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Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History The Advocate Student Publications 10-1985 The Advocate The Advocate, Fordham Law School Follow this and additional works at: http://ir.lawnet.fordham.edu/student_the_advocate Part of the Law Commons Recommended Citation The Advocate, Fordham Law School, "The Advocate" (1985). The Advocate. Book 138. http://ir.lawnet.fordham.edu/student_the_advocate/138 This Book is brought to you for free and open access by the Student Publications at FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in The Advocate by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. FORDHAM LAW SCHOOL VOL. 18 NO. 1 © THE ADVOCATE OCTOBER, 1985 HARRIS RESIGNS By Nick Fengos Professor Catherine E. Cronin-Harris, Director of the Clinical Program, resigned ef­ fective September 30, 1985. This ends a two year s~y for Prof. Harris at Fordham Law School. Prof. Harris, a 1971 Fordham Law graduate, is also a 1967 alumna of Marymount Manhattan. Upon her graduation from Fordham Law School she became an attorney for Westchester Legal Services where by 1973 she Mulligan F'malists rose to the position of Managing Attorney. From 1976 to '1978 Prof. Harris was a Teaching Fellow at Antioch Law School and in 1978 she SCHOMER WINS MULLIGAN became Director of the Administrative Ad­ "We're especially pleased by the fact that vocacy Clinic at Georgetown University Law more Fordham alumni participated as judges in Center until 1981. In 1981 , Catherine Harris Professor C.·Harris A record 135 second-and third-year this competition than in any other in recent was a Clinical Professor at Hofstra University students participated in the 1985 William years," stated AJ. Bosco, Editor-in-Chief of Law School and in 1983 Catherine Harris joined Hughes Mulligan Moot Court Competition, Fordham's Moot Court Board. The summer the FLS faculty . Prof. Harris leaves Fordham FORDHAM TO held this past July. Janet Schomer was award­ competition has become especially important in Law in order to become an Administrative Law ed best speaker, and Mary Fitzgerald and John enabling more evening students to take part in Judge in New York City. The Advocate wishes HONOR TWO AT Hart authored the best brief. This year's pro­ Moot Court activities than are able to during to thank Prof. Harris for her efforts at improv­ blem dealt with the " public safety" exception the regular school year. ing the clinical program at Fordham and wishes DEAN'S DAY to the Miranda rule, recently established in (Continued on page 3) her only the best of lucie in her career. New York v. Quarles, 104 S.Ct. 2626 (1984), CEREMONY and the right to counsel at pre-indictment (New York, NY) - Fordham Law School will identifications. MITCHELL CHARTS NEW COURSE -present its Dean's Medal of Recognition io Hon. Robert J, Callahan of the Connecticut By Stephen Fitgerald In the final round on Thursday, July 25 , Supreme Court and Hon. Bernard M. Shanley. Thomas Clark, Stephen Foresta, John Hart, and Claiming the existence of a "general such a referendum will generate _some con­ former cousel to President Eisenhower. at its Janet Schomer argued before three distinguish­ dissatisfaction" with what he calls an "unfair" troversy but he nevertheless anticipate that it Dean's Day Ceremony on Saturday. September ed district judges: The Honorable John Keenan, system, SBA president Stephen Mitchell has can result in a new selection process that 28 , 1985. The Honorable Joseph McLaughlin, and The promised a "huge" referendum on the Law rewards those students whose writing ability ' In announcing the selections. Dean 10hn D. Honorable John Sprizz6. Review selection process. Mitchell expects that warrants their acceptance on the Review. He Feerick noted. "These two men are leaders in discussed these plans in a recent interview with the community and dc\'cted to the ru Ie of law. The Advocate in which he outlined the course They have labored quietly to bring justice and ELECTION LAW CHANGES he hopes the SBA will talee in the upcoming reason to the affairs of life." By Michael B. Mangini academic year. Showing a lively optimisim' he Bernard M. Shanley is a 1928 graduate of The New York State Court of Appeals re- ed the Appellate Division opinion that an detailed his administrative goals on several Fordham Law School. He attended Columbia cently clarified an ambiguity in Election Law understatement of five was inconsequential er­ topics including the Review referendum, locker College for three years where he played third section 6-134(2) which resulted in city-wide at- ror and that there was substantial compliance space, elective exams, library hours and social base on the same varsity baseball team with hi s tacks on. the integrity of the designating peti- with 6-134(2). activitites. roommate, Lou Gehrig. Mr. Shanley enlisted ~ions of four (:ity Council hopefuls. In the most recent case. Staber, the Court of While admitting that his is an idea without in the U.S, Army in 1942 and served in Italy In each case the candidates had more than the Appeals stated that Hargett was not intended the "blessing of my fellow SBA members," and North Africa during the war. He has been number of signatures required for their can- to abrogate the doctrine of de,minimus non curaJ Stephen Michell hopes the traditional writing in vo lved with the Republican Party since the didacy, but the petition cover sheet overstated; lex, and that substantial compliance is suffi- (Continued on page 2) (Continued on page 6) • or in one case, understated the actual number cient to satisfy the statute. The court did not contained within. The variations were as few inted to aver, however, that all cover sheet as. two; the maximum was ten. discrepencies may be ignored. The heightened The Supreme Court, Special Term sustain- scrutiny required in election cases is the pro­ ed three chaJlenges. The only denial arose from duct of potential for abuse of the election pro- the case of the understatement. The Appellate cess and the damage such mischi~f would do Division modified , on the law and facts, by to the integrity of our political system. As the reversing the invalidations. Then, on August court observ~, ..... a too-liberal construction 28 of this year the Court of Appeals, in The of the Election Law has the potential for in- Matter of Staber v. Fidler, affirmed the validi- viting ... manipulations of the entire election ty of all four petitions. process. " The apprarent inconsistency in the law is the Yet, to sustain challenges to otherwise valid result of two August 28, 1984 Court of Appeals candidacies because of inconsequential error in cases. In The Matter ofHargett v. Jefferson the tabulation also carries the potential for injustice. court stated that section 6- 134(2), which re­ Too rigid an application places an inordinate quires, inter alia, that any designating petition emphasis on the letter of the law and neglects filed in two or more volumes must have cover its spirt. lfthe policy be~ind the law is ignored. sheets on each volume stating the number of the letter, as these cases point out, has the signatures contained therein, is a "matter of ,potential for becoming a partisan weapon in the substance and must be strictly complied political battle. with .. '." (emphasis added). In Hargett the It would appear that the Court of Appeals has overstatement approached forty per cent of the finally dispatched a year-old enemy of judicial actual number. economy and political justice. finally. The sole Special Term denial of invalidation Michai!l B. Mangini is a seco1Ul year stu­ was based upon The Matter of Jonas v. Blnck de"t at Fordhom lAw School. He earraed a ,(August 28, 1984). In Jonas the court affirm- B.A. at St. Joh,,'s University. Page 2 • THE ADVOCATE • October 1985 WOLFF COMPUTER MITCHELL (Continued from page I) * 90 DAY GUARANTEE ON ALL COMPUTERS competition for admission to the Law Review Many will participate and some will not. If he * FULL SERVICE ON ALL EQUIPMENT will be replaced by the submission of each * SUPPORT ON ALL SYSTEMS AND PERIPHERALS gets his wish the SBA will acquire as many elec­ * CLASS SCHEDULES AVAILABLE UPON REQUEST students legal writing project. "It's unfair," he tive exams as professors will provide, copy and added "that a student with above average grades 47 YEARS IN BUSINESS then sell those exams at little or no profit. Mit­ * and only average writing skills ought to be ad­ chell believes such a service will relieve the mitted on the Law Review over a student of libraries of ·a regular burden and provide average grade but superior writing skills_" students with cleaner and nlore useful copies. Believing that " people would take legal writing The SBA will continue to provide first year Kaypro IIX with much more seriously" he adds, " it would be students with free copies of their exams and healthy to dispense with the Reviews writing Mitchell hopes to supplement those with model competition and base selection solely on a answers. Before hi s organization can begin to Juki printer students legal writing submission." If it is move foward on those proposals Mitchell must decided to retain the competition Mitchell will receive approval from other members and the make an attempt to include the top fifty per­ professors. INCLUDES: • Wordstar • Mail Merge • Type-It cent of his class. He told The Advocate that he Sometime in early September Mitchell began • M Basic • Calc Star • Report Star • Info Star expects the SBA will '''go along with what I negotiating with Dean Young for the retention • Games • Mite say" and he jokingly refers to his four vote vic­ of twentyfour hour library service.

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