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9-17-1987 Hastings Law News Vol.21 No.1 UC Hastings College of the Law

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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attended the cere- say whether the agreement overtime and buying capital rectors to reduce student Prunty and then rescinded mony and con ferred one with the Board precluded fu- equipment.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. Each attorney nia State Bar's annual ished in civil cases. In fact, claiming that the main prob- quired works independently, hiring meeting to be held soon in Roberts said, in 38 years of lem is not lack of under- Paul Reed, a junior bar- a clerk and maintaining sep- Los Angeles. practice he had participated standing by juries but rister, explained the British arate financial records. The panel consisted of in only one civil jury trial. inadequate presentation of process of legal education Unlike the American sys- Judge David Roberts, Des- According to Roberts, cases to them by lawyers. and apprenticeship. Mter tem in which attorneys usu- mond Fennel, Q.C. , and Paul Lord Denning nailed shut Wakeman also explained completing a university de- ally represent plaintiffs or Reed, all of the Midland and the jury's coffin in a 1964 England's retention of the gree, candidates study for a defendants exclusively, Brit- Oxford Circuit, who were opinion in which he wrote jury system by attributing it law degree and take the bar ish barristers may accept 'joined by Richard Wakeman that abolishing jury trial to conservatism and greater examination in London. either situation and even act whose practice is centered in would be "more acceptable public confidence in the jury Then they join one of the In- as state's prosecutors in Birmingham. Each dis- to the great majority of peo- system, directly controvert- ner Courts in London and criminal cases. - cussed a different aspect of ple." Plaintiffs' lawyers ing Denning. British trial practice. could justify keeping juries, Wakeman continued with Juries gradually abol- Denning said, only because an overview of the jury sys- PAD BRINGS WILLIE ished juries are more sympathetic tem in practice, including Judge Roberts, who was in personal injury cases choosing and challenging BROWN TO HASTINGS elevated to the bench five than judges. the panel, a process which is Phi Alpha Delta President to be able to provide this Steve Bolen announced this public service to the Has- week that his legal frater- tings Community. Speaker ASH Record nity will present Willie Brown is an extremely ar- Brown, Jr., Speaker of the tuculate and dynamic Councillors . approve grant to La Raza California State Assembly, speaker. We want to empha- for a talk to the Hastings size that the talk will be Dean Daniel Lathrope, and and whether Schned was community on September 24 open to all interested stu- Compiled by Chris General Counsel Max Jami- even interested in serving, in the Old Commons. Doors dents, faculty, and staff," Palermo son. According to the chart, the motion was tabled. will open at 5:00 p.m. and Bolen said. _ Editor-in-chief the Dean retains authority Vice President Irene Brown is scheduled to talk over the administrative ser- Bueno reported that the at 5:30. Meeting of August 31 vices, academic programs, ASH book sale had been rea- Brown, a native of Texas, The meeting was called to and public relations pro- sonable successful but that has represented San Fran- order at 5:48 p.m. and ad- grams of the College with many books were still avail- cisco in the State Assembly journed at 6:53 p.m. Attend- Kerley and Jamison acting able. Schned moved to hold since 1964. He has held the On the ance was not taken. as advisors. a supplementary sale of out- Office of Speaker, considered New business included in- Second-year representa- lines at the end of the se- the second most powerful Docket troduction of organizational tive Matt Davis discussed mester; the motion passed. political position in the charts and setting up proce- the status of ASH's efforts to Treasurer Leora Goren re- state, since 1980, longer Hastings Volunteer Asso- dures for selecting new class place a student on the na- ported that ASH has about than that of any other per- ciation would like to invite representatives. President tional search committee for $12,000 remaining from last son in California history. all students, faculty, and Ellen Schned presented an the new dean, which is year which was accrued Brown has been a major fig- staff to a first-time pro- organizational chart for chaired by Ralph Abascal from funds allocated to or- ure in national Democratic gram-a slide presentation ASH, which consists of ASH and consists of Board of Di- ganizations but which re- politics for over fifteen on how to enjoy life beyond executive officers and 10 rector member James Ma- mained unexpended, and years. Hastings. council members from each honey, 3 faculty members, from video-game proceeds. Brown received his B.A. Carolyn Caine will intro- class. These representatives and one student. Davis said Goren declared that she degree from San Francisco duce you to A Personal San are assigned to committees that Professor Thurman, will impose a line-item bud- State University in 1955. He Francisco. in one of three branches: in- who has worked closely on get veto scheme on organi- then moved downtown to Date-October 14, 1987 ternal ASH committees, stu- the issue of College gover- zations this year. Each Hastings, from which he Time-3:30 p.m.-free re- dent events committees, and nance, feels that the Board organization submitting a graduated in 1958. While at freshments; 4:00 p.m.-slide I faculty-student committees. will not object to inclusion of budget will have to break Hastings, Brown was an ac- presentation. Students serve as voting a student. To date, Davis the budget request down tive member of Phi Alpha Place-Louis B. Mayer Stu- members of educational pol- said, the committee has into identifiable subcatego- Delta. He serves as the per- dent Lounge. icy committees chaired by been inactive and a further ries bearing codes designat- manent president of the faculty and thereby actually update will come later. ed by ASH. The process Class of 1958. On the Doclu!t is a monthly make policy. Joy Warren moved to se- should speed processing of While Brown's office listing of noteworthy events, An organizational chart lect Ellen Schned as ASH budget requests later this would not disclose the sub- on and off campus. 7b place for the College was also dis- student representative. M- year. ject of his talk, Bolen said a notice, type or write the tributed , with authority ter extensive discussion Third-year representative that he is expected to dis- text, leaving one blank line from the Board of Directors about whether the selection Rudy Kraft moved to make cuss current events and is- between each text line, and proceeding through three should be open to the entire ASH representatives paid sues. place in the HLN box in the top managers, Chief Finan- school, whether ASH could positions, but the motion "All of the members of SIC Next deadline: October cial Officer Robert Kerley, afford to delay the selection, continued on page 6 PAD are excited and pleased 2. • page 3 Faculty meetings may remain closed, court rules students appealed arguing meetings requirement, the the Education code defining The court justified its nar- From the Student Press Law that the faculty was created court held that the legisla- "Regents" to mean "the row construction by reason- &port by formal action of the ture did not intend to sub- board of Regents of the Uni- ing that the legislature Board of Regents, that it ject Hastings faculty versity of California and its amended § 92030 of the Ed- Faculty meetings here are acts in an advisory capacity meetings to Bagley-Keene. standing and special com- ucation Code to specifically now closed to the public as to the Board and that the When Bagley-Keene was mittees or subcommittees subject the Board of Regents California's Bagley-Keene Board is a state body within originally enacted in 1967, ... appointed to advise and to the Act instead of amend- Open Meetings Act was nar- the meaning of the state lawmakers did not extend assist . .. in contract nego- ing Bagley-Keene to include rowly construed in a May open meetings act. the Act to Board of Regents tiations." the Board of Regents in the appellate decision. The Bagley-Keene Act re- meetings. According to the court's definition or "state body." The action arose in 1984 quires that all state body However, in 1982, § 92030 legislative analysis, it con- Had the Board been de- when three students sought meetings be open to the pub- of the Education Code was cluded that § 92030 man- fined as a "state body," then to prevent the faculty from lic unless the entity is spe- amended to place the Board dates that only the Board of Hastings and its faculty meeting in private to dis- cifically excepted by law or specifically within Bagley- Regents and not faculty would probably have fallen cuss matters of educational covered by a conflicting stat- Keene's scope. The legisla- meetings would be subject to within the provisions of Bag- policy, approval of expendi- ute. "State body includes ture also added § 92020 to the Bagley-Keene Act. ley-Keene. _ tures from appropriations, any board, commission, com- endowments and gifts. The mittee or similar multi- students believed that be- member body which exercis- cause the faculty was found- es any authority delegated West Block developlnerlt ed and delegated authority to it by the state body," the by the University of Califor- Act reads. continued from page 1 the construction. other matter, only to learn nia Board of Regents, it is a Ultimately inferring that The Board of Directors ac- Other protestors have as- that no hearings would be state body subject to the only meetings of the Board cepted Patch's proposal and serted that the neighbor- conducted. Several area res- open meetings act. and certain committees set a further meeting on the hood is in desperate need of idents left disgruntled. Mter losing at trial, the would be subject to the open issue for 10 a.m. on Sept. 25. more low-cost housing and The open meeting will be that State funds should be Sources close to the Board held at the Board Room on directed towards this effort said that the closed-session THE WORKSHOP the third floor of the 200 first. Responding to an erro- matter concerned final ne- Word Processing building. neous meeting announce- gotiations with attorneys for LEGAL - Briefs, Contracts, In recent months commu- ment prepared by General Dean Prunty. Loud excla- Resumes, Term papers, etc. nity opposition to the West Counsel Max Jamison, sev- mations could be heard 1.90/page - 1255 Post Street Block development has in- eral representatives of Ten- clearly through the closed Board Room doors. Suite 503, Telephone : 673-4957 tensified. The EIR noted derloin housing-rights that traffic and noise prob- organizations appeared at Ironically, the Board lems in the area would prob- the July 24 meeting expect- lunched on meals prepared ably be increased by the ing further public hearings by Knight's Deli, an estab- project, but that the State on the EIR. They waited sev- lishment in the West Block would gain much-needed of- eral hours while the Board area affected by the pro- Resumes fice space by consenting to met in closed session on an- posed development. - Legal Briefs Letters Arguments .... ! Board Macintosh continued from page 1 red at the close of fiscal Laserprinting from 1986, Kerley said. your disk..... Kerley said that Hastings' investment portfolio needed rent our Mac by the hour reworking and suggested for self service that the University of Cali- fornia might better be able to manage Hastings' assets. or Currently, the College manages financial matters independently of the UC Board of Regents, although we'll print from your disk for you .. some critics have charged that the two should be merged and the Hastings and Board of Directors dissolved. Hastings is the only state collegiate insitution with its 5¢ COPIES own governing board. Hastings General Counsel THE CARBON ALTERNATIVE Max Jamison said that the new fiscal control measures Copy Center were an attempt to prevent 276 Golden Gate / Hyde a recurrence of past misap- propriations. Financial offi- cer Robert Kerley said that 928-4191 Hastings' accounting ledg- ers were disorganized and Monday - Friday 8:30 - 5:30 that a nearly complete re- Saturday 10 - 4 construction of several ac- counts would be required. - page 4 Features Alumna writes murder mystery set at law school

"It \Vas a dark and storlllY night at Hastings • • • " not get issues of the review even risks death herself as itor in chief of that volume). or student who doesn't care By Prof. David Levine out on time. she tries to follow the leads. for how he or she is depicted. Have you got time on your Willa, who has become As a murder mystery for Trying to figure out who See generally Bindrim v. hands? If Civil Procedure, Editor-in-Chief after one of general readers, this one the author used as models Mitchell, 92 Cal. App. 3d 61, Evidence or Remedies aren't the deaths, is determined to rates a B. Although some of for her characters is fun- 155 Cal. Rptr. 29 (1979) (li- enough to keep you busy, find out who is killing off her the characters are depicted consider the dean who is bel suit brought successfully here's a suggestion: read Lia staff. Is it an ambitious well, the book is not written more worried about the by model for a character in Matera's new murder mys- third-year student who will in the gripping style of the school's image than catching a novel). tery, Where Lawyers Fear to stop at nothing, including best murder mystery writ- the murderer, the wom:miz- Tread (Bantam Books, 1987, murder, to improve his re- ers. However, it will be en- ing male professor, and the All in all, this will be a $2.95). Ms. Matera's story sume so he can land that tertaining for those in a law tough-as-nails female pro- fun read. If Where Lawyers revolves around Willa Jans- great job on Wall Street? Is school community because fessor. Since Matera was at Fear to Tread isn't enough to son, a third year student at it Professor Haas, who Matera does a good job cap- Hastings long ago, the ac- meet your appetite for vicar- a fictional law school that might be desperate enough turing the flavor of a law tual students she wrote ious violence, perhaps there happens to be located at San to kill to get his article pub- student's everyday life. And, about are gone; still, it is re- will be more fictional mur- Francisco's Civic Center. lished? Is it Jane Day, an al- it is a must-read for the markable that the same stu- ders set at Hastings. The Willa is a senior editor of the umna of the school who Hastings community be- dent types are still around. I cover of the paperback says school's law review, which is wants to run for public of- cause it is obviously set at won't spoil your pleasure by that this is "A Willa Jansson suffering a small production fice, and who needs to keep 198 McAllister Street. Ma- telling you who I think she Mystery," suggesting that problem-someone keeps something in her past life a tera even dedicates the book was writing about. Besides, there will be more to come murdering the editors. This secret from the public? At to her fellow editors of vol- I don't want to be Matera's from Matera's pen that will causes panic on the staff be- this law school, there are ume 8 of the Constitutional co-defendant in any libel be of interest to anyone with cause, inter alia, they might plenty of suspects. Willa Law Quarterly (She was ed- suit brought by a professor a connection to Hastings. - Rourke earns last rites in "A Prayer for the Dying" ends, predictably, with his trite bit of business into a death and final confession. breathtaking visual meta- By Chris Palermo Unfortunately, the film- Editor-in-chief phor. True, the Fallon char- makers throw a lot of jagged acter has a sense of humor stones along this twisted and Rourke plays some light Never has a film tried so path. Fallon falls somewhat moments well-Fallon's pen- sincerely to pass off so many awkwardly in love with chant for smoking cigarettes cliches on a willing audi- DaCosta's blind niece, Anna at times of extreme stress ence. That statement sums (Sammi Davis). Their scenes becomes a running gag. But up all the reasons to see and together are clumsy and we'd enjoy the film so much avoid "A Prayer for the broadly drawn; Davis is par- more if, for example, Fallon Dying," the new R-rated ticularly guilty of acting didn't do the inevitable after thriller starring Mickey with big moves--she wants making love to Anna-light Rourke. to make sure we know that up a smoke ... Set in war-torn Northern Anna's blind. Sadly, she It's too bad he did, be- Ireland and on the seamy makes us laugh. cause this is a film one real- side of London, the film fol- The IRA rogues traihng ly wants to like. The IRA is lows a jaded, passionless Fallon, called Liam (Liam a fringe group whose interi- Irish Republican Army Neeson) and Siobhan (Alison or workings are known and guerilla, Martin Fallon Doody), are also painfully understood intimately by (Rourke), as he struggles to loud in their portrayals. The very few, and Rourke is a escape his comrades. script is at fault, too, for we fine actor with a relatively Martin Fallon (Mickey Rourke) contemplates his next move Formerly a skilled assas- never get a chance to under- solid track record. Appar- sin, he's dogged through the stand their relationship to escape pursuers in the new thriller "A Prayer for the ently, he's simply been mak- Dying." streets of London by IRA with Fallon, or why it's so ing too many films in the members determined to important that he keep from last two years (9 112 Weeks, Mike Garfath. Production gradually destroyed by his make him recant his defec- compromising the IRA-Ed- Angel Heart, Barfly) and Designer Evan Hercules tion or execute him. Mean- work, so is the spire. mund Ward and Martin quality is being sacrificed chose a marvelous setting Jack Higgins undoubtedly while, a sinister funeral Lynch, who adapted Jack for quantity. But when suc- for DaCosta's church, a wrote a sharp, fast-paced director/gangster named Higgins' novel, expect us to cess strikes and Hollywood creaky Gothic cathedral film noir novel to inspire Jack Meehan (Alan Bates) just know about the secret producers start calling, it's a with a decaying graveyard this film, but director Mike tries to hire Fallon as a hit rituals and sworn secrecy rare actor who can weed and a spire in the process of Hodges just doesn't pull it man for just one more kill- and comradeship that dis- through the fool's gold reconstruction. The incom- off. This is a brooding, de- ing. Eventually, Fallon con- tinguish underground among the scripts and find plete spire becomes a useful pressing, somber movie of sents, only to have the groups. Well, these ties can't the diamonds in the rough. metaphor as we realize, little comfort to any law stu- murder witnessed by a local be described-they have to Fortunately, this is a when the film progresses, dent seeking respite from priest, Fr. Da Costa (Bob be felt and shown. beautifully photographed that Fallon will never ask the somnolent silence of the Hoskins). We then follow And even a skilled, expe- work, with many intriguing God for to forgive his sins. library or confirmation from Fallon's futile attempts to rienced and likable actor camera angles set up by an Likewise, the tower remains escape this triangle which the divine that exams can, such as Rourke can't turn a unknown cinematographer, unbuilt, and as Fallon is indeed, be passed. _ page 5 Bunnymen hold steady with new LP

Over the last four years, Pete De Freitas pumping . By Dino Velez, however, the inability of the out a relentless rhythm, and Features Editor group to punch out a pop hit Will Sergeant flying low on forced them to repackage guitar. "New Direction" cur- The latest release by Echo their earlier tunes on the rently receives good club and & the Bunnymen brings compilation, Songs to Sing radio exposure, but isn't some good news and some and Learn, in order to keep quite strong enough to sup- bad news. The good news is up sagging sales. plant ''The Cutter" as the that the album is so good Now, in the ripple of inter- band's most memorable that it doesn't have a single est created by re-release of tune. clinker on it. The bad news, their best work, they have however, is that. the effects of produced a new, self-entitled The balance of the album the Bunnymen's evolution album, Echo & the Bunny- pleasantly lays down solid away from their dark, edgy men. The sales strength of songs with subtle hooks. earlier work will merely al- the LP proves the solid ap- Overall, it's better than the low them to maintain their peal of the melodic vocals Psychedelic Furs' Talk, place among a group of mod- and well crafted keyboard Talk, Talk, but the best erately popular, but critical- textures. songs on the LP don't stand ly unacclaimed groups. Echo & the Bunnymen out from the bulk of the ma- On their 1980 debut, Croc- benefits from the addition of terial like The Cure's Kiss odiles, the group searched former Door, Ray Manzarek. Me, Kiss Me, Kiss Me. for a comfortable style, and His keyboard meanderings Although one likes to see the diversity of their experi- help fill out the rumbling a band that's been together mentation was clearly audi- anthem, "Bedbugs and Bal- so long have some success, ble. Even after the follow-up lyhoo" and ride on the storm Echo and the Bunnymen LP, Heaven Up Here , their of a driving, biting "All in need to trust themselves rich mixture of ringing gui- Your Mind." more, and play less tenta- tars and rough, garage-like Singer Ian McCulloch tively. Hopefully, they'll do production defied categori- stands out on the hypnotic just that when they headline zation. "Bombers Bay" with soo- with New Order and Gene Works of Traynor on In 1983, the Bunnymen thing, cloudy vocals, and on Loves Jezebel at the Greek broke though with a club "Lips Like Sugar" by exhib- Theater in Berkeley on Sep- hit, "The Cutter." The iting his sharp edged vocal tember 18th and 19th. (If VIew at Library danceability of the single, range. you like the show, look for ings from his home. along with its ｾｬｩｳｨ･､＠ pro- McCulloch snarls a bit on the concert tour album from By Chris Palermo In one corner Traynor's duction ｰｯｩｳ･､ｾ･ｭ＠ on the the single release, "New Di- all three groups. It's avail- Editor-in-chief writing desk sits, and on it brink of mainstream popu- rection", with bassist Les able in limited distribution is a draft of the last paper larity. Pattinson and drummer and sells for about $25). - Papers, opinions, and per- he completed before hiS sonal memorabilia belong- death in 1983. Next to the ing to the la te Roger desk is an easy chair and a Traynor, former Chief Jus- small table, on which rests Barbara Black, noted historian, tice of the California Su- Traynor's reading glasses, preme Court, are now as if he had just stepped out available for use by re- of the room. to deliver Tobriner Lecture searchers in a special ar- Traynor lived a long and Barbara Aronstein Black, She is also a member of the her three children. In 1965 chives room at the Hastings scholarly life; a display sum- Dean of Columbia Law Selden Society and the Law she entered the doctoral pro- Library. marizing his greatest School and noted legal his- and Society Association. gram in history at Yale, The fifth-floor memorial achievements in on exhibi- torian, will deliver this The lecture is given in where she was later to be- room was established in tion on the fourth floor of the year's Justice Mathew O. To- honor of the memory of labor come Assistant Professor of space set aside by former Library near the circulation briner memorial lecture on law specialist and Justice of History and then Associate Dean Marvin Anderson us- desk. October 5 at 4 p.m. the California Supreme Professor of Law. She joined ing contributions from Tray- The staff of the Library Dean Black will discuss Court Mathew O. Tobriner. the Columbia Law faculty as nor's friends and family. hopes that the room will in- "Reflections on Judicial In- The family and friends of George Welwoo.d Murray Traynor originally offered crease interest in reading dependence in a Bicentenni- the late Justice established Professor of Legal History in his papers to U.C. Berke- and writing not only about al Year." The lecture is open the lectureship at Hastings 1984. ley's Bancroft Library, which legal problems, but about to the public and is free of in 1982. expressed no interest in law-related issues that var- charge, although seating is Dean Black was named to Dean Black is a popular them; Traynor subsequently iously affect our lives and limited. her current position at Co- teacher, known among Co- willed the collection to Has- the future of our country. Dean Black's primary lumbia in 1986, some thirty lumbia ｳｴｵ､･ｮｴｾ＠ for her in- tings. Perceptive teachers in area of scholarly interest is years after she received her tellectual force, her wit, and An open-house to intro- Park City, Utah, then a re- Amercan colonial law. She law degree from the same her warmth. "Here is some- duce students to the collec- mote mining town in the serves on several groups in- school. one who is both brilliant and tion will be held October 1 Wasatch Mountains, recog- volved with the celebration Dean Black was born in who will hug you in the hall- through 15; curator Dorothy nized early the gifts of this of the bicentennial of the New York City in 1933. She way," one student said on Collins will be available for first-generatIOn American. U.S. Constitution, including received her B.A. from Black's appointment as tours of the collection daily With their encouragement the National Advisory Com- Brooklyn College in 1953 Dean. from 9 a.m.-12 p.m. and 2-4 he enrolled at UC Berkeley mittee of "We the People and her LL.B. in 1955 from p.m. in 1919, bolstered by the 200" and Special Committee Columbia, where she was an Her current writing proj- Included in the archives Willard D. Thompson schol- on the Bicentennial of the editor of the Columbia Law eets include a constitutional are a complete set of the arship for students from Constitution of the Ameri- Review. history of Massachusetts in original printings of all of Utah. Four years later, de- can Association of Law Her route to the deanship the seventeenth century, an Traynor's 1,000 Supreme spite a crippling illness that Schools. She is president of of one of America's elite law edition of the judicial pro- Court opinions, books from compelled him to walk with the American Society of Le- schools has been, in her ceedings of the Massachu- Traynor's personal library, crutches for a year, he re- gal History and a member of word, "circuitous," for in setts General Court from scrapbooks, clippings, pho- ceived a BA. with a virtual- the editorial board of the 1956 she left academia for 1634 to 1686, and a book on tographs, robes and degree ly straight A record. Law and History Review. nine years to bear and raise contract theory. _ hoods, awards, and furnish- continued on page 15 page 6 ASH Record continued from page 2 erning student organiza- bers of officers, and the fi- to Council members. sponsored by ASH was cir- died for lack of a second. tions adopted by the Board nancial disclosure Schned proposed provid- culated last week by stu- Director of Arts & Recre- of Directors. Section 34 al- statement. ing food at meetings to quiet dents calling for Spodato's ation Frank Watson report- lows the College to audit ASH Treasurer Leora the fidgeting of Council reinstatement. Schned ta- ed that he is organizing fall club financial records when Goren announced a new members. Motions to pro- bled the discussion pending athletic tournaments for vol- a club dissolves and leaves budget preparation proce- vide various amounts for conferral with Oppenheim leyball, basketball, and golf an outstanding debt, or dure for organizations. this cause failed. and General Counsel Max teams. Details were not giv- when a group's officers incur Groups must divide budget Vice President Irene Jamison en. Watson also said that he debts which they cannot pay. items into categories so that Bueno recruited members Sylvia Colon of La Raza will propose an ASH gift to Oppenheim's rules re- ASH representatives will be for the Committee on Com- requested $850 from ASH to second-year student Tim quire that organizations able to approve or veto bud- mittees which reviews appli- help pay for the 16 de Sep- Bennetti, who was seriously must file disclosure state- gets on a line-item basis. Or- cations and interviews tiembre celebration to be injured in a car accident ments at the beginning and ganization budgets are due candidates for Faculty-Stu- held this Friday, $200 more during the summer. end of each semester. Clubs to Goren on Sept. 21; ASH dent Committee positions. than La Raza requested last Kraft inquired about what must report the type of any decisions regarding budgets Applications are due on year. A motion by Goren to procedure is used for adding bank accounts maintained will be made between Sept. Sept. 18. award this amount passed. items to the agenda of future by the organization, account 26 and 28. Treasurer Leora Goren Director for Arts & Rec- meetings, but Schned post- beginning and ending bal- Ellen Schned took the po- announced that applications reation Frank Watson re- poned the discussion until ances, and any expenditures dium and encouraged to sit on the Finance Com- ported that golf and later. made by the organization. If groups to co-sponsor events mittee are being accepted; basketball tournaments are Organization Informa- signature cards are filed at in order to share resources, prospective members must scheduled for this fall. He tion Meeting of Septem- banks, the Office of Student and invited organizations to be willing to devote a week- also requested $350 from ber 1 Services requires filing a ASH meetings. She also end to processing applica- the ASH Operations Budget Irene Bueno convened the copy. urged clubs to use creativity tions for ASH funding. for new equipment purchas- meeting by providing gener- Apparently, the regula- in creating fund-raising Reporting on the status of es. Watson also presented a al information about the tions were created because events. the student member of the resolution to prevent dis- Student Information Faire some organizations spent Dean Search Committee crimination in ASH pro- to be held September 9 money last year in inappo- Meeting of September 8 was delayed until clarified gra mming which was which was open to all stu- priate ways. However, this The meeting was called to by the College. adopted, apparently to pre- dent organizations. issue was raised too close to order at 5:52 p.m. and ad- The Council established a vent women from being ex- Patsy Oppenheim then press time for the Law News journed at 7:41 p.m. Absen- First-Year Steering Commit- cluded from team football took the floor and an- to investigate. tees included L. Caplan, J. tee to coordinate multi-sec- play. nounced new financial re- Oppenheim also reminded Hernandez, G. Lee, S . tion events for first-years. porting procedures designed clubs that membership must Meieran, and S. St. Julian. Moving briskly into new to help the Office of Student be limited to full-time Has- Schned reviewed council business, Schned postponed (Complete minutes of all Services monitor transac- tings students and that or- procedural rules, which are discussion of the status of ASH meetings are available tions made by student orga- ganizations must file for based on Robert's Rules of ex-cafeteria worker John through ｴｨ･ｾｈ＠ office. Con- nizations. recognition by Sept. 21. The Order. Discussion was ta- Spodato who was fired re- tent of meetings reported in The rules were promul- filing procedure includes bled pending distribution of cently by Patsy Oppenheim, this column has been edited gated by Oppenheim under providing a copy of bylaws, the Rules, the ASH Consti- allegedly on account of his for space. This report is not Section 34 of the rules gov- names and telephone num- tution, and the ASH Bylaws appearance. A petition not prepared by ASH.-Ed.) _ Law News Alum to head San Diego Bar Association wins awards The Law News earned two Edward ''Ned'' B. Hun- City Attorney before start- family law for the State Bar, at the association's annual awards for excellence in law tington, a former Hastings ing his own practice. CEB, Rutter Group, Law- dinner on Friday, December school journalism at the senior class president, has Huntington is a member yer's Club, Barristers, 4. American Bar Association been elected president of the of the state and local tax Bridging the Gap and West- He resides in Kensington annual convention held in San Diego County Bar As- sections and family law ern State University of Law. with his wife Margie who is July. sociation for 1988. sections, as well as the San Huntington will be offi- attending law school at The awards, bestowed Huntington is a sole prac- Diego Trial Lawyer's Asso- cially installed as president USD, and his four children. each year by the Law Stu- titioner specializing in busi- ciation. He is also a member dent Division as part of a ness, tax and family law of the San Diego Board of o nationwide law school news- including all phases of liti- Realtors, SDAA, the Nation- paper contest, were for arti- gation. He received his bach- al Organization for Women, o cles covering the controversy elor's degree from San Diego Lawyers Club and Barris- o involving former Dean State University and an ters. Prunty. L.L.M. in taxation from the The Law News claimed a University of San Diego. He Huntington has been first-place certificate for was admitted to the State county chairman of the Cer- Best Editorial on Internal Bar of California in 1967 tified Family Law Special- Law School Affairs for the and has been an active ists program as well as March, 1987 staff editorial member since 1968. He had Family Law Editor of the about the Board of Direc- previously served a three San Diego Trial Lawyer's tors' actions. An Honorable year term on the Board of Magazine and Contributing Mention was also given for Directors and is currently Editor to Mathew Bender's the front-page news article one of five vice presidents. California Law Monthly. He on the same events. Both Huntington was a Deputy is also a frequent lecturer in stories were cowritten by then Editor-in-chief David Daniels and Managing Edi- tor Chris Palermo. Public Interest Clearinghouse The awards will be dis- 355 Golden Gate Ave., San francisco, CA 94102 (415) 565-4695 played in the Law News of- Correspondence: 200 McAllister SI., 94102 fices. Back issues containing the award-winning articles are available at the offices. _ us for lunchl Buffa lo \\ PROFESSOR RICHARD WYDICK (UC-Davis, Co-author of Problems in Legal Ethics; West Publishing) ON YOUR FACULTY IS PROFESSIONAL RESPONSIBILI't'V! Enroll in BAR / BRI now, Save $150 off your BAR / BRI Bar Review Course Price and receive FREE preparation for the Multistate Professional Responsibility Exam featuring:

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11801 West Olympic Boulevard #7 1407 First Avenue 332 Golden Gate Aven ue Los Angeles, California 90064 San Diego, California 92101 San Francisco, California 94102 (213) 477-2542 (619) 236-0623 (415) 441-5600 pageS Forum From the Bench Letters to the Editor Oppenheim's plan is Letters are accepted signature, name and tele- withheld upon request if from anyone but must be phone number. Frequent the circumstances war- misguided typed or legibly handwrit- or lengthy contributors rant such action. Letters ten with one blank line will be limited to ensure do not represent the opin- We were shocked when we learned that our Director ot separating each line of that a forum is available ion of the Law News, its Student Services, Patsy Oppenheim, had decided that stu- text. Letters should be to everyone. We cannot staff, or Hastings Col- dent organizations' financial records should now be audit- clearly marked as such print letters without sig- lege of the Law. ed. We were even more shocked to learn that this and must bear the writer's natures, but names will be monitoring would be applied to the Law News, and we took 11111111111111111111111111111111111111111111111111111111111 11111111111111111111111IIIIIIIIIIIIIIIIIIIUUU ______lmlllllllllllllllllllllllllllllllllll llllllllllllll1111111111111 immediate steps to prevent this potential compromising of the independence of the Law News. We were most upset, at first, to learn that Oppenheim had decided to usurp a function traditionally left to ASH. First-year curricululll The student council receives an assessment of $16 per stu- dent at the beginning of each year. That money is then dis- tributed to student clubs and groups based on budget needs an overhaul requests submitted to the ASH Treasurer and ruled on by a more, those who chose to terests could easily be committee consisting of students with varying viewpoints. By Theodore L. Laufer specialize would, assuming dropped from the current Rarely is an allocation made unwisely or excessively. Executive Editor a four-unit upper division course and covered in either Subsequently, student groups cannot spend their money course, actually learn more wills or estates and powers. with wild abandon. They must plan carefully, because even The thirty-unit first year Con Law than they do now. Finally, the legal writing with thousands of dollars to spend ASH must spread the curriculum, as each student Those who did not wish to program would be reduced cash thinly among many. All expenditures are made from a is painfully aware, consists specialize would not have to. from three to two units, one master checking account maintained and monitored by the of a year each of Contracts, per semester. The additional Treasurer. Civil Procedure and Torts; a As a result of the addition- unit in the fall is essentially With all these safekeeping mechanisms in place, one semester each of Criminal al course in the first year, a gap filler, and could be must legitimately wonder what the use of further adminis- Law and Property; and four units would have to be done away with without ma- trative monitoring is. Aside from the implicit rejection of three units of Legal Writing dropped. Criminal Law and jor harm to the LWR pro- the fiduciary care exercised by the Treasurer, Oppenheim's & Research. Constitutional Real Property should be re- gram. In addition, Hastings regulations pose serious First Amendment questions when Law is reserved for upper di- tained so as not to compro- has wisely adopted an up- applied to this and other organizations. vision study. It is the opin- mise the goal of breadth. per-division writing require- ion of this newspaper that Instead, Hastings should ment which is effective for Does Oppenheim now have the authority to audit BLSA, both students and faculty shave one of the year-long the Class of 1990 and be- should it invite a controversial speaker to campus? Can the would be better served if courses. The likely candi- yond. Hence students will College now demand an explanation for the activities of the Constitutional Law were date is Torts because Torts not want for lack of the third National Lawyers Guild chapter here? And can the Board taught as a first-year course. is the most easily severable LWR unit. of Directors call the Editor of the Law News, the Alterna- An early grounding in year-long class. For example, The curriculum would tive Law Journal, or other student publications into cham- fundamental Constitutional it is not necessary to study therefore consist of a year bers and sit as final arbiter over what content is principles is essential. In intentional torts before each of Civil Procedure and appropriate and what speech should not be funded? Clear- Civil Procedure, for exam- reading products liability or Contracts, four units each of ly, no matter who is Chief Justice the First Amendment ple, Constitutional doctrine defamation. On the other Criminal Law, Property, would say no, but Oppenheim would say yes. underpins several key con- hand, Contracts and Civil Constitutional Law and We find this situation. intolerable, at least as applied to cepts including the thresh- Procedure are much more Torts, and two units of legal primarily political or media-related organizations, and hold issue of judicial sequential, in that they writing. The advantages of consequently we rejected the rules upon promulgation and jurisdiction. Know ledge of build on earlier material to- this proposed curriculum we will not follow them without a mandate and hearing Con Law would consequent- wards a unified whole. Con- are many. First, the first with the Dean. We are taking this extreme measure because ly help one understand other tract performance could be year would have greater di- we believe that it is necessary to preserve the independence first year subjects. An addi- taught before contract for- versity. Subjects would rein- of the only source of news available to the student body. tional subject in the first mation, but because a con- force each other, while at the year would also increase the tract's existence presup- same time exposing stu- A further question remains as to whether Oppenheim curriculum's breadth. Spe- poses its performance, it dents to a wider range of even had the power to act in this circumstance. Her guide- cialization should not be a makes sense to discuss for- material. Students could lines were issued under the dubious mandate of Section 34 goal of the first year pro- mation first. Second, Torts is then more intelligently se- of the rules governing student organizations, which were gram. Furthermore, Con such a vast body of law that lect their upper-division adopted by the Board of Directors in 1986. The Section is Law is important enough in many areas cannot be cov- courses. concerned with satisfying debts and liabilities incurred by and of itself, not only as a ered even in the present six- Second, students would defunct or bankrupt organizations. It empowers the College course in law buras a course hour format. Thus, Torts enjoy greater academic free- to require officers to pay bad debts, and in an obscure sub- in United States legal his- should be reduced to a four dom because they would section it confers the power to audit finances upon the Col- tory, government and ethical unit, one semester class have greater latitude to lege. Clearly, the Board intended to provide a safety valve theory, to be studied at the whose core is negligence. choose their classes. The for the checking of club records in the event that officers beginning of law SChOOl. One or more upper division present scheme is to rigid. graduate and leave behind debts. Oppenheim read its man- Accordingly, the current classes would then be of- Since for practical purposes date too broadly, inferring a general power to audit where second year Con Law course fered to focus in depth upon con law is a required course, none exists. Absent a statement by the Board to the con- should be divided into a matters not covered during with the new curriculum trary, we think the powers enumerated in this Section are four-unit first year course, the first year. As with Con- each student would have an limited to the recovery of bad debts. and a three or four unit up- stitutional Law, all students additional six units of elec- per division elective. Each would receive a solid expo- tives. These /.Ssues deserve exhaustive, searching inquiry by student would receive a sure to the the subject mat- Third, professors current- ASH. The Council should debate the rules and make a rec- healthy introduction to the ter of Torts, and those who ly tied up in the Torts and ommendation to affected groups. And at the very least, subject matter, sufficient for wished to specialize could do Con Law departments would ｾ＠ ASH should reject the rules simply because they emasculate bar exam purposes, and so. be freed to offer more upper its budgeting process and, implicitly, its freedom to act ac- would be free to choose Real Property would be division courses in those or cording to student wishes without administrative inter- whether or not to take the reduced from five to four other subjects. Professors meddling. _ additional course. What's units. Estates and future in- continued on page 9 page 9 RUMBLINGS Loan forgiveness program is a worthwhile goal Under the Yale plan, in- * * * provocative in the heart of a has been that those risks By ｓｾｮｩｳｴｲｯ＠ Publius law school. Mter all, we're were limited to arrest and Staff Writer terest and principal on stu- Frightening rumors sur- dent loans will be deferred rounding the conspicuous trained to spot causes of ac- punishment only after due We are ecomomic hostages for graduates who take pub- absence of a well-liked cafe- tion-such as wrongful dis- process. The chopping off of to the cost of our Hastings lic sector and nonprofit jobs, teria worker. Despite his charge. Further, the other limbs-possibly a violation education. For all but a few, at salaries up to about good work record the two- tortes dished out at the caf- of the Eighth Amendment post-graduation debt pre- $25,000 a year. The precise year employee was not re- eteria are h a rdly t asty prohibition against cruel cludes serious consideration amount will be decided by hired this semester by the enough to defeat a student and unusual punishment- of any job which pays less committee. The debt of grad- new food services company. boycott. was abandoned with the than $25,000. Unfortu- uates who remain in such He was given the explana- * * * Hammurabi Code. nately, that's the top end of public sector jobs for seven tion that his position had Some thoughts on Brian Wilson, a decorated Viet- the range for many public years will be forgiven alto- been eliminated. Strange, Wilson, the anti-Contra nam veteran and an attor- interest law jobs. This pre- gether. Graduates who leave we see someone new doing demonstrator whose head ney who chose a life of peace sents a tough choice for the for the private sector after what he did last ·year. The was cracked and legs were activism and poverty, car- altruistic Hastings graduate three years will benefit from story which now emerges is severed by a munitions train ried no insurance. Contri- who can easily double that deferred payments during that Patsy Oppenheim, who during a protest at the Con- butions to defray medical salary at a corporate firm those three years, but only negotiated the contract with cord Naval Weapons Station: costs (over $50,000 in the (add in the perks and it's tri- the first year will be forgiv- the food sevices company, in- although his protest appears first week) may be sent to pled). Factor in the $20,000 en. sisted that he be given the foolhardy to those of us with the Mount Diablo Peace to $40,000 in student loan At Harvard Law School pink slip. Her rationale? "He the benefit of 20/20 hind- Center, 65 Ecksley Lane, obligations and it's a Hob- the typical student debt is was lazy and had a bad at- sight, he is a brave and prin- Walnut Creek, CA 94596. son's choice. $27,000 and the duration of titude." Investigators are cipled man with an heroic Make checks out to MDUUC However, a dozen leading the loan 10 years. Gradu- working hard to determine record. Still, it is not sur- (Mount Diablo Unitarian American law schools have ates with beginning salaries who died and left her in prising that the adulators of Universalist Church). adopted loan forgiveness of up to $20,000 are forgiven charge. Lt. Col. North hiss that Wil- programs which re-open the interest and principal if they Meanwhile, his former co- son received his just des- * * * possiblity of opting for a stay in the public sector for workers are afraid to talk, serts. Now that 52% of the stu- poorly-compensated-but- 10 years. Those who move but the speculation is that dents in the first year class public-spirited legal career. into lucrative practices be- the real reason for his ter- Mter watching the horri- are women, isn't it time for These schools subsidize part fore 10 years must repay the mination pertained to his fying video of the incident, an honorary degree for or all of the loan payments remaining loan balance. choice of jewelry and certain which clearly shows two "ob- Clara Foltz? Sometime be- of their graduates during Seed money for the Yale pro- other preferences wholly un- servers" astride the front of fore the Great Earthquake the time that they hold low- gram comes from alumni related to his job perform- the locomotive, one wonders she became Hastings' first wage public interest jobs. and corporate donations. ance. Patsy was shocked to why the crew did not stop. female student, gaining ad- The amount of the defer- Harvard has set up a special learn that "so many stu- One answer is that they de- mission only after she ment depends upon the size reserve fund for this pur- dents had fallen in love cided to play a game of brought suit against the col- of their salary. Should the pose. with" the former employee. "chicken" and Mr. Wilson lege. Foltz left before receiv- lawyer later decide to take a Such a seemingly arbi- was the decided loser. Civil ing her J.D. so that she higher paying position, then This is a great idea. trary personnel action is a disobedience is not risk-free. could found one of the na- he or she re-assumes the Watch for a student initia- brazen move anywhere in Nevertheless, for years the tion's first public defenders balance of loan. tive to start the same here. this city, and is particularly assumption in this country offices. - They condemned their own tactics last year Bork's foes hypocritIcal Hastings Law News Those within the movement campaign. This campaign, Editor-in-chief ...... Christopher J. Palermo By Fletcher Alford clamored loud and long of though manned largely by Columnist Executive Editor ...... Theodore L. Laufer the need to preserve the "in- the very same individuals Copy Editor ...... Griff Towle dependence of the judici- who staffed the pro-Bird Opinion Editor ...... McGregor Scott Last fall witnessed a ary"; they decried as folly movement, now seeks to Features Editor ...... Dino Velez highly visible, though futile, the introduction of naked muster all the political pow- campaign on the Hastings politics into the realm of the er within its limited grasp, campus to retain former court. in order to defeat the confir- California Supreme Court Now a new cause is brew- mation of Bork to the United Chief Justice Rose Bird. ing here-the anti-Bork First-year curriculum continued from page 8 impact upon career oppor- ing the first year. would also have more leeway tunities for Hastings' gradu- It is arguably the case

to develop innovative offer- ates. that studying Torts and Con Tho Hut1nga Law Newo .. the montbJy .....""", DOWIIpaper 01 tiuUop l:<>Uege of the ings, integrating their own Law for one year each will Law Sagned opiruoo articlN. when clearly marked u IUch, repreaent the Opln.lOD of the wnlel' and not that of the CoIIego or the Law Newo U_eeI ecbton.aJa repraent the research into the courses Not only is there prece- improve, other things being opiruoo of. OOQ8eD.SUI fA the Law News Echtorial Board only and ootthat oe.t.atr editon dent for implementation of equal, one's performance in or wnt.el'S_ Nothtng in these pa.gee should be c:oost.rued .. bemg the OplfllOO d i.be CoDege. along the way. Ita Board of o.n.ctono. OT ,to GeoeTaI CouruoeI • such a curriculum, most top those subjects on a bar Newa. feature., and OPlDJOb art:lClee are .accepted from the community at ｬｾ＠ ... weU as _to. but pubhcatoon canoot be ｾ＠ "",,,pocUw opmlOD wnW'll should "",tad Fourth, a better curricu- twenty law schools surveyed exam. It is undoubtedly i.be editor-in-<:tuef' early m order to reeerw: space in the nert 18IUe Oeadlmea are generally three weeks prIOr to pubbcauoo. lum would attract more already have similar pro- true, however, that Hastings Dosplay od ..rtuoementa .... """"pt.ed by the Managmg Edot..T at the addTea below; I'Ilta qualified professors and ap- grams in place. Harvard, is not a bar review course. are quotable 00 request. We do not publoah cIas&oJieel OT pol'8Olllll ad&. plicants. Better teachers Stanford, Yale, Michigan, Hastings should conse- En1iro cootenI.B regoslered copyngbt (e) Il1a7 Hutinp Law News • all ngbto ..... noed and students would increase Boalt, Columbia, Vuginia quently encourage breadth, Hutings Law News 200 McAllistoT S

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Emanuel Bar Review, Inc. • 10101 W. Jefferson Blvd . • Culver City, CA 90232 • 1-8oo-EMANUEL or (213) 558-3100 • 129 Hyde Street • San Francisco, CA 94102 • 1-8oo-EMANUEL or (415) 776-3202 page 12 and we must remain vigilant lest we allow the Board to illegitimately acquire more real estate. To be sure, there is a limit to the amount of attention Opinion one can levy upon a scandal of this sort without provoking chronic nausea among one's readership. But we think that to let the Board drift out of the spotlight at this juncture, to let this drama be resolved backstage, beyond view of its The Hastings By Chris Palermo audience of paying customers, would be irresponsible and Editor-in-chief imprudent. Law News This year, all eyes will be on the Board, and especially upon its Chair. Board bumblings

The Board of Directors committed some incredible blun- Holiday finagling ders this summer as it struggled to rid itself of the neme- The Records Office seems determined to prevent at least sis of former Dean Prunty and to continue shirking some group of students from enjoying the winter holi- responsibility for mismanaging assets used to invest in the days-at least that's the message of the December exam NEWS West Block. We hope that this year will be uneventful. schedule this year. We hope it can be changed more suita- However, one lesson we have learned is that silence behind bly in the future. the Board Room doors probably means a deal is afoot, and It is apparently an unfortunate fact of the Jewish calen- FEATURES consequently the collective investigative energies of the dar that Hanukkah is inevitably sandwiched between ex- Law News will continue to focus on the Board this year. amination dates. The situation is worse this year because We hope, indeed, that students will continue to observe at least two exams are scheduled for Saturdays. carefully the workings of the Board as it searches for a This is regrettable, but the Records Office has done FORUM way to pay back funds owed to restricted scholarship ac- Christians no favor this year either, by scheduling exams counts, and as it attempts to push forward with develop- up to December 23. A few of us who still attribute some ment of the West Block. Now that that Chairman Dobbs spiritual signifi.;ance to Christmas, but this is hardly can no longer hide the past acts of his Board behind a enough time to muster the joy and peace that should ac- smokescreen of charges levied at Professor Prunty, he will company the date. Exams could easily be moved by shift- have to search for another cloak distract attention from ing the whole school year back a week further into August. the unscrupulous transactions, bereft of ethics, which However, the impenetrable wall erected between church Volunteer Dobbs tacitly approved during his tenure on the Board be- and state by the Supreme Court seems to impel the Rec- fore anyone knew Prunty's name. ords Office to ignore holidays altogether in its scheduling. That cloak will be a coat of many colors, its patches Law school has an insidious way of robbing one respect for tirictured by the West Block structure, the difficult choice things like holidays. But perhaps some well-intentioned between a Great Hall or student gymnasium, or both, to Christmas caroling outside Dean Lathrope's office at the be built at McAllister Tower, and the Dean Selection Com- close of exams on December 23 would get the point across. mittee. But since Dobbs will wear it, we will recognize it, ('h;l nces are he'll already be on vacation. -

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The Exploratorium is located inside the Palace of Fine Arts in San Francisco's Marina District. page 13 Nation faces litigation explosion, study reports continued from page 10 individuals in a great com- by making them real for ex- shared this liberalization of would have seemed to deny tional system on equal munity that shared similar cluded groups. the goal of equal schooling; their own best ethical tradi- terms. notions of the common good. "By and large, educators to have done otherwise .tions as a profession." - ''There were ample prece- "They questioned not the dents in public education for common school but the ex- this type of pluralistic re- clusion of some people from sponse, for blacks had for a its full benefits. Many early century debated the virtues Poetry Corner protest leaders shared an of separate schools run by Diane Carlotta Graydon integrationist dream of blacks, in the 19th century equal access to public immigrant groups had bar- Street Curbs Untitled schools as one of the main- gained suiccessfully to re- Walking around Somewhere in the street stream institutions of Amer- tain their languages in the square block uniuerse, liues a small heart ican civic, economic, and public schools, and women his shoulders hunched ticking against time, social life .... had long argued the claims against time. working into the of single-sex schools. Brother you are in my rhythm of the liues aboue. "But some leaders of so- "Despite resistance to new peripheral uision, cial movements began to forms of legalization of edu- a constant presence Ln my With no insight, cation, educators have his- question these universalis- life. people stare, tic, liberal values of integra- torically been committed to with no understanding, certain visions of equality tion into a majoritarian She pushes a cart, they complain. ...Many of the court deci- mainstream. They came to mumbling softly But the seed remains, sions and legislative reforms advocate various forms of coat in tatters, stockings like lucid in its crystal contours of the last generation can be separatism and pluralism. --twin necklaces around waiting for forethought, understood as an attempt to her ankles. waiting for recognition. broaden these traditional "They did not dispute the Once she thanked me, concepts of equality of access right of individuals in their loaning me her heart, If children lost and equality of opportunity group to participate on for some imaginary gift, their uisability equal terms in the public ed- "But they questioned the while I stared ahead. and no longer existed ucational system; to do so realism or wisdom of the as- as a prerequisite would have been to deny similationist dream of amal- They are growing, you know to our future, their status as full citizens. gamation of all people as in shadowy numbers where would. place while the circle of humanity the high pitch of their uOtces, constricts. the swing-skip of their legs ? But who will be left in the middle, and who shall grace the Cop),r &l(hi 1987 D,af'll C GroydtJfl . All rlllhu sidelines? ｾｮ＾｣､＠

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SOUTHERN CALIFORNIA NORTHERN CALIFORNIA 1231 Santa Monica Mall 138 McAllister Street Santa Monica, CA 90401 San Francisco, CA 94102 (213) 394-1529 (415) 626-2900 " page 15 Works ofJustice Traynor on view at Library continued from page 5 Meanwhile the Traynor morrow's cases." In count- The collection is accessible might not have been pre- Then, while teaching in household was enlivened by less reviews, others have to researchers interested in served at all had officials at the political science depart- the arrival of three sons. summoned up his phrases, Traynor's work on an indi- Hastings not acted promptly ment under the aegis of From the earliest years the which recurringly ventured vidual basis, Collins said. after Berkeley declined to General David P. Barrows, family home was the center a wry view of the law, thus: The room provides superb accept the papers. Collins Traynor entered Boalt Hall where friends of all ages "Ours is a profession that resources for second-year noted that similar collec- and later became editor-in- gathered. So it remained prides itself on not throwing students researching law tions could be established by chief of the California Law when in 1940, at the age of chaos lightly to the winds." journal articles dealing with the College for scholars in- &uiew. By 1927, he had 40, Professor Traynor was At the age of 70, Chief Traynor's work, she said terested in the work of other earned both his Ph.D. in po- unexpectedly appointed to Justice Traynor voluntarily important legal theoreti- litical science and his J.D. the Supreme Court of Cali- retired. Offers promptly Collins also pointed out cians, including members of He would recall the 1927 fornia. He became Chief poured in from law offices that Traynor's collection Hastings' Sixty-Five Club. - ceremony for another rea- Justice in 1964, serving in and law schools. The gifted son. His future wife, then that capacity until 1970. In jurist opted to join Hastings Madeleine Emilie Lack- that 30 year span he wrote and became a roving teach- mann, a native of San Fran- nearly a thousand opinions, er. For the next ten years he cisco and also a first- marked by an extraordinary lectured and wrote full-time generation American, was depth of legal analysis, in this country and abroad. Bork commencement speaker of breadth of vision, and clari- Throughout the decade Has- continued from page 9 didate is motivated by a de- her own class. ty of expression. They are tings was his home base. States Supreme Court. They sire to further his own Their immediate paths often cited as classic models At the age of 80, Justice have thus adopted the very political agenda; however, took them far afield. He in textbooks covering every Traynor wrote his last essay, tactics which they so recent- the pro-Bird campaign of joined the Boalt Hall faculty, field of the law. for a conference in England, ly deplored in the context of last fall, in attempting to and she successively earned His colleague, the late on the timely subject Trans- a judicial election. We see disguise such motives by a fellowship in economics Judge Walter V Schaefer of atlantic &flections on Lee- how very evanescent is their couching them in terms of and an M.A. in political sci- the Illinois Supreme Court, ways and Limits of devotion to independence of "judicial independence," in- ence at UC Berkeley, and spoke for many when he Appellate Courts. the judiciary, now that the sulted the intelligence of the thereafter an international wrote: "There is no sounder In his final illness he was truth be laid bare. The in- Hastings community. fellowship to Geneva. When currency in the courts surrounded by family and consistency here is inescap- their path!! crossed again in across the country than a friends in his own home. able, the hypocrisy palpable. To make matters worse, 1933 they swore allegiance Traynor opinion. And while When death struck on May Though I admit uncer- this same lohby has now de- to each other for a lifetime. his influence upon his con- 14, 1983, there was mourn- tainty as to its origin, I am veloped against the Bork Traynor's groundbreaking temporaries is strong, his in- ing throughout the world. reminded of an oft-quoted nomination the very "power articles on taxation, a pri- B uence upon tomorrow's He was acclaimed by law aphorism: "We have seen the politics" tactics for which it mitive area in the 1930's, led lawyers and tomorrow's law colleagues as "one of the enemy, and he is us." One stridently denounced the him to new responsibilities will be even stronger." greatest judges in the histo- need do little violence to campaign to oust Bird. as consulting tax counsel for The Traynor genius knew ry of the United States." these words in deeming Thus, in an ironic turn of the California State Board no bounds. His essays on the In conjunction with Col- them a fitting motto of the events, the liberal lobby has of Equalization (1932-40) judicial process prompted lins and the Library, The campus anti-Borklpro-Bird implicitly repudiated the and the United States De- the late Professor Karl L. Hastings Law Journal re- lobby. brainchild of judicial inde- partment of the Treasury Llewellyn to write that he cently published ''The Tray- I would not be misunder- pendence to which it gave (1937-40) and as deputy at- preferred them even to Car- nor Reader," a collection of stood. I have no objection to birth a mere 12 months ago. torney general of California dozo essays because "Judge Traynor's best-loved essays. the use of political tactics by The scenario is as old as (January to July, 1940), at Traynor got down further, The book will soon be avail- groups in opposing justices politics itself; having been the behest of then Attorney and in a stubborn, lovely able through the Journal they feel will not further the wrung of its propaganda General Earl Warren. fashion, more closely to to- and the Library. given political agenda of the value, the principle is quiet- group. However, such an ob- ly discarded when it no long- jection was VOIced by the er comports with the pro-Bird group and, indeed, political exigencies of the became its hue and cry. day. He is at least honest who admits that his support of or It would all be comical- opposition to a judicial can- were it not so pathetic. - o o o

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