was on the College plans to build a six- report on plans for biomedi- basis for believing in the bei- modern definition of kid- story office building on the cal research in the Laurel ginning that there is any napping. Diamond is also property for mixed academic Heights neighborhood. The significant risk of harm," captain of the faculty and State use. court said that UCSF failed said Ethan Schulman, coun- softball and volleyball Further controversy to estimate the amounts of sel for UCSF. Dean Mary Kay Kane teams. - erupted last year when a carcinogens and other toxic continued on page 3 page 2 British barristers say juries should be dissolved The American system of years ago after 33 years of Roberts agreed with Den- substantially similar to that stay for one year taking trial by jury is responsible general practice, traced the ning's assessment and noted in America. Unanimous ver- courses for a fee. for disproportionately large history of the jury system in that juries have no guide- dicts are generally required, Prospective barristers then personal injury case verdicts England. Roberts noted that lines for placing a dollar val- although judges may re- join a senior barrister or pu- and should be abolished, ac- allowing juries to decide ue on various injuries, and quest a majority verdict af- pil master and complete a cording to a group of British mixed questions of law and therefore must guess and ter deliberations have lasted one-year apprenticeship. barristers who visited Has- fact as opposed to factual inevitably award out of sym- more than two hours. The candidate then be- tings last Thursday. questions only is a relatively pathy. In response, Eng- Press rights are curtailed comes a barrister proper, The visit of the English recent development, as are land's appellate courts have severely in England in order joining 5,000 colleagues lawyers, who handle trial the special and expert jur- developed a regularly updat- to preserve the defendant's throught England. The new matters exclusively and ies. ed guideline package that right to a fair trial. In civil lawyer must search for a leave general advisory prac- However, many bulwarks sets fixed amounts for differ- and criminal cases, publicity seat in chambers with other tice to colleagues known as of the jury system have been ent injuries. is restricted most tightly at barristers, usually in a large solicitors, was sponsored by eroded in a series of acts of Fair trial preferred to the early stages; however, city. In chambers, several the 1066 Foundation. The Parliament beginning early free press rape defendants have total barristers share library trip is part of a state tour this century. Today, jury Panelist Richard Wake- anonymity until conviction. space and a lease on their culminating in the Califor- trial has been nearly abol- man disagreed, however, Apprenticeship re- quarters.
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