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Res Gestae Law School History and Publications

1977 September 22, 1977 University of Michigan Law School

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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]. NEW LIBRARY DELAYED DECEMBER START? Those of you who had fond visions of spending y,our closing days at the Law School safely entombed in the new underground library, surrounded by moles, worms, and tree roots, and protect­ UNIVERSITY OF MICHIGAN LAW SCHOOL Sept. 22, 1977 ed from the bright light of day will be disappointed for two reasons. Reflections: First, the proposed design calls for a 150-foot-long skylight which An Interview With Dean Theodore J. will not only allow sunlight to St. Antoine penetrate the depths of the build­ Ing, but will also allow users of [Editor's Note: Dean Theodore J. but I don't know whether the even the third (lowest) level a clear St. Antoine confirmed his intention University will let us start digging view of the present library. Second, to resign, effective June 30, 1978, until we obtain the last $2 million. it's unlikely that the library will be in a letter to President Robben I'm hoping to persuade the central ready for use before Winter term Fleming September 9, 1977. The administration to permit construc­ 1980. By that time only readers Dean served a full five-year term tion to begin as soon as we receive who have experienced extreme which ended in June, 1976, and an additional $1 million, because academic difficulties will still be was asked to continue as dean for past trends indicate that alumni around. another term. Preferring to return giving will provide another million The current plans call for some to teaching and research, but also over the next two years. The money 62,500 square feet of floor space on wishing to see the capital fund­ we have in hand would finance three levels. Earlier proposals for a raising effort through to a success­ construction through August, 1979, glass and metal tower which was to ful conclusion, Dean St. Antoine assuming the digging starts in include office space were scrapped agreed to serve another term on December. The plans being pre­ for reasons of economy and lack of the understanding that he would pared by the architect, Gunnar compatibility with the current resign after two years. Birkerts, will be completed by next Jacobean Gothic buildings. The What follows is the first part of week, so with University approval, plans as they now stand will solve an interview with the Dean conduc­ we could begin construction before the overcrowding problem in the ted by David Duperrault, of the RG the end of this year. stacks by providing space for about staff, on September 12. The Therefore, our immediate goal is 200,000 volumes. remainder of Dean St. Antoine's to obtain $1 million now, with the Of the eight million dollar remarks will be published in future expectation that the other million projected cost, about six million issues.] will be received over the next year dollars has already been raised. or two. This shortfall poses a serious threat RG: What are your personal plans (See DEAN, page 6) (See HOLE, page 3) for the period following your tenure as dean? St. Antoine: Tentatively, I plan to leave Ann Arbor for a year in order to give my successor a chance to (\_~~ get started without having me ' . -·· ·- L here, looking over his or her shoulder. I am not ready, however, \ to take an entire year off. I want to recharge my batteries before I \ devote a year to full time research. Probably I will teach for part of \ next year at another law school, perhaps one in another country. I \ assume that I will be back here at Michigan, teaching full-time, after \ that. RG: What do you hope to accom­ plish in your final year as dean? -I St. Antoine: The biggest objective for this year is to push the capital -z program through to completion. The campaign goal is a total of $10 -J million, of which $8 million is for the new library addition. We now UNDERGROUND VIEW from Architect's drawing have $6 million of that $8 million, Arrow shows how limestone reflects sunlight Page 2 1Rts ~tstur Rtf1lJ·[]~lY © 1977

THE RES JESTERS BY MMM f:'IEf:l[]R~ES

Dagwood ...... Bob Brandenburg The reception to the last ROM Dear LSSS: We used to have a Beetle Bailey ...... Ken Frantz column was the best yet--so far, I Coke machine in the game room-­ Brenda Starr ...... Carol Sulkes haven 't been mugged. Obviously, I now all we have is a metallic pile of Hagar the Horrible. Kevin McCabe must not have insulted enough junk. Please, would you get it Bugs Bunny . . ... Crusader Rabbit people. fixed, or at least rent one from the Brother Juniper .. Dan FitzMaurice *********** * **** * ************* company? If so , I 'II even withdraw Zonker ...... Steve Mehlman Let' start thing right with this t he " Thanks For Nothing" Award. Gil Thorp ...... Greg Need week's "Thanks For Nothing" * * * ** * * * * ** * * * ***** * *** * ** * *** Hazel ...... Stephanie Hazelton Award. By the way, first year people, Archie ...... Tim Knowlton May have the envelope, LSSS stands for Law School Dick Tracy ...... Joe Green please? ... And the winner is , the Student Senate. And when it comes Mary Worth ...... Mary Worth LSSS--for outstanding work in the to spending our money, it stands Charlie Brown ... Dave Duperrault "Useless Rules" category (library for almost anything (even funding Doonesbury ...... Mike Halpin Admissions Division). the RG). Momma ...... Helen Betts At exam time, the place is ******* * ** * *** *** **** * ******** crowded--and I won't say a word Is Professor Kauper really Steve about ru les during t·hat period. But Allen in disguise? The voice and now? Why bother? Has a single mannerisms are almost exactly the TO: Law School Student Organiza­ law student been unable to find a same. Let 's see--does Allen do a tions chair? Has each table been filled? routine on trademarks? FROM: Susan M. Eklund, Assis­ Are the lines to the john too long? Come to think of it, I still th ink tant Dean Besides, the new rule completely that Professor Kennedy looks like Last year many of us noticed the ignores the great entertainment the " bean buyer" on the Hi lis need for a system to avoid value of the library groupies--often Bros. co ffee ads (Harold Gou ld). scheduling various law school the only thing of value to be found Maybe Kennedy shou ld have spe­ &ct ivities at con flict ing times. in the library. Where else can one cialized in entertain ment law, Marge Demers, the department­ enjoy the spectacle of 75 under­ rather than bankruptcy. al secretary (Room 300 H.H.), will graduate spouse-hunters compet­ * ** * ** ** **** *** ** *** **** * * * *** keep a record of all scheduled and ing under jungle rules? Is there a mania for concrete on ten tatively scheduled conferences, ******** * *** * *** * *** * ********* (See MMMMore, page 3) banquets, etc. Report activities to her as soon as they are planned and we should be able to alert Avocado v. Filbert organizations to confl icts. Thanks for your cooperat ion. -U.S.- (1977) Plaintiff alleges that on the purpose of ingestion" by defen­ afternoon of May 21, 1977, defen­ dant and her relations. dant did willfully and wantonly, "beat, stab, skin, bruise, puncture GREEN, J.: and otherwise debilitate" plain­ While the emotional appeal of tiff's intestate with " quick, heavy plaintiff's case is strong, as blows" of her clenched fists and guardians of accepted legal prac­ with various actions performed tice we can do no more than affirm with sundry sharp instruments, the law as it has been established, I I£ WIN(, NTE~V including knives, can openers, and it seems to me that in this case awls, and pitchforks; further alleg­ our mandate is clear. By even the WANT TO SEE AN OCCASIONAL ing that these circumstances a­ most generous analysis of prece­ GOOD MOVIE AT THE LAW mount to trespass " abhorrent and dent, this court has been unable to SCHOOL THIS YEAR? grievous to the hearts and pits of find any grounds for recognizing artichokes and avocados, respec­ plaintiff's claim. The Film Committee needs your tively, world over." Plaintiff seeks We are, at f irst, left at great loss help in planning a film schedule, action in trespass for recovery of to discover any negligence. Ms. and in advertising and showing 59c, intestate's value as a fungible Filbert testified, "I fully intended movies. Persons with technical good. to do everything I did and I fully expertise in film projection and Defendants demurs, and coun­ realized aforehand any and all sound reproduction are especially tersues in nuisance for alleged consequences attendant upon my needed . Contact Jim Amodio at substantial infringement of her instigatory impetus.'' (Ms. Filbert 764-8941 or leave name and right to ''enjoy and otherwise eat · is an attorney by trade.) telephone# in the Film Committee certain goods, duly purchased with We must turn our attention then, mailbox at the Lawyers Club desk. sufficient consideration for the sole (See CASE, page 4) (Continued THE HOLE STORY· THE NEW LIBRARY · 1 from page ) . . source is st!ble enough to be relied second desk with limited hours: of to the whole project smce the upon. operation. The present readmg University is afraid that it will have If the University gives the okay room will probably continue as a to "bail out" the Law School with and enough cutbacks can be found, study area. its own funds if the Law School the project might get under way in The design of the new structure runs out of money with key December of this year. One faculty is one of the most modern portions of the building, e.g. the member feels that February is a imaginable. It is ''energy effi- roof, uncompleted. better estimate. There will be no cient" because it is underground. The University has already com- problem excavating in the winter Although the building will be fully mitted what Dean St. Antoine calls because the hole will go down some climate-controlled, it is expected to "a substantial sum" to the project, 50 feet, well below the frost line. use only one-fourth the energy of a but this amount is included in the The architect's design calls for a comparable above-ground struc- six million. So there remains what grand staircase of 48 steps leading ture. There are provisions in the the Dean jokingly calls "a small down into the building from the plans for later addition of computer problem of two million dollars." current reading room. There will terminals and microfilm readers. One way of making up the be about 350 study carrels in the Many people have expressed shortage is to cut .back the cost of new structure and each will have a concern about how an underground the building. The working draw- section that can be locked by the building effects its users. Will such ings are currently being examined carrel holder. It hasn't been an environment be conducive to in order to find places where costs determined how these carrels will study? The Dean has looked into can be cut, equipment installations be assigned. the matter and gives assurances postponed, and portions left tem- The 200,000 volumes to be kept that "very, very few people react in porarily unfinished. There are no in the new annex will be on open any negative way." In contrast plans to cut back the size of the stacks except for the reserve with the present dark, dingy, building. It is hoped that as much collection. It is not clear what will cramped quarters used by many as one million dollars of the be done with the current reserve law students for. study, the new construction cost can be put off desk although Professor Pooley, library should actually be an until more funds are on hand. the 'Director of the Library, is improvement. Pity you'll never get That still leaves the project about understood to favor maintaining a to use it. one million short. . Rather than postponing the project until this money can be raised, the Dean MMMMore hopes that the University will give (Continued from page 2) the go-ahead on the project so that this campus? Just across the the rest Follett the leader" ... an estimated 1% per month street, on the north side of the "Joan of Arc is alive and (medium) inflation in construction costs can Quad, there's a new stretch of well" ... "Do you trust in life after be avoided. It is estimated that the sidewalk; it connects two points estates?" . . . "Jesus saves, but Noah buys chattel paper." funds on hand will run out in already connected by a (slightly ****************************** August, 1979, before the structure doglegged) sidewalk, no more than Personal to the three law stu­ is complete. 15 feet away. dents who pulled the fire alarm in The Dean is confident that an Even half of the grass areas on "A" section, Sept. 10: Brilliant, additional million can be raised the Quad, between the sidewalk kiddies. What better time than while construction is under way. and South U, have been concreted. when the Club was jammed with His opinion is based on current Why? people at a dance, and all but one annual giving of about 500,000 per ****************************** exit was blocked? Really brilliant. Graffiti from around campus: year. The difficulty lies in convin­ Back to your sandboxes, turkeys. cing the University that this income ''When the bookstore raises prices, ****************************** Page 4 MUSIC NEW WAVE AND MODERN JAZZ traditional trio creation by Jarrett, competence on their instruments Timothy Sawyer Knowlton Haden, and Motian. It is strikingly although their compositions are Byablue-Keith Jarrett similar to many of the pieces on more entertaining and their per­ I admit that I do not particularly Columbia's Bill Evans Album. formances come off as more vital. care for the music of most of the "Trieste", also by Motian, is the The most successful band on the modern jazz musicians. I much album's other stand out. This is an record is DMZ which sounds like prefer the be-bop of such jazzmen intense, brooding composition the Ramones. Both bands follow a as Chari ie Parker, Dexter Gordon, which is a perfect vehicle for similar formula of three chord rock, Dizzy Gillespie, and Thelonious Jarrett's piano. their music sounding like a series Monk (my favorite pianist on my The album is well produced by of tuned power generators. favorite instrument). I find much of Esmond Edwards and the record­ Live At The Rat is patterned the modern jazz cacophonous or ing is crisp. My only objection to after Live At CBGBs (two discs, atonal. I ron ically, be-bop faved the album is its lack of liner notes, sixteen cuts, eight bands). CBGBs, similar resistance when it was a failing in almost every Jarrett located in New York City, was ,the coming in to its own in the late 40x album I've seen. first of the new wave/punk clubs. I and early 50s. (I have been accused like the CBGB album much better of adopting the same type of Live At The Rat-Various Bands than the Rat album. This is not mentality toward the moderns as The Rat is Boston's showcase of because the CBGB musicians are Cab Calloway displayed toward local punk/ new wave bands. (I use technically more competent , in­ be-boppers when he contemptu­ the terms "Punk" and "new deed, they are not. I prefer the ously referred to theirs as ''Chi­ wave" only because I don't have CBGB album because most of the nese music".) enough space to explain why these bands exhibit a unique style or Despite the iotroduction it is terms are a rather unsatisfactory personality. For the most part the with great pleasure that I report grouping of the many interesting Rat bands sound just like so many the arrival of an exceptional album new bands so classified). Live At other guitar oriented groups. by modern jazz pianist, Keith The Rat is a double album While only one of the Rat bands Jarrett. Byablue contains six com­ containing nineteen cuts by ten uses a keyboardist, most of the positions. Four of the pieces were bands. Most of the bands are CBGB bands do. The music is more written by Jarrett's frequent drum­ mediocre. Some of the bands such diverse. The CBGB composers also mer/percussionist, Paul Motian. as Susan, the lnfliktors, and have much more flair when it One selection is written by Jarrett Thundertrain actually contain indi­ comes to lyrics. himself, and the remaining piece vidual standout musicians (all of For those who like the punk (and the one I like best) was written Thundertrain's musicians, in fact, genre Live At The Rat is an by Margot Jarrett. Since Motian display better than average techni­ interesting collector's item. I would composed most of the music, I cal proficiency). The problem is not recommend it to others. For expected not to like it. The albums that their ideas are cliched, both anybody interested in hearing released under Motian's own name musically and lyrically. Their per­ some of the music of the new wave I find nearly unlistenable, particu­ formances sound flat and sterile. bands I wou ld suggest Television's larly his 1973 ECM release, Other bands such as Willie "Loco" Marquee Moon (the new wave's Conception Vessel. Motian's writ­ Alexander Boom Boom Band, Sass, one classic work), the Ramones, ing for Jarrett, however, is precise­ and the Real Kids lack any real 8/ondie, and Mink DeVille. ly that, for Jarrett. As to the music itself, "Bya­ (Continued from Case of the Avocado blue" which opens the album, page 2) displays the tight and pleasing to the question of whether Ms. account in prescribing standards sound of Jarrett and his frequent Filbert's behavior constitutes a for reasonable care. Memorial sidemen - Motian on drums, failure to exercise due care. Hospital of South Bend, Inc. v. Dewey Redman on sax, and Chari ie Defendant's counsel seeks to have Scott 261 Indiana 27, 300 N.E. 2d. Haden on bass. These men have us recognize as negating evidence 50 (1973). In this case, it was recorded some fine quartet works Ms. Filbert's statement, "I care, I decided that plaintiff could not be for Impulse and Atlantic records. care. Really, I really care." With expected to flush toilets properly, The album closes with a lilting solo all due respect to Ms. Filbert's given his status as a reasonably version of '' Byablue'' played by sentiments, however, this court prudent impaired individual. It is Jarrett on piano. "Konya" and does not feel that that would be an clear, therefore, that the Court parts of "Yahallah" display Jarrett appropriate move. must ascertain reasonable and on soprano saxaphone and remind Instead, we have asked our­ prudent care for a person in like or me of much of Rahsaan Roland selves the inevitable question: similar circumstances, and not Kirk's work on Atlantic. "Yahal­ what would the reasonable and necessarily for that of the average lah", a Motian creation, strikes me prudent woman do in like circum­ individual. as over ambitious-a splicing stances? In this case, it appears In assessing the standard to be together of musical segments that additional clarification is ne­ applied in the extant case, we must which do not seem to work as a cessary before proceeding further. take note of the myriad of facts unified composition. "Rainbow", It is well established that the brought out by the defendant in written by Margot Jarrett, is a physical and mental disabilities of trial court indicating that a special lyrical piece played as a fairly an individual must be taken into standard should be applied to her. Page 5 CASE LEXIS INFORMATION

AVOCADO v. FILBERT LEXIS SHEET session, which takes approximately As you may know U of M Law two hours. (Continued from page 4) School acquired LEXIS (computer­ Instead of laboriously summarizing ized legal research) from Mead LEXIS CONSULTING HOURS them here, we are inclined merely Data Central in November of 1976. During the times identified on to recall counsel 's brilliant summa­ The Law School rents the machine the schedule as consulting periods tion of the factual material , which from Mead at a flat rate for the use student consultants are available to indicated only that, "indeed, Ms. of UNIVERSITY OF MICHIGAN answer any questions you may Filbert is a rare individual. " LAW STUDENT, FACULTY OR have concerning the use and Here we are left at an interesting STAFF FOR LAW SCHOOL PRO­ operation of the LEXIS system . Use crossroads where all signals seem JECTS ONLY. Our contract with of LEXIS during these periods is on to leave us with no conclusion but Mead prohibits the use of this a first-come, first-served basis, that there is only one way to go. Or, LEX IS in connection with employ­ subject to interruption at any time as Justice Frankfurter once very ment in which fee-paying clients for consulting purposes. eloquently put it: ''why did the are being represented. Apart from chicken cross the road? Why, to get that restriction, law students and RESERVED HOURS to the other side.'' And so, to get to faculty are encouraged to acquaint During the times identified on the other side, we recognize that themselves with the use of the the schedule as reserved hours use the extraordinarily unique facets of machine, which is located in Room of LEXIS may be reserved for V2 Ms. Filbert's character present us 310 at the West end of the Reading hour periods by signing up for a with no choice but to adopt the Room, on any legal questions that slot on the Reserved Hours Sheet standard of "what would a reason­ interest them. posted on the door to the LEXIS ably prudent Janet G. Filbert do in A schedu le of the hours when room. You can only sign up for one like or sim ilar circumstances?" At LEXIS is available for training or such slot per evening but may this point our remaining argument open use is provided as well as continue us ing the machine if no runs a course exactly opposite that times when student consultants one signs up for the slot following of the expected res ipsa loquitur, will be available to answer any yours. viz. , that the non-neg I igence of the questions you may have concerning defendant may be inferred from LEXIS. The telephone number is LEXIS PROTOCOL the mere facts of the situation. For 764-3204 . During open hours there is no in answer to the question , "what time limit on searches if no one is would a reasonably prudent Janet LEXIS TRAINING SESSIONS waiting to use LEXIS after you. G. Filbert do in like or similar Sign ups for training sessions are Should someone come in and wish circumstances? " we must invoke posted on the door to the LEXIS to use the machine, the person the ancient legal maxim, " she ROOM. The LEXIS PRIMER, on currently on LEXIS has 15 minutes wou lde do that which she hath reserve at the front desk, should be to complete his or her search and donne.'' read before attending the training relinquish the machine. Under this rule we adjudge plaintiff to have exercised all due care. In that she is not negligent, L£XIS HOURS we hold her not guilty of trespass. M T. " .. ... F s,~ So.> ' c c c. c I "' WASHTENAW COUNTY COURT "T I TRIAL II . c "T c. T A visiting judge of the Washte­ c. T c. c. c ' naw County court will be conduct­ c. c. c. ing a trial in the Moot Court room R c. c every day during the month of • ------·---- R c c. c: September. Please feel free to ··- -· attend. ' R T T c. T g >6: , R T I T A ATTENTION: COMMITTEES .• R T T T T T T If any L.S .S. S. committees or any ' " other Law School committees want . R ~ Ope-. \4o"'"'l = u ... -.o. ... loc. D\) give the food service at least ten C.tosl.'b:=. ~ days notice. Page 6 DEAN DISCUSSES CHALLENGES TO LEGAL EDUCATION (Continued from page 1) Another importan t responsibility of mine will be to keep the faculty happy, harmonious, and in Ann school are very valuable to all Arbor. I hope to continue to practitioners, at least those of the succeed in foiling the efforts of caliber of our graduates. lnter-dis­ other law schools to raid our faculty cip.linary work should be a part of to fill deanships, faculty chairs, every student's legal education . and so forth. The faculty have There is a sort of triad of resisted these blandishments for qualities which we hope to impart the most part, I am happy to say. I to students at this law school. One am very proud of this faculty. Its is to develop the analytical powers members offer a rich variety of of our students, and I think we do a extraordinary talents. We have good job of that. We also try to give brilliant scholars and scintillating our students a sense of objectives, classroom performers; some are an understanding of what the law thoughtful, some thought-provok­ should be trying to achieve. Here ing. We must recognize that the law must look to other fields for although their interests an d talents guidance, and that is why inter-dis­ are diverse, their value to this ciplinary studies are so important. inst itution is enormous. continuatly re-examine the curricu­ The third area, that of develop­ A task that has troubled me lum and , if necessary, modify it to ing the skills which a practicing throughout the t ime I have been make it ·more realistic and mean­ lawyer needs, is the one where we j ean has been that of improving ingful. Curricular reform is a are least effective. The clinical law rapport between the faculty and recalcitrant beast. Everyone--stu­ program and courses like trial students, and among students, for dents, faculty, alumni--is an expert practice, lawyer as negotiator, t hat matter. We're at a disadvan­ on what courses should be taught, writing and advocacy, estate plan­ tage because this is such a large and any innovation is bound to ning, business planning and law­ school , and because the faculty­ tread on someone's toes. One yers and clients, do help to provide student ratio is not high, by any person will be forced to reorgan ize a foundation for practice. But the means . On the other hand, Ann the content of a course he's been challenge facing legal education A rbor is small, so people are able teaching for many years, and today is to improve its ability to to return to the school for evening another may be required to re­ teach such skills as drafting, events. Also, the Lawyers' Club is search and master a whole new negotiating, counseling and court­ a facility which is conducive to body of material. Others may be room techniques at a time when developing better relations within forced to stop teaching a subject higher education is feeling a sever the school. Visitors often comment they enjoy. There is tremendous financial pinch. The law school has that this faculty is unusually resistance to programs, such as an traditionally been one of the cordial, to the visitors and to each expanded writing course, which cheapest schools in the university other. Perhaps students don't involve the time-consuming drud­ to operate; thanks to the "produc­ perceive them to be cordial, but gery of reading dozens of essays. tion line" method, which features a they really are. I think that the integration of single professor lecturing to 100 Sue Eklund, and Rhonda Rivera other disciplines into the tradition­ students. Clinical programs, on the before her have done an excellent al law school curriculum is very other hand, are very expensive job of reducing the anxiety and important. Too many students are because of the close supervision confusion which are an unfortunate ignoring courses which combine and low faculty-student ratio which part of being a law student. I am legal problems with those of they require. To be candid, we're delighted with the way they have econom ics , sociology, psychology, not going to get the additio11al helped to meet students' needs. government, international rela­ funds for these programs from the Additionally, the students who tions, medicine and other sciences, central administration, because have conducted the orientation history, language, philosophy and they don't have it. Whereas the programs for first-year students other disciplines. English and Classics Departments have made an important contribu­ RG: Are you referring to the have nowhere else to turn for tion. This breaking-down of bar­ programs which are offered by funding, law schools can appeal to riers is another goal we will other schools withing the Univer­ the bar, both to individual alumni continue to seek to achieve. sity in conjunction with the law and to bar organizations. The RG: Beyond the topics you have school? practicing bar benefits from im­ just discussed, what are the major St. Antoine: I was thinking of the provements in legal education,. and challenges facing the law school in courses in the law school curricu­ the "legal establishment", bar the years ahead? lum. The joint degree programs are associations, bar foundations, law St. Antoine: This is not so much the useful for the few who will become firms and professional corpora­ dean's problem as it is a challenge government policy-makers and so tions, should support the law for the whole school; we must on, but the courses offered in law schools.