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University of Michigan Law School University of Michigan Law School Scholarship Repository

Res Gestae Law School History and Publications

1984 Vol. 33, No. 10, November 28, 1984 University of Michigan Law School

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Recommended Citation University of Michigan Law School, "Vol. 33, No. 10, November 28, 1984" (1984). Res Gestae. Paper 376. http://repository.law.umich.edu/res_gestae/376

This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. November 28, 1984 Vol. 33, No. 10 The University of Michigan Law School Profs: Ax Summer Term By Steve Hunter mer programs separately. The report both feel that the summer program less than 8 students. The report also Last Wednesday the Summer Session cited the virtues of the first year sum­ should be retained, and 80 of their said that the upperclass program " im· Review Committee released its report mer session : allowing older students to classmates signed a petition agreeing poses substantial additional scholar­ on the continuation of the Summer return to academics gradually, with them. They cite smaller classes, a ship costs." Session and recommended the summer providing a lighter load for students for more relaxed environment and a chan­ As for visiting profs, the report program's elimination. their entire first year, and reducing ce to see visiting professors as reasons states, " In light of the current number The committee recommended that streSs for students by giving them only for saving the session. of visitors during the fall and spring, both the upperclass program and the two graded classes at a time when the " We feel it's an excellent learning the limited number of summer upper­ first year session be terminated, but the law school has fewer people. environment," King said. As for "draf­ class courses, and the increased report states that the " summer The report discusses drawbacks to tees," Churchill feels the law school dispersal of our own faculty during the program should be eliminated as soon the summer session. One is that there doesn't sell the program enough. " If summer, that benefit is not nearly as as that can be done without adversely are many summer starters who are you sold it more, I am convinced you'd great as it once was." affecting the interests of students "draftees," who do not begin law school get enough students. You would The final section of the report ex­ presently enrolled. This assumes that in the summer by choice. This means eliminate compulsion." plored alternatives to the current elimination of that program will not that many students who choose not to The report does address the issue of summer program. The first is to result in a decrease of scholarship fun ­ graduate early are forced to bear the promoting the summer session, citing abolish the summer program, thereby ds and that the monies currently spent cost of an extra semester of law school. Stillwagon's changes in the application, saving approximately $230-250,000 in on summer instructional staff can be Also, many students who are con· which, according to him, "emphasized scholarship money and $5,000.10,000 converted to hiring additional faculty. •· sidered hot prospects by the admissions the camaraderie and high morale found clerical time, as well as "consideraoJe A second concern of the report is the committee refuse to matriculate unless in Section Four, hinted at the attraction e.ffort on the part of the Admissions of­ cost of the first year program. Accor­ they can come in the fall, and some do of summer-starters to some firms fice." This would also save an ding to the report, " A typical class of go elsewhere. willing to consider first-year hiring, estimated $10,000 for the Lawyers Cl ub. summer starters will have 38 students But the report goes on to quote Admis­ and indulged in some blatant puffery." In addition, Dean Eklund is quoted in who receive aid for more than 6 terms sions Officer Allan Stillwagon as ap­ Nevertheless, in a footnote to the com­ the report as saying "there would be

Editor in Chief· Ruth Milkman Managing Editor: Bruce Viel melli Polarization Politics: News: Ktvl n Tollls Opinion: Andrta Lodahl Feature: Michatl Dunes Arts: Carol Shepherd Whose Side Are Yon On? Law in the Raw: Dana Deue, Stacey f isher. Nora Kelly Sports: teve Hunter Business: J . Kachen Kimmell By An drea Lodahl especially moral to choose to represent those who Photography: Dean Bruza Rather than try to write a detached essay for the need it most. I don't see how it rationally follows , Graphics: Eric Hard, Arthur Siegal Opinion page this week, I thought I'd indulge myself though, that a client who can afford the fee must be Staff' Kim Cahill. Bob Hafner. Mark Harris, Don l t­ in addressing my peers about a persistent thorn in a bad client. I could only arrive at that conclusion if zkorr, Lisa Ma rtin, J oe Mauarese, Liz McCoy, my side: the polarization of this commumty inter­ 1 condemned the accumulatiOn of capital in and of Elizabeth Peacock, Laura Kelsey Rhodes, Elizabethanne ms of legal roles. itself, and I'm not prepared to repudiate capitalism. uchwala, Joel Well Now that the interviewing season is over, maybe So I see no polar scale where "good" lawyers and poor people are at one end, and "bad" lawyers and The Res Ocscae u pubhshed .-ery Wednosday durina ohe S<:hool year by we corporate tools can relax and look our public in­ scudcnu 11 ohc Univctshy of Michigan Law School. Opinions uprcssed in terest buddies in the face again without feeling rich corporations are at the other. byhncd artie!« arc chow of 111< auohors. and do not n«asMily rcp

The Res Gestae encourages submissions for the semester has arrived with a note appended saying Opinion and Forum pages as well as letters to the " Please do not cut this without my permission." lf Editor. Everything must be typed and double­ they said please. So, one more lime: we will not spaced, and have a name and phone number where promise not to take liberties with your submissions Submissions the author can be reached. Although subjects although generally we try to restrict editing of relating to law school concerns are particularly en­ editorial pieces to length adjustment only. couraged, other pieces will also be considered. The best bet for seeing an unadulterated piece in Policy Debate and point come in calculating an applicant's ad­ under similar plans at other schools. that we don't know them all yet." justed gross income, and all expect A faculty committee intends to discuss The Jaffin program also s upplies graduates to utilize any federal loan the need and feasibility of such a stipends to second year students on consolidation programs that may NoMoreRG program at Michigan this year. summer jobs, Snook said. become available. Okay, folks, this is it. The last RG of Renda Johnson, director of financial If a graduate's adjusted gross income At New York University Law School, the semester. Just be grateful we aid at Harvard, said the plan was begun is less than $15,000, for example, he or the fi nancial aid committee has finally managed to put out an eight seven years ago after fa culty voted to she would be expected to pay $600 of proposed a loan repayment plan. pager okay? set aside money from the general en­ any annual loan repayment obligation, However, it has met criticism from an See ya next semester. New staff, dowment to finar.ce it. She said there and an interest free Jaffm award would ad hoc student group for its failure to same old stuff.

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By Carol Shepherd playgoer to choose from, but this play project is feasible or desirable, the get a production underway, Taber will In your hurry to get last week's will be a rare opportunity to see fellow name will be there then for them to use pass out scripts soon after auditions so business done with and wing your way students " in action." as well." that the players can begin studying home to the Big Feast, you may have Jines over the semester break. Rehear­ noticed auditions posters among the Set in the Upper Peninsula of Taber plans to present the play on a simple stage in the Lounge "primarily sals are tentatively scheduled to begin other papers cluttering the walls of Michigan, "Anatomy of a Murder" is the week that classes start up, and will old-fashioned small-town courtroom for the am usement of the law school Hutchins Hall. The auditions are for probably entail two or three evenings a drama at its best. (There's a lot to be community, a lthough the general the play "Anatomy of a Murder," week for the main roles. which second-year Steve Taber hopes said for the genre, considering the public will also be invited." There wi ll to produce and direct next term. 'if all recent success of Paul Newman's The be a small admission fee to recoup the goes well. Verdicl.) The book was originally expenses incurred by the play, and any Taber has already reserved the written by alumnus John D. Voelker, profits from a big turnout will go from Lawyers' Club Lounge for the weekend who graduated from the Law School in there to SFF. 'Choose Me' of February 15, 16 and 17 for the play's 1928. It was adapted into play form by Taber emphasized, however, that performance. The idea, according to E. Weiner, and was further adapted for funding SFF was only incidental to the Taber, is to "create an opportunity for the screenplay of the famous movie production of the play itself. " I wa nt to law students to become involved" in a "Anatomy of a Murder" starring a Short On put Oal this play because I know that law school oriented performing ac­ then-youthful Jimmy Stewart in the there are students here who, given the tivity. All law students are encouraged role of the crack prosecutor from Lan­ chance, would rea lly like to do to sign up to audition for parts, help sing (the State Capital and a Bigger something with drama at law school, Quality work lighting, help with the business City>. but don't have the lime to actively seek end of the production, or usher or sim­ According to Taber, the subject mat­ and compete for roles on campus. ply attend the performance in ter should be "a natural" with the law There are students every year who are February. school crowd, and the production has an interested in participating in the Law Options Taber emphasized that " while there economic advantage from the start: Revue, and this is similar. Hopefully, are many theater activities in the Ann actors participating in the trial scenes we will get the number of people we By Kim Cahill Arbor area, it is very hard to get a part can simply wear their interviewing need to put on the play, because I think " Choose Me" is an enigmatic film. in a play on campus," mostly because suits, and the rest of the costuming and that the students in the audience will campus productions are dominated by setting will cost very little, if anything.

TilE A:\1ER ICA:"\ BAR Tax Law Journal, $500, a nd $200, for fir­ Washington, D.C. WEDNESDAY, Dec. 12 and ends on Association/ Law School Division is st, second, a nd third places. respec­ 3) Finley, Kumble, Wagner et al. Friday, Dec. 21. A final version of the sponsoring its annual competitions: tively. The deadline is February 1, New York, New York exam schedule (including room The Client Counseling Competition a nd 1985. F or more information, call Fifty-six firms are now participating in assignments) will be posted on the first the National Appellate Advoca cy Com­ Donald Lansky at (313) 355-5000. the program. floor registration bulletin board furing the week of December 3rd. Please petition. Contest entry deadlines a re F INANCIAL AID : A booklet called FALL 1984, CALENDAR make a point of checking it for any last Nov. 30. "Supplemental Sources of Financial P lease be reminded that the fall term minute changes. In add ition, the Fa mily Law Section Aid" had been published by the Finan­ closes with a two- do an end. What they don't tell you is that not, of course, have the same •In my article FAMOUS MISTAKES •A "CA RDINAL" SIN is the name of a ll things come to an end, whether originality and in-depth analysis as my JN J UDICATURE, I looked at some of an artacle I began to write about the good, bad, or ugly. Take this Feature published works, but you may as well the biggest blunders in legal history. latest coup by the Stanford Law School. page. I have been getting up every know what you could have gotten, had One example concerns an attorney in It is wtdely known that conservative Sunday morning for three semesters the cards fallen differently. Here are Ketchikan, Alaska, named David Supreme Court Justices William "The now, trying to think of something in­ some summaries: Kaprillian. KapriUian, who clerked for Knife" Rehnquist and Sandra Day telligent to write in this column. Never Justice Brandeis in the 1937-38 term, O'Connor were classmates at Stanford even came close. Now It's time to pass forgot to proofread the memo be wrote finishing first and thard m their the torch (or the buck) to someone else. •IS J .J . DEAD? My older readers to Brandeis in Erie Railroad v. Tom­ graduating class. Always one for a may remember the untimely "death" pkins- the opinion was supposed to good story, I visited Palo Al to to get the Not that the Barnes era, as it has of BeaUe Paul McCartney in the late s tate that " (tlhere is Qn~ federal scoop on Number Two 10 that prolific come to be known, has not been a fruit­ 1960's, a rumor which is now known to general common law," not "(l)here is year, and was floored by his identity: ful one. ln my writings about such have been started by Fidel Castro. no federal general common law.'' none other than Has Honor Edwin diverse and stimulating topics as my Very few readers know that in the Kaprillian caught the error when the Meese III! Naturally. I got a little mail, my trip to Jackson prison, my early 1960's , rumor had it that opinion was published, but the damage suspicious and checked out the rest of biography of William Henry Harrison, Professor J .J . White had been run down was done and he was banished to the top ten. Would you beheve that the and dining out in the basement of Hut­ by a fighter jet while on vacation in Alaska. Another interesting story con­ next six were, 10 order. J ames Wa tt. chins Hall, I helped the RG become a Manitoba. Are the rumors true? I'll cer ns Judge Hand's famous ' 'risk Paul Laxall, Pat Boone, Jimmy truly national publication, with patrons never tell. But I can give you a hint: if utility" formula. The true origin or the Swaggarl, Nancy Davas, and Bonzo? I as far away as Saline and Muskegon. you play a recording of Frankie Vallie's B ; P x L formulation is a note written imagane it's no surpnse who will be the My name was even kicked around in "Big Girls Don't Cry" backwards at 78 by Hand to his secretary. in symbolic next appointees to the Court. Even the Stockholm in connection with the Nobel rpm's, you can hear a deep voice say, notation, that he wanted a bagel, death of Bonzo in 1973 won t prevent a Prize for Madwestern Law School "J .J . isn't dead. .. he just went Chapter specifically, pumpernickel with extra working majority of conservatives on l\-1inor Editors, but the coveted award Seven for a while" over and over again lox. His clerk thought it was a new the bench . at turns out that Jesse finally went to Enoch Helfer of the theory, and the rest is history. Finally, Helms lettered on the Cardinals' 1956 Grand Forks College of Law for his my article looked into an alleged polo team. Sources in Was hington series, "The Crisis of North Dakota's •In a somewhat different vein Is THE statement by Jeremy Bentham that he believe that the Court will begin sitting Inner-Cities." UNLIGHTABLE SPARK: A HISTORY was " kidding'' when he said our goal permanently in Santa Cruz as early as OF CHIEF J USTICE AND THE should be the greatest good for the 1988. To be honest, I should admit that I SUPREMES. Those of you who atten­ greatest number. have used up all of my good stories. As ded the last two Law Revues surely the roving consumer advocate of the remember that illustrious pack of So these stories are " the ones that got staff, I amazed you with my com­ mongrels, Chief Justice and the •In the current events area, I did away · · I've summanzed them for you, parison of rutabaga prices in Ann Ar­ Supremes. Brainchild of bassist Lear­ some research on the activities of the and now my creative resources are bor's retail market. As undercover in­ ned Barnes and guitarist Thurgood ELMBUSTERS. Apparently. a group totally drained. I have enjoyed writing vestigator. I exposed the fraudulent Douvan, the C.J .'s were first known by of concerned students is urging univer­ for the RG for the last couple of years, sale of " Writing and Advocacy such hits as Back In The U.C.C., saly officials to begin stocking "her­ and I appreciate the comments I have Outlines" to unsuspecting first-years. That Old-Time Common Law, and bacide ptlls" an anticipation of an attack gotten from my readers. M~ most fer­ Probably my most glorious moment the "due process song" Whole Loua of Dutch Elm disease on Ann Arbor's vent wish is that some lime an my legal came just one month ago when, in the Takin' Goin' On. The group picked prime fohage The ''Eimbusters", as career- just once, mmd you- I do face of desperate and well-organized up Oliver Wendell Sa iler , Cardozo they call themselves, admit that it is a something that's as much fun as pressure from the opposition, I threw in Kil lian, Sandra Day O'Biberstein, and symbolic act. but plan to take part in a working on this newspaper staff I'll my endorsement of Huey P . Long for Chief Justice Frankfurter "The Hot- "decay-m " on North Campus, probably be fired for at So what Law in the Raw compiled by Dana Deane Chicken Cops Things were so slow in Fort Fairfield last Ding Dong week that when a motorist complained about a chicken in his parked car, police arrested the bird. A standard ding begins wath a " I certainly en­ The final paragraph is some sort of expressaon of "C. Little," of Main Street, was booked on joyed meeting you,'' " H was a pleasure to have had confidence in your abilities to either land a JOb or charges of criminal trespass, criminal mischief, the opportunity to meet with you.'' " I enjoyed our finish law school in spite of their firm's rejection public indecency, assault on an officer and littering. recent conversation," or "Thank you for taking the One firm said "I wish you well in your remamang in­ Officers even ran a tape recording of C. Little time to talk with me." Then they a I ways tell you terviews.'' but I don't really know what they wish I being read its rights. where they saw you; "in Ann Arbor," " at wiUdo. Now that you've gotten the idea of a standard . ~ovember 20, 1984 Michigan," ·•at the Unaversaly of Michigan," or the more generic "while I was on your campus " I ding, I would like to quote from not-so-standard know where we were. Sometames I thank they put dings. After \\Tiling about how great everyone they New Government Terminology that part in just so that they remember where I was talked with was. one firm wrote. " Choosing among when and if they review thear £ile copy. them had been a difficult and perhaps inexact Instead of lastang peace we now look forward to The next paragraph normally includes a com­ process. While you made a very good personal im­ "permanent pre-hostility" and rather than crash plimentary statement about the other people the in­ pression on us, given the competition \\e had to landing, airplanes now have ··controlled flights into terviewer spoke with during the interviewing place perhaps undue emphasis on the collective terrain " These phrases were cited by a national process. "I was also impressed and pleased with judgment of a law school's faculty as evidenced by association of English teachers for their gross the number and caliber of your peers who inter­ grades. Undoubtedly this will cause us to miss misuse of our language. The wmning euphemism viewed with me," etc. This let-the-candidate-down­ some very good people for our summer program as was for the replacement of the word kiJJed when easy phrase is usually followed by a "our clerkship I think we have done in your case." If you think I d1scussing human nghts violat1ons: "arbitrary program is limited in size" disclaimer. These two am so great, why don 't you hire me in spite of the deprivation of life.·· can be combined. with the resultant "there is an collective judgment of the faculty? Also, is this a All Things Constdered, National PubUc Radio ever-increasang number of very qualified applican­ firm form letter? 1f so, you must have by-passed all November 21 , 1984 ts for such positions. from whom we must select the good people and flown-back all the lousy ones. ... only a few."