University of California, Hastings College of the Law UC Hastings Scholarship Repository
Hastings Law News UC Hastings Archives and History
2-4-1992 Hastings Law News Vol.25 No.4 UC Hastings College of the Law
Follow this and additional works at: http://repository.uchastings.edu/hln
Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.25 No.4" (1992). Hastings Law News. Book 194. http://repository.uchastings.edu/hln/194
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
San Francisco, California FebrlUlry4,1992 West Block Developer Tapped; Board Approval Hearing Set Activists Protest: Hastings Says it's too Soon to Talk
By Martha Bridegam ThePlanmngCoaJition,aswcll thaI in any event Ihechoiceofa dcveloper was not particularly COf'VEOITOR as student members of the Na tional Lawyers' Guild, wants to important because the chosen 1belalesl WestBlock.baltleis see HaSlings build low-income company would only serve as a over whether it's time to fight. housing available to the general consultantwhlleHastingsretained Tenderloin neighborhood ac· public to replace Ihe units in control of the projecL Debley tivists like Kathy Lu of the North buildings il has torn down in past saidthedeveloperchoseninFeb of Market Planning Coalition say years. Hastings' priorities ap ruarywillnOlnecessarilypcrform it's time. Lu says Hastings' parently 10 build student housing the construction. PHOTOIVDD:uBErCHEr Special Propeny Committee ha~ on the site, although college plan "Hopefully people will see Bra/her Kelly CU/ltfl otTenderlojn Youth Ad"auJits addresuJ a recommended oneor the nation's ning chief Ed Levine said aU the once we get 10 the nellt phase of crowd outside lilt 100 building. Tile group protest~d /lle I their existence to a divine power, ni7.auons such as the Califomia By Rurr Reiter By Joe Vadala speech, going back to the ACLU's notevolution from other animals. based Institute for Creation Re "Skokie"case,in whichtheACLU STAFFWRrTER STAfFWRrrER Seott traced the legal history search (lCR) began seeking sci defended a Nazi group's First Sixty-eight years after a Ten ofcrcationism in the UnitcdStates, emific evidence to suppon their More than 25 speakers came Amendment right to march nessee schoolteacher was oon from the Scopes Trial in 1924 to literal Biblical interpretations. from alloverthecountry toattend through a predominantly Jewish victed as a criminal for teaching the 1971 Lemon ease to the ICR, the largest American orga the conference held at Hastings community. the theory of evolution, parents, prescnL In umon, the Supreme nization dedicated to the cre Jan. 31 and Feb. 2 entitled 'The Alsoamong Friday's speakers teachers and activists arc still COWl laid down a three-prong ationist cause, publishes news Theoretics of Practice: The Inte was Nancy Polikoff from battling over which version of test to analyze the constitutional letters, produees travelling semi gration of Progressive Thought American University's Wllhing human origins should be taught validity of St.:ltutes affecting the nars (one of which recemly drew aoo Action." The conference, tonCollegeofLaw. Shediscussed in public schools, the director of a crowd of7,000 in Sacramento), presented by lIaslings Law the problems faced by a lawyer the National Ccnter for Science "There is a great and writes te.l'.lbooks which it Journal and Hastings lVomtn's who identifies him or herself as Educationlold Hastings students deal of ignorance seeks to inscn into public school LawJournal, addressed topics as being part of a movement while last month. about what evolution curricula. Scott showed an iUus varied as racism, feminism, gay representing others in that same "Creationists are wet! orga tr3tion from one such book, writ aoo lesbian civil disobedience, movement. Polikoff recalled nized, well financed, and very is in this country." ten for third-graders, that depicted First Amendment absolutism, in some ethical dilemmas she con active," Dr. Eugenie Scot! said in - Dr. Eugenie SCOIl a 10inclot11ed man in a saddle atop ternational housing problems.and fromed as a lesbian activist rep aJan.30speechsponsorcdbythe aNinjaTun.le-styledinosaur. The police miscondUCL resenting other gay or lesbian Student Association for ReligiOUS church-stateseparatiOll. caption read, "Bulldozers have "The purpose of this confer activists who committed civil FrcedomandReligiousMinorities According to Scott, during the uncovered fossil footprintsofmen ence was to explore the possibil disobedience. She said similar (STARR). She said her 2,800- 19S0s and '60s, creationists 300 dinosaurs together in the U.S. ity of integrating modem legal problems have arisen when ac memberorganization was formed sought to have their views taught This shows that man and dinosaurs theories such as feminist theory, tivist lawyers of color have rep in 1981 by scientists and educa in the public schools in lieu of or at least lived at the same time." critical race theory and critical resented civil rights protestors. tOO in response to the growing alongside evolution. During the The 1971 unum test, anath legal studies into pracLice," said On Saturday, Dianne Martin, strength aoo political sophistica 19705, as the legal backlash ema to the ercationist cause, asks Tony Alficri, a professor at Uni academic director of Parkdale tion of religious activists. While against the creationists grew whcther a Statute's purpose is versity of Miami School of Law Community Legal Services, Inc. creationists' views vary, they stronger, the doctrine wascloaked secular, whether its ultimate ef- and a conference organizer. Mr. inToronto,Canada,describedher share a belief that humans owe in the garb of science, and orga- C"1fti""rQ",,PageI2 Alficri called the conference "an experiences and research on po historic event which will be be lice misconduct in Toronto. She cited for the next twenty years." said thaI of the 900 complaints After a welcoming address by against the 7,500-membcr Wanda G. Hestian Dies at 36; Hastings professor Richard Toronto police force, only six of Boswell, nine speakers presented the complaints had reached a ci Classmates Mourn a "Dynamo" theirp humor who fought her private law schools in the country," she Hestian as "a dynamo. H "She battles with a courage only those said. "I don't know that every waselcver, she was funny, she let who knew her well could under body understands that here, but me understand some things [ stand. Hastingsdidas much as theycould didn't understand," Oppenheim "Ihaveleamcd that sometimes for her." said. it takes more courage to put one Peters said Ms. Hestian chose Classmate Steve Allen pre foot in front of the ot11er than it todieafterdriving tovisit a friend sented Peters with a contribution takes to facea thousand dragons, ~ in her native Oregon. from the class for "Break the Peters IOldthegroupinaprepared ''11lelastfewyearsofWanda's Cycte--tl1eNationat RidetoStop tribute to her sister. lifehavebeenpanicularlydifflCult Childhood Sexual Abuse." Peters Ms. Hestian worked as a for her, and she spent much time aoo theride·s founder, Catherine technical trainer at Hewlett attempting to make sense of her Foote, plan to ride bicycles across Packard, thcn endured five years life, hcr fears, and her longing for the country, stopping for rallies ofintermittemhospit.:llization for death; a longingsostrongthat I'm and meetings with legislators what was diagnosed as multiple sure the only thing that kept her along the way, \0 publicize the personality disorder. Last year, here for so long was the knowl need to SlOp child abuse. They Hestianchosetobecomea lawyer edge that thoscofuseloses( toher plan to bring messages on the ---fo.--- inordertoworkagainstchildhood would be sad and hun by her subjccttoFirstLady BarbataBush abuse, Peters said. She took the leaving us," Peters said. in Washington. The ride is the JUSTICE LSAT while institutionalized, Peters said her sister made her designated recipient for donations scoring450utof 48. When school own surname, refusing IOtake the in her memory. The third annual Hastings Race for Justice will beheldon Saturday, Staned, she moved to McAllister name of her father or of the hus In addition to Peters, Ms. March 1, at 8 a.m. in Golden Gate Park. Last year over 200 runners Tower and lOOk up the stressful band she married at 17. She and a Hestian's survivors inelude two registered for the SK event, held 10 benefit a Tendcrloin children's life of a law student. former par1nCr took the name of other sisters Jacquie Johnson and clinic established with the proccedsofthe inaugeral race, held in 1990. ''1banksgiving time, she was Hestian from Hestia, the Greek Jean Collins,anda brother, Roger Hastingsstudents and others can "either race, walk or buy a T-shirt for again wrestling with overwhelm goddess of the hearth, Peters said. Peters. a great cause," according \0 officers of Phi Delta Phi, the Hastings ing depression, and was hospital- Professor Kate Bloch, who Student group sponsoring the race. FtlNuary4,1992 1Ia$liflg5LawN~s Page 3 New Media Rules Imposed "Ask Me No Questions ... " NEWS BRIEFS By John Z. Holtrichter which was revealcd at a meeting cerned, the college wants to be as NEWS EDrro~ of a West Bled:. tenants' group infonnative as possible. "Man warned Hastings securily officers agementreally can't sit and talk Commencement Speaker Chosen Tom Debley, Hastings' new against speaking to the media. to individual students" at length, director of community relations, CitingaLowNews article in which Khachadour said. Humorist and syndicated columnist An Buchwald has has emerged asa central figure in a security officer was quoted, the Khachadour stated two rea accepted an invitation to be Hastings' 1992 graduation enforcing a new policy regulat memo, from Hastings Security sons for this new policy: First, "a Speaker. Graduation ceremonies will be held May 24. ingtheschool'srclationshipwith Chief Tom lohn Ophcim, said in lot of the reporters simply float Burger to be Founder's Day Speaker the press. part, "In the future I will expect aroundaskingquestionsofpoople Debley, who was assistant that all Officers will let me decide who necessarily are not the best Retired Chief Justice of tile Supreme Coun Warren E. manager of the Office of Public what may be officially said to the ones to know what's going on." Burger will be the 1992 Founder's D'dY keynote speaker. Information at Berkeley forscven media,or refcrallreportersto Tom Second, sheclaimsa greatdwl of Founder's Day is scheduled for March 6. years, is Hastings' first profes Deblcy.H seniormanagement'stimeisspent sional public relations coordina The new policy applies to all answcringlhesamequestionsover Community Comment Board Update tor. His predecessor, Bob Irwin, media conlOCt with the school. and over again for reporters. who retired last year, was hired According to Khachadour, the Dcbley offcred an additional ra Thc Community Commcnt Board is almost here. "!t's 90 primarily to produce the alumni policy "wasn't anytlling directed tionale for a morc managed ap percent there - the only thing left are the last details," said newsleuer. By contrast, Debley at the Law News," but the new proachtopressinquiries: "Oncor Associate Academic Dean H. G. Prince. The frumc and locked seems to view his production of policy will treat thecollcge'sown the things that oftcn happens in covcrfor the board have been installed in the 198 Buildingacross the alumni publication,llastiflgs student paper "the same as any institutions is, people will get an from Room A All that is lacking is a backing board sign and Community, as JUSt part of his othcrncwspaper." initial calL.somebody begins to DcanTom RcaSan Francisco cides whether other staff mem porter would automatically get a Debley says his job is to administrator, has begun work in the six-month position as bers will be penniUed to com lot more time and attcntion" be "hopefully not cause communi coordinator of the Hastings Studcnts with Disabilities Program. ment Last semester, a memo cause, where an article is con- Continued on Page 11 Deason'sjob description calls for her to create "an organiza tional plan" that would serve 60-100 sllldents. Chief Financial Officer Joan Majerus said the money is available to hirea full News Analvsis time, pennancm director for thc program Deason will design. It is not clear. however, whether Deason will stay on past July. Working under DirectorofStudcnt Services P-,I[sy Oppenheim, Special LEOP Sections Questioned Deason is in charge of creating fonnal procedures for working whethcr LEOP students needed with disabled students, such as guidelines for documenting By Toni Novick have an outline bank, and these extrasuppon to compete. Hesaid are supposedly our beSt and disabilities and standan:lized procedures for the note-taking ser STAFFWilITElI. vice. Tn the past, disabled scrvices have been handled on a case he knew of LEOP slUdcnts who brightest and they haveoutlines by-case basis. Deason has also been asked 10 hold a separate Amid the national backlash had srrongacademic backgrounds so how fairis that? And in college, meeting with each disabled student. against affirmative action, when they came 10 Hastings and f ratemities have [banksol) exams Deason is a specialist in learning disabilities. She holds an who, with thecxuahclp,groduated and outlines," he said. Naficy Hastings' own Legal EdllCation undergraduate degree from the University of North Carolina and with A averages. "That's nOI Opponunity Program (LEOP) said that in Hastings' competitive a master'sdegree from New York University. Afterseveral years making the playing field equal," has been the object of criticism environment, "they're uncom of teaching and coordinating special educauOII in grode schools, among some students who claim he said. fonablewithsomeoneelsegetting Deason moved to City College in 1987. There, she worked on the its special programs give par something they don't have." recruiting, placementandaccommodation of students with learn ticipants unfair advantages. Taylor said many studcnts do ing disabilities and related handicaps. LEOP director Hilda Taylor said "[T}he situation is notrealizethat theLEOPprogram tllis kind of questioning goes on a real 'Catch-22;' is "self-selecting:" any applicant Fret Historic Walking Tours or the Haight every year. "I've attributed it to to make the playing to Hastings may apply for admis misunderstandings about Ihe sion under the program byclaim Under the sponsorship of the Friends of the San Francisco program'spurpose.H field equaL, Ihere is a ingadisadvantagingcircumstance Public Library, City Guides lead a FREE walking tour of the "'The reason there is a LEOP need for programs within LEOP's criteria. Disad Haight-AShbuty District every first and third Sunday at I I a.m. program is that there are people vantages run thegamutfromeco Tours mcet at the library at 1833 Page Street, Formore info,call whowanttobecomelawye~who addressing the needs nomic disadvantages to physical (415) 5574266. will be very successful law stu of disadvantaged or learning disabilities to minor dents and attorneys. However. students, but creat ity status. "The key is not, 'Have Hastings Stops Efforts to Change Officers' Status they are overcoming circum you been disadvantaged?'" said stances, events or conditions ing 'another exclu Taylor. "[t is, 'Have yOll been Hastings has suspended its efforts to have campus security which have interfered with their sive thing' may not disadvantaged in a way that limits officers reclassified as peace officers. Theeffon, which would ability 10 fully prepare for and or interferes with your ability to have given tlle security officers greater police powers, has been pursuea lawcarcer,HTaylorsaid. be the best answer. " fully prepare and compete in law stopped because of administrators' fears about whether security Hastings' LEOP program, school?'" officers can be tnlsted with confidential information. According established in 1969, provides But Babak Naficy, a second "Now, for those people who to a memo sent by Edward Levine, Director of Facilities Plan academic support to approxi year LEOP studcnt, said the aca think thai LEOP allows people to ning and Managemcnt, to John Opheim, Chief of Safety and mately 20 percent of each enter demic suppan given LEOP stu come in and take places thatmore Sccurity, "[TJhe Administration is now qucstioning the propri ingclass. In the first ywr, that dents was no morc unfair than deserving people ought to have," ety of providing our officers... access to the confidential infor suppon consists of discussion similar suppan programs orga Taylor said, "there are no more mation" which would be available to Peace Officers. "Accord groups, outlines and organiLCd nized by student groups allover deserving people." ingly, we have decided to suspend current efforts relating to the exam practice. thecountry. "I know people in the COl1rinsudonNe:4l'o.ge reclassification." One student questioned [/las/ings Low JQIUIltlf] and they Page 4 f/aSlings Law News February 4, 1992 "Nothing's going to happen real soon" on the West Block. Conliltu~dfro", Pilg~ 1 allofthisthatinfocttherewereno Teny Francke, counsel to the cleared in 1989 when Hastings HasLings toreplace the units with developer was supposed 10 be plans hatched ... [that] in fact, we California First Amendmcnt toredownbuildingscomaining84 new apartments or hotel rooms. picked by May," he said. area public agency, nota private Coalition, said the Brown Act housing units which had been va- Some picketers said they Shaw speculated that Hastings developer," Debley said. might have delayed the project in Dcbley, Khachadour and ::p~o::s~nn~~:; "dO:":,,'~~"';~~~Le~',:"i"'~"'~' i~d ~f"",,,~ ~~~in::v~~~~dmr;~tiV;I:~ hopes of pushing it under "a more Levine all said the college's first well to what'S really hap- that would have replaced sympathetic mayor. H Mayor choice is to build new student pening here." all of the college-owned Frank Jordan, elected in Decem housing on the Golden Gate Ave. "It seems no one cares apartmentbuildingsonthe ber to sueceed the morc liberal lot, replacing the aparunems in enoughtoreallypushthem West Block, including An Agnos, has already replaced the 65-year-old McAllister SI. on it," he said. some still standing. In Agnos' city housing chief, Brad tower. Theyhadlesstosayabout Khachadour re- January, Debley said the Paul, an outspoken critic of the towcr's eventual fatc. Levine sponded, "If these people college had no plans to Hastings' development policies. and Debley dismissed as prema thought thcy had a good evict tenants from the re- Khachadour said revenue ture a suggestion from Steve case they would have filed maining West Block resi- bonds for student housing on the Coltierofthe Tcndcrloin Housing it a long time ago." demial buildings, which site would not need voter approval. Clinic thaI the tower would be The North of Market faceMcAUisterandLarkin An earlier plan to use the land for returned to its original use as a Planning Coalition orga- SLreets. a courthouse and office building luxury hotel. nized a protest against With a long planning wasscrappedaftervotersreJected Hastingstakesthepositionthat Hastings'silcnceoutsidca process and difficult eco- the ballot measure nceded to float it had a right 10 choose its con col1egeboord meeting Occ. nomic conditions ahcad, bonds for the project. sulting developer in private be 13. About 50 peoplc, in· Deblcy said construction While Debley would not say cause that decision amounted lOa cluding San FranciscoSu- probably will not start for whethcrLincoln PropertyCo. was personnel decision and because pcrvisorKevinShelleyand more than a year. the property committee's choice, discussions with the developers arcpresentativeof Assem- "These are tough he went so far as to defend its could include talk about selling blyman John Burton's of- times,"hesaid."Nothing's financial condition: the property. The Brown Act fice, picketed the 200 goingtohappcnrea]soon." "From what I have heard about contains an excmpLion from dis McAllister SI. building Randy Shaw, execu- that particular company locally, closure requirements for public during the meeting. !'Hom IY \}aU IlEJIrnEJI tive director of the Tcn- they are, given the reccssion, in as agencies' discussions about buy ThcycalledonHastings Opal Storm, W.. st 81od.tttliltlt,proUsts tit.. derloin Housing Clinic, gocxl a financial position as any," ing or sel1lng property. to build low-income hous- Io:ck of community input into Hanitlp' made a similar forecast, he said. Besides, he argued, the Khachadour argued in a written ingintheareaandtoletthc d .. ~.. lopm.."tproCl'JJ. noting the difficulty of financial strength of "whoever response to Rosen last summer "Tenderloin community" noating construction would be selected" was irrelevant lhat the UC Competitive Bidding, revicw the candidate developcrs' the October, 1989 earthquake left bonds in the current business cli- because Hastings would handle Public Contract Code allows proposals. the buildings structurally unsound mate. Hcsaid Hastingssecmsto its own financing. Hastings to hire "professional The empty 101 that is the cur- _ a claim some acLivists dispute. beintentionally falling behind its Lu and Shaw said Lincoln has services" behind closed doors. rent subject of controversy was The Planning Coalition wants intendedplanningschcdule. "The faced some financial problems in the last few years. HowevCf, the Dallas-based corporation's rev LEOP: Is Individual Attention Unfair? enues remain ncar thc S2 billion mark, and Lincoln is one of the Cotlritlu~dfro". Pilgt J Taylor said this objection is groupsarcsmaller, becauseLEOP about such things as the special nation's five largest home build- In a Lime when economic re- usuallyraisedbypeoplewhodon't issmaller,Taylorsaid. Thesmaller exam accommodations given to sources are tight, there is a ten- haveacccsslOthcprogram. "Pan size gi ves students more individu· disabled students (e.g. extended dency to wanttoattack programs of the issue here is not whether alized help, which isa big factor in time,BrailletranslaLion,etc.)are suchasLEOPthatsing!eoutsome this is a valid program. It is more overcoming past disadvantages, made by the Acadcmic Dean's stlldents for extra help. One first about those people who don't get she said. The groups are led by office, the Director of Student year studentsaid, ,·It' s jllst reverse in, who aren't entitled to it, who acadcmically successful scwnd Scrviccs, and an appropriate dis- discrimination, like everywhere want everything in order to ex- and third year studcnts who dis- ability specialist, Taylor said. else." tributetheirownoutlincstoclasses "I'm less concerned with The critics of LEOP inter- asancducationallOOl.lnaddition, somebody's- thcrc is no polite viewed for this article all said "I'm less con- LEOP leaching assistants or draw way to put this - somebody's they were reluctanlto be idcnti- cernedwith on an office file of outlines by racist, or classist, or sexist prob- fied. One said, "There area lot of other Teaching Assistants (TAs). lems. Thosearetheirproblems." badfcclings.lfyouhaveanything somebody's racist, LEOP TAs also administer Taylorsaid. AsdirectorofLEOP, bad to say about LEOP, you fear or classis{, or practice exams prepared from old she said she is more concerncd rcpercussions. H exam questions or by the T As about providing help for people Meanwhile, some Students in sexist problems. tocmselves. LEOPstudentscome who need it bUI who may be the LEOP program qucstion Those are their to Hastingson Saturday afternoons afraid to "avail themselvcs of the NEW CARS whether onc group of students problems." 10 take the tCSts, which are then scrvices because of the rumors should be set apart from anothcr. edited by the TAs for writing and the attitudes of the false sense FREE PICK-Ul' I RETURN One LEOP student said that al- technique and ability to aniculate of superiority that many students lhollgh she thought the good as- ce!.·' Taylor said that from her ideas. Non-LEOP students are have hcre." peets of the program outweighed expericnce in orgamzmg pro- free toorganizesimilar help them- Taylor said she also fears the bad, she still hesitated 10 takc grams like LEOP for years, and selves, said Taylor. "so the LEOP people who may hcentitled to the full advantage of the helpoffered havingexpcrienced law school as pro!,'l'am is not pllt in place to give help LEOP offers don'l know her because "Lhe idea of exclu- an African American herself, she people an unfair advantage; it is about the program because they sivity doesn't wash with equal has seen these objttticos come put in place 10 help people get haven't read the admissions cata- opportunity. ~ She said the situa- up over and over again. what they need so that they can log explanaLions about it. ''ThaI tion is a real "Catch·22;"-to Like Naficy, Taylor said the competeon thesame level playing is something different than the make the playing field equal, there assistance LEOP students receive field as everyone else.~ person who is walking arounC- isa need for programs addressing doesn't give them an IInfair ad- Taylor said LEOP provides feeling superior with no reason A FAMILY BUSINESS the needs of disadvantaged Stu- vantage. The only difference academic support, not exam sup- to, the person who would deny 928-4414 dents, but creating "another ex- between LEOPdiscussion groups port. "I have no authority to give others access to things that they 349 MASON ST. clusivething" maynotbethebest and regular ASH-sponsored dis- anybody anything relating to an need, which in tum benefits the DOWNTOWN S.F, answer, she said. cussion groups is that LEOP exam," she said. Determinations woolecommunity," she said. FtbrlWry4.J992 lIas/tngl Law News Pagt5 ASH Notes: First Year Torts Cut to One Semester By Karen Carrera provide legal assistance to the In ASH PREsIDENT dents with disabilities. The Aca of disabled students at Hastings. rcslfUClurcd. Beginning the demic Standards Committee will Tenderloin community on gov fall of 1992, Torts will be cut Here isJusluglimpseofwhat review the new policy before it Ntw ugal Clinic ernment benefits, housing,em down 10 one scmes\Cr and four ASH and theadminisrration are goes to the whole faculty for Thestudentsandtheadminis ployment, or family law. units, and Contracts 10 five units. up 10 this spring' ratification. AS H will appoint lTlItioninterviewedcaooidutesfor First ycar students wi11 then have two students with disabilities to Ihe DirectOJofanew legalclinic "'irslYtarCufficulum theopponunltYlochooseanelcc SludtnlS With Disabifitits SCNeon thecommiltee,inaddi 10 be offered at Hastings. The ASH reprcscntatives on the tive from areas such as environ Dean Prin<:e and others drafted tion 10 the two already appointed legal clinic, scheduled 10 begin curriculum committee repon that mental law. employmenl dis a comprehensive policy for stu- byASH,lOrepresenttheinterests operation in the fall of 1993, will the firslyearcurriculum is being crimination, and tax. ASII Plans for Spring St mUter: JAG Corps Ruruiling This semester. ASH plans to pursue the issue of on-<:ampus rccrui\illg by JudgeAdvcx:ate GencralCorps,whichopcnlydis criminatcsagainstgaysandlesbi ans. The ASH Counci[hastaken tile posillon that Hastings cannot sayitllasauniformanll-discrimi nation policy, yel allow the JAG Corps to recruit on campus. The ASH resolulion and the career scrvices policy is cwrently being reviewed by the General Coun scl,AngeleKhachadour. Student Represen/(lli)·u on Faculty Appointments Commit- '" ASH members also plan 10 introducc a resolulion which would allow two student rcpre sentatives \0 become voting members of the Faculty Appoint mcnts Committee. Presently, therc arc no students on the Hastings committcc. Other law schools across the country have student rcprescntlllives on such committees, butDeanReadclaims that students are not included at Hastings becausc of the nccd for confidentiality. Budget Allocation Reforms lver Get Somebody Totolly Wosted ~ ASH plans \0 refonn the SIU dcntorganizationbudgetalloca tionproccss.Studentgroupswere dissatisfied with the process In the fall of 1991. Two proposals have becn draftedand,ifadopted TAKE THE KEYS by the ASIl Council, will go into effect in the fall of 1992. CAll A CAB ' FundroisingEf!orts The ASH Fundraising Com TAKE A STANO ' mitteeis slXlnsoringa bay cmisc which will benefit ASH. ASH plans toretum thc profits back 10 the students in the form of social events,rccre,lIionalfacllltics,and more money for the student groups. ASH plans to askthc HastingsAlumniAssociationand 1066 Foundation 10 assist them mfinancinganalumnirccrcation cenlerantVor studenl union. Ash also hopes \0 sponsor a Casino fRlfNO~ DON'T lH fRlfNO~ DRIVf DRUNK Night, a T-shin sale and twO or three panel discussions this st- ri!!l U$~OI"_ Pagt6 lIas/ings Law Ntws Ftbruary4,1992 FEATURES Restaurant Review Movies Spicy Delight at In Camera Review barbecued ribs - and of course, Grund Chasm La Mediteranee By Joyce M. Alcantara fried green tomatoes. It is also A more sobering film is Grand FEATIJRES EDITOR here that Ruth and Idgic's Canyon, an ambitious attempt by director Lawrence Kasdan ("Big 6. Be prepared to wait at a mini· friendship flourishes despite ad A Luscious Serving By Jodi Lambert & mum S·1O minutes whatever the or verslly. Chill'1todelve into themultitude Fried Green Tomatoes Diane Sovereign timeorday. No reservations are The fascinating tale of the of modem urban ills. The city of STAFF WRITERS Perhaps because of the suc- accepted. (BrowsingonFillmore Threadgood family is told to us Los Angeles is his case study. cess of the female adventure film piecemeal during eachofEvelyn 's L.A. has grown in huge propor LA MEDITERRANEE is a good way to pass the time). Thelma and Louise, Hollywood visits to see Mrs. Threadgood al tions. Crime is running rampant 22 \0 Fillmore St. Although the restaurant is com has decided to give another fe the nursing home. What makes and police surveillance helicopters Enl1CcS 56.50 and up fortable, we felt as if we were eating in our ncighbors' laps. male·orienlcd film aU}. A more the story interesting is 10 see the l1y ominously overhead, sweep subtle story of women's emanci After a month of Mom's 11.,C difference betwccn how women ing through neighborhoods with and cooking, the thoughtofRagu pation, FriedCruR TumatoiS is areperceivedandwhatisexpected a thunder reminiscent of Apoca· for dinner sent us into a state of a nostalgic talc of enduring of them, panicularly in the South. lypse Now. Sections of the city - ~;:ri::=i~~ friendship, love. and family, A depression, so we hit the road for walChinglocation, Unfortunately, it is not clear have becomeso segregaledalong story within a story, it gives rei· another restaurant review, This but things got a whether things have changed all social, racial and economic lines evantoovice from the pastas well time we lried a favorite of the thai much. We witness Evelyn's thai taking a wrong tum could be liltleehil.lY with as the present. The story unfolds Hastingscrowd,LaMediltmmie, ~-".. ! the constant ar tmnsfonnation from a good liUle fatal. Although we've been in· With threelocationsintheBay rival of dmers. In through the eyes of 83-year-old Southern housewife to a woman troduced to a similar scenario in Ninny Threadgood, played by the Area, we opted for the trendiest misplace, notable who finally develops a sense of Tom Wolfe's Bonfire of tht highly acclaimed Jessica Tandy. self-respecL This,ofcourse,could V(Jlli/ies, it's a scene worth re ~ the One On Fillmore (Noe SL is far from the door, so if you tend and Berkeley were the other alter togetcoldeasily,ask tobescated Kathy BatesplaysEvelyn,a well visiting. meaning middle-class housewife Kevin Kline plays Mack, a natives). Thingsstaned smoothly in the back. when we found nearby street With two serious "meal and stuck in a marital rut. During successful immigration auomey visiting hours at Rose Cliff parking. Beware of the Fillmore potatoes" types as companions, who gets lost trying to avoid the parkingnighunare. Beueryet,skip we wondered if La Nursing Home, Evelyn becomes inevitable L.A. traffic after a engrossed in Ninny's intriguing the hassle. Bus #22 offers curb· MediJerranlt'sethnicfoodeould Lakersgame. Mack's car breaks familyhislOty. side service. please all. Being in the post down in one of L.A.'s rough La Mediterranie isa "hole in holiday lack of funds dilemma, l"hestorycutsbacktothe Deep neighborhoods. Four black South of Whistle Stop, Ala., dur youths, one armed with a gun, the wall," with limited table seat· Continued on Pagt 15 ing and room at the barforaround ingtheerabetwecn the two World harass Mack. Tensions mount as Wars. ldgie Threadgood, played they surround the car and suggest by Mary Stuart Masterson, is the that Mack get out. DannyGlover, Legal Ease willful and fiercely independent as the hard-working Simon, saves child of a well-to-do southern not have been accomplished the day. Our modem knight ap By R. JANIS PARKER family. Ruth, played by Mary without Mrs. 1breadgood's tales pears in an industrial tow uuck, LouiseParker("GrandCanyonj, ofldgieas her role model, which armed with a tire iron. A veteran is the daughter of a neighbor, a gives Evelyn courage and insight of urban politics, Simon sweet little bit older than Jdgie and in into what she really wants OUI of talks the leader of the gang and love with Idgie's older brother. life. We are also inlrigued by avoids the sacrifICe of Mack's ldgie is soon devastated by Ninny's relationship 10 ldgie favored existence. Mack feels ranul y tragedy, and shuns her idle are they one and the same? We compelled to pay back his debt to Wl...... c,.. .. , -1-1..~ ...... ~...eol l.u...... "*'-- h. youth, growing up "wild," fishing are never quite sure. Simon, and surprisingly, their t.~~N ..L.~~I...... and hunting in the woods and Tandy is superb as the wise Jives become intertwined. ~M»- ~t\Ao.....~ keeping much to herself. ldgie Mrs. Threadgood (she made me Grand Canyon is laden with prefers the company ofthefamily want to adopt her as my own heavy symbolism, perhaps to the .\.u-~~..vv..... servanlSandlowerclass folks who grandmother). Tandyalsotouches point of excess. These flaws can J....\A.v-~J./'vJ'-.. ... ~ drink, smoke and play pokerwith upon the issuesofagingand death be overlooked, however, because her at a seedy waterfront estab and appreciating what you have Kasdan brings out questions lishment. Concerned that Idgic is in life. Parker is endearing as the which deserve to be answered. lost forever, her mother recruits sweet Ruth. Masterson is con Other issues which Kasdan ad I Rulli to try and lure ldgie back to vincingasthetoughliltlecrusadcr, dresses: race relations; gang ~'=:=~~:~ '- .. """,..,..v...... ~ "civilized ways." This forges a not jusl for the rights of women violence and ilS effect on one """"",....~ ...... · .... I lasting friendship between the but for therightsofblacksas well. family; a mother's loneliness af J\.oV.o' .. ,w..;...-...... '---'-- two, although Ruth does not Obviously before their time, par ter her children have grown and ...... L...... __ JA.w...... %_ manage to change Idgie one iota. ticularly in the South, Ruth and her seemingly perfect marriage ~~.""-~~ In fact, Ruth nas become a near Idgie make a point of refUSing to has disintegrated: the difficulty ~~,,~£~~ ...... convert 10 ldgie's reckless and ban blacks from eating at their of fonning relationships, and the carefree existence. This spell of cafe. despite the great risk. They general sense of isolation among I,..-.-- ~ friendship is broken at summer's are well aware that their neighbors city dwellers. Kasdan points to end when Ruth marries her fiance. are donning while robes and a sense of complacency and apa ~ /VV'- It is not until a few years later rounding up blacks during the thy among us mat should not that the twO arc reunited. after night. continue. Idgie realizes that Ruth is married Thisfilm leavesyouwithm3:;y Kasdan does notlcave us with toaruthlessandcruelman.ldgic positive messages. It is a definite a pretty picture of the world. But Contract Claws - rescues Ruth and brings her back feel·good movie, worth a lrip to unfonunately, he falters at theend to Whistle Stop. The twO then the Whistle SlOP (:afe for someof of the film by supplying us with open the Whistle Stop Cafe and those Fried Green Tomatoes! too many pat answers. Arter all (Bring a hanky.) become known for their fabulous Cofltinued On Pag, I4 FtbrIWry4,J991 I/(Hljngs Law Ntws Pagt 7 Black History Month Calendar The Quest for Culture February has been a time 10 recognize the accomplish ments and struggles of African Americans since 1926, when By Brewer nights 5-9 p.m., admission is S3 Robin aMuni lfansferorFastPassand historian Carton G. Woodson organized a "Negro History foradulLS,SI forstudenLS. Free ST~fFWRlTER geta$ldiscoUnL Thcmuscumis Week." Now obscrved as Black History Month, February admission all day the rlfstTues- open Wednesday through Sun will bring::a varietyofartislic and historical presentations 10 The daily grind of law school day of each month. Hours: day, lOa.m.-5p.m. Thede Young thc Bay Are::a. Here'sasamphng: hasawayofbeingallconsuming. Tuesday-Friday 10a.m.- 5 p.m., is free Saturdays 10 a.m.-noon You'recitherstooying(O.K.,only Saturday and Sunday II a.m.- 5 and the first Wednesday of each • Artists Timothy Taylor and Reginald Cox will exhibit their sometimes),1ookingforwork(b1ll p.m. month. works at the Center for African and American Art and I"IOtfindmgany),or-mostlikely Culture, 762 Fulton Street, San Francisco. Feb. 6 from 5 to - procrastinating. Why nOI Art in the Park Last Chance to See Sp.m. validate your procrastination by Located in Golden Gatc Park, Legion's Art Work using the pan of your brain that too M.H. dt Young Mtmorial The California Palace of the • Filmmaker Spike Lee wilileclllreon racism and Hollywood doesn't get much tAercise allaw Mustum offers the chance to get Ltgwn of Honor is a muscum at Zellerbach Hall, UC Berkeley, S p.m., Saturday, Feb. S. school? A few hours in one of alittleeuhureandaliulenalUreat which is ilSClfa work of an. Its TicketsSII,$15,$IS San Francisco's many museums thc same time. The de Young dramatic neoclassical style is can remind you that thcre is much hosts maJOr traveling exhibits and home to centunes' wonh of Eu • The Black Filmmakers' Hall of Fame presents a senes titled more 10 life than the law. now has the Henry Ossawa Tan ropeancJassical paintings, sculp "Black Women on Film and TV," at the lames Moore Hastings' Tenderloin locale ner exhibit (closes 3/1/92). Tan ture and furniture. Ro Gorman on piano and Darby playing the classic sluff from the Gould. Alas, he was apparently crowd-pleasing and rousing ren By Mark Terbeek Gould on accompanying vocals. lA era, and played with a feeling lOOinebriatedtobcan3SSCttothe ditionsoftwo of the mOSI inflam ST~FFWRl1D. The band was well-received, and thai filled the small confines of song,andwasaskedrathereunly matory,radie::al songs in theJA played accordingly. the I-Beam. GonnanandKanmer by K::anmer to eithcr "sing in key repenoiIe:"WeCanBcTogether" Paul Kantner has been a part Theshowbeganappropriately were playing in stride and werc or get thefuck off the stage." He and "Volumeers," both of which of the San Francisco music scene with "Wooden Ships" from the well-practiced, rarely missing a rathersheepishlyleft,andthesong speak of overthrowing ltJe domi invariousfonnssinceleavingthe Jefferson Airplane's 1969 release bcalorcue. improved dramatically. nant political culture. Kantner lefferson Starship in 19&4.- His "Volunteers." The band thcn The sec- "Fennario" was followed by playedthesetuneswithallthefire latest incarnation is as "Wooden moved cleanly to "Crown of "Baby Tree" (Off "Blows"), of a campus protester. He still Ships," an acoustical outfit that Creation" from JA 's 1968 album O""~'''''''"with a "America"(fromtheshon-lived oclieves inlhe message, and he played the I-Beam on lan. 19 in of the same name. Following that "Fennario" KBC band), and "Have You Secn and other politically oriented an abbreviated fonn. Thel·Beam was"China"from Kantner'S 1971 which, as thcSauccrs"fromtheJA's"Live rockers were spreading over 20 is a eOly liule venue with aca soloalbum,"Sunlighter"andthcn. at Winterland" concert album. ycarsago:Fightb:!ckagainstyour Kantner d.C. pacity of about 300 which was "Ride the Tiger" from the 1975 scribed II, Darby Gouldjoined Ihe b::and oppressors-a message still rel just about the right Si7..c for this lefferson Slarship album, "Red I "was stolen for some newer material from evant today. performance. 'Theeveningocgan Octopus." Closing out the first by Jerry Kantner. They began with Closing the show as encores rather auspiciously; the fire mar sct was a thundering version of GarciaaflCrl "Shadowlands,"''!"lI Fly Away," were a couple of traditional ar shOll arrived rightochind us. He thesecondsideofKanmer'sl970 slole il from and "Where Has Our Country rangements: ''The Other Side of told us he was there to ensure that counterculture anthem, "Blows someone GoneT' Eaeh of thc!iC was a ThisLlfe"and"ShowmeltJeWay overcrowding would not. hinder Against the Empire." elsc." Cun personal political statement by Home." Both wcre mellow, our enJoymelll of the show, but Kantner and Gorman were an ously,bulllOl Kamner,perfonnedinthedriving soothing lun<'s thai left the crowd he became distraCted when the impressivedllO,creatingadriving, surprisingly, one of the many styleofhise::arlierworks,aidedby in a some\\hai Iessagit.:lled Slate, DlocganplayingCream's"White rolling thunder sound thai was Deadheads in attendance mounted and softened somewhat by which is a good thing 10 do in the Room." surprising in its richncss and de thestageandbeg::anallemptinglo Gould's vocal acrobatics. Haight on a Saturday nighl. With Kanlner were Tim tail. Kantner clearly cnjoyed sing at the open mikesct up for The sccood set closed with PageS lIaslings Law Ntws February 4, 1992 OPINION En Bane Letters to the Editor Mum Shouldn't ScquestIation andcensorship an opportunity torespond tocom of informationcooceming the Be the Word More Free Speech plaints that may be felt in the workings of any public edu population at large. The neces cational institution is a dan Students and employees of a law school should be able to Dear Editor, sity and rationale for affirmative gerous practice. But the expect lito show a special sensitivity to the priocip1cs behind "We don 'I ever want people to action, as perceived by Its sup danger is even greater at the First Amendment Much to our dismay, at Hastings the new feel comfortable attacking affir· porters, could be explained to its Hastings, where the admin year has brought a new era of striCt control of employee free mative action. We feel strongly antagonists. istration has not always acted speech and student access to information. about this." Thus spoke Rosalio I believe in some affirmative in good faith when behind Recent moves by the Hastings administration to control the Castro,chairofHastings' La Raza action programs. particularly at closcddoors. free flow of information about the collcge are cause fOf alarm. Law Students Association. the undergraduate university ("Chave~, Torres Debate As level. I'd vote to sec affirmative Itisemblematicofthenew Last year. one Hastings employce was fired and another repri similation Models," Nov. 12, action extended in some areas. policy that Hastings' general manded for expressing opinions to the prcss. This year, a whole 1991.) but reeled in elsewhere. I would counsel is one of the two au department was warned against any press contact and a new Such a statement. I hope, was have imagined that at a POSI- thorized spokespersons. In public relations man was hired to screen media inquiries. preceded by little forethought on the real world, parties com The LawNtws itself may have been the first victim of the Castro's pan. Or are we to believe municate via attorney only current trend. Two years ago, the Hastings administration tried we should "keep quiet" unless we once their relationships have to control the editorial policy of the Law News by means of agree with La Raza's doctrine on become so impossibly intimidation, with a surprise demand for a financial audit. affirmative action, or perhaps adversarialthatnoolher,more Before the controversy was resolved, the administration had more accurately, the doctrine of reasonable interaction is pos Iccked the doors of the Law News office, blccked the bar ap the few who "lead the charge" at sible. Do our administrators, plications of twoedilOrs, and served one editor with legal papers LaRaza? then, see the students they during a final exam. In the end, with the help of a talented First After attending the Chavez Torres debate last semester, I purport to serve as adversar Amendment allomey, the papersl(xxI fast, and Iwoeditors won gathered that those who were ies? a free speech award from the Bay Gumdi(lll. When the target protesting Chavez' presence at Fortunately for all con is a newspaper offices, such measures are ultimately doomed to Hastings did not want a "market cerned, information is very failure. BUI similar threats hang more heavily over the heads of place of ideas." They did not difficult 10 suppress. The those who depend on Hastings paychecks. want her 10 speak. Chavez' op Hastings administration may The administration continues to attempt to clamp down on ponents dismissed her as not succeed in fruStrating the flow the flow of information by threatening repercussions. Career "speaking our language" when of infocmation, but it cannot Services counselor Kay Burke, fired last spring bceause of her they themselves hadn't read the public comments about lack of resources for public intercst language of her book. Chavez' hope to black out all bul its own version of events. Such jobs, was one of the early victims of the policy. [Sccllaslings opponentsoctasifthebcstdefense graduate educational level, Stu· blackolll would require Law News, April 16, 199IJ. Is it any wonder thai Patsy to her theories is a strong pre- dents, all Students, would be en a Draconian measures, and Oppenheim, Director of Student Services, will no longer dis couraged to speak freely on con would surely arousetheanger cuss controversial issues with LawNewsstaffers, who write for temporary issues. If people like "From dialogue the studenlS who protested of staff and studentry alike. the very students she serves? Chavez' presence at Hastings in The administration should This policy of silence has been formalized in writing on al comes truth," the tend to intimidatethosewllodon't tread. with caution, lest Slu least one occasion. On November 14, HastingsSccurity Offic man said. From the share their views, constructive dents and staff go elsewhere ers were formally instructed. in writing, nOi totalk loLawNews monologue which exchangesamongdifferingminds in search of the lost First reporters. lSee article, page3.1 Nor is the administration above Castro would impose may be a long time in coming. Amendment. retaliation for lack of compliance. For example, the security Before I give this letter to the officers have long sought to be reclassified as peace officers, out comes what benefit? of concern for their own safety as well as that of Hastings A herd of indepen ~:::~~I/t::~::lm:e::~ ....------.. its strengths and weaknesses are students. This reclassification seemed close to realization in dent thinkers. early January. But on January 24, the officers were informed I'll do this because I value my The Law News wel peers' criticism of my views. in writing that because a West Block tenant group was able to comes its new Opinions acquire information concerning West Block security from "an Once an emperor strode emptive offense: shut her up be through his town with no clothes Editor, Daniel Boone. unidentified member of the Safely and Security Department," fore she makes her point. on. All the townspeople thought He takes me place of "the Administration is now questioning the propriety of provid Shouldn't opposing advocates be he looked foolish, bUI no one felt Betsy Johnsen, who ing our orlicers (including the offend ing individual) with access allowed to state their cases, and comfortable telling him so. Let's graduated in December. \0 the confidential information available .. jn support of the the public beallowed to judge for not make the same mistake. peace officer function." According to the memo, the adminis itscll7 Scott B. Johnson tration has halted the process of reclassification. "From dialogue comes truth," 1st Year Under the new adminiSlr.ltion policy, all requests for infor the man said. From the monologue mauon must now be processed through Tom Debley, Director which Castro would impose Letters to the Editor of Community Relations. or Angele Khachadour, Hastings' comes what benefit? A herd of independent thinkers. Ale those LeIters are accepted from anyone, but they must be typed or general counsel. Ahhough we understand thenced foracollege legLbly handwrillen and double·spaced. Letters should be mouthpiece who can respond 10 inquiries from the general protesters who stand behind Castro's statement convinced of clearly marked as such and must bear the writer's signature and public, the students of Hastings are 1If)1 the general public. A theinvincibilityoftheircause? If name. We will limit the spare given to frcquentcontributors or law school should be accountable to its students, whose finan affirmative action enjoys the lengthy lellers to ensure that a forum is available to everyone. cial support and daily attendance account for its veT)' ex isteoce. moral high ground which Castro We cannot print lellerssubmitted without signatures, but names will be withheld upon request if the circumstances warrant such Conn,.u.~d feels itdoes, criticism of it should be welcomed. Supporters of af action. Letters do not represent the opinions of the Law News, finnative action would then have its staff, or Hastings College of the Law. F~bruary4, 1992 Ilaslings Law Nt.ws Pagt.9 Editorial Editorial Legalize Marijuana Breaching the Social Contract Research by Dr. Raphael By Derek 8ercher Mcchoulam indicates that when PIlOTO EorroR marijuana is legally available it We hold these truths to be self-evident, that all men are creared equal, wliidircctJyrepiacel0-20pcrcent All laws wlu ch can be of all prescription pharmaceutical thatlhey are endowed by their Creator with certain illalienable Rights, ~iolated without doing unyone drugs, and that probably 40-50 tllat among these are Life, Liberty and the pursuit 0/ fiappineJs. That to any injury are iauglu!dOl- pcrcemofallmedicmescouldu.>e secure these rights, Governments are institUled among Men, deriving SpIfIOW.(C. /660) derivatives of the cannabis plant their just powers/rom the consent o/the governed. Applications include reducing There are many problems ~The Declaration of Independence whichcauscdiseord inoursoci July 4,1776 ety. Marijuanaisnotoneofthem. Theonly real problems caused by mariJuanaarethosecauscdbythe factthatitisillegal. As law stu By Kemy Monahan individual rights. Rousseau'sSQ· Accordingly,ourgovernmemhas dents, we have a responsibIlity ExECl.nWe EDITOR cial contract requires that each no authority to protcct us from not only to study law, but also to individuallivebyrulcsoflawthat ourselves. When our government interact with itby wor1c.ing 10 as eurtailindividualfreedomsforthe becomespaternalistic,curtailing sistitsdevelopment. Suchassis· One person, living on an is goodofsocietyasawholc. Thus, our rights not in order to proteci lanceincludesnOlonlyamending land. has complete freedom - by Ihe consent of the governed, us from each other but to protcct old laws and crcaling new oncs, unlimited individual rights and governmemcan tell us nOl 10 take us from ourselves, it necessarily but also recognizing the need to pressure in the eyes of gtaucoma libenies, But once there are two, another's life. BUlmagreeingto goes beyond the terms of the discardthosclawswhichnolongcr patients, redUClRg asthma, and there must be limits. One should the social contract, did we also contrnCt. (or never did) serve a valuable replacingmanyprescriptiontr.U1- notbepcnniued to kill the other. give our government the author· ,Where does it say that we societalpurpose.5uchislhecase quillizers, such as Valium and One should not be able to take or ity to tell us how toliveourindi should give up rights thee~ercise withtheprohlbitionofmarijuana Thorazine. In a season so rife abusethepropcnyoftheothcr, In vidual lives to the extent thai we of which is harmless to others? Thetimehascome 10 make mari with conspiracy theories, it would general, oneshould not beallowed don't harm OIhers by doing so? Wllere is it wriuen that society juana legal again. be easy to expound funher. In to"harm"another. Such is Jean The contrnCt upon which our has a duty or even the right \0 According to the Business stead, I shatlleave itto those of Jacques Rousseau's concept of society was organilcd says thai protect us from ourselves? Sui· AllianceforCommerce in Hemp, you who are interested in the the social eontrnCL our government may limit our cide is no longer prohibited by froml850tol937,cannabishemp reasons hemp is illegal to read As a condition of living in individualrighlSonlyto!hecxtent Statute in California. But other (marijuana) was America's 1'1u! Emperor lVt.ars No Clo/hes sociely,an individual must give that to uphold such rights would "victimlesscrimes,"incltKlingthe primary medicine for by Jock Herer, which isthcde· up a great many freedoms and harm the equal rights of others. possession,use,andsaleofdrugs, more than 100 ill finitive history of marijuana pro pTOSlilUtion, and many forms of nesses or dis· hibition. gambling, are against the law. In addition to its medicinal Hastings Law News What happcned 10 unlimited in benefits, there are thousands of dividual rights 10 the e~tent that other uses for hemp. Many of Editor-In-Olief ... " ...... Margo L. Buckles they do not abridge the rights of theseuseswould.iflegal,provide Executive Editor "" ...... " ...... Katherine E. Monahan others? amuchneeded boosttoourflailing NewsEditor ...... lolmZ.Holttichter Somewouldarguethatsecond economy. According 10 the Drug Opinions Editor ...... Daniel Boone tier rights are affected by drug Enforc:ementAgency,hempislhe Fealures Editor .... " .. " ...... Joyce M. Alcantara related dealings, gambling and largesl cash crop in America, AdvertisingEdilor ...... " ...... AmyLasley prostilUtion.Whataboutthefriend generating almost four limes as Copy Editors ...... Manha Bridegam, Holly Holdrege of the drug addict who suffers much as does its closest com PhOto Editor ...... Derek Bercher through his ups and downs? Or petitor,corn. True, much of this Production EditOf ...... PeterTurcotte thehusbandofagamblerwhohas money is generated by black· ProductionStaff...... ChrisAyayo,JudyLin sold the family car to pay her market inflation, but sales 10 rec Toni Novick, Sean O'Connell, debts? Or the wife of the man for those who could presemly reational users make up only a Vivian Park,Richard Vaznaugh who hires a prostilUte? These are benefit from the medicinal pow small fraction of the revenuelhe CartOOnists ...... R.lanis Parker difficultquestions. But is it really ers of this versatile plant, canna· plant could generate if it were ContribuIO/'S ...... Micheal A. Ameri, Jay Blount, tile government's place to moni bis was wilhdrawn from the legal. Karen Carrera, David G. Cohen, Jodi Lambert, Toni Novick, tor such things? Are private American public in 1938 against With family farm foreclosures Ruff Reiter, Diane Sovereign, Kevin Lee Thomason, mauers between families, sig Lheadviceofthemedicalcommu· at an all-time high, the easily JoeVadaJa,RickWilson nificant others and friends gOY' nilY. Eventually, marijuana was grown hemp plam could save a Editorial Policy Statement erned by the social contrnCt? If tisted as Class I (dangerous sub future generation of family TIle lIastings Low NIEMIS is the mQruhly siudem newspaper of the so, we are on our way 10 a police stance with no known medieal farmers from meeting the same Hastings College of the Law. Signed opinion anicle$, when clearly state. Perhaps tlleconuactshould valuc)byPresidemNi~oninI970. fate. Aseitherapaperorate~tile. fflarked as sucll,represent the opinion of the writer and I>Ot that of the bercncgOliated. Butasitstands, That classification was retained hemp is both more durable and College or the LowN/EMI'J, Unsigned editorials represent theopinion of ourgovemment is apparently in by the Bush administration in more ecologically sound than the lconsensus oftheLawNlEMIs Editorial Boardonly and not Illal of\he staff breach 1989, deSpIte DEA Administra prescnlaltentativcs. 'Thefounders edilOrSorwritefS. Nothing in lhese pages should be conslrUC'd as being live Judge Francis Young's con ofoornation rccognized this. Both the opinion of the College, its Boardof Directon, or its General Counsel. elusion that cannabis should be Lhe Declaration oflooepcndence News. feature. and opinion articles are accepted from thecommunity resehcdulcdasClass2andmade and the ConstItution wereorigi II large as well as studentS, but publicalion CIlnJlOl be guarllRtecd. available for medical use. na!lydrafledonhemp. You could Pmspectiveopinionwritersshouldcontacttheeditor-in~lIief.,.,.lyin order to reserve space in the ne~t issue. Deadlines are generally two This Space Co"ri""tdD"PDgtl2 wech prior to pubhcalion. Displly ad"enisementS are acccpted by the Advertising Editor at the For Rent lddressbclow; rites are quotable on request. We do not publish classif!edorpersonaJads. Guest Editorials EntireoontentSregisteredoopyTightCI99lllastingsLowNlEMIs- all Call 565-4786 People intercsled in writing a guest editorial arc urged 10 riglus.eserved. discuss their choice of topic with the Opinions Editor. lIastingJLowNlEMls, 200McAlhsler Suect, San F.aru:isco,CA 94102 Prospeclive wrilerscanleave amessage in the LawNews box (415).5654786. in thc SIC office oreall 565-4786. "From di.loguecurnes IrUth"' Page 10 HastIngs Law News February 4. 1992 J?wemment.Boob FIIYIU Take advantage of the Documents produces a Hundreds of books on a free copy of this wealth of knowledge catalog that tells you agricUlture. business, catalog, write- available from your about new and popular children, energy. health, Free Catalog Government. The books sold by the history, space, and 1'.0 I\o~ 37000 Superintendent of Government. much, much more. For Washington. DC 20013- 7000 Ftbruary 4,1992 IIOSlings Low News Pagt 11 NO FLUFF. JUST FITNESS At Golden Gate Fitness Center we think that many health clubs have lost sight of your primary goal...fitness! We have opened our fitness center because the time is right to re-focus. This is a "back to-basics" facility. What we don't offer is exaggerated membership deals or a one system cure-all. What we do offer is a super clean, well lighted space, full of brand new state-of-the-art fitness equip ment. Our experienced trainers will assist you by designing a realistic fitness program that fits your lifestyle ... not ours. Please phone or stop by for more infunnation. We feature: • MAXI CAM • UFE CYCLES • NAUTILUS • MASSAGE • CYBEX • PERSONAL TRAINING • OLYMPIC FREE WEIGHTS • AEROBICS • STAIRMASTERS • SKI CONDITIONING Hours: Monday-Friday 5:30 o.m.-8 p.m. -Saturday 8 a.m. -6 p.m. Golden Gate Fibtess Center 358 Golden Gate Avenue San Francisco, CA 94102 (415)-776-7113 SPECIAL HASTINGS DISCOUNT AVAILABLE Page 12 Jlaslillgs Law News Febrll/lry 4,1992 Progressives Convene Creationism Media Policy: All Quiet COfltiflutdjrolfl Pogt 1 Revisited On the Hastings Front amusement parks, Russell said dressed the issues. many young men of color have Michacl Nunez, a second year COfltill,udjrom I'ogt 1 COlltin"td/rom Pagt 3 been ejected from public facilities, studentandmemberofHU,caIled feets advance or hinder religion, cation to slow down, but in fact tions person is not to stonewall or such as Great America or Magic the conference a majorsuecess. alJd whether it fosters an execs· speed it up," In performing his mislead the press when sensitive Mountain, because they fit "gang Hesaid thedynamicsbetween the sive government cntanglemelll duties at Hastings, Debley dis· issues are involved, but to work profilcs." Onegroupoftecnagcrs panelists and Ille audience were with religion. Scott said that avowed the now common prac· closely with the media in order to went 10 the Great America park unusual for this type of confer· UrTWn is now being challengcd tice of "spin control," and aclvo· communicate the institution's dressed in colorful pajamas. A ence. He said it was a step in "the by a conservative Supreme Court cated a more cooperative phi. policy as clearly as possible. security guard ejected them, say· evolution of criticallcgal studies and Federal bench, the vast rna· losophy of communication Additionally, he said, the job of ing they were wearing "colors." beyond recognizing problemsand jority of which was appointed by analogous to that used by college the media relations person is to The young man responded by looking forward to the next step Presidents Reagan and Bush. administrators during the "Free make it known when the General asking "Which color?" because of planning a strategy to imple· Speaking of the reexamination of Speech Movement" at UC Ber· Counsel's officedeclarcs that Ie· his clothing contained the entire ment the ideas." Lemon, SCOLi noted, "I think we keley in the '60s and thc reccnt gal considerations require confi rainbow. Simeon Herskovits, editor of could sec one of our strongest student revolt at Mills College. dcntiality. "I believe in being Saturday's events also in· IIU, said he was "pleased with supports severely weakcned." According to this school of candid," said Debley. cluded a working lunch where all the conference, both as an orga· One more recent tactic of the thought, thc jobofthe media rela· those in attendance, both partici. nizer and as a participant.' movement is for teachers to sue pants and audience, were broken Herskovitscstimated that between for the right 10 teach creationism down imosevcn groupsandgivcn 40 and 50 Hastings students were in public schoolsasanexerciseof three hypothetical problems. The exposed to at least pan of the their freedom of speech. Courts entire conference thcn discusscd conference. in Illinois and California have the ways various groups had ad· rejected this approach. SCOIt said the creationist movement is oot without schisms. Factions range from the radical Rat Earthers and Geo-CentriSts AL~ SHErY AND SECURITY OFfICH5 to the Young Earth and Old Eanh Legalize Hemp fROMI JOHW OPH£t~ • CM!EF Creationists. Young Earth Cre· Contiflutdjralfll'ogt 9 ationists, forellample, believe the pay yOUTtaxcswithcannabishemp itsabilitytorcduccstress,asmany planet is perhaps S,(XXJ years old. ~~~ui~;mst~::!;~f! ~;" .~~v~~ld~~~~~le~<>;:~~~~ty 12orr;~~~: in America for over 200 years, a law student can attest. In timcs Scott recalled with some amuse· a~out S~oudty a~d t~e lIut Block Property. me Irtlele Is I~out In ypoo~lnl rent oontrol tlolrd hudn" in.ohlnl and in 1619 a marijuana law was like these, with stress at all-time mcnt wiUlessing a heated debate Hlltlng •• ndoert. lnWestBlookhnants, high levcls, it makes lill\c scnseto enacted at Jamcstown Colony, between Gco-Centristsand Hclio· It Is Inl pp,oprl . te ror Seeyrity OHloers to m.ke .hte_.. ~to ordcringall farrnerstogrow hemp. prohibit the use of a harmless Centrists at a creationist confer· to the • .,dla conoernlnl UCyrlt1 luues,wlthout prior George Washington and Tho· herb which promotes relaxation. :g~~~~:~. o~~.i~. ~~~:;" or p~r~~r!~~;~!:~ ~~~:r~~e O~~~:f 1:: Funher. thcrc arc those, myself Socyr1t1 ~erore 'P"'~In, publicly .. In offldll masJcffcrson both grew cannabis Scollsaid many Americansarc repronntlllve of the Offloe of Sirety .n~ Socurlty", on their plantations. Jcffcrson's included, who believe that legal· unaware of the importance of the Stotuents ",.d. b1 Seeyrlty Officers could tie _hconslrued diaries demonSlnltc that while izing marijuana as a first step in creation/evolution debate. ''There as .n oHlol .l Secyrlty poaltlon. T~1s clU II onlolnl ror ambassador 10 France, Jefferson reformulating our nation's drug is a great deal of ignorance about thl La" School, . nd t~. Hale_enU mode coyH joopudlu H.. tlng'sposHlo•. went to great CApense, and con· policy will mean less abuse of what evolution is in this country," siderable risk 10 himself and his other, "harder" drugs. This de· she said. ~~ 0 ;~~c C~~~ I ~~ ~:=~~~ I ~ ~ 1~: ~:t I o~. ~c r ;~~ °ge:~~y ~o,,::n~~OY~: agents, 10 procure panicularly creased abuse will then better en· . ll Officers. f~l. Oop.H,.ont and 11'1 Officer. do not hue able us to decide how those other .11 the hcts perUlnln, to cuos, therefore, It Is ~ut to good hemp seeds smuggled ille· arc practically nOll·exislCnt). Ifl !:!..e~~;, "cdh ~elotlon. pe .. on ans>"er 'luutlon' ~nd ".ke gaily into Turkey from China drugs should be treated. Ulti· ever get nominated 10 the Suo Mention thalthe next time you're mately, treating drugs as a health preme Court (which is not very discussing the intent of the fram· issue rather than a legal one will likely), I believe that when the elS! allow us to stop throwing money FBI background cheek uncovers Hempalso is capable of filling away inlO the morass of an inef· this editorial, the committee will many of the energy needs cur· fective "war on drugs." take it as evidence of my good rently met by fossil fuels, but in a Forthoseofyou wholllinkthe judgmentalJdforesightraLhcrthan manner which would be much legalization of marijuana is a mere as a plea for disregard of valid lessdamaginglOourenvironmenl. pipe dream, rccall that such law.lnd«d,thetimehascometo SUMMER The fasl-growing plant can be "mainstream" figures as Larry make hemp legal again. burned directly or converted into King havc predicted that hemp LAW STUDY fuel alcohol. This fact was rec· willbelegal in some limited form in ogni"ol:ed by our government in ilS bythecndofthiscentury. Also MR. CLEAN 1942 film, "Hemp For ViclOry," recall that in the most recent San (AIRLINE CLEANERS) Dublin made to encourage farmelS to Francisco general election, Proposition P, which favored grow hemp to replace the supplies PROFESSIONAL ONE-STOP CLEANERS London which had been CUI off by Japan. making marijuana available as a DRY CLEANING *** EXPERT ALTERATIONS Mexico In 1942-43 farmers wcre made to medicine, won by the largcstmar· FINIISHED LAUNDRY *** WASH 'N' FOLD alLcnd the film, sign statements ginof any proposition. To use Lhc Oxford that they had seen it and read a phrase of a certain e,,·head cop, 116 Hyde St. (near Golden Gate) 776-1656 hcmp cultivation booklet. In ago the hcmp proposition was able to Paris riculture extension leaflets,each "build bridges" between thc vot· Russia-Poland member of the 4·H clubs in Ken· ers of San Franciseo more effec· BeeWrite Word Processing tucky was urgcd 10 grow at least tively than any of thc candidates. San Diego half an acre, but preferably twO In short, to borrow terminol· FOTelgnLlowPtogTams acres,ofhemp. Hcmp harvesting ogy from the Federal Rules of 6 YEARS SERVING THE HASTINGS Unlv 01 San O'egoScl>o<>l01 l"", machinery was made available at Evidencc, the beneficial value of COMMUNITY Ak .. l. P... k. San Ot"'.JO CA 921 to low coslo and 350,(XX) acres of cannabis hemp (oncof Lhc planet's RESUMES/EXPERT LEGAL WORK premier rcnewable natural re· t cultivated hemp was the goal for @t.lll\{""NIY'~ ,\tn 1'>Io:~, 1943. sourccs) is not substantially out· Call Brian at 864-7114 Hemp is also well known for wcighed by ilS dangers (which Ftbrwuy4,1992 Ilastings Law News Pagt 13 Fees Rise 22% Is Hastings Passing the Bar? Co"tUtlltdjrolll P"gt 1 merit pay increases for faculty Conri",udj,olll Part 1 Priocesaid. tionare ullclcar. Princesaid,''Thc state's fISCal problems." :md staff,ChiefFinancial Officer It is unlikely that the rate dropped Hastings has no evidcnee that worth of a school is not deter The decision to raise fees has Joan Majerus said. Last year the because Hastings is eoncentrat there is a direct correlation be mined by rankings, and while prompted studem anger on many faculty did not roceive merit in- ing more on broad, theoretical twecnthenumbcrof"barcourses" we'd like to be high in the oCtheUniversity'sninecampuses.. creases, and the administrative jurisprudentialthcoryratherthan offeredonaken in law school and rankings, there's some truth to Only an hour after the decision, staff at Hastings has I10t received taking a strictly "nuts and boilS" thcnumt;erofgraduatC5whopass idea that it's only a beauty pag studcntsat UC Davis, where the the iocreases for two ycars. COSt approach, she said. ''That'S an the bar. The college is in the eanL" "In lCnnsoftheU.S.News vote lOOk place, lOOk over an au- of living iocreases for staff were easy out," said Kane. "Boolt and midstofa five-ycarstudy aimed and World Report annual ditorium. The students OCCUPIed frozen last year and will lIkely be Stanford free ly in the building for over four days, frozen llC)(t year as well. Read admit that they and tllere were five arrests. said it would hU11 morale not to focus on theory Senate Bill 1645, signed by give the merit increases - an and don't try to SUMMER 199 1 CALIFORNIA BAR ExAMINATION the Governor in 1990, amended imponantconsiderationgiventhe teach their stu the Education Code to limit fees difficulty of recruiting and keep- dents bar pass PASS RATES FOR FIRST TIME TAKERS and tuition increases to 10 per- ing topacadcmics, he said. law, and yet they cent III any gIven year CllCCpt In Someoftheincreasewill fund still maintain a I . Stanford University 915 "emergeocy situations." In ask- a new coordinator position for very high pass ing for the 22 pertent increase, students with disabilities. The rate." 2. U.C. Davis 90.8 the Board of Rcgents labeled the remainder will used to Increase It is also un- 3 U.C. Berkeley 89.8 faltering eeonomy and the state staffhcalthbenefits. SttK!entser- likelythatLEOP fiscal crisis as JUSt such an emer- viceswillnotbeaffecled,accord- students· scores 4. U.C.L.A 858 gencySlluauon. ingtoMajerus. wereatfauh,shc 5 McGeorge University 80.4 Ultimately, Hastings' Board Hastings has saved some said. "That's of Directors is e)(pectcd to raise money by delaying spending in simply not the 6. Hastings 80.2 studentfeesatthesamerateasthe Ofdertoabsorbsomeofthcbud- case,"saidKane. 7. Loyola Law School 79.6 larger UC system. Although not get cuts over the past years. The "The graduates legally required to follow the UC early retirementofsixseniorfoc- who were pan of 8. U. of Southern CaL 79.5 Board of Regents, the B03Jd of ulty members last year under a LEOP passed at 9. Southwestern 76.0 Directors passed a resolution to special incentive plan adoptcdby a significantly raisethefeesbythesameamount, the legislature allowed the 001· higher rotc than 10. Pepper dine 75.9 bascdonS.B.I645'srequestthat lege to replace the si)( with any previous Hastings follow the UC's wition younger, lower-paid professors. LEOP group. It and fee structure. The fee in- In addition, state funds for new was the only positive tlling to in pan at discovering any such rankings, a school's bar pass rale crease will beconsidered in depth clinical progrnms have been used come out of these latest figures," corrclatioll, bUI Kane said she is not even a faclOr," Kane said. by the financecommitlee in Feb- temporarily for other projects. said Kane. The LEOP students' doubted it would ever be possible Kanecorocluded that Hastings mary and is e)(petlcd to be ap- Thrteycarsagothestateapprovcd pass rate was 55%. to design thc pcrfectcurriculum slUdcllts shouldn't bcCOllccmed provedbythefull board in March. funding for three new clinical Whatever the reason, the ad- for passing the bar. 'Tdlovcto about thclalcsl statislicsbccause Read said any dcpanure from programs. Twoofthem, the civil ministration does not see tlle lat- sctastudent's mind al case and studcnts gcnerally do not choose the Board of Regents' fee struc- and criminal practice clinics, arc cst figures as a reason to build a Just say, 'Talc Remedies and law schools based Oil thclr bar ture could only hun the school. now 111 placc. Thethlrdprogram, more bar-oriented curriculum. you'll be all right,' but we don't pass rates. "Igucssit'scooceiv The SLate legislature has always an in-house ehnie, has yet 10 be "We're Hastings College of the have that kind ofdat.a,'· shcsaid. able to choose solely on thatsta budgetcdforHastingsinthesame completed. Consequently, the Law, not a bar prep school," As The implieationsorthestatis tistic," said Dean Kane, '·bulit's manner as it has for the Univer- Conri"utdall I'l!gt 15 sociate Academic Dean H.G. ticsforHastings'nationalreputa- probably not rauona1." ~~:~~~~~::~~:u~~:~n~ r;======~==== messagelOthelegisJaturethatthe college doesn't need the c.>:lnl Writers' Meeting money, Read said. Law schools are often seen as Icssnccdy than o!hcr scgmentsofthepublieedu cation system because of the relatively high staning salaries of Law News thegraduatingswdents.Rcadsaid. Twoycarsagothest.:lteenacteda S376 "special fee" for law and medical students in tnc UC sys Monday. February 17 @ tem, including Hastings, based on this bchef. Theaverageannualoostto-the state for each student in the Uni versity of Califomia is between S 12,000 and SI3,ooo, only about 25 pcrcent of which is covered by student fees. Given the state's ecOliomic condition, Read said that"forthequalityoftheeduca tion and for the tOlal tuition package, students are getting an el\t.raOrdinary education with an enormous amount of sufferiog by Even if you have never worked for a the taxpayers ofCalifomia." paper but love to write, we have a Thee)(tTaSSSOpcrslooen\will position for you!!! increase Hasllngs' total budget by $693,000. A large poniOli of 198 Bui lding. B-27 thenewrevenuewillbespenton l!oo======,,! Pagt14 Hastings Law Ntws Ftbruary4,1991 The DUE microPROCESSor By Kevin L.ee Thomason lions the programs will ask about then a comma) to the number the the kind of system you have.lf ST"FFWRITER modem is supposed to diaL The youhaveproblemsduringinstai effect is just like hitting *70 on In HasLings' compeLiLiveen lation and/or setup, contact your your phone handset, and it will vironment, using computers is local LEXIS or Westlaw rep or usually disable call wailing. The practically a requirement. But call the customer service number. comma tells your modem to wait unfortunately, most of us don't If you don't have a modem, two seconds before actually dial have the time or inclination 10 you need to buy one to access ing the database number. Some keep up with new law-related LEXIS, etc. at home. Buying a softwarc givcsyou the option of computer technology. modem isnothard,sodon'tworry. disabling call wailing, in which Hopcfully,lcanhelp.I'llcover You have two main decisions to caseyoudon'tncedthislittletrick. a new hardwareorsoftwarctopic make: Note that most information each month in the Due Micropro • TYPE: Do Iwantanintemal services (such as LEXIS, cessor.Sincethiscolumnisaimed or an external modem? Wesllaw, Prodigy, America at thcnovicecompulCruscr, I'll • SPEED: Do I want a basic Online,Genie,CompuServe,etc.) try to keep it simple. 2400 baud modem, or something havelocalaccessnumbcrs,soyou For first years, spring scmcs fancy, like a (fast) 9600 baud don't generally have 10 worry termeanslcaminglOShepardize modcm or a fax/modem? about a big phone bill. But be all over again. only this time it 's Internal modems arc less ex aware that most info services by computer. On the bright side, pensive and do not tie up serial (except for Prodigy) have a per that means no more fighting over ports - which you also need to houronlineratethatwillbebilled copiesoftherclXmersandcodes, hook up your mouse and \0 run direclly 10 you. You are tempo afld no more small fortunes spent some laser printers-or use pre- rarily exempt from such charges ciousdcsktop"realcs for LEXIS and Westlaw as long talC."lBM-compatible as you arc in law school. Take models cost anywhere advantage ofthesc otherwise ex fromS50toaboutSI20 pensive services while you can. and up. External mo- A final word. Don't limit yourself to using your modem PHoronDERuBEaOIB fkID ~~7e~ ~~ein~~~rtyl~~ onlyforLEXISorWestlaw. There don't have to remove arc many other online services Not only is climbing the sand dUN.S at Point Rcye an wilmating and your compuler's with more general appeal. These gravilydi.JtortinguperiO\ct,ilalsopfuvidesapf~"i_ingl«iJlionto obse",e California Gray Whales. Most OflM whale leave passed Pt. Reyes cover), but they are services allow you to do literally en rOlUe to Bajaa/ready, bw lhey will reappear in Murch as they head b INCREDmLE HASTINGS EDUCATIONAL BUNDLE!! Hastings Special Bundle Incllldes.· • Your choice of an Altima 386sx Computer • FREE MS-DOS, FAX/Modem SW, Carrying Case AltimaNSX: Altima Three: Altima I5X: • 3H6SX 20~IHz Processor • 3R6SX 16~IHz Pnx'essor • 586SX 20"IHz Processor • Full Size Keyhoard • VGA Screen ~' 52 Gray Levels • Full Stroke Keyboard • Large 10,6" VGA Screen • 16 Bit AT-Compatible SIOI VGA Screen w/32 Grar Levels ~' i 32 Gray Lerels 2400 Baud ~1"lem/ Send F Now Available Tbrougb tbe For Fllrlher In/onnalion Hastings College of the Law Bookstore oltimo Contact Your Altima Student Rep Phone: 565-4610 DanSafler