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10-28-2002 Hastings Law News Vol.33 No.1 UC Hastings College of the Law
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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.33 No.1" (2002). Hastings Law News. Book 244. http://repository.uchastings.edu/hln/244
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]. HAsTINGS LAw NEWS If there is to be a Hastings community, the students must have a voice
Burton Forces Board Deans Kane, Martinez Up Of Directors To Rescind For Review, Reappointment ;,:~~"~~ge Project Special Five-Person Committee To Make Recommendation to Board of Directors On June 26, 2002, the by Michatl DUlldas. JL IHastings Board of Directors met COJleaguesi< d . bolh and rescinded a conlrOversial ane an Martmez project to build a parking garage On November 13, the 4 on property owned by Hastings at tenured faculty at UC Hastings the comer of Golden Gate and College of the Law will vote on Larkin. State Senate President whether they believe Chancellor John Burton (D-San Francisco) and Dean Mary Kay Kane and removed all funding eannarked for Academic Dean Leo Martinez Hastings, totaling $15 million, from should be reappointed to another the 2002-2003 State budget to five-yeartenn. pressure the Board to cancel the An appointed commit project., which was originally tee, fonnally titled the Decanal approved by the Board on June 7, Reappointment Review Commit 2002. tee, will receive lhe vote of the In addition to the parking facwty and then detennineamong garage, the project included safety themselves wbetherto fonnally upgrades and renovations to Ihe recommend to the full board of Tower, which were to be funded directors whether to renew the by revenue generated by lhe Deans' contracts. garage. Hastings ChiefFmancial The Review Committee Office David Seward stressed that is made up of three faculty mem the College anticipates beginning bers (Professors Joe Grodin, 10 the Tower renovation work next Carillo, and Sea Moulton) and summer as planned. Seward noted two members of the current that because revenue from the Hastings Board ofOirectors (Mr. garage will not be available, the lack Smith and Mr. Gene Towerrenovations will not include Freeland), the planned consolidation and According to the division of existing units to add 80 school's bylaws, the Review newWlits. Committee is allowed to pass on a Professor Charles Knapp JX)Sitive recommendation only if a noted, "On the bright side, now majority of the faculty vote for that Senator Burton is involved, renewal. Thecommiuee, how- hopefully he and the people ever, may pass on a negative working with him will assist recommendation even if a majority Hastings to resolve this issue so of the faculty votes forrenewal. that everyone is satisfied.lt would Nevertheless, faculty members be nice ifheand the other people who spoke with the Law News can come forward to creatively point out Ihat Ihe Review Commit- address the College's funding needs for the Tower renovati ons and safety improvements." Despite Sagging Job Marlcet, 431 Students Enter Hastings Demonstrators disrupted by S/aci Homrig, 2L the June 7 Board meeting 40 Francisco Recorder published an job ootlook will have improved. minutes after public comment Less than two weeks before article about the dearth of legal jobs JudyOlapman,directorof began. Randy Shaw, director of the schOol year began, the San in the sagging economy, but it didn't Student Services, said many stu the Tenderloin Housing Clinic and stop43 1 first-year students from dents have expressed concern about a Hastings alumnus, was testifying WHAT'S INSIDE: starting at Hastings in August theeconomy, and questioned when audience members started 1l1e ILclass-about whether the nearly $12,())) in chanting anti-Hastings slogans average in size-includes students PHOTOS OF THE CITY : resident tuition plustheestimated using bullhorns and blowing from 11 8 different tmdergraduate $22,())) in living expenses each year whistJes. Several audience mem instirutions, a variety ofcareers, and isa wise investment. bers, including San Francisco a veritable alphabet soup of ad But. at least a few first-years Supervisor Chris Daly (District 6), vanced degrees: MA, MS, MBA, are keeping the job market in climbed over the tables at which PHd, LLM, Med, MDR, MPH, perspective. lhe Board sat into the well fomled andMPP. ''It'ssuchaloogtimefrorn by the tables, where they stayed Onethingtiley all have in now," said Simon Nakajima. a UC until the police arrested and • PI\GE 10 Qp/Eo PAGE common isagraduation dateof 2005, when - hopefully - the See lLs ..... ,...... ,..... Page 3 See Parking ... " .... ,... Page 8 2 October 28, 2002 "nstinDs Iimu Nuu. Blue Ribbon Committee Appointed To b2h~~m~~e F ate Qf.J~e~!ciEmg~h!t:~p~!u5}~2~8~;m~i!~ Committee with its task, Hastings proposed by community groups) providing safe. affordable housing After the June 26. 2002 will survey the student body this would be equivaJent to ''maxing in downtown San Francisco. Board meeting at which the month 10 detennine the demand out Hastings' credit card." CuJJen has lived in the Tenderloin Hastings Board of Directors for student housing and what Seward explained that State policy for 21 years, and in 1990 he was rescinded the proposal to build a students currently pay for rental requiresthatauxiliary university named a Fellow of the Daniel parking garage at the comer of housing. David Seward, Hastings services. such as student housing. Koshland Civic Unity Program of Golden Gale and Larkin, the CFO, urged all students to be financially self-supporting. the San Francisco Foundation. Board appointed a "Blue Ribbon participate in the survey in order to Prof. C. In addition Committee" to assess building provide a clear picture to the Blue Keith to Cothcett options at the location. The IUbbonComm;ttee,'Thereal Wmgate. "The real estate ""dBrothe, Committee consists of five com- estate market has softened up and whoas market has softened CulIen,the munity members with an interest in the demand for below market rate chair of the Committee housing and development, and student housmg has dropped. Foculty up and the demand mciudesLeo contains no current Hastings facultyorstaff. :~=~~~e::~~~t:n- =: for below market rate ~~~y, Terry Sellars. TNOC Communications Director, said ~~~~;::!tiS:U:~~~~t~::~e :~~=ent student housing has ~~n:t that the TNOC, a nonprofit will1ikelyofferincentiveslikeraffle 7 Board dropped." during the organization providing affordable tickets for book store gift certifi- In!eting, _David Seward, administra- housing for cates to said "I look Hastings CFO lions of low-income "Hastings and the local maxUn;ze forward to Governors residents, there- the work of the Blue Ribbon George Deukmejian and Pete welcomes the conununity have a his- sponse Committee because the property WIlson. McCarthy was also opportunity to tory of cooperation .. . mte. represents a major part of the Speaker of the CaliforniaAssem work with WhilelUgb College'sendowmenl." bly and is a former member of the Hastings. "We This will be another hopes have The chairperson of the San Francisco Board of Supervi- tltinkthe opportunity to coatinue been set for Committee is Joe Cotchett, a
that they appreciate the whys and ~ 1"l--W«S 10 FDR~Tl-E HAIITHCJS I!XPILRIENCE. 4 October 28. 2002 linstings lUuu Nnue
This page: Sept II th Memorial in Washington Square Park (left) Gianst in the World Scries (right).
Other page (clockwise from top): Blue Angels flying over the city during fleet Week; a recent picture of the Golden Gate Bridge, our very own 198 McAllister.
Deans ...... From Front Page any specific plans should her benefil the school is the most would like to see a 20% alumni contract be renewed, Kane noted important issue." giving rate before I leave." rose 10 their current positions in that it is not an election process, so She noted, "completing Unlike Kane's request 1992. 1bey were simultaneously it is not proper to propose any two pieces of the puzzle [200 for a fuD contract renewal, reappointed from a second five particular platform of ideas. She McAllister renovations and Tower Martinez has onI y asked the Board year tenn in 1997. In this, their did say, however, "there are a upgrade] is the main goal in the of Directors to extend his contract 10th year at Deans. Kane has number of projects that have near future." for another two years. He says asked for another five-year begun during my tenure as Dean, When Kane took over that he is "ready to return to the renewal, while Martinez has and they need to be completed." her position in 1992, the alumni happy-go-lucky life of a law expressed a desire to serveonIy Kane specifically mentioned the giving rate was around three professor." two more years. Atthispointin current plans to renovate the 200 percent. This past year, the giving Before returning to the time the faculty is tightlipped about McAllister building and the pr0- rate reached thirteen percent. classroom, however, Martinez told the upcoming vote. posed upgrade to the Tower Kane noted that this is comparable the Law News that he has a few Professor Moulton, a building as being the top priorities. to most of Hastings's peer schools, other plans up his sleeve. "{ am member of the Review Committee, As for the parking and specifically mentioned that due for a sabbatical. and I have points out that most of the faculty garage project, Kane says Hastings has a higherpercenlage been putting off writing an insur members are waiting until the "completion of any construction on giving rate than USC Law School, ance Ihw treatise for West for meeting topublic1y voice their that property is a long way off. At a private school with a reputation sometime now. I would also like opinions. this point in time, developing a plan for a dedicated alumni. Neverthe When asked if she has to properly utilize the space to less, Kane told the Law News, "I See Deans .. '" ...... Page 5 ~1311ssuel liill&tin.g.& I:ntU NnUd 5
Deans ...... From Page 4 know he really cares," said 3L, Ha~tings while they are enrolled, to change that fact. the Review Brendan Lynch. they may want to give back to the Committee has made an effort to tospendarleasra yearinprivale lfhiscontraclis re- school in the future." reach out to the leaders of student practice." newed, Mattinez said will continue Martinez, a graduate of organizations for input. As Martinez, who before to be as accessible as possible to Hastings, agrees. ··Having a Moulton nOles, "the student input coming to Hastings worked for the students of Hastings. "It is an Hastings 10 has opened a number gathered at the various meetings Howard Riceet. al., was quick to important part of my position in the of doors in my life and has allowed will be presemed to the faculty and add, "when the dust settles, J administration." He also noted, "I me to significantly contribute to the the Review Committee before their would like to get back to the will certainJy try and encourage my community." Nevertheless, respective votes." Nevertheless, it classroom." When pressed on the successor to do the same." Martinez realizes thaI not all was unclear how much affect the issue, he was a little hesitant to say Both Kane and students can be reached and many student input will actually have. where. Martinez said that a conunon goal will gradurue from Hastings and ...... In most srudents' minds, . . for the near future is to ea<>e the never look back. Martinez has become the figure disaffection among various groups Some students say that : Write for the Hastings: head of the Hastings administra of alums and students. "We need part of me disaffection problem is tioo. "He is always involved in to create a sense of identification the lack of opportunity for involve Law News!!! student life here at school, coming with the school, which will stay ment in the school. Many students (0 various events, judging moot with the students after they gradu polled by the Law News did not E Best ol8roadway Oct. I-Nov. IO"La B~rne." CUmm Theatre. BazLuhrmann's production ofPuccini's"La Boheme," presents the greatest love story ever sung in tbeoriginal Italian with English swtitles. Oct. 8-Nov. 3 "SorneLike It Hot." Golden Gate 1'beatre. BasedoD the 1959 Billy Wllderfilm. this newJyrealiz«\ musical is a clevercombinatioo of deceptive idcnUties. revened sex roles. cross-dressing, slapstick. one-liners. and romance. Oct. I6-Nov. 3 "Disney's Beauty and the Beast," Orpheum Theatre. Brotdway'$ sma$b hit musical based on theAcademyAward-winrUDg animated film features teclmical wizardly, special effects and illusions, as wdI II; dazzling production numbers. F« mote information call: 415-512-mo ~ .~JUI FesdvaI One of San franciSCo's biggest and be$( musical festivals features loca1, national and Unetlllltional jllZZartistS performing 3.1 various toc.tioDs throughout SanfraDciJco.1'beliDe-up includes many renowned: musicians. AU events are free tothe puhlic.Formore information call: 41.5-788-1353 Sa FnadIce()pen WorId-mlOWned: company presents its 80th repertory seas6n SeplelJlber through January, with additional perfonnances in June and July. EVMing performance times vary; matioeet are noted. Performaoee schedule to be announced. Oct. 9-Nov. 1 ,·Othello."Tenors Joo Fredric West and Timothy MUSJard will sing the title roleGiuseppe Verdi's productioo. Tu.:ketscan bepun;hased for $4()'SI50 or S30the day of the show. Go to www.sfopera.comorcaU(415) 864-3330forll1l'Jleinfonnation San FruriKo GlaDtll!!l!!I! The Giants havemade it to the World Series. The series starts Saturday in Anaheim.Come checkoul games 3, 4 and.5 at Pac Bell Park. Tuesday,Oct.225:30p.m.W~y.0ct.23,5;30p.m.Thur-sday,0ct_24.5:30p.m.,if~ Now-I2n102 An WeAI:moa Tben? At the Shelton Theater (.533 Sutter Street)Ahilarious new musical revue about travel written by Morris Bobrow, three-time winner of the Bay Area TheaterCritics CirdeAward. Thursdays, Fridays and Saturdays 8 pm; Sundays 2 pm. For moreinfonnatiOll caU: 415-345-7575 10I18I02-ICII2&02lntemadooal Viii. Poster Fair 10f18lQl.10120J0l The oldest and largest vintageposterfdirin ~ world features IO,OOOAmerican lind Emopean posters from the 1890s tothe 1980s. Fun Mason Center. For more infonnation call: 650-548.6700 10l25I02-11/4102 Grand NatiooaI Jtodtoo.Hont IUld Stock Show Come to the Cow Palace and enjoy concerts, an, food, livestock and rodeocolllpetitions at theGrarni National. F« more information call: 415-404-4111 8 (klober 28. 2002 Parking .... From Front Page Senator Burton's office could not be reached forcomment. removed them. Afterwards. the After theJune 26 meeting, Robbin' The Nail Board approved the project during the Board appointed a "Blue a closed session. Ribbon Committee" whosecharge Laterthatday, Hastings is to present alternatives forthe site FQrwr Qcan oIS«pdnte SIte"" ~ WIlla to Stay was notified that Burton had to the Board. eliminated theCollege's entire The garage project You may ba.. _rumon1bal Shauna __ leftthe State appropriation from the was highly controversial for numer- IIasIinp facuhy rorapooitioo alSlaofonl School of Law. Weo. dlisio budget bill. The Board then 0llS reasons. Community housing 'ust not true. h is truetbal Shauna Manball is visiting Stanfordf«the received a letter from Burton the activisls and religious leaders sernesla'lDbelp stan1heirclinicalprognun,butobewiD ...... , following Monday requesting that believe thataffordable housing, in Hastings in tbespring. However, she will no Ionga-be in the Dean's the Board rescind the project and addition to a smaller garage for office. Her new title is Clinical Professor of Law. enter into good faith discussions Hastings, should be constructed on Professor Marshall told RTN that she was offered a position with the neighborhood, with the the site, commonly known as the at Stanford but turned it down. She has a history with Stanford, both assistance of independent commu "Westblock," to address the lack of as a student and lecturer; prior to her arrival at Hastings in 1994 she nity members, in an effort to find a affordable housing in SF. To helped run the East Palo A1to Community Law Project. which pr0- compromise on the development expand the sizeofits campus, vided legal services to the community of East Palo Alto as well as of the site. The College's State Hastings bought the Westblock acted as the Stanford legal clinic. This non-profit was run on a sh0e appropriation has since been property, including the fourresiden string budget provided mostly by Stanford However, a lack of funding restored. tial hotels that fonnerly stood on the eventually forced it toclose its doors. Susan Thomas, Hastings site, as weUas most of the buildings When asked why she wanted to stay at Hastings, Professor General Counsel and Secretary to on Larkin and McAllister streets in MarshalllOid RTN that Hastings' commitment IOclinical educatioo the Board, said that she doesn't the 19705. was the primary reason. She has worked very hard at Hastings to get have a good answer as to why In the 19805, then SF the program numing and the faculty has received it wen. Shedid not Burton eliminated the College's Assemblyman Art Agnos requested believe that the faculty at Stanford would be so receptive, even though state appropriation at the last a state audit of Hastings, which Standford's Dean, Kathleen SuUivan, is conunined to starting a moment, other than politics. She revealed evidence that the College program. Moreover, she said she has put an enormous amount of bard reiterated that Hastings met with had misappropriated minority work into the Hastings program and does not want to go through the community groups and infonned scholarship funds to finance, in part, arduous task. again. interested govenunent officials of the purchase of the Westblock and While working at Stanford this semester, Professor Marshall the parking garage plans, including 200 McAllister properties. In the will be working with San MateoCounty Legal Aid and the Santa Burton, well before Hastings 1990s, Hastings sold 324 Larkin, Clara County Public Interest Law Foundation in the area of mental began the Environmema.llmpact 250 McAllister, 260 McAllister, health advocacy. Review process. and 270 McAllister, lWo ofwhich Burton, posed, those who who is barred by supported the project, tenn limits from and those who were runningagainfor generally apathetic. A office in two years, generalconcem may be concerned among students who with his prospects opposed the project as a future candi was the feeling that date for SF Hastings needs to be a Mayor. Hastings better neighbor to the alumnus Mayor local community. The Willie Brown ran rear walls of the 198 for Mayor in 1995 and 200 McAllister when tenn limils building, which are barred him from uniformly stark at running again for ground level, might the State Assembly give the impression where he had that Hastings has served as Speaker turned its back on the for many years. In Tenderloin. an endeavor seen ProfessorGeorge by some to test the Bisharat noted, "We prospects of the live with the legacy of Burton family name our past. To some in San Francisco Hastings students, neighborhoOO activists and local residents.protesting the extant, dlecommunity municipal politics, approval of the Project E1R this past summer. Photo by Michael Dundas response to the garage Kimiko Burton, project was a reaction Bwton'sdaughter to earlier actions by and a Hastings alumna, was have been renovated by the within its educational mission dle College that antagonized the defeated in her bid to become San TNDC. because it is chartered by the State community and it illustrates that the Francisco's Public Defender last Following the Loma Prieta Constitution. TIle courts have never legacy of those earlier actions will March. earthquake in 1989, Hastings addressed the limils on Hastings as be with Hastings fortheconceiv Eartierthisyear, Burton demolished the Westblock residen a cOllStitutiooally chartered entity. able future. Without that legacy, the stopped a UCSF project to tialhotels, withoutOOtainingmunici In addition, the continued community's response could have construct a l7-storystudem pal pennils, on the grounds that the reliance on cars concerned environ been differenl Judging from the dormitory high rise at the UCSF earthquake rendered them unsafe. mental and transportation activisls community response, more needs Mission Bay campus. That project TheCity disputed the damage such astheSFBicycleCoalition to be done to work with the had also completed the EIR findings but choose not to sue and the Sierra Club. Some Hastings comnlunity in developing dle process and was slated for fonnal Hastings. Hastings' position is that studenls and faculty opposed the property. I think that whatever we approval by the UC Board of municipalrequiremenlsdonot garage project but general opinion do, someone will object but that is Regents before Burton stepped in. constrain theCollege when it acts was divided belWeen those op- not a reason to do nothing." for opportunity was twisted into a theirown freedom, govenunent must movement foroutcome.. based interVene and reallocate properly, affimlative action. In other words, education, medical can; and other A Musing Commute !o1nce African-Americans lacked the assets. In reality, govemrrentshcllCr by An Macomber. 3L from the government However, the ability to X! theiropportunities. it is not necessary to ensure African reality is that government programs was up to govemment toaffuma AnD'ican advancctrent HillaryOintonwasdead sacrificechildrcn to political powcr tively act for them. Of course such Moreover, if we buythc wrong.lre reason her arguments in mongers like Senator Clinton. an asswnption is incorrect That is. tripethatreparationsforslavery are the book. It Takes a Village to What the former Frrst Lady African-Americans don 't need ethical, theoutcome will be three Raise a Child, are incorrect, is thc fails to realize is that it takes a affinnativeaction . They simply need gencra1ionsofvictimphiJosophy same reason that the repar'ulions family to mise a village. Without the government to move aside and training flY the African-American movement must fail. Senator strong families to support it, govern let freedom ring! community. Three generations is Ointon's book analogizes villages to ment is doomed to failure. In fact. However. since the 1960s, more than enough to do permanent gowmrrcnts, implying that children govClTUIJ.!flt inlCJVCtltion into the Democrats -and others - have damage to Dr. King'sdream. There require nurturing aOO admonition African-Atrerican community in the cffcctivclydcstroyed two geTlCru is no ethical comparison between past 40 years has resulted in a village tions of African-Americans by slavery reparations and warrepara Monterey...... From Page 6 without families. Today, &4%of buying their vOles with emplY tions, in any context, because the African-American children are born past the campsite. But hiking, promises. Now. some eighty percent law of the land for250 years was tosinglemothers. Government fishing, beachcombing, biking, and of African-Americansare beholden thatAfrican-Americanswere intervcntions.liketheAFOC(Aid to surfing are all just steps from the to a party that engineers the destruc property. War reparations are given Families with Dependent Olildren) camp. You can actually surfright tion of the African-American famiJy. tothoseindividuals woowere legally cash welfare. have effectively off the beach at the campsite, but For distraction, Democrats removed men from the African wronged; whereas pro~owner there are several good surf spots play something known as the "race shipin sJaves wasneverlegally American conununity. Two genera up and down the coast within 30 card." The ''race card" becomes an tions and African-American fathers, wrong. 1045 minutes. The area around the issue when minor schisms between Slavery was morally wrong, brothers and husbands have been site is pretty undeveloped consid African-Americansandothers are and the bloodshed oftheCivil War sacrificed lothe voracious mawof ering Big Surisjustsix miles south. blown out ofproportion for the justly paid the mornI price of lbere are miles oft:rai.l that wind go"'""""t political powcrof elitist and arrogant destroyingtheinstitution. Today, the Friedrich Engels wrote through meadows, beaches, and Democrats. It is played when truermral wrong is the idea that about this phenomenon in his 1884 hilltops. anyonethreatcns the Democratic Aetna and CSX have profited off book Origin ofthe Family, If you don't have the time Party powerbase. African-Ameri slavery and thus theirprofilS must be Pri~'(Jte Property and the State. or inclination to camp, Monterey cans leaving the fold. like Oarence forfeited to thecurrently malevolent His idea was that the family and the Bay is less than 140 miles from Thomas and Thomas Sowell, are African-American leadership who state are always in tension, vying for San Francisco and is accessible as shunned by the power brokers. The have encouraged the government in supremacy over the guidance and day trip. We stopped at the national offices oftheNAACPand its efforts to undermine the strength control over society's foundations, Monterey Bay Aquarium on the theNLG (National Lawyers Guild) oftheAfrican-American family. This mores, and goals. Where the way down and were pleasantly contribute to these racist tactics in scam is at odds with the empower instiwtion of family has been sup surprised at how much fun we had. order to bolster their own political mentofstrongAfrican-Arrerican pressed. weare left with the recent The Aquarium's focus is the sea power by undermining real progress families -and thus strong villages, 70 year tragedy in Russia There, the life righloutside its windows. in both race relations and minority such as Oakland, California state won its historic battle with the The Monterey Bay standardsofliving. In addition, free African family and be<:aJre the ultimate ruler, Aquarium is home to the first living That is what thereparations Americans make huge strides even allegedJy forthe bencfitof all, but kelp forest. From the observation forsJavery movementisall about with the bwden of govemmem such victory ultimately became a deck you can see the huge pump The racists thatrecently filed ITl()O()fXlly sclxxlling and other that creates the ocean surge, the thefederal class action suit in programsof so-called aid. The 20CK) Conversely,inAfghanistan, mist that keeps the exposed kclp Brooklyn know the suit isdoomed. censusfindsAfrican-Americans ruling clans are still supreme over alive and the wire that keeps the They know they have no certifiable moving ahead with equal opportu goVClllfI'e(lt. Theirfamilystructure. seagulls out. There is also an class-action clients under FRCP23. nity. Butstealing from corporations what Engelscalled the "gens," has enormous tank with leopard and They know they have no legal or toengine;erequaloutcomesthrough effedive1ynullifiedanyl:lerefi1S seven-gill sharks, agigantic tuna, moral standing. Theirpurposesare rq:wa1ions will certainly undennire provided by agovemment, which is halibut, and so many other fish that twofold: (I) they want to use their that progress. The NAACP, NLG, one reason they continue to live in I cannot remember what they are litigationrnxhineto forcethetwo and other reparationists are flat strifeand la:krefrigerationandother called. primary targets, Aetna Insurance wrong. Equal opportunity doors are roodem benefits ofrationality. While AJong with the tanks and and to settle for billions of open and individual mincrities are &!gels' anaIysishasmerit,fOltu CSx. exhibits of the local ecosystem, the dollars in order to set precedent to perfectlycapableofliving free. ltis nateiy, his ideology of commtmism aquariwn also has an interactive blackmail othercorporations; and time fIYtheAfrican-American hasfuiled. area where you can touch stin (2) they need a new suppression communitytostepuptoindividual The idea behind reparations grays, coral, and starfish, among method to use on this generation of libertyandtelllherroo- Review Committee And Faculty Should Carefully Consider Options The Editorial Staff of the As many of you probably don't know, the Hastings faculty is currently considering whether to reinstate Mary Kay Kane as the Chancellor and Dean of Hastings College of the Hastings Law News Law. If approved, Kane will serve as Hastings' academic and financial leader for at least five more years. reminds you to exercise No one can dispute Kane's impressive academic achievements. As one ofthe principle contributor's to Wright, your right to Miller, and Kane's Federal Practice and Procedure, Mary Kay Kane brings a great deal of respect to the Hastings faculty and community. However, it is important that the faculty and the special committee considering reinstatement carefully weigh all of Kane's credentials. This necessarily includes a thorough VOTE evaluation of the candidate's financial proficiency, philanthropic efforts, leadership, charisma, and generallikeability. Election Day As depressing as it may be, almost every modern univer sity is forced to concentrate on the pursuit of money first and is the pursuit of knowledge second. Educating students is not the November 5, 2002 simple straightforward endeavor it once was - it has evolved into the serious business of trying to stay afloat long enough to Polls are open from 7:00 a.m. to 8:00 p.m. actually educate. The most successful universities are continu ally searching out new ways to generate revenue without raising tuition. The parking structure battle is a perfect, but unfortu As a student, there is no excuse not to vote. nate, example ofthar. P.S. Please remember to completely punch through any bal1ol. The honest, simple truth is that Hastings needs money money to pay faculty and staff, money to pay for the desper ately-needed improvements and upgrades to the library and alumni events, and don't, well- just don't care. The Dean has Tower, money to attract and keep distinguished faculty, money specifically noted her intent to find some way to get the students to make us a competitive law school. Yes, Hastings alumni affiliated to the school while they are still students. Neverthe giving rate has gone from three percent to thirteen percent less, Dean Kane has had ten years to do something and there during her ten years as Dean and yes, this current giving rate is are still great numbers ofthe current studem body completely equivalent to most of our peer schools. Nevertheless, our peer turned off by the school. Hastings needs to do better. sc hools have another source of income that will forever be unavailable to Hastings, an undergraduate institution. Hastings Hastings is currently experiencing an apparent leadership needs to do better. vacuum. A Dean should not merely fill an administrative role, but serve as a true leader for students and faculty. Hastings What about the school's ran kings? Should the rankings badly needs someone to take control, attract the attention of factor into the criteria used for review? During her time as important benefactors, encourage students to take pride in their Dean, Hastings U.S. News & World Report ranking h~s fluctu studies, and inspire alumnae to stay connected to the Hastings ated from the top tier to the second tier and back aga,in. How community. Today's university and college president is required ever, over the last four years, the school's ranking has dropped to be an academic, an astute businessperson, politically profi from 29 to 40. Many people feel that it is impossibl e to reduce cient and an ardent fund raiser. Whether this person is Mary Kay the intangible aspects of a law school education into a linear Kane or someone newly appointed, these efforts must not ranking. Dean Kane has explained that we remain in what the continue to go undone. In the end, Hastings needs to do better. magazine designates as the top tier and basically in the same cluster of schools we have been ranked with for the last few What is most troubling about Kane's current term as years. Nevertheless, even the Dean recognizes that the rankings Dean is the fact that she has failed to build a meaningful rela greatest impact is on people deciding where to go to law tionship with Hastings' students. In fact, many students have no school. We are, after all, a society that likes to box and quan idea who she is. Eighty or so students have her for civil proce tify things. True, we are in the Bay Area and this is a very tight dure. Others know of her, and thus, know enough about her to market, but there are other schools in Northern California and respect her, even they don't really know her. What are her they seem to do a better job then we do. Hastings needs to do goals for Hastings? Is she nice? Approachable? Charismatic? better. Outgoing? The truth is, for all of the tireless hours that Dean Kane spends in her office, she is not really visible on the Sadly, Hastings also has a more specific and unique Hastings campus. Many students claim they don't even know problem: extreme disaffection amongst the students and alumni. what she looks like. Do alumnae? Do potential donors? Does Realistically, it is impossible to instill every student with a sense it even matter? Perhaps. of loyalty. It may even be impossible to know why certain students and alumnae don't feel "close" to their alma matter and It's certainly something worth considering. Especially therefore don't contribute to the school, don't participate in while we're already at it. Vol . 33. lssuc I ~D.Gting.e &tu NttUG 11 Letter from the Editor My NAME IS MICHAEL DUNDAS. I AM THE CURRENT STUDENTS OF" HASTINGS A Pl..AFORM WITH WHICH TO BE EDlTDR1N-CHIEF' CF"THE HASTJNGS LAw NEWs. THE LAw HEARD. THERE ARE A NUMBER OF" IMPORTANT EVENTS NEWS IS THE STUDENT NEWSPAPER ~THE UNIVERSITY AFF'ECTlNG OUR SCHOOL IN THE NEAR FUTURE WHERE OF" CALIFORNiA, HASTINGS COlLEGE OF"THE LAw. STUDENTS SHOULD VOICE THEIR OPINIONS. THE PARKING ORIGINAU...Y PUBUSHED UNDER THE TITLE OF" \ltJIR UJT PRo..JECT IS ONGOING AND THE BLUE RIBBON COM- OIREIN THE LATE 1 9505 AND EARLY 60s, THE MISSION IS CONTlNUAU.Y MEETlNG TO DETERMINE HOWTO HAsnNGS LAw NEWS WAS FOUNDED IN 1 969 AND IS USE THE CONCRETE PARKING UJT LOCATED AT THE CO~ CURRENTLY PUBUSHED ON A MONTHLY BASIS WHEN NER OF" lARKJN AND GOlDEN GATE. CHANCELLOR AND CLASSES ARE IN SESSION. Now IN ITS 33'" YEAR, THE DEAN KANE IS UP FOR CONTRACT RENEWAL AND THE LAw NEWS IS PRODUCED BY A VOLUNTEER STAFF OF" F"ACULTY. YOUR F"ACULTY. IS SET TO VOTE IN A FEW WEEkS EDlTDRS. PRODUCTlON STAFF MEMBERS AND STAFF" ~ WHETHER TO RECOMMEND TO THE SCHOOL'S BOARD OF" ERS. ALONG WITH A NUMBER OF" GUEST CONTRIBUTORS. DIRECTORS TO RENEW HER CONTRACT. THE STATE BUo- IN THE SPRING OF" 1 99B. THE HASTlNGS LAw GET IS F1NAU....Y SET AND THE HASTINGS BOARD OF" NEWS STOPPED BEING PUBUSHED. UNFORTUNATELY. A DIRECTOR'S WIll... SOON VOTE ON WHETHER TO RAISE I.ACK OF" STUDENT INTEREST CAUSED THE PAPER TO YOUR TUmON. THE SCHOOL' S REPUTATlON AND RANKING REMAIN UNPUBUSHEO FOR ONE FUll... YEAR. IN THE F"ALL CONTINUE TO BE IN F1..UX AND A NUMBER OF" POUCY OF" 1 999. A SMALL GROUP OF" DEDICATED STUDENTS DECISIONS ARE BEING MADE IN AN EFFORT TO RAISE OUR MADE THE EFFORT TO REVIVE THE PAPER. UNDERSTAFF'ED US NEWS & WORLD REPQRTRANKING. 11-1ESEARE~UST AND UNDER FUNDED THE LAw NEWS REAPPEARED ON SOME OF"THE ISSUES AFFECTlNG OUR SCHOOL AND THE HASTINGS NEWS RACKS ON OCTOBER 1 1. 1 999.11-11s LAw NEWS CAN BE A VALUABLE RESOURCE WITH WHICH SMALJ.. COU£CTlON ~ STUDENTS BEUEVEO THAT TO EXPRESS YOUR OPINION THESE VERY ISSUES. HASTINGS COULD NOT TRULY FCRM ACOMMUNITYWfT1-t- THIs BEING THE CASE, WE'VE SET OUT TO MAKE A OUT A VOICE OF" THEIR OWN. EVER SINCE, THE MASTHEAD NEWSPAPER ABOUT OUR LAW SCHOOL, IN WHICH THE ~THE HASTJNGS LAw NEWS I-IAS INCLUDED THE MC'TTtJ, IMAGES ARE AS COMPEU.JNG AS THE PROSE. WHERE YOU "IF"THERE IS TO BEA HASTINGS COMMUNITY, THE STt..J- MIGHT F1ND SOMETHING TO SPARK YOUR CURIOSITY. FEED DENTS MUST HAVE A VOICE.'· YOUR ENTHUSIASM AND EVEN EASE YOUR OISAFFECTlON. OVER THE NEXT THREE YEARS, WE CAME TO REAL- 'WE HOPE YOU EN.JOY READING THE PAPER AS MUCH AS lZETHATTHE H"ASTINGS "COMMUNITY" IS A F"AR GREATER WE EN.JOY CREATING rT. WE WIll... CON'TlNUE TO PUBUSH CXJNCEPTTHANTHE CURRENT STUDENT BODY AND F"~ STORIES ABOUT THE EVENTSTHAT DIRECTLY AFFECTTHE UlIY. IT ALSO INCLUDES EVERY MEMBER OF"THE ALUMNI. STUDENT BODY. BUT WE WIll... ALSO BEGIN PUBUSH STD- THEREFORE, THIS PAPER COULD NOT TRULY BE CONSID'" RlES THAT AFFECT OR INVOLVE MEMBERS OF" THE ALUMNI. EREO THE VOICE OF"THE HASTINGS COMMUNITY WITHOUT WE ALSO HOPE TO PUBUSH ARTlCl.E SUBMISSIONS AND THE EYES AND EARS OF" THE SCHOOL'S 1 5.000 ALUMS. L£TTERS-TD-THE-EDrTOR ~M THE ALUMNI IN THE ISSUES OVER THIS PAST SUMMER AND INTD THE MONTH ~ SEPTEMBER, THE EDITORS OF"THE LAw NEWS SOUGHT IT I-IAS BEEN TOO LONG SINCE THIS SCHOOL I-IAS TO MAJL THE NEWSPAPER TO THE ALUMNI BODY. AFTER HAD A TRULY ACT1VE STUDENT AND OR ALUMNI BOD"f. SOME TIME, WE CClf"lV1NCED THE ADMINISTRATION THAT rT THERE ARE F1...ASHES OF" CONNECT'IVTT'f AND SIGNS OF" WOULD BE IN EVER't'BO~S BEST INTEREST TO RECO~ DlSOAIN WITH THE SCHOOL, YETTHE ST\JOENT BODY NECTTHEAUJMNITOHASTINGS. THIs SCHOOL I-IAS A REMAlNSUNAfl"ECTEOBYTHEACTlONSOF"THEALUM5. HISTDFlY' OF" LOSING CONTACTWITH ITS GRADUATES THE OUR GOAL IS TO CREATEA TRUE HASTINGS COMMUNITY MOMENT THEY LEAVE CAMPUS AfTER THEIR THIRD 'fEAR THROUGH THE PAGES OF"THIS NEWSPAPER. AND THIS Df'oILY SERVES AS AOE'l'RIMENTTO OUR SCHOOL- WE HOPE YOU WIll... BE INFORMED, PROVOKED AND UNSATlSF1ED WITH A 1 6% ANNUAl-ALUMNI GMNG RATE, ENTERTAINED - BUT MORE IMPORTANT1....Y. WE HOPE YOU WEATTHE LAWNEWSTHClUGtiTAN INFORMEDAUJMNI WIll... GiET INVOLVED. WOULD CREATE A MORE GENEROUS ALUMNI. IT WAS A SO WEl..COME BACK TO THE HASTlNGS LAw NEWS. WINWIN smJATlCN. AT THE TlME, I THOUGHT rT WOULD BE BEST TO HOLD OFF ON PUBUSHING THE PAPER UNTIL WE HAD F1NAUZED THE ClRCULATlDf'ol E:XRO.NSIDf'oI TO THE ALUMNI. As A NUMBER OF"YOU HAVE NOTICED, rT MEANT THAT THERE WOULD BE NO SEPTEMBER PAPER. UNFORT1..J'" NATEL~~AlNR~cnONsONTHEUSEOF"THE AUJMNI UST AND THE GENERAL DOWNTURN IN THE Editor-in-Otief ECC:JN:JMY PRE\I'D'lTED US FROM GENERATlNG ENOUGH Hastings Law News AOVERTlSING REVENUE TO AF1='ORD THE COSTS OF" EX PANDING F'ROM A CIRCULATION OF" 1,200 Ttl 1 5,000. IT WASN'T UNTlL A WEEK AGO THAT WE FlNAl...LY REAUZED THE MONEY WASN'T OUT THERE TO MAKE THE MOVE IN THIS SCHCXlL YEAR. NEVERTHELESS. WE STlll... STRtVE TO PROVWDE THE 12 October28, 2002 mpkin Contest Pumpkins must be delivered to the no later than Tuesday. October 29 Voting will follow the next day. be picked Oct.up a t30th. the LawFor Cafe'complete at ~~i~~~~~~ Open to all 'iJ'lXIAHastings ~ students and staff. prizes for BEST 3rd yr/LLM $152.95 free diploma frame 2nd year $100.00 3rd year $100.00 ~ Happy Halloween from the Hast; ngs Bookstore UNTED USE f;:~~~~~~~~~ BRING ~THIS AD IN (IAL FOR 10 % OFF ANY ONE OUTLINE ONE PER CUSTOME EXPIRE S NOV. 6TH 2002