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In Brief Law School Publications Case Western Reserve University School of Law Scholarly Commons In Brief Law School Publications 1982 In Brief Follow this and additional works at: https://scholarlycommons.law.case.edu/in_brief Recommended Citation In Brief, iss. 24 (1982). https://scholarlycommons.law.case.edu/in_brief/24 This Book is brought to you for free and open access by the Law School Publications at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in In Brief by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Law Alumni News Bulletin Case Western Reserve University Autumn, 1982 in brief Number 24 Published by the Case Western Reserve A Letter University School of Law for alumni, students, faculty, and friends Editor from the Anne M. McIntyre Law Alumni Office Faculty Editor Dean Wilbur C. Leatherberry Professor of Law September 1,1982 Two months ago, I began my service as dean of the Law School, and I want to share some thoughts with you. The Law School first two months have been busy for me Alumni Association and the faculty as we have become 1982-83 Officers more closely acquainted. I have also Charles R. Ault, '51 visited with alumni in Cleveland (sever­ President al law firms and a luncheon meeting an exciting time. The air is full of talk about curricular reform (Is our writing Fred D. Kidder, '50 with alumni in April), Washington, Vice President D.C. (a small group in August and a program intense enough? Is it effective in teaching needed writing skills?), re­ Richard C. Renkert, '50 much larger one in May), San Francisco Secretary-Treasurer (at the ABA annual meeting), Los An­ search programs (including a new faculty workshop and a proposed con­ F. Rush McKnight, '55 geles, Phoenix, Akron, and Kent (the Annual Fund Chairman latter two mostly at individual offices). ference on the problem of toxic wastes), special events, and on and on. Our first M. Patricia Donnelly, '80 In addition, students and individual Visiting Committee Representative alumni have made it a point to stop by attention, of course, is on ensuring and visit about the school, their prob­ quality education. But I am equally Board of Governors lems and interests, and simply to say concerned about protecting the quality of our students, being prepared for fur­ Donald F. Barney, '79 "welcome'.' It has been an extraor­ James H. Berick, '58 dinarily warm greeting and I am ther financial aid cutlsacks, and addressing student concerns about Edgar H. Boles II, '73 grateful to everyone. The dedication Sheldon Braverman, '65 and loyalty of our graduates and other placement. Here each of you can make a signal contribution by contacting the John). Carney, '43 friends, students and faculty, and staff Beverly Coen, '77 Law School if you have not done so and are exceptional and ensure that the Byron D. Fair, '48 tradition of excellence will be making use of our placement service. (A convenient card is available on the Ben C. Green, '30 maintained. Rosaleen Kiernan, '80 back cover of this issue of In Brief.) I The climate at the Law School is Thomas J. LaFond, '66 can assure you that you will not be electric this fall. For the students it is George McGaughey, '75 disappointed; in fact, you will be doing the customary mixture of optimism and John S. Pyle, '74 anxiety. A new class of approximately yourself a favor if you do so. While it may not seem possible, the current Robert Reffner, '77 260 students — the Class of 1985 — Arthur J. Tassi, '79 began their legal careers on the 19th of graduating class is the equal of any we August. A like number of second-year have graduated — and that is an ac­ colade earned by only a select few of students returned, more confident of Cover their ability yet anxious to complete the the nation's law students. All in all, I believe the Case Western James J. Fillous was a distinguished wood- core courses such as Business Associa­ carver and sculptor. His carvings can be seen tions, Constitutional Law, Wills and Reserve School of Law is in excellent shape. Of course we have not solved all in the homes of Henry Ford, the Seiberlings Trusts, and Commercial Law and get on of Akron, the Hannas, Newton D. Baker, of our needs and never will. But we are with the task of becoming a lawyer. and the Van Sweringens. Mr. Fillous also financially solid, blessed with a dedi­ And an even more experienced group designed, among others, the ornate plaster- of third-year students joined their first- cated staff, filled with talented students, work of the Ohio and Allen theatres in and served by brilliant teachers com­ and second-year brethren at the same Cleveland, now restored and preserved mitted to rigorous standards, creative through the efforts of the Playhouse Square time. They had relatively little doubt scholarship, and community service. Foundation. Mr. Fillous came to this country about their potential as lawyers — most I will be reporting to you at greater from his native Bohemia at age 12. He started having clerked in law jobs during the whittling at age 11 and served many appren­ summer — but were increasingly length shortly. Indeed, the Visiting Committee will be at the Law School on ticeships in Cleveland to perfect his art. A anxious about job possibilities. collection of his work and tools is displayed the 24th and 25th of September and I For the faculty and staff, the opti­ at the Western Reserve Historical Society. will report to them in person. Hopefully mism is more pronounced. Each new This bust of Abraham Lincoln was given to our paths will cross soon and often class renews our hopes and provides the Law School by William L. Ziegler, '55, during the year. Please accept my yet another opportunity to teach the a partner in the Cleveland firm of Ziegler, sincere thanks for the warmth of the Metzger, Miller & Hoppe. It can be seen near best class ever. To be sure, classes now welcome you have given me. I am the entrance of Gund Hall in the Law seem to start in the middle of the sum­ honored and pleased to serve as your Library. mer long before any of us really feels Photography: Mike Sands ready. In that regard we are victims of a dean. calendar which ensures that students Ernest Gellhorn complete their examinations before Christmas and leave us with bluebooks Ernest Gellhorn is the Galen J. Roush as an early holiday present. Professor of Law. Most recently, he was the T. Munford Boyd Professor at the University As the weeks and months go by I will of Virginia. He holds B.A. and LL.B. degrees be meeting more and more of you and from the University of Minnesota. talking with you (as well as faculty and students) about the needs and oppor­ tunities of the Law School. It should be Warrantless Searches: The High Court's Bad Switch by Lewis R. Katz A true measure of how well any the Ross case paid lip service to that an individual by going out in public in society cherishes its freedom is how doctrine. an automobile has a diminished privacy carefully it polices its police. Recently The value of a warrant is that it interest justifying a warrantless search the United States Supreme Court (in the interposes a judicial officer between a of the entire vehicle. Ross case) markedly diminished the citizen and overzealous police. Its pur­ The justices have yet to explain American society's protection from pose is not to prevent a search but to convincingly why riding in a vehicle overzealous police. The court reversed assure that a neutral and detached judg­ diminishes an individual's legitimate a decision of the court of appeals for the ment is made that facts exist which expectation of privacy in a locked District of Columbia and reinstated a justify invading a citizen's privacy. If trunk. Ultimately, the court even sug­ conviction based upon the warrantless the facts accumulated and known to the gested that the automobile exception search of packages found in the trunk police officer amount to probable cause was justified because requiring police of a suspected drug peddler's car which to believe that evidence will be found in to seize a vehicle prior to a search had been lawfully stopped and the place or object to be searched, the would impose upon police departments searched without a warrant. magistrate authorizes the search. When the burden of having to tow and secure In allowing that search, the court, by the officer cannot produce sufficient vehicles while a warrant was obtained. a vote of six to three, reversed a deci­ facts to establish probable cause, the But the rule had already been extended sion that it handed down only 11 intent of the framers of the Fourth to cases where seizure of the vehicle months earlier. The change in heart can Amendment was that the magistrate prior to search had proven to be not be accounted for by the replacement of would deny the application for a only practical but desirable and where Justice Potter Stewart by Justice Sandra warrant. police had leisurely searched a vehicle Day O'Connor and switches in position Exceptions to the warrant require­ after towing it to the police station. by Chief Justice Warren Burger and ment were built upon necessity: they Until Ross, the court steadfastly drew Justice Lewis Powell. allow a police officer to conduct a the line at the automobile itself and The significance of the decision is search on the spot when recourse to the refused to extend the exception to not that containers may be searched if warrant procedure would result in the packages found in the car.
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