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4-14-1988 Hastings Law News Vol.21 No.6 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.21 No.6" (1988). Hastings Law News. Book 158. http://repository.uchastings.edu/hln/158

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]. Gym fee approved FORUM FEATURES NEWS D.C. Regents should Goren WordPerfect 5.0 Prof. Joseph Sweeney supervise Board of to rave review joins 65 Club elected ASH Directors president .see page 8. . .. see .see page 4. 1 "1 1111111111111111111111111111111111111111 II by Chandra K Slack Staff Writer

Students went to the polls last week to elect a new set of ASH executive officers for next year. ASH Treasurer Leora Hastings Law News Goren won the hotly contested San FrancLSco, Caltforma April 1-1 , 1988 Volume 21 , :Yo. 6 race for ASH President. Goren ran on a slate with Irma Cor- dova, who ran for Vice Presi- dent, and Phyllis Bursh, a candidate for Treasurer. The slate won a decisive victory in the April 7 election on a plat- KGO Building, West Block form calling for increased stu- dent involvement in decisions at Hastings. Renee Fenton was ll10rtgaged to repay scholarship funds elected as a write-in candidate for Secretary. by P. rock and a hard place," Director Several Board members ex- The Board anticipates closing The trio appealed to "all in- James Ballantine News Editor James Mahoney emphasized pressed concern about the fi- a $3.5 million loan by April 18, terested Hastings students" to that the Board must meet an nancing arrangements, and to meet the Attorney General's call for a student member on Attempting to end a problem April 18 deadline for repayment critics have voiced concern over deadline for cash repayment of the Board of Directors of Has- which has plagued Hastings for imposed by the Attorney Gen- encumbering the KGO building, the scholarship funds. Board tings. The candidates also ad- over a decade, the Board of Di- eral, even though the Board and the fact that Hastings de- Chairman Harold S. Dohbs em- vocated expanding the rectors has moved toward re- continued to have lingering faulted on loans from United phasized the Importance of curriculum to include more solving the Califorma Attorney questions over many of the de- Savings Bank and the U.S. gov- meeting this deadline "We've electives, preserving clinical General's investigation of Has- tails of the financing plan. ernment. gone as far as we can go with and externship programs which tings's use of restricted schol- the AG," he noted, alluding to are increasingly restricted each arship funds to purchase West the numerous extensions grant- year, and extending library and Block property in the 1970's. ed to Hastings by the Attorney study hall hours. During the At its meeting last Friday, Wallach status decision General, which originally be- campaign, the candidates stat- the Board passed a resolution gan demanding the cash pay- ed their plans to work to en- which provides for Hastings to back ｬ｡ｾｴ＠ August. large career services to serve engage in a complicated series postponed by Board The financing arrangement more of the student body and to of financing arrangements in- approved by the Board involves induce the Board to pay for volving West Block properties, by Chris Palermo But AdviSOry Board member three separate loans: a $3.5 more student services, instead the KGO building, and Mc- Editor-in-chief Joseph Rogers, speaking for million loan from WestAmenca of taking all such expenditures Allister Tower. Of the funds Wallach, disagreed, saying the Bank, secured by the West out of the ASH budget. raised, 2.8 million will be used In a heated sessIOn last Fri- College Board must take action Block properties; a $2 million Goren's main concern and to repay, with interest, scholar- day, the Board of Directors reo to dismiss Wallach, who attend- loan from United Bank, secured strongest pledge was for the ship funds improperly used to viewed a report by Dean Daniel ed the meeting but remained SI- by the KGO building; and a student member on the Board. purchase property. The Attor- Lathrope on the status of the lent, $2.5 million loan secured by She plans to accomplish that ney General's office will super- Center for Trial and Appellate "The College of Advocacy IS McAllister Tower. objective using three steps. vise the establishment of a Advocacy's embattled leader, E, separate from Hastmgs," Ro- West Block encumbered (or First, she will work to amend trust which will administer the Robert Wallach. After charged gers asserted, "and [Hastings'] $3.5 million the state code governing Has- repaid funds. debate, the Board continued the Board may not have authority The $35 million West- tings to provide for student ''Between a rock and a matter until its May 6 meeting. to appoint the advocacy center America Bank loan, secured by membership. Second, she will hard place" The postponement defused an dean." According to Rogers, the Hastings's West Block proper- (continued on page 15) Noting that "we're between a explOSive situation which has Hastings Board mtentionally ties, is expected to close by been simmering since March 4, left the center Dean's role indef- April 18. The West Block is th" at ac .c w .. w when Wallach's status arose in inite. Roger · nou'd that Wal- block bounded by McAllister, a closed-session Board meeting. lach "is the de facto per:-on in Hyde, Golden Gate, and Larkin Miller to speak Lathrope told the Board then charge," who ｾ ｨ ｡ｳ＠ heen our Streets, in which the 200 build- that Wallach had never been leader" for years. ing is located, Hastings cur- approved as an official "dean" of But Lathrope reported that rently owns every property in at graduation the center. An unidentified General Counsel Max Jamison the block, except for the Board member leaked the story had advised him that "the Col- Abigail Hotel on McAllister Professor Arthur R. Miller of toughest to give," Miller said, to the Chronicle on March 9, lege must exercise control of the Street, and the city-owned Harvard Law School will ad- "it's a very tough environment saying that "there was concern College of Advocacy program, steam plant on the corner of dress the class of 1988 at com- and you can't be too serious." that [Wallach's] name not be as- as well as all other programs, McAllister and Larkin Streets. mencement exercises, Dean Miller said he accepted the sociated with the school, which through the Dean of Hastings The 200 building is not includ- Lathrope announced on April 8. College's invitation at the be- draws on lawyers and judges and Registrar, who are the au- ed in the loan. Miller, a nationally-known hest of Academic Dean Mary nationWlde for participants and thorized and constitutionally The interest rate of the loan authority on civil procedure, Kay Kane, whom Miller said "is faculty." designated officers of [Ha - will be the prime rate plus 2%. was twelfth on a list of speaker one of my dearest friends in Although no official vote was tings)." a tandard rate for commercial candidates developed by stu- life." Kane was Miller's student taken at the closed meeting, the Director Kneeland Lobner borrowers. Kerley stated that dents, faculty, and administra- at the University of Michigan, Board accepted Lathrope's re- suggested that, in the interim. the College could not get a low- tion. where Miller taught from 1965 port, effectively severing Wal- the College should stop printing er interest rate (generally avail- In a lively telephone inter- to 1972 before joining the Har- lach from the center. material bearing Wallach's able to government and non view with the Law News, Miller vard faculty. Lathrope reiterated his find- name. Wallach has been listed profit organizations) because said that while he has not cho- ings to the Board on April 8, as center Dean in the College the property is to be used for sen a specific topic for his The author with Cound, but made no further recommen- bulletin and other publications. commercial and not educational speech, he doesn't favor Friendenthal, and Sexton of dation for resolving the matter. Lathrope said that as Dean, he purposes, precluding the inter- "weighty topics such as the law- Cases and Materials on Civil Chairman Harold Dobbs sug- holds full responsibility for the est paid by Hastings to a lender yer's duty to the poor or what Procedure, Miller also serves on gested that nothing need be Center's actions and would ap- from being tax-exempt. we should do about Central the Advisory Committee on the done, since "[the Center doesn't prove all its publications. According to the Board's res- America." Federal Rules of Civil have al Dean and we don't need Trouble began for Wallach olution. $2.8 million of the "Graduation speeches are the Procedure. • one. The College can run the when he was indicted last year funds generated by the $3.5 ,. College of Advocacy," (continUC'.d on page 15) (continued on page 2) M M M M M Hastings Law News April 14, 1988

Press packs Board room Briefly noted To\Ver rent hiked The Platonics will close out the year Friday, April 29th, by James P. Ballantine meeting were Chairman Harold report to the Board, Lathrope also introduced Patricia Hewet, with live music on the beach. News Editor S. Dobbs, Vice Chairman My- and Kerley cited Coldwell a full-time legislative represen- ABA reps win member- rorl "Doc" Etienne, Ralph Abas- Banker's track record, low fee tative recently hired by Has- ship awards-Hastings Amer- A standing-room only crowd cal, John Knox, Kneeland H. for construction work, and in- tings. The representative ican Bar Association Law packed the Justice A. Frank Lobner, James Mahoney, Char- tent to retain the engineering position is newly created; the Student. Division Representa- Bray Board Room on the third lene Mitchell, and John Sproul. team currently working in the Dean's office handled govern- tives Thomas H. Wolfe and Lau- floor of the 200 building as the Absent were Joseph Cotchett Tower. Coldwell Banker's man- mental relations during Bert rie S. Armstrong won awards Hastings Board of Directors and Jan Lewenhaupt. agement fees will involve no in- Prunty's tenure. from the ABA for recruiting held its April meeting last Fri- The Board approved a pro- crease to the present contract ABAILSD student members, the day. Spectators included Col- posal by Dean Daniel J. Lath- amount. Suggesting that some Col- organization announced on lege staffers, ASH officers, rope to increase McAllister Lathrope and Kerley also not- lege-executed documents may Mar. 21. community residents, and the Tower rent for fiscal year 1988- ed that the new contract will di- lack legal validity, General Currently, 38% or 522 of San Francisco press corps re- 89. The increase will hike the vide responsibilities for the Counsel Max Jamison reported 1,341 Hastings students are sponding to a report that be- rent for an average apartment Tower from the West Block, in that while he and his predeces- ABAILSD members, Wolfe said, seiged attorney E . Robert by 4%. According to Lathrope, the event that use of the West' sor have been "certifying and placing Hastings in the top nine Wallach would personally at- "Currently, the average apart- Block properties is changed. executing documents on behalf of 175 ABA-approved law tend. At its lengthy meeting, ment rent is $473 per month Coldwell Banker will replace of the College in the capacity of schools throughout the nation. the Board approved a complex and with a 4% increase would Milton Meyer & Co., the current Secretary" since 1980, there is Wolfe and Armstrong recruited financing scheme to resolve the be $493 per month." manager of Hastings commer- "some question whether that 10% more students than last West Block scandal and Attor- cial and residential properties. authority has been properly es- year. ney General's investigation, and McAllister Tower will also be Milton Meyer has managed the tablished." • The ABAILSD serves as a also considered the fate of Wal- administered by a new manage- Tower since its purchase by the The Board passed a resolu- transitional link between law lach's role as Dean of Hastings' ment company. The Board au- College in 1980. The company tion "confirming and ratifying" students and the profession, Center for Trial & Appellate thorized Lathrope and Chief did not submit a managment a $2 million loan from United providing publications and ser- Advocacy (see stories, page 1). Financial Officer Robert F. Ker- bid to Hastings. Savings which had been signed vices which inform students Working from a packed agenda, ley to award Coldwell Banker Dean Lathrope reported on by Jamison as Secretary. No about different aspects of the Board also considered sev- the management contract for his recent trip to Sacramento to Board member raised the ques- lawyering. - eral other administrative matt- the Tower and College-owned attend hearings over Hastings' tion of whether additional doc- Grodin to teach for USD ters. commercial and residential state budget conducted by the uments signed by the Secretary in Ireland-the University of Board members attending the West Block properties. In their California Assembly. Lathrope will also need ratification. - San Diego announced that Has- tings Professor Joseph Grodin will teach Comparative Civil Liberties during the USD law KGO Building, West Block program in Dublin, Ireland, this summer. (continued from page 2) Tenants to be relocated However, encumbering the principal. The loan of $2.5 mil- The 6-week program, which million loan will be used to re- Kerley noted that expenses to building has generated contro- lion, from a bank not identified begins June 27, deals with in- pay the scholarship funds, per relocate certain "life tenants" versy. in the Board's resolution, pro- ternational human rights. the Attorney General's request. are among the transaction costs The KGO building was donat- vides funds only for repayment The remaining $700,000 will be which will be paid from the The summer session, co-spon- ed to Hastings in the mid- of the discounted principal and sored by the faculty of Univer- used by Hastings to pay various $700,000 of the loan funds. Ac- 1980's for academic use by the transaction costs associated transaction and interest costs cording to Kerley, the College sity College, Dublin, will be College. Sources familiar with with the loan, and will provide held on the grounds of Trinity related to the properties. The has given life tenant status to the transaction transferring the no payment to any West Block- College, which was founded in Board's resolution provides for some residents currently living building told the Law News that related funds. 1592. the College to solicit bids for in West Block apartment build- there was an explicit, but un- The loan is expected to have Grodin, who joined the Has- ground options on the parcels ings. Kerley proposed that the written, requirement by the do- an interest rate of approximate- tings faculty last fall, formerly from developers planning to use College either offer cash to each nor that the building not be ly 10.5% and a term of 10 years. served as Associate Justice of the properties for office build- life tenant who voluntarily re- encumbered or used for any Kerley indicated that interest the California Supreme Court. ings. Director Charlene Mitch- locates, or move all life tenants commercial purpose. Encum- paid is not subject to tax-ex- He has taught at the University ell noted that discussions with to the apartment building at bering the building in order to empt status, because it is a re- of Oregon and Stanford Univer- Mayor Agnos's office indicated 250 McAllister and exclude this finance West Block real estate payment of a discounted loan. sity, and has authored numer- that the city administration building from the ground lease. is contrary to the intent of the While terms of the original ous publications. Grodin earned supports the use of the West donor, according to these HUD loan were very favorable his baccalaureate degree from Block for government offices. sources. Director Etienne, who (3% interest with a term of 33 United Savings loan in de- U.C. Berkeley, his law degree voted against the financing years) the Board was provided According to the income pro- fanlt; KGO building encum- from Yale, and earned a Ph.D. plan on Friday, stated that he with no information comparing jections prepared by Chief Fi- bered from the London School of Eco- wanted to "protect the KGO cash-flows and present values of nancial Officer Robert F. Kerley, The second loan of $2,034,978 nomics. building from being used as se- the existing ' and proposed the option to develop the West from United Savings Bank was Grodin's course will compare curity for a loan." loans. Such information is gen- Block should generate approxi- closed on February 2. The laws of Ireland, England, and erally used to compare the rel- mately $760,000 in annual in- Board ratified the closing of the the United States in four prin- McAllister Tower refi- ative merits of alternative come. Once a building is loan on Friday. The loan actual- cipal areas: freedom of political nanced financing proposals. developed, annual income gen- ly refinanced a loan, of approx- dissent, obscenity control, The Board resolution also di- However, independent finan- erated by a lease should in- imately the same balance from church-state relations, Ｍｾｩ＠ ra- crease to approximately the same bank, on which the rected Kerley and Jamison to cial advisors analyzed such in- cial/sexual discrimination. _ $960,000. Kerley's report im- College previously had default- expedite the refinancing of formation regarding the two plied that this income would be ed. The original loan was se- McAllister Tower. This transac- loans, and estimated that the more than sufficient to service cured by West Block properties tion is completely unrelated to College would realize some fi- the new $3.5 million debt; how- and had gone into default after the West Block financing, and nancial gains through the pro- Gymnasium ever, the report did not include the College ceased making pay- was authorized by Board action posed refinancing. any specific cash flow projec- ments in November 1986, ac- taken in March. The new loan Board divided Opens tions. cording to General Counsel will refinance the low-interest The resolution to enter into Max Jamison. At the time of re- HUD loan currently held on the three loans was not passed The Board's loan agreement financing in February, the Col- floors 5-19 of the Tower. unanimously by the Board. Di- Friday with WestAmerica Bank allows lege paid United Savings Bank The Board action came in re- rectors Myron "Doc" Etienne Hastings one year to award a $93,395.10 to cover interest sponse to an offer by the U.S. and John Knox voted against 3:30-6 ground lease of all or part of the payments delinquent since Feb- government to discount the out- the resolution, with 6 other di- West Block on terms satisfacto- ruary 1987. standing principal of the loan rectors voting in favor of the tentative hours ry to the bank, in order to make The refinanced loan is se- by 67% upon immediate pay-off resolution. The directors com- repayments on the loan. If no cured by the vacant, College- of the loan by Hastings. The of- prising the majority were the 7 a.m.-1 a.m. ground lease is signed, the owned KGO building, but in- fer was made because the loan same 6 who voted in a block agreement provides that the come to service the loan will had fallen into default after the last spring when the Board was basketball College must sell the West come from option and lease in- College missed a payment in sharply divided on fundamental Block properties in order to re- come generated from the West 1981. The College has until issues of College governance. exercycles pay the loan. Block, according to Kerley. May 31 to repay the discounted (continued on page 15) April 14, 1988 Hastings Law News Admissions office flooded Nevv offerings, professors with applications Hastings received 20% more account for the difference. Ad- highlight fall course schedule applicants for the entering class ditionally, the high profile of at- this year than last, the admis- torneys during televised by Lani Battiste course will stress protecting drudgery of reading cases. sions office reported. Virginia hearings last year on the Iran- Staff Writer software, and will explore Two mini courses offered by Aducayas of the office told the Contra affair and the failed emerging high-tech issues such Professor Scott Sundby include San Francisco Banner Daily nomination to the Supreme The 1988-89 Pre-Enrollment as mask work protection under Advanced Fourth Amendment Journal that Hastings received Court of Robert H. Bork are Schedule distributed late last the new Semiconductor Protec- Theory (fall) and Capital Pun- 4,331 applications for 430 also offered as explanations. month indicates additions of tion Act. ishment Seminar (spring). places in the first year class, The October stock market crash various new seminar courses, The 1988-89 academic year Sundby said he decided to teach representing the greatest single may have soured applicants on visiting faculty members, as marks the introduction of new the Fourth Amendment Theory year increase since 1976. the prospects of business well as changes in faculty I-unit mini courses which allow class after recently finishing an Other schools reported strong school. teaching duties. professors to explore areas of article on the subject. He ex- increases in applications, indi- Boalt Hall, which has open- Among the new offerings is a personal interest which do not plained that the course will fo- cating that interest in legal ca- ings for 270 students, experi- course on sports law which will merit a full 3 or 4 unit course. cus on what commentators have reers is soaring. With the enced its greatest increase--a be taught by Dean Daniel Lath- Academic Dean Mary Kay Kane said about Fourth Amendment application period closed or whopping 29 percent over last rope in spring 1989. Lathrope said that the faculty decided to theory with little case law. nearly over, bay area schools re- year-since a dramatic rise in told the Law News that the experiment with mini courses The Capital Punishment ported increases in applications applicants during the early course will examine the appli- to see if students like them and Seminar, prompted by Sundby's between 10 and 30 percent over 1970s spawned by the civil cation to a particular environ- to "add some flexibility and col- own interest in capital punish- last year. rights era of the 1960s. This ment of many legal fields such or to the curriculum." ment, will be a practice-orient- Admissions officers around year, admissions director Ed- as antitrustJregulated indus- Among the mini courses of- ed course, focusing on the the bay and the nation agree ward G. Tom said, the school re- tries, labor law, contracts, fered is Literature and Law procedural aspects of appealing that the popularity of the "L.A. ceived 5,279 applications. agent-client relations, and de- (spring), taught by Professor a capital punishment case. Law" television program may Stanford will process about velopments in First Amend- Joseph Grodin, which will ex- California Nonprofit Corpo- 4,725 applications for its first ment issues such as drug plore the modern principles of ration Law and Charitable year class of 170, according to testing and advertising en- culpability from a historical Foundations Seminar (spring) Assistant Director of dorsements. perspective through reading will review operating problems Last Law News Admissions Margery Savoye. Lathrope also plans to ex- non-legal material such as clas- faced by California's nonprofit This is the last issue of the That is expected to be an in- plore tax aspects of athlete rep- sical literature. Grodin ex- corporations and chari table Law News. Thank you for the crease of at least 24% over resentation, noting that careful plained that he was prompted trusts. Sessions will focus on opportunity to serve you, and 1987-88. tax planning is required for to teach the course by his own the formation, operation, and remember to patronize our ad- USF's assistant dean of ad- athletes who earn high salaries participation and interest in termination of nonprofit corpo- vertisers-they keep the Law missions, Kenneth Lloyd, said for short active careers. seminars with attorneys and rations. and will look at special News coming to you each he expects an increase of at Also offered next fall is Com- judges which studied applica- problems of revenue generation month. least 10 percent when numbers puters and Law (2 units), de- tion of law throughout the ages, and tax exemption these orga- The next issue will appear in are tallied after USF's April 1 signed as an advanced and which considered issues re- nizations face. September 1988. For ad place- deadline. The school will accept copyright course for students maining today. Grodin further Along with the addition of ments, contact the business of- 200 students in its entering familiar with fundamental commented that the course will new courses, there will be {ice, 565 4786. _ class. - principles of copyright. The offer instructive relief from the (contznued on page 15) BETTER GRADES. LESS WORK. "I discovered Law fn A Flash while in my last year of law sclwol. I needed a means of quickly reviewing Evidence. and I didn't relish going over a lengthy bar outline. The cards were faruastic! Laler,l used all the Law In A Flash subjects to study for the MBE. I honestly oon't think I could have passed the MBE wilhout them" Lolita K. Buckner-Innis, Admitted to the California Bar

"I used Law In A Flash for Evidence, and got an A+ on my exam. wilh the second highest grade in the class 0[70 studenlS. I can honestly say thal Law In A Flash was instrwnen1al in my success." Maureen McCroskey, Univcrsity of Dayton Uiw School

"When I took Torts Iasl semester, I wen/ to every class, bought outlines and reviewed my notes. I thought I was ready for my exam. Then I picked up Law In A Flash. It mode me realize how little I really understood. I used Law In A Flash and got the top score on my exam. I know Law In A Flash rnLILk lhe difference." Jobn ｾ＠ University of Bridgepc:xt Uiw School SAN FRANCISCO Restaurant & Lounge • Civil Procedure 1 • Criminal Law • Property 80 ROOMS. PRIVATE BATHS· TELEPHONE· COLOR TV • Civil Procedure 2 • Criminal Procedure • Sales 685 ELL! at LARKIN • SAl' FRA. 'CISCO, CA 94109 • Constitutional Law • Evidence • Torts (415) 474-5720 or call • Contracts • Future Interests • Muttistate Bar Set TOLL-FREE (800) 227-3608 HURRY WHILE SUPPLIES LAST Rates $45-$65 AVAILABLE AT: THE HASTINGS ｆｌａｓｈｃａｒｄｓＧｾＢｾｾＺ＠ Law in LAW BOOKSTORE Page 4 Hastings Law News April 14, 1988 Joseph Svveeney-nevvest 65 Club member

issance in preparation for the began to study law in 1938), by Ron Zollman Normandy invasion. Sweeney discussed age and the ability of Staff Writer and another man trained fifty professors to continue to teach Joseph M. Sweeney, whose ca- teams of agents, who later par- as they get older frankly. "I reer includes training French achuted behind German lines. have a sense that there's a sen- intelligence agents during timent of suspicion of older peo- World War II and representing After leaving the Army in ple on the part of students," at the United States in a suit over January, 1946, Sweeney imme- Hastings. "I think that a lot of American trading rights in Mo- diately started studying Amer- the people they· criticize (in the rocco, has become the newest ican law at Harvard University. Headnotes) are fairly vigorous, member of Hastings' "65-Club." While studying in Boston, intellectually or otherwise. As a Sweeney was born in Phila- Sweeney met Barbara Cooper, matter of fact, some of the over- delphia, but was taken to Gren- who he married in June, 1948. 65 people have more to give and oble, France at the age of five. do it better. So I think it's right There, he set his sights on scal- With his background in civil for students to be concerned if ing Mount Everest some day. law, the young lawyer was of- someone's getting too old and Sweeney studied law at the fered a position as Assistant to doesn't have the kind of vigor, University of Grenoble from the Legal Adviser at the State intellectual and physical, to put 1938 to 1941. Following the at- Department. It was there that things across. But so long as he tack on Pearl Harbor in 194 , the opportunity to work on a has that, he's just as good as he and his brother useq their once-in-a-Iifetime case arose. anybody who is twenty-five or American passports to return thirty." to the United States. Sweeney and Adrian Fisher Yet, talking about age with were chosen to represent the Sweeney is like talking about Though not ､ｲ｡ｦｴ･､ｾｓｷ･･ﾭ United States before the Inter- something that happens to oth- ney had contracted polio three national Court of Justice in er ｰｲｯｦ･ｳｳｯｲｾｩｴ＠ doesn't seem years earlier at age 18, which 1952, to argue the trading to apply to him. A foot-tall left him with a permanent leg rights of American business- Joseph Sweeney, who specializes in international law, foUowed a stack of paper sits on Sweeney's disability-the would-be adven- men in Morocco. The pair colorful, adventurous path around the world before settling at desk-the newest edition of his turer volunteered for the Amer- turned out to be the youngest Hastings. International Legal System. ican ski troops. Unfortunately, attorneys ever to argue before position. So Sweeney, author of the Moreover, Sweeney has plans the outfit he ended up with was the Court of Justice. In 1956, Sweeney left the much used textbook, The Inter- for articles in areas he has nev- part of the infantry, and Swee- State Department to teach at national Legal System, taught a er written on before, and is in- ney found himself climbing Sweeney noticed that some of New York University and to course at Hastings in Interna- terested in learning more about mountains with a hel;lVY pack, the treaties involved-dating serve as Associate Reporter for tional Law during a summer modern physics. using few of his intellectual back as far as 200 ｹ･｡ｲｾｯｵｬ､＠ the Restatement of the Law of sabbatical in 1978 to acquaint Sweeney points out that he skills. be more favorably interpreted Foreign Relations of the United himself with the school. He came to Hastings not just be- in French than in English. States. In 1968, Sweeney ac- knew many other professors at cause of the 65-Club, but also After his stint in the infantry, When the American team dis- cepted an invitation to serve as Hastings, and even though Tu- for the location. "It's not just a new assignmp.nt came Swee- covered that seven of the eleven dean of the Tulane University lane later raised the mandatory that [San Francisco) is beauti- ney's way through Justin justices hearing the case spoke Law School. After several years, retirement age to 70, "that re- ful, it has lots of character." O'Brien, Chairman of the French more fluently than En- concern about mandatory re- moved the pressure but left the Never disenchanted with moun- French Department at Colum- glish, it was decided that Swee- tirement at age 65 prompted idea," Sweeney said. tain climbing despite his days bia University. O'Brien decided ney would present his argument Sweeney to consider where he in the infantry, Sweeney points to use Sweeney's French back- in French. Two months later, might move to after Tulane, out, "You can go into the moun- ground by having him train the court announced its unani- "and I knew about the Club-65 The professor, whose legal ca- tains or you can go to the water. teams of Frenchmen for recon- mous decision for the American here," he said. reer spans fifty years (since he It's just extraordinary." - Involvement in ASH brings results

by Ellen Schned social, political and legal topics. Learning Resource Center must Treasurer Leora Goren did Brown, Sr., who will speak ASH President As an ASH member you may be addressed next year. an outstanding job in oversee- April 29 at 11:40. pursue an area you find compel- Run for Executive Office-I ing ASH's $30,000 budget. The Finally, ASH secretary Susan With the year winding down, ling by either working on an ex- wish to congratulate the '87-'88 treasurer devises a budget pro- Burns served as parliamentari- I wish you good luck on exams isting committee or formulating executive officers and the ASH cess and makes recommenda- an and public relations chair- and upon graduation, ·and one of your own. Council on a job well done, and tions to the ASH Council for person. In addition to taking thank you for the opportunity Student Committees-This wish the incoming officers and distribution of funds. minutes at ASH meetings, her to serve as student body presi- year ASH established several administration the best. The The Arts and Recreation Di- committee publicized events. dent. I feel very fortunate to committees to work with the new Council will have the re- rector coordinates athletic pro- have met so many dynamic, in- faculty and administration. A sponsibility to sponsor events grams and social events. Frank Next year's administration telligent, talented and special number-one priority has been which best meet the needs of Watson did a tremendous job will inherit the responsibility of people over the past three years greater student participation in the diverse student body. securing the gymnasium, orga- following up on many important (including but not limited to administrative decision-mak- The ASH President's duties nizing sports programs (assist- issues including: improving al- section 1, Class of '88, the '88 ing. You may choose to work on include reporting student ed by Tim Freudenberger, umni relations and student in- ASH Council, and Rudy Kraft). an academic, service, adminis- needs, concerns and progress to Brian Finn, Paul Orbuch and put at the college; the West While progress was made trative, or social committee. the Board of Directors, the Gary Green), and throwing sev- Block properties; the structure this year in improving the col- To inform students and get administration and faculty, the eral successful dances and beer and development of Hastings lege, there is still a tremendous student input on important is- alumni, and the student body. I bashes. Special recognition goes under the new Dean; and Phase amount to go. I encourage you sues, many surveys and peti- have worked on bridging the to ASH aerobics instructors II of the gymnasium,. to take an active role in making tions were circulated this year. gap between the various levels Deborah DeHart, Kari Erick- The new Dean will be in chan3es, rather than complain- By informing the Board of stu- of the college, and the response son, Kami Larsen and Toni place by the next academic ing about the state of affairs. dent concerns, we were able to was positive. Forge. year. He will be instrumental in You will have a much richer law secure the gymnasium and rep- The Vice President is primar- The gym grand opening is setting the structure and prior- school experience if you make resentation on the Dean Search ily responsible for overseeing slated for April 15 in McAllister ities of the college, and estab- the effort. Committee. To ensure contin- student organizations. Irene Tower, and the procedure for lishing a long range There are many ways you can ued student input, the Board Bueno has done an excellent using the court will be posted in development plan. It is critical get involved without devoting passed a resolution providing job. She worked hard coordinat- the SIC. ASH has already that every segment of the Has- an extraordinary amount of val- the ASH President a regular ing the Information Faire, the raised over $2000 for phase II tings community, including stu- uable law school time by partic- position on the Board agenda. used book sale, ASH elections, of the gym (for weights, bikes, dents, continues to have input ipating on ASH, or joining a The Board has been informed and developing a user policy for etc.) and will continue to seek into those decisions. Dean Dan- special committee or an orga- that the Student Loan Amnesty the p.A. system. Next year's alumni and college support in iel Lathrope was very ap- nization. Project (SLAP), phase II of the Vice President can work to con- this area. proachable and responsive to Participation on ASH: gymnasium, improvement of tinue to improve the relations We will close out our year of student concerns this year, a ASH sponsors and co-sponsors the Career Services office, and and communications between events by hosting ex-California tradition which his successor events covering a wide range of free use of computers in the ASH and thejorganizations. Governor Edmund G. "Pat" should follow. _ April 14, 1988 Hastillgs Law News Local district election Assembly candidates address Professors, classes students lampooned In Revue

by Rene A. Fenton Addressing those issues, Ach- his experience glVes him the yers, but the critics split. Then by David Kahn Staff writer tenburg emphasized the need ability to assert quickly the there was Prof. Sundby in The for better and more widely concerns and needs of the dis- On Friday, April 8, a sold out LIttle Shop of Horrors. The hor- available child care. She also trict. audience of 400 people were en- ror was not the Professor's stressed that public education While Burton discussed his tertained by their peers, profes- voice, but his benign character- John Burton was elected to needs improvement through in- past legislative accomplish- sors, alumni, and two rock ization of a dentist with a power the California Assembly for in a creased legislative support. ments at length, he also bands-the Platonics and the drill. The critics then reviewed special 16th district election on Achtenburg also discussed in- stressed what he felt

KAPLAN-SMH WELCOMES HASTINGS BARRY JOSEPHSON TO OUR BAR REVIEW FACULlY

K,'pldn-SMH Bdr Review Services IS pledSed to welcome B"rry S losephson to our California t"eulty Belore 10ining Kapldn-SMH. Mr. losephson V""., (he Editor -in· Chief of the losephson Bar Revlc\\ CC)(U and Its legal study aids division (the de\.eloper of Sum II>. Substance books and tapes) ,1nd 1M'> been helping law school graduates PdSS books, outlines, notebooks ... their bdl ･ｘ､ｭｾ＠ for more than 17 years. A." the Intellectudl Director of the Kaplan-SMH Cdh fornld Bar Review Program. Mr Josephson will be lectuTlng on substantive Idw. test-taking tech- . . . even hard-to-find essentials nique,>. "nd essdY writing . ｾｩｗｵｎＭｓｍｈ＠ ｾ＠ ｉｂａｾ ｉ＠ ..ｾｬＧＺｻＡｾｾ ｾ ｖｉｃｅｓ＠ -always m stock! :.'.)1SJ ...... 104 ' sn:m"''IIS (4ISl'U-IIIS 10 ｾ＠ &'fflii,I lAltISNI '.'\Jll1-Otfl*MAMIJOIIiIlf8lllN.OWO '.IS1S ...... '''' ｾ＠ f1ISJ smn SAM fUIIMlS(O t Uf .. ,... hr.H "1f JO",l'l ',on "ipedk on ,o;say wrlttng a rMS the II.,. 1<-1'" IUe<\ldV. <1/11 at III 10pm In Classroom A April 14, 1988 Page 6 Has/iugs LaUt News

Records • Views • Reviews Features Games • Diversions Casual Gods-one Talking Head IS as good as several

by Michael Cox weaknesses as a vocalist. On not apply." On other songs, the Staff Writer keyboards, Harrison shows ver- lyrics strike familiar themes, satility by creating a whole but state them in a new way. "A Jerry Harrison has just re- range of different sounds, and Perfect Lie" refers to a sexual leased a solo album. The Talk- sensibility in using these act so pleasing to the man I'n ing Heads have also released a sounds to form a tightly crafted the receiving end that he must new album. Strangely enough, style of pop music. Harrison's question his partner "Who Harrison plays keyboards for vocals are mediocre, but he taught you how to do that? " the Talking Heads. Rarely in stays within his limitations. This album is one of my fa- rock music does an artist re- This album proves that an art- vorites of this year so far, and I lease a solo album concurrent ist doesn't have to be a great vo- am positive it will be on my top with the release of an album by calist to create and perform ten list at year's end. For those his group. great songs. of you who were wondering, the I believe that Harrison pur- album title Casual Gods is ex- posely chose to release his solo This album proves that emplified by the cover photos of album at the same time to show the album. The cover pictures his individual musical identity an artist docsn't have to 50,000 Brazilian men going in outside of the Talking Heads. be a great vocalist to and out of a huge hole mining He would prefer people to buy ｰ･ｾｦｯｲｭ＠ !"or gold. In the liner notes, Har- his album because they like it, create and great rison says, ''Though they look not because his album would songs like swarming ants or endless serve as a substitute for a fresh caravans of pack animals, they Heads album. Whatever the Excellent guest musicians aid are men, reduced to this condi- reason for the timing of its re- Harrison on this album. The tion by poverty and the bewil- lease, Harrison's solo album, most notable is rhythm guitar- dering indifference of casual Casual Gods, deserves a listen ist Alex Weir (formerly of the gods." delic, was with the Talking exists, and the system of apart- on its own merits. Brothers Johnson band, and "Casual gods" may also be an Heads in the studio, on tour, heid thrives in South Mrica. Harrison himself supervised most recently with the Talking appropriate descriptive term and in their movie. He recently Least of all, we in this country the clean production work on Heads as a studio musician and forkthe people who assassinat- served a brief stint with The cannot take these issues for Casual Gods. None of the songs in their touring band; Weir also ed reggae musician Peter Tosh. Pretenders. granted in light of a vice presi- suffer from the clutter of too appeared in the movie "Stop On September 11, 1987, three The lyrics on the album are dent who has stated that a nu- many instruments or bad mix- Making Sense"). Also worth men, two in business suits and often thought provoking. On the clear war can be "winnable" ing. In addition, the production mentioning is the great har- one who was reportedly a fre- song "Man with a Gun", Harri- and a president who has stated work successfully highlights monica solo on "Breakdown in synthesizer work on "A Perfect son states that a "pretty girl, that apartheid is a "tribal poli- Harrison's strengths as a key- the Passing Lane" by Jim Li- Lie" by Bernie Worrell. Worrell, young man, old man, man with cy." board player and hides his ban, and some excellent bass formerly of ParliamentlFunka- a gun, two people in love" are Tosh's messages are backed people to whom "the rules do by strong musical arrange- Sua Sponte quent visitor of Tosh's, went to ments. These arrangements Tosh's home in Barbican, an af- sound simple at first, but re- fluent area of Kingston, Jamai- peated listenings lead to a re- Take me out to the tailgate party ca. The frequent visitor got the alization of the subtle other two men into the house. complexities involved in Tosh's Once inside, they beat, pistol work. Beginning the album, by Dino Velez guy who forgot the bring the Dodger hung in effigy high whipped, and shot Tosh several ''TestifY' shows some interest- Features Editor tap for the keg of beer. You can above the cars help lost souls times. They also shot Tosh's six ing interplay between the key- avoid being the scapegoat for find their way to the party. house guests. Tosh and two oth- boards and the guitar. On "No This baseball season holds any mishaps by remembering a Third, (and most important- ers died. Who exactly killed Nuclear War" Tosh's horn ar- great promise for Bay Area fans few simple keys to a good time. ly) have enough food and drinks Tosh and the reasons why they rangements add a powerful because both the Giants and First, if you're going to have for everyone to eat at least killed him remain undeter- feeling to the song, while a low- the Athletics have talented and a large group, call the ticket of- twice. Why worry about run- mined. level guitar solo works behind exciting lineups. Yet, there's a fice in advance to order a block ning out? Just layout as many Just prior to his death, Tosh the chorus to provide a feeling great difference between the of tickets. It's hard to share a goodies as possible, because released his last album, No Nu- of uneasiness and chaos. teams being successful and en- good time if half the crowd sits when the game is over you can clear War, which has since been Most of all, Tosh's vocals joying the game as a fan. Face in the lower boxes while the rest avoid traffic and continue the released in the United States. make this an excellent album. it, with: . a 162 game schedule of the party squints from the party. The extravagance of the The album won a Grammy His vocals are full of conviction. one game rarely means much. Bob Uecker seats. Besides, if spread will, of course, be dictat- award this year in the reggae Like other great singers he has It's no use to worry about who's your group is large enough you ed by the individuals involved, category. In light of all these an inexplicable ability to trans- going to win the pennant the can become your own cheering! but follow the KlSS rule: keep it circumstances, I decided I had mit a strong personality day that you go to the park. So, heckling section. It's great to simple stupid! Traditional foods to check it out. through his vocals. Bob Marley, if it doesn't matter who wins, choose a player on the opposing are easier to work with and The lyrics on No Nuclear War who began his career with Tosh why bother going to the game at team to be the brunt of some stay fresh longer. Hey, if you evoke simple messages over a in the group The Wailers, was all? Although lots of fans just good natured heckling from the want to barbeque torteUini aUa tight reggae rhythm. Tosh sings another singer who breathed like to watch a good ballgame group. Bolognese you definitely don't out against nuciear war, apart- life into songs. with friends, there's a simple Second, good organization re- belong at a tailgate party. heid, and exploitation and sings Some speculate that it was way to make the game even quires that you choose a specific Finally, let good sense be in support of Jah, legalized Tosh's strong personality and more enjoyable-have a tailgate meeting place in the parking your guide. Arrive at least two ganja, and equal rights. outspokenness that led to his party. lot. It's no fun to worry about hours early, drink in modera- Though some would criticize murder. Tosh himself stated in A good tailgate party makes lost friends. So, if some people tion (to avoid that sixth inning Tosh for picking such "uncon- an interview with Musician a day at the ballpark memora- are unfamiliar with the lot, you hangover), and make sure your troversial" political themes as Magazine, "Many think I'm ble, even for those who aren't may have to draw a map. Even buddies get home safely after "no nuclear war" or "no apart- more dangerous than AIDS, baseball fans. Unfortunately, if everyone knows where you having a good time. Mter all, heid." I believe Tosh is simply and they wanted to keep me un- many attempts at tailgate par- plan to meet, bring something once you show the others how to saying we cannot afford to call derground because what I'm ties (especially by rookie sum- that they can use as a land- throw a good tailgate, you can these themes "cliches" and dis- singing is strong.... But let the mer associates) end up with mark when they arrive. A dis- relax and let them organize the miss them. Mter all, the possi- weak say weak things .... Only people pointing fingers at the tinctive car, a banner or a next one. - bility of a nuclear war still the strong survive." _ April 14, 1988 Hastillgs Law News Milagro Beanfield War: Question Woman lawyers battle for property by Audrey Israel Staff Photographer Leah Kalish law as an extension of Montan- Possibly, the problem arises be- Staff Writer a's ego and the developer's ill cause the film was adapted Are law students sheltered franz current gotten water rights. This is a from a detailed book. Thus, All those willing to venture view of the law long forgotten many of the characters in the events & world ciffairs? from typical Hollywood films (or ignored) by many law stu- book make only cameo appear- will want to see "The Milagro dents, and gives the film a re- ances in the movie. Introducing Beanfield War." A charming freshing perspective. so many undeveloped charac- film based on the novel by John John Heard plays Charlie ters results in some confusion Nichols, it is beautifully set in Bloom, a confused lawyer strug- because their presence and pur- the town of Truchas in northern gling with his conscience and pose are not fully explained. New Mexico. Co-produced and role as a lawyer. Bloom used to One comes away from the movie Cheri Love (2nd year): "I directed by Robert Redford, the be an activijt, a true fighter for With a rather impressionistic think it is ludicrous to imagine film tells the story of a dropout the people, but has given up his notion of what the story was that law students would have lawyer who helps the local peo- dreams. Bloom is sought out as about. fewer opportunities to consider ple defend their water rights the town's spokesperson, but re- Still, the movie successfully the issues. If anything (they against a powerful developer mains a weak character be- displays some of the fantastic have) more." and his political cronies. cause the film never gives any aspects of the book. The scenes The story revolves around Joe indication of why he has given with Amarante, the town's Mondragan (Chick Vennera) up, or what he sought to im- death defying grandfather and his efforts to irrigate his fa- prove when he was an activist (played by Carlos Riquelme) are ther's dormant beanfield. The attorney. He mutters a few le- well done. Amarante believes town people lost their water galistic phrases, and that's it. in saints and angels. He also rights long ago, and are close to This is one instance where the talks to the spirit of his dead being forced to sell out to devel- film faulters in its delivery. friend. By the end of the movie, oper Ladd Devine (Richard we believe in them too. The re- Bill Freeman (3rd year): Bradford). Devine is the epito- lationship between Amarante "Law students can be sheltered me of crude money and simple The film shows the and a well-intentioned college or they can be up to date on thinking. He has visions of con- long arm if the Law as intern (in the area to write his these issues. [It) depends on the dos and golf courses, and no thesis on the indigenous people individual law student's inter- feeling for the beauty of the an extensiotz if of New Mexico) is also well est & whether they choose to land or its inhabitants, descen- Montana's ego and the done, but again insufficiently concentrate only on their legal dants of the Spanish settlers developed to be totally satisfy- future or broader political & who arrived three hundred deveLoper's ill gotten ing. world issues." years before. water rights The scenery, however, is spec- Mondragan rebels against tacular. Northern New Mexico the developer's interests, while Ruby, a complex woman who is an enchanting place, and the Devine, aided by his friends in dreams of a better life for her film features its extraordinary high places, tries to silence people, seeks out Bloom. Sonia brightness and large, wide-open him. Braga, brings emotion and in- spaces. This is where the film Christopher Walken plays the trigue to the role of Ruby, but attains success It gives the cold and steely detective Mon- unfortunately isn't given the viewer something of the place Kirk Wolden (3rd year): "If tana. He's just the kind of char- chance to fully develop her and its magical charms. they choose to be, law students acter one loves to hate. character. have time limitations but it IS a Montana goes after Mondragan Overall the main problem [The "Milagro Beanfield War" matter of what you consider im- as though the irrigation of one with Milagro lies with its lack is currently playing at the Ka- portant enought to use your minute parcel makes Mondra- of character development. One buki Theater in San Francisco free time up With." gan the devil incarnate. The leaves the theater wanting to and The Fine Arts Cinema in film shows the long arm of the know all the characters better. Berkeley.) - The Computerized Law Studet/t WordPerfect 5.0 is just that-perfect

cording to the April issue of PC This means you can try it out by Bruce Cumming Renee Schor (lst year): "No, Clones Magazine The article for free, and If you decide to use I don't think so. In some res- Staff Writer goes on to say "if you are using It for more than thirty days, you pects they are getting a lot of another word processor, you purchase your copy by sending Black Letter law but in general If you are a WordPerfect user, would be well advised not to a check directly to the author. there is more of an effort to find or thinking about becoming sample 5.0's pleasures unless Both shareware programs are out what is going on with world one, I have some good news. you are ready to switch; the available from the Hastings PC affairs." In my first column [Feb. 9 odds of you being happy with User's Group. (If you use LiVIng Law News) I claimed that your current product after you Videotext's Thinktank or WordPerfect 4.2 was inferior to see what 5.0 has to offer are not Ready!, you may also be able to other word processing programs good." use PCOWP) available for the IBM PC and I criticized 4.2 for lacking de- But in desktop publishing compatibles. From what infor- cent desktop publishmg capa- WordPerfect has moved far mation I have been able to bilities and an adequate ahead of the competition. gather from computer maga- outlining system. Though Ver- Though WordPerfect 5.0 is not a true desktop publishing pro- zines and other sources, I can sion 5.0 has made some minor Kerry Ko (3rd year): gram like PageMaker or Ven- now say that WordPerfect 5.0, improvements in outlining ca- "When students come to law WordPerfect Corporations's new pability, its features still pale tura, for almost all law students school, they are open to various (and lawyers) it provides most release, is the finest word pro- when compared to Micro oft political & social views. But by cessing program in the IBM Word 4.1. However, there is needed features that now fall the time student's leave law world. hope in the fonn of a new pro- under the rubric of desktop school & are looking for jobs, publishing. WordPerfect is currently gram called PCOWP. This pro- their goals & views have nar- Not only do you get on-screen wrapping up testing of version gram converts PC Outline files rowed down." 5.0 and should be shipping it into the outline format of fonts (see the discussion of around April 15th. Though the WordPerfect. Like PC-Outline, graphics cards, infra), you also shipping date has been delayed the most powerful outlining get the best printer support of by a month, "Version 5.0 is program available for the IBM any word processor out there. more than worth the wait," ac- PC, PCOWP is "shareware". (continued on page 14) Page 8 Hastings Law News April 14, 1988

• Commentary • Outlook Forum • Issues • Letters En Bane Letters to the Editor

Reining 1ll the Board:· U. C. Regents No time to waste lllUSt be given greater control To the Editor: To anyone who would like tc A problem that has long plagued Hastings, and which has esca- vides unique possibilities and advantages that would not be possi- compel lawyers to represent lated under the current Board of Directors, is the College's position ble should we be absorbed into a UC. campus or become are own people without being paid: within the internal framework of the University of California. Un- UC. campus. Certainly, direct intervention by the Regents would If you place so little value on der the original enabling charter of 1878, Hastings was designated be a welcome respite from a divided Board whose ability to function your time that you wish to give the law department of the University. It was to have its own Board effectively is suspect. But again, does the College reall,..want to be it away-fine, that's your prob- of Directors, including at all times a direct lineal descendant of more than an "affiliated" campus? lem. But (speaking as a future Serranus C. Hastings. A related problem dating back to the legacy of the College's foun- lawyer) you goddanm sons of Since the College's founding, the loose "affiliation" with the U.C. der is the required presence on the Board of a Hastings descendant. bitches have no right to steal system, which gives Hastings its unique autonomy, has been the Perhaps this problem can be neatly avoided by legislation making my valuable, irreplacable time. source of divisive debate and considerable litigation. The benefits the Hastings heir a Regent. Still, the loss of flexibility and indepen- Jeffrey Leone of this affiliation are recognized by virtually everyone connected dence, which for the right Board and Dean would be an asset to Second Year with the College. These advantages include nearly total control of the College, is too high a price to pay. the College's destiny; legislative funding without negotiating the More Direct U.C. Control: This certainly permits the most pernicious bureaucratic maze in which other state schools are trap- creative solution and would be the least painless to effectuate. * * * ped; salaries and benefits for faculty and staff comparable, if not There are many possible methods for achieving oversight of Has- Cum Grano Salis better, to other UC. law schools; low resident student tuition; and tings. This fall, the state Legislature took a step in this direction the prestige associated with being part of the greatest public school by enacting Education Code Sections 92205 and 92205.5, which To the Editor: system in the nation. provide for Regent review of mandatory annual audits of the Col- But this same autonomy, which has worked to the College's ben- lege's financial operations. While this legislation will prevent glar- I thoroughly enjoyed Theo- efit countless times, has led critics to call Hastings a "loose cannon ing fiscal improprieties, it does not provide for direct review of dore Laufer's hilarious piece on on the U.C. ship," and over the years has been the spring board for Board actions. the proposed new grading sys- considerable abuse by the Board of Directors. Essentially, Hastings' Several possible mechanisms for increasing Regent control of the tern. His outrageous wit in ad- Board of Directors has carte blanche to act on the College's behalf. Board have been suggested. While some of these alternatives are too vancing the least defensible Further, there is little accountability to the Regents. This freedom, Draconian, others will allow increased scrutiny of Board action position on a non:issue was in and of itself, does not lead to misconduct; it does, however permit without sacrificing Board independence. Moreover, these proce- matched only by his brilliant an ineffective Board to damage the College's reputation and under- dures would provide the grounds for additional communication parody of legal argumentative mine the integrity of a Hastings legal education. This potential for between the Regents and the Board. style. In a short piece, he man- abuse has become more apparent in recent years. A notable example For example, some have suggested requiring Hastings to follow aged to trot out several such is the West Block controversy. Misappropriation of student loan all U.C. policies at all times-Currently, the Education Code re- creaky techniques as tradition- funds, intense public scrutiny resulting from the Attorney General's quires the Board to follow U.C. policy in a number of discrete cir- for-traditions-sake; argument investigation, repeated false claims that the Board was about to cumstances; Hastings bond issues are, for example, are regulated by cliche (bordering on mixed pay back the funds, and extreme difficulty in finding a bank will- according to UC. policy by Section 92215. And as a state entity, ｾ＠ metaphor); and that incessant ing to loan the College funds----

Sinistro Publius hysteria among his Orange of the epidemic many saw no laws empowering some state of- be disrupted, because if he had County constituents. He is one reason to devote any significant ficial to draw and test your spoken, the absurdity of his of the only officeholders in Cal- resources to rombat a disease blood solely because of your hateful message would have ifornia to support the extreme that only killed homosexuals sexual preference, and to iso- been readily apparent to the In last month's Law News, LaRouche Initiative. Certainly, and Haitians. When it was late you like a leper if you test rest of the audience. Instead, he Editor-in-chief Chris Palermo he has a right to espouse his understood that AIDS threat- positive. You need not condone got some good ink as a "poor, cited the jeering of "[ploor, na- views, but it is revealing that ened everybody the virus be- the disruption of the event to naive" victim. Oh, Please! Put ive Representative Dannemey- the organizers of the Hastings came a serious "national health understand that the protesters away the violins. Dannemeyer is er" at a Hastings debate as event were unable to find an- crisis."Even today, demagogues were some of the victims of the a politIcian who exploits the conclusive proof of the hypocrisy other proponent of mandatory like Pat Robertson savagely disease and the social backlash public's fears and prejudices of liberals. Congressman Dan- AIDS testing who was willing herald AIDS as the wrath of None of the protesters were about AIDS. He was well aware nemeyer was advocating the to get on the same stage with God. Homosexuals, they say, de- Hastings students. They were that this demonstration would wide-spread mandatory testing him. serve to get AIDS because of wrong to prevent Dannemeyer get him some political mileage for the AIDS virus among high- Militant AIDS activists, some what they are. Not only does from speaking, and from a pub- back home where myths and risk groups and the quarantin- suffering from the disease, dis- this perpetuate the dangerous lic relations point of view, the misconceptions about AIDS and ing of those who test positive. rupted the Hastings debate and myth that AIDS is a "gay" dis- disruptIOn was a debacle. Noth- San Francisco abound in equal- While others may support shouted down Dannemeyer. For ease, but place yourself in the ing infuriates a law student ly huge quantIties. some form of mandatory test- them, Dannemeyer is the per- shoes of a gay person for a mo- more than the stifling of a Palermo declares that the ing, few are as mean-spirited as sonification of the cruel, homo- ment. Think about what it must speaker because of his or her demonstrators revealed the hy- Dannemeyer. He makes politi- phobic backlash of the AIDS feel like to hear that crap. Add unpopular views. Ironically, pocrisy of the liberal-left. He cal hay by fomenting the AIDS crisis. Remember, at the start to that Dannemeyer's call for Dannemeyer was fortunate to implies that because they were decrymg Dannemeyer they were liberals; or because some of the Common Sense protesters called themselves leftists, the squelching of un- popular viewpoints is a tenet of progressive ideology. Send more aid, not GIs, to Central America Those on the left do tend to chensh mdivldual freedoms refusal of Congress to fund the and dignities, and therefore by McGregor Scott group of self-avowed Marxist- Nicaragua is no exception to Leninists who, since taking this standard rule, as indicated freedom fighters. It seems to vigorously oppose Dannemey- Opinion Editor power, have suppressed the by the Sandinista's support of me that the recent events m er's plan. From this Palermo Catholic Church, imprisoned the insurgency in EI Salvador. Central America have vindicat- makes the vapid inference that In ten years, will history be opposition leaders, and quashed The Reagan Administration ed precisely what the Adminis- because the targets of Danne- asking "Who lost Central Amer- the opposition press. They have recognized this threat to the tratin has been warning us meyer's proposals have found ica?" If indeed the democracies undertaken a systematic exter- stability of the region early on about for the past seven years. support and compassion from of Central America fail and are mination policy against the na- and moved to take action. In ad- Congress cuts off funding to the the left, everything they do is swept by revolution in the next tive Nicaraguan Indians. They dition to supporting the Con- Contras, so they cease to be an embraced and endorsed by the decade, the answer to the ques- have been the willing recipients tras as an internal threat to effective fighting unit. The San- entIre left (despite the fact that tion will be easy to find: Con- of Cuban and Soviet military limit the Sandinistas ability to dinistas then undertake to Hastmgs' student left was well- gress and the leftists in this equipment and advisors. And, expand, the U.S. sought to cross into Honduras In represented at the debate but country who take to the streets most recently, they sent their build up and support the sur- strength. As a result, the U.S. was perturbed by the disrup- and burn the American flag army in strength across the rounding democracies. The lat- is asked by the Honduran gov- tion). ThiS is the faulty reason- every time an American soldier Hounduran border. ter policy has succeeded, most ernment for a show of support. ing underlying his accusation is sent on maneuvers. By its very definition, a significantly ill Honduras, Cos- This culminates in what we all that liberals supports free Marxist-Leninist state is one ta Rica, and EI Salvador fear, U.S. combat troops being speech only if they agree with It is time to realize what it is constantly seeking to "export However, the second prong of sent to Central America. it. exactly that we are dealing with the revolution" through expan- this strategy, support of the And who is to blame for this in the Sandinistas. They are a sion into neighboring countries. Contras, has failed through the happening? It is the gutless, In reality, the hypocrisy Pal- cowardly U.S. Congress and the ermo describes is a plague that leftists. Afraid to take decisive visits all political houses. It LETTERS action, fearing offending some- strikes those who are under at- Unfortunately Mr. Laufer is courses as he implies he has at one, placing a blind trust in Sr tack and terrified (such as the (continued from page 8) not the only soon-to-be lawycr Hastings. But obviously the Ortega CI cannot think of protesters at the debate) as well Mr. Laufer, the Hastings Law who expresses such an elitist public is not handing out even anyone more unworthy of Amer- as those who do not want their News' Executive Editor, wrote a attitude. And unfortunately the "mediocre" grades to journalists Ican trust in any sense), and bogus VJews subjected to scru- very clever article in the March people who the legal community or lawyers. fearing "another Vietnam", the tiny (such as Ronald Reagan ). 8th edition. He advocated the "serves" are quite disgusted What would the public think Congress equivocates and the Palermo piously concedes retention of Hastings' current with lawyers' attitudes. of a self applauding journalistJ leftists take to the streets. No that conservatives are "some- grading scheme. The California State Bar has elitist law student? It appears one wants to see American com- times guilty of the same sin." I agree that Hastings should documented this disdain. Dale from the survey that the answer bat troops in Central American, Who would have ever thought? maintain its high academic Vargas of the Sacramento Bee would be, ''Not much, Mr. Lau- least of all me. As an infantry He even offers an example: the standards. An employer does wrote an article quoting the fer, not much. " platoon leader in the California Reagan Administration's dere- consider a law school's reputa- State Bar's findings in a 1987 Brigitte Bass Army National Guard, I might gulation of the broadcasting in- tion as well as the grades which survey. Its conclusions were Second Year wind up in the jungles one day, dustry coupled With its the student has earned. drawn from the responses of not a place I ever want to be. If attempts to censor speech it I am very proud to be a stu- members of the general public To the Editor: so much as one American G.!. deems to be obscene. Palermo his dent of this fine institution. and lawyers themselves. dies down there, Congress and timidly backs off from criti- cism of the Grand Poobah of the However, I wish I was equally "Overall," it concluded, "Law- I am astonished that the Law the Left have no one' to blame American right by explainmg as proud to be a colleague of yers are perceived as arrogant News accepted Ted Laufer's of- but themselves. that the President's "position is Mr. Laufer's. people who create problems, . fensive article on proposed Instead of sendmg American not necessarily contradictory" Mr. Laufer purportedly rec- and are unconcerned about changes in the grading system boys down there, we should be in light of "society's right to ex- ognized the plight of San Fran- their clients or the public at at Hastings for publication. sending American aId and arms cise obscene non-ideas which of- cisco's oppressed and poor. Yet large." Mr. Laufer shows an incredi- to those who fight our enemies. fend rather than contribute to in the same letter he arrogantly When asked to rate those ble insensitivity and haughti- The biggest hypocrites in this society's search for truth." Un- rubbed salt into the wounds of qualities in various professions, ness in his approach to the scenario are the leftists. While der Palermo's standard Danne- his own colleagues. He stated, the public put lawyers at the problem. His manner of ex- decrying any attempt to gener- meyer viewpoint, which many "Personally I think both C plus- bottom of the list in terms of pressing his position reflects ate funding for the Contras in conSider to be riddled with 0b- es and B minuses are mediocre "nice people." Overall, journal- the arrogance which gives the the Congress, they instantly scene non-ideas, could be cen- grades and I would not be hap- ists came in fifth from the bot- legal profession its bad public take to the streets and start ｾｯｲ･､Ｎ＠ Palermo's painfully py to receive either one ... as an tom, one spot above lawycrs. image. burning the American flag obvious selective fence-strad- employer I would be almost as Undoubtedly, Theodore Lau- Leah Kalish when our President responds to dling reveals his own brand of equally unimpressed with a B fer received as high grsdes in Second Year the request of an allied nation (continued on pag!! 131 (continued on page 151 minus as with a C plus." undergraduate journalism hypocrISY· • HaSlinj?s Law News April 14, 1988

Before you pay another buck to Bar /Bri ask these questions: 1. Once I pay in full, will I then be encouraged to take the 'extra' workshops offered at additional cost by Bar/Bri? 2. What is being taught in these add-on workshops that I won't receive in the 'complete' program which I was promised when I enrolled? 3. Does the existence of these extra workshops mean that my $250 guaranteed repeater's fee is merely an invitation to ante up extra bucks in the event I have to retake the exam? 4. Will Bar / Bri campus reps be getting these extra workshops for free? (In effect, taking an upgraded course from the one I'll get?)

Sill

SOUTHERN CALIFORNIA NORTHERN CALIFORNIA 1231 Santa Monica Mall 1·800 2 PAS BAR 138 McAllister StrHt Santa Monica, CA 90401 (272-7227) San Francisco, CA 94102 (213) 394-1529 (415) 626-2900 April 14, 1988 Hastillgs Law New, Page 11

FORUM Mixing triumph and incompetence

by Griff Towle & exam. Taking steps to develop portedly would have amounted what changes could catapult need. for example. renovated. Chris Palermo Hastings into a campus, the to more than $700,000 annual- the College into the top ranks of attractive lounge facilities. Al- College built the 200 building, ly. In addition to providing a American legal education? We though the Dining Commons The end of the school year in- received the donated KGO steady source of income for the suggest the following: and Piano Lounge are certainly stinctively prompts reflection building, and bought property College, the revenue would have Campus environment-the pleasant, there is a distinct upon what Hastings has accom- in the West Block-but full de- allowed for a prompt repayment addition of a West Block build- need for more student n'crea- plished this year and what the velopment of a true campus has of misappropriated student ing and plaza would have im- tional areas. especially in the College has yet to achieve. been stifled by bloated egos and loan funds. proved College facilities 198 building. Refurbishmg the While the the College has suf- clumsy management. Instead. the College must immeasurably by increasing tel£'vislOn lounge in that build- fered through a series of unfor- For example, only two years mortgage the West Block prop- the feeling of community that ing should be a priority. Mayer tunate, highly-publicized foul- ago Director John Knox and erties to repay the funds. Clear- Hastings clearly lacks. Has- Auditorium, although recently ups, prevailing opinion is then-Dean Bert Prunty ar- ly. by killing the deal with tings must continue work tC' renovated. lacks adequate light- brightly optimistic. Many feel ranged a compromise with Agnos and triggering the Audi- create an insular, unified cam- ing for study and is perceived as that the College has the poten- then-Assemblyman Art Agnos, tor General and Attorney Gen- pus environment, instead of the cold and unwelcoming. Im- tial to become a truly exception- whereby the College would pro- eral investigatIOns, Dobbs did loose-knIt commuter atmo- provements in these areas al law school. ceed with a comprehensive West not act in the best interest of sphere which currently pre- would incr£'ase student morale Clearly, the preceding decade Block Law Center development Hastings. vails. However, the College and the feeling of community by has been a frustrating combi- plan. Agnos leaked details of Mistakes such as this. how- should not ignore its setting in offering places for relaxation or nation of sporadic successes the talks to the press. Chair- ever, must not keep the College the Civic Center neighborhood conversatIOn and demoralizing setbacks. The man Harold Dobbs. for whatev- from looking to and actmg for and must remained linked to Relations with the city- College has steadily improved er reason, was Infuriated and the future. Hastings can boast the pulse of the ci ty. San Francisco is one of Ameri- the academic success of all stu- promptly convinced a majority to a umque settmg in a diS- Most students commut£' from ca's most distinctive, tolerant. dents, as revelaed by strides of the Board to kill the deal. tinctly urban environment, an all areas of the City, and for that and cosmopolitan Cities. These taken by both LEOP and regu- The revenue from the proposed outstanding library. and a matter from the whole Bay attractions all combine to make lar students on the July bar West Block office building- re- brig-ht, dynamic faculty. But Area; these students value and Hastmgs' location an incredible asset which the College should develop. The College should fos- ter and mamtam a close rela- Career Services needs database resource tionship with city politicians and planners. Cooperation on money m the process deSCriptions. This would not Ms. Fenton correctly pomts the Great Hall project at Mc- by David Granucci only have been extremely time out that Ms. Wilkin is no longer Allister Tower, which would al- However, in all fairness, consuming, but also futIle. allowed to use the plano lounge low the city to expand wish to note that my job search What is needed is access to a at 200 McAllister. In fact, even the presently overcrowded Mu- computer data base in which Frankly, I am no more fond of focused on two small geographic the time allowed her in the Tow- seum of Modern Art into Herbst Jan Wilkin than is Ms. Fenton areas, Santa Barbara and San- firms are categorized according er Lobby has been drastically Theatre, is but the first of such to size, location, and primary [Hastings Law News, March 81. ta Ana. My sense is that a "self- curbed However, this will mutually beneficial projects field of practice. Students could I, too, was one of the many stu- help" approach would not have merely be a temporary setback that we must nOUrish . The KGO dents who used her "service" as been effective in a larger em- then target a manageable num- for her. As long as the Career building might provide rehears- a first year. I found her rude, ployment base. For instance, ber of firms, and do so in a Services office fails to provide a al space and various recording rushed, and impersonal. After my limited resources could time-efficient manner. Ms. service which is so greatly eqUipment adjunct to the Great results of "0 for 85" with her probably not have effectuated a Wilkin has such a data base. needed by students, Jan will Hall. The city's monumental def- service, I ultimately found em- successful mailing to metropol- Not surprisingly, our own Ca- find both a place to do business icit means that the College will ployment on my own. From that Itan Los Angeles. I would have reer Services office does not. and students to do business have to provide fundraising experience, I resolved that "self- been limited to searching Thus, a student is left with lit- WIth. leadership for these projects. help" was a better way to go in through the massive Martin- tle choice but to submit to Ms. The staff at the Career Ser- The College can provid£' thiS my second year. Combining OCI dale-Hubbell directory, relying Wilkin's mediocre service, while vices office has cited the need leadership, and if the College with my own mailings, I found on its very general (and often paying a not so mediocre price for such a data base as a top does, our relationship with the the job I wanted, and saved inaccurate) "area of practice" for it. priority. In fact, they would go city WIll prosper and, undoubt- a step further and computerize LETTERS edly, benefit Hastings. the entire office This would Faculty development-Has- leave the staff free to fulfill tings must contmue to attract their true roles as counsellors, young, scholarly researchers Resume serVIce leads to results instead of clerIcal workers. and effective teachers, as well appears to consider excessive, only as accurate as its sources. Apparently. then, the flaw ex- as distinguished sixty-fivers. ists at a higher level. Granted, Furthermore, wi.thout leaping To the Editor: helps to pay for the thousands All legal directories contain of hours each year which are re- some errors; even secretaries of the administration is not pres- aboard the bandwagon driven ently endowed with excess In response to your front page quired to maintain the data law firms do not always give ac- by Impassioned students at funds. Nonetheless, a large article on March 8, "Resume base, as well as for computers, curate responses to telephone Boalt. the College must contin- state funded school should be Service Runs Rampant With staff time and office supplies. queries. Thus, it has always ue ItS commitment to diversify able to channel its resources to Mass Mailings," I would like Third, in an effort to keep my been my policy to request that the faculty by attracting women rectify a glaring problem in one the opportunity to set the service convenient and afforda- students return any undeliver- and people of color. Such schol- of our most important offices. record straight on several ble to Hastings students. I met able letters to me, and to let me ars enrich campus life in myri- One possibility is the charging points regarding my computer- with students last year m the know about any other incorrect ad ways, and provide role of a reasonable user fee to the ized resume service. 200 building. Having been in- informatIon, so I could replace models for those following their firms who use Hastmgs prop- First of all, contrary to the formed that school policy pro- the letter at no charge to them paths. Since the market for erty for interviewing. Such fee ' tone of the article, I was not in- hibits private business and update the information on highly qualified academics is have already been implemented terviewed, nor was I informed meetings on campus, even by my list. remarkably competitive, the student request, I moved these ' Fifth, as for the statement by the majority of accredited College must effectively pro- that such an article was being law schools. written. Had I known about it appointments to the Lobby of I that "she does advertise that mote Hastings and the benefits Of course, rectification occurs of !J\;ng in the Bay Area and in advance, I would have re- McAllister 'Ibwer where the the firms on her list do hire first majority of my customers re- year students." each first year only when a problem is given teaching our diverse student quested that the writer also in- high priority. For students, the terview a number of my side. Recently. in an effort to student has been advised that body. procurement of a job which can Alumni relations-m the satisfied customers, who have provide a more personalized the first year list IS compiled satisfy both career interests past year the College completed obtained jobs as a result of their service, and to avoid the traffic from lists of firms that have and financial need is arguably the groundwork for broad new mailings. which the 'Ibwer management told various schools they intend the top motivation for attending alumni development efforts by Second, the purpose of my felt had become a problem, I be- to hire first year students, and this rigorous institution. Cer- hiring- additional personnel and service is to provide an alter- gan to meet with Hastings from firms who have actually tainly a Career ServIces office reorganizing College records. native for students who do not clients m their homes. hired my clients in the past. which allows students t{) effec- The importance of a have the personal contacts to Fourth, the article stated In terms of the quality of my tively target such future em- strong, focused alumni cam- obtain the jobs they wish or are that some of the information in letters, I would invite law stu- ployers should be made a top paign cannot be overestimated. unsuccessful with OCI. The cost my data base was inaccurate. dents to look for themselves. priority by our administration. (continued on page 14) of my service, which the writer Unfortunately, any data base is Jan Wilkens Hastin,!!s Law News April 14, 1988

Forum COITlputer center enhanceITlents needed

the advice of a skilled attorney. personal computers available to problems facing the legal traditional manual filing, as by Joe Bochner But soon these systems will students. Now we have ten PC's profession. well as decreased burdens on Special Contributor reach higher levels of sophisti- for about 1400 students. Next - space since the computer cation. As they do, lawyers will year, Hastings will offer its very Editor's Note-Hastings did doesn't require all the room of become more efficient and com- Computers are more than first substantive computer law purchase two Tab database sys- upright storage cabinets. petitive. Jobs may become more just glorified typewriters. Too class. Despite the fact that tems for a total price of The Library's system will scarce. The quality of legal many lawyers and law schools many law schools, including $91,483.50. However, the sys- also be used to teach students are unaware of what computers work will also be affected, and Harvard, offer courses in using tems are partially in use and, about modern law office tech- are doing now, and what com- not necessarily for the better. computers, Hastings does not. according to Library Director nology, Henke added. McGeorge puters will be capable of doing The legal profession seems Limited by their view of com- Dan Henke, offer great promise School of Law already has a in the future. Confronting this largely oblivious to what is hap- puters as glorified typewriters, for immediate gains. program for teaching its stu- pening. technology may be the biggest some professors and students One of the two units was put dents about the use of such challenge the legal profession- At the recent ''West Coast regard such classes with dis- into immediate use storing stu- technology in the practice of and even society itself-has Computer Faire," I attended a dain. Law schools, our profes- dent records. The other was in- law. ever faced. seminar entitled "Legal Sys- sors remind us, are supposed to tended for use in the Library's Hastings needed two systems, tems," where I expected to enable us to think like lawyers. Learning Resources Center Henke noted, because of secu- The new technology brings learn about state-of the-art le- Why should Hastings teach fu- (LRC), according to Henke, but rity problems created by allow- more than better word proces- gal applications. Like several ture lawyers how to use word is not in use yet because of un- ing students to use the same sors and filing systems. In the others I spoke with after the processors? expected personnel shortages. system in which their personal law, the state-of-the-art is in presentation, I was disappoint- The question, of course, is not However, that unit will be acti- records are stored. document modeling programs, ed by what I saw. The seminar merely how to type up neat- vated this summer and will be which speed and augment the was of little use to the practi- looking documents in Word- available to students for use And while Henke agrees that writing process. The best of tioner, and there was no men- Perfect. The real concern is how next year, Henke said. It will there is a "legitimate com- these are "expert systems" in- tion of the new expert systems a prominent law school is deal- store news stories from legal plaint" to be made- that the LRC corporating the knowledge of and AI products being devel- ing with a new technology periodicals, recent develop- unit is not yet available for use, experienced lawyers. At the cut- oped for lawyers. The room be- which threatens to change the ments in the law, and possibly he emphasized that "I don't ting edge are artificial intelli- gan to empty halfway through profession in fundamental copies of old examinations. want anybody thinking it's a gence (AI) systems. Made the presentation. While the rest ways. As a top law school, Has- The Tab system promises waste of money, because it's possible by new computer de- of the computer world teeters tings could be providing lead- faster document retrieval than not." Ron Zollman signs and scientific theories of on the brink of the 'artificial in- ership, helping to shape the human brain function, the new telligence revolution, lawyers direction of this new technology "thinking machines" threaten are learning about aging net- through research and teaching. changes in society as funda- work products, filing systems, Instead, we are not even keep- Professors lampooned mental as the industrial revo- and organizing a hard disk (a ing up. lution. topic about as interesting as Lawyers aren't about to go (continued from page 5) Addicted to Law discussed how to organize a sock drawer). the way of the elevator operator. stories about the law school ex- the stultifying world of the law The notion of machines who Here at Hastings, much of But computers affect the way perience. He parodied quite a addict-for instance, one who can reason carries the most the responsibility for computers we work, think, and interact few professors and even threw might read Prosser's Torts book profound philosophical and has fallen on the Library. With with each other. Soon there will in the obligatory Dean joke. He for fun. One who lives in a practical implications. Even neither adequate funds nor be computers which see, listen, thinks that students answering world full of anger, denial, frus- now, programs are on the mar- much encouragement from the talk, and perhaps even reason. questions in classes sound like tration, depression, and abuse. ket, such as will-writing soft- College, the Library has done a We need not embrace the new the parents in a Peanuts car- Professors were represented by ware, which purport to remarkably good job. In partic- technology, but we must con- toon. certain innocent students who eliminate the need for an attor- ular, last year the Library set front its existence. Otherwise, Then it was Dave and the shall remain nameless, and ney. Many lawyers correctly rec- up the Learning Resources computer scientists and market band. This Letterman show was David Krausz played the stu- ognize that these programs are Center (LRC), the only place in forces alone may determine the a little different than usual, but dent in this skit written by appropriate only for relatively the College where law students future of the legal profession. it had all the mainstays-special Laura Carpini. simple problems. In most cases, can use and learn about com- Hastings needs to develop a effects, the top 10 list, and computers cannot substitute for puters. Though the entire Li- workable way to incorporate viewer mail. It also had a Paul Wang Street featured the brary staff deserves credit, the computers into the curriculum, Shaeffer look alike who looked ubiquitous John Landry creat- LRC was largely the work of Li- so that future. lawyers can un- more like Paul Shaeffer than ing yet another of his hit profes- brary Associate Director and derstand and help guide the the guy playing Paul Shaeffer. sorial characterizations, and Professor Gail Winson, whose new technology. Beginning next A Records Office sketch and a Ted Laufer as a Vitalis-coated foresight and concern for stu- year, Hastings should offer a guest appearance by the inim- Gordon Gekko. "A singular in-Iown " specialized course in high tech- itable Frank Watson-what English Counlry Inn dents made the LRC possible. The next skit, A Legal Line, nology legal systems. Such a more could you ask for from a THE BRITISH OBSERVER Despite the severe lack of was a real show number-nos- funds, the LRC is enormously course could begin with state- daily show? talgic yet upbeat, wistful, and popular. of-the-art law office technology, Can-A-Lot, was a 2-act play funny.It pointed out how little it "The Abigail Holel is a Unfortunately, there have and then explore the develop- about the suppression of all means (law school, that is). romanlic relreal" been problems too. Recently, the ment of expert systems, artifi- unions. Here, rather than deal The hit song of this skit was TIMES, TRIBUNE Library purchased a new data- cial intelligence, and computer with negotiations, the Wax Kiss Good Sex Goodbye. Partic- base system. The system, mar- models of legal reasoning. In Fruit Company decided to au- ipating in this skit was Linda "A cozy almosphere ... keted by Tab, is capable of keeping with the law school tra- tomate. The idea worked until Solow, who must be given credit On one of our aflernoon taking permanent "pictures" of dition, the course should en- the robots rebelled. The songs for making the whole evening visils. a brass Irio was records, indexing them, and courage a critical view of tbe sung were in the King Arthur enjoyable, entertaining, and practicing in a room down storing them electronically un- new technology. Students vein, a la Camelot. free of problems. _ Ihe hall." til they are needed later. should come away from the SUNSET MAGAZINE Equipped with all the latest ｣ｯｵｲｾ＠ with a feel for what uses high-tech toys, the Tab system of the technology are appropri- cost Hastings more than ate and desirable for society. and incompetence (continued from page 14) gram in taxation. And while the $91,000. But half of the two- Eventually, the College unit system has never been Money is the life-blood of any project is moving forward, al- should establish a Law & Tech- institute of higher learning. beit quite slowly, there should used since its purchase last Au- nology Institute. Because of its gust. Meanwhile, the LRC Further, should the financial be decisive and concerted effort location in San Francisco and health of California suffer in to endow such a program. The struggles for funds just to re- near Silicon Valley, Hastings is 246 McAllister Street main open. the future, the state might not value of an L.L.M. program in San Francisco 94102 ideally situated to provide the The problem at Hastings is fully fund College budgetary re- tax to Hastings is obvious; the (415) 861-9728 legal profession with leadership quests. only other L.L.M program on Featuring Melon 's Restaurant the same one faced by the rest as the new technology becomes . the West Coast is at Golden Lunch Cocktails Di",,,r of the legal profession. Lawyers available. As a center of re- Gate University. The added are ignorant about computers, search and learning for both and there has been too little ef- prestige of a properly conceived technology-related law and law- L.L.M. programs-until L.L.M. program would also con- fort to educate them. More than related technology, the Institute problems arose last year, the fer the tangential benefit of a decade after the introduction would serve an important role foundation had been laid for raising the overall reputation of of the Apple II, Hastings made in solving the technolOgical creating a graduate degree pro- the school. - April 14, 1988 Hastings Law News

FORUM Cum grano salis A plea for liberal prosecutors One for the road by Elisabeth Frater why the prosecution side of basis. Until the system'" re- by Theodore L. Laufer inertia and grade inflation. Or criminal law is appealing to me. formed (by a person greater Executive Editor try to say something clever A student interested in pur- I empathize with and want to than l) this is the best that lib- about an intractable social ill. suing a career in criminal law help the victim. I realize that erals can hope for The last column of the last is- should be aware that the battle there are circumstances when This isn't intended to be an sue of the last year of the last Instead, I wish to thank the lines have already been drawn; the defendant is a victim. I am exhaustive list of the conflicts I school I shall ever attend. Hm, staff of one of the best papers there are those who prosecute referring to the rape victim, the perceive. There remain the is- let's see .... around for one of the best years the accused and those who de- abused child, the innocent by- sues of victimless cnmes and around. It has been a privilege. fend them. It is apparent that stander and the defrauded. The the imposition of the death pen- I suppose I could reflect upon Special thanks to James Bal- in the criminal law system, as most obvious impediment to alty, to name two more. Even if the last three years, how worth- lantine, who helped make sense in other spheres, there are lib- overcome is being identified I do not resolve my dilemma I while it's all been, and what it of the West Block and put teeth eral and conservative camps. with and partiCipating in a sys- will continue to encourage lib- all means. Like the claustro- into the news department; to What is provocative to me, how- tem laden with examples of in- erals to infiltrate the other side phobic comaraderie of the first Griff Towle, who brought the ever, is that both sides stead- justice. The most glaring because a system IS only as year section. Like the study humor and the tie-breaking fastly maintain the notion that, breach is the disparity in sen- good as the people who work group and the final exam. vote to editorial board meet- as far as prosecutor jobs go, lib- tencing. within it. • ings; and most especially to erals need not apply. One only has to read the Like getaway weekends to ex- Chris Palermo, for his journal- I am not certain whether this headlines to know that Inside otic Boalt Hall when work real- istic expertise, industry and notion is perpetuated according traders and politicians are ly had to get done. Like those leadership, whose paper the to the dictates of society, a voice treated more benignly than the same nights when, wired on Law News truly is. of conscience or as a matter of average Black and Hispanic of- LETTERS TO THE several double cappucinos, wild form. My sense is that it is the fenders. And, there are those parties erupted when caffeine Finally, to the Class of 1988, liberals who actively avoid the who believe the prosecutor's EDITOR permitted neither sleep nor ra- in the Year of the Double Helix: prosecutor's role. It is not diffi- greatest sin is in collaborating tional thought. to the scholars and pragma- cult to comprehend why most with the police. Bitter taste c:.fJello tists, idealists and realists, liberals would select to be an These points are perhaps the Like moot court, cite check- guys and gals, litigators and advocate and guardian of the easiest to counter. Because it IS ing and rock n' roll. counselors, prosecutors and de- defendant's civil liberties. On the duty of the prosecutor to To the Editor: fenders, pillars and rebels, to the other hand, clarifying the seek justice and not merely to Or I could take a stab at law all of us, I raise a glass-and to reasons for and justifying the convict, inadequacies In the We are writing to address the choice to be a prosecutor poses People's case or injustices in profs, or ponder the future of May 22, when we will be able to "Rumblings" column III the the Hastings lawyer. Or express say with pride that we went to a dilemma for a liberal. sentencing can be remedied by March 8, 1988 issue of the Law disappointment at curricular Hastings College of the Law. - I can articulate one reason the prosecutor on an individual News. In thiS comment on Jello Biafra's recent speaking en- Ipse Dixit gagement at Hastings, the au- thor indicated that the Association of Communications, Sports and Entertainment Law The sun lllostly sets (ACSEL) had committed to co- by Chris Palermo the newspaper's presence at tory tirades; all ceaselessly To its credit, the Board of Direc- sponsoring the event, but "de- Editor-in-chief various events. recruited writers and wrote tors never became outwardly cided to back out at the last No enumeration of persons themselves; and all pulled more hostile, despite enduring, in the minute," quoting an unnamed This month I have the diffi- who made the year enjoyable than their weight when dead- last year, the harshest criticism ACSEL member as saying we cult and unpleasant task of bid- would be complete without pro- lines came and passed. of Its acts that these pages have did not want to be associated ding all of you farewell. It is fuse and warm thanks to every- ever seen. I beheve that else- with the event because "the unpleasant because I have en- one who served on the Law Although my vision of the pa- where I have said more than I poster IS obviously obscene." joyed my tenure as Law News News, especially senior editors per frequently clashed with care to repeat about the Board This is untrue. The orgamz- editor immeasurably, but I feel Griff Towle and Tedl.Laufer, that of other editors, we man- and that General Counsel. ers of the event, The National it is time to pass the pen to oth- and editors James Ballantine, aged to take great strides this But a continual annoyance Lawyers Guild (NLG), contact- ers who bring more energy and Dino Velez, and McGregor year. Our news coverage was was that insipid guy who pur- ed the ACSEL board several less cynicism to the job. It is Scott. All of them, at one time comprehensive, hard-hitting, portedly "teaches" Jurispru- months before the event was to difficult because, without ap- or another, endured my emo- and fair. The features and opin- dence and who, in my opinion, take place. The ACSEL board pearing insincere, I wish to tional and sometimes contradic- ion sections contained admira- despite havlllg encyclopediC told NLG that if and when the thank those who aided me this ble variety and color. In short, knowledge, is the most egotisti- event became orgamzed, NLG year and, without seeming bit- the paper matured into a well- cal and intellectually arrogant should contact ACSEL and it ter, I wish to revile those who rounded, respectable publica- instructor I have ever had the would certainly consider co- have goaded me. tion this year; I am pleased that eminent misfortune to endure. sponsoring the event. The next Has t illcRS I cannot claim sole credit. Others, fortunately, were far time ACSEL heard from NLG I have very deep and heart- C01lversation less trouble. about co-sponsoring Biafra. felt gratitude for many faculty Alas, the year was marred by I will finish law school on the NLG wanted ACSEL's support and administration members; Overheard a seemingly endless parade of East Coast next year. Ultimate- and needed a financial commit- most would prefer anonymity. curmudgeons, back-stabbers, ly, I am certainly sad to leave ment within two days. But others I feel impelled to Hypothetical boys and girls: tedIOUS imbeciles, and some Hastings, conSidering the num- Because of our limited bud- mention; no farewell to the com- little heads that I could really who fit all three of these de- ber of friends I will leave be- get, we as a board could not munity would be adequate bash. scriptions. Until this year I nev- hind, and considering the commit the membership to without thanking Bob Irwin, er dreamed that I would be strong feelngs for this place spendmg a significant amount who freely provided information Social and political conclusions, called a "fascist," much less be- that I have somehow developed of money without first getting and insight when others would rational, ingenious, constitu- hind my back, much less by It's a Pity some of my more their approval. This approval not; Billie Lindh, who never let tional solutions: someone who professed to be grandiose dreams didn't come was impo. ible to obtain be- a day pass without a smile and sometimes I feel astute myself. politically correct and morally true; I didn't get to si t on the cause NLG gave ACSEL only a cheery greeting; Chris Berry, beyond reproach. Moreover, un- Board; I couldn't convince the two days to respond Alex Tran, and Gary Stoneman, But I believe in the power of til this year I had never met Dean that Law News members This is the only reason AC- who provided efficient and love, anyone as obnoxious as that guy deserve curricular credit; my SEL never committed to co- prompt service to myriad re- and all the things they know, in three of my classes who is GPA plummetted. But I am sponsoring Biafra. At no time quests; Dean Lathrope, who the safe talk they talk hopelessly, perpetually curious; proud, indeed, to have contrib- was the decision influenced by stands among the brightest and fill me with despite an evident lack of com- uted, in some small way, to the any ACSEL member's opinion most sensible leaders of this sick and hypocritical accusa- mon sense, insight, or tact, he unmasking of falsehood and in- of Biafra or his poster. community, and who happily tions, apparently knew something competence, to the dialogue The Association of Commu· consented to numerous inter- stifled lamentations, about how everything works, which we must continue during nications, Sports and En- views on even trivial matters; bile in my mouth. and was more than happy to our search for excellence. tertainment Law and Joyce Rosenberg, as good a waste class time discussing it. Thank you for that opportunity, Heidi S. Maretz promoter as we could hope to Marc Rosner Among administrators and and for your support this year If President i have, who actually appreciated professors, as much can be said. and in the future. - HI.!!"ＺＮＮＮ ｾｾｾ＠ 14 ______H__｡ｓ｟ｦ｟［Ｇｾｬｯ｟ｳ｟ｌ｟｡｟ｷ＠ " __N_e __ WS ______ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ［［［［ａ［［ｰｲ［ｩＯｾＱＴ［Ｌ［Ｇ［Ｙ［Ｘ［Ｘ＠ Tobriner Lecture----a silly Library resources for liberal pow-wow? women ｡｢ｾｾｾｾ｡｢ｩ｢ｉｩｏｧＢｐｨｙｏｦ＠ to miss. only with experience, but you've by Julianne Sylva available books and a list of the By' James F. Curran If you are a burgeorun· g legal got a marvelous opportunity. Staff Wi"'ter• • various publications concerning . Hastings '89 I b I · t f The Tobriner Lecture can be i era trymg to mas er some 0 This past Fall, the Law News women in the law. Additionally, th t · tt th '" b . 's your debutante ball. So Justice Blackmun is com- e e Ique e, e.o rmer I The substance of Blackumn'be s gan to fieature a co Iumn spe- the library, perhaps m' coordi- ing to Hastings. Great. The an- the place to be. Ambitious, spit- address? Don't get bogged down CI'fi caII y fiocus ed on vanous., IS- natl'on WI·th Career SeI'Vl'ces, nual Tobriner Lecture, we all shined lieutenant colonels, worrying over such trivialities. sues aHectingtr women and t h e WI'II attempt to update thel'r col- know, is a tribute to bold, inno- waiting for a 3-star general to New liberal professors need to law. The first column addressed lection of "Dress for Success" arrive to begin a fire-up speech, f th books that will 8l'd both male vative judicial activists who learn to escape the confines of the potential implications 0 e don't let banal constraints such know that the only way to stand logic, substance and reasoned Class of 1990, the first in Has- and female law students in 0b- as the four corners of a consti- is with arms folded and feet arguments. How else will you tings, hi story to mc. Iu d e more tainin'• g emplo,vtnent.J--- tution get in their way. Black- spread shoulder-width apart. ever learn to make ad hominum women than men. The next col- Linda Weir, the director of Similarly you, the eager activist fi d h bl f Publl'c SeI'Vl'ces at the Hastm'gs mun, therefore, is perfect. attacks in class on conservative umn ocuse on t e pro em 0 The Lecture is also a cornball lawyer/professor/judge-to-be, justices such as White who, as sexual harassment in the work Library was very helpful in need to know exactly the right I Th t I suggestm'g examples of how the liberal pow-wow where young b your future students have got to pace. El most recen co umn Hastings professors gather in postures for pre-Lecture anter learn, obviously can't fathom a a dd ressed t h e Specl'al pro bl ems II'brary could adapt to the w' - about Honduras. Your b earing _"" I' In creased m' terest I'n women and the Old Commons, waiting for a woman's point of view, since <1.Uecting women Itigators. is as essential to your career as d inti the law. She has ordered a com- Great Presence (Anthony Lew- f he's nothing but a big, tough, my research for ideas an or- is, Rose Bird, Blackmun or is the gender neutrality 0 your former football player.? Se e hidow mation to inc u e m. thOIS co-I plete II'stm' g of cI'tatl'ons to over whoever) to arrive, stand with pronoun distribution. irrelevant substance is.? umn, I d ecided to approac h the 750 law J'ournals, 6 law news- just the right amount of wrin- You may make it to the U.S. So make sure you get your Hastings Library staff to see papers, and various other legal kle in their mismatched ties Supreme Court some day, and entry in early for the lottery as- what resources concerning publications that will provide and just the right amount of every aspirant to the wonderful signing Old Commons seats for women's issues were available information on women and the scuff on their shoes, say "he or world of non-interpretivist con- the Tobriner. These seats are on campus. law in the United States from she" a lot, look distractedly over stitutional decision-making limited, and you want to be People interested in women's 1980 until the present. This list the shoulder of the student to should appear as unfettered by near the podium, where the studies will be happy to learn will soon be available from the whom they're speaking, and accepted codes of lawyerlike de- bright lights and the action (if that there are actually quite a reference desk and a copy will mentally compare the prestige meanor and dress as he (or not the logic) are. Twenty-two few resources available on the be on the stacks. of their judicial clerkship she?) is by the intent of the million fetuses have been left in Hastings Campus. The Has- Additionally, Ms. Weir sug- against that of that female Framers. You must look wrin- the cold and the dark since my tings Library has been sensitive gested that a summer project Boalt prof two rows back. If you kled, but not rumpled; socially man Blackmun wrote a certain to the influx of women in the for the library staff would be to are a Hastings student, all this concerned, but not anxious; in- opinion. You wouldn't want to profession and has agreed to as- complete a bibliography for all is fun to watch. So next year's tellectual, yet unconventional. be in their position. And re- sist students interested in re- of the books in the Hastings Li- Tobriner is one you don't want This image can be cultivated member, don't press that tie. _ searching women's issues by brary which address women's issues. This would be available next Fall, so that students in- terested in women-related top- ics would have an idea of where WordPerfect 5.0 is just that- perftct to find such resources in our (continued from page 7) documents and generates a when you want to delete a file, VISA, MasterCard, or Ameri- own library. Over three hundred printers third that shows the differences instead of having to type the can Express number and the Lastly, Ms.Weir has agreed to are supported, from $150 dot- between the two originals. number 2, you can type the let- expiration date), and your expand the library's collection matrix printers to $2000 laser Macros, the ability to store a ter D instead. (WordPerfect 4.2 name, address and day-time of "Dress for Success" books printers. In addition, up to 250 set of keystrokes and play them users should not despair--you phone number. which will help inform students fonts (styles of print) can be in- back upon command, have been can still do most everything the of the "do's" and "don'ts" of cluded in each document. greatly enhanced. A macro edi- old way if you choose.) And WordPerfect Corp. is also de- dress in the legal profession. WordPerfect 5.0 also has intel- tor is now included. In addition some of the procedures, espe- veloping a word processing pro- These books should be available ligent margins, which can be a whole set of routines have cially installing printer drivers, gram for the Macintosh. It will before the 1988 Fall On Cam- set in inches, and which auto- been added which turns the have been greatly simplified. allow files to be transferred pus Interview season begins. matically adjust to different macro feature into a full-blown There is a cost, however. Ver- from the Macintosh version di- Having these various re- font sizes. This means if you programing language. sion 5.0 will require many users rectly the IBM version without sources readily available to stu- switch from pica to elite in the Other new features include a to upgrade their memory. You the meed for conversion.The dents will provide more middle of a document, you do master document feature, will need at least 512K (kilob- program is still in development. opportunities to explore differ- not need to reset the margins. which allows you to store each ytes) of RAM (the memory chips A fellow law student, who has a ent facets of the law and will WordPerfect has also sped up chapter of a book and the end inside the computer) and really test version of it, tells me it will foster a greater understanding the preview feature. In addi- notes as separate files, and con- should have 640K, to take full need quite a bit of work before of the people participating in tion, if your computer has a trol the common features advantage of 5.0. Unfortu- it is released. _ our legal system. - graphics card, you can see ex· through a master document nately, this is the worst time in actly what your document will file . the last couple of years to buy look like when it prints out-- Also, you no longer have to more RAM. Because of the re- Mixing triumph- including pictures. This capa- exit WordPerfect to change the cent protectionist actions taken (continued from page 11) tatary requests. bility is known in the computer set-up values; you can now call by the United States against Alumni relations-in the College development strategy world as WYSIWYG (pro- them from within the program. Japanese memory chip manu- past year the College completed must be coherent and goal-ori- nounced whiz-ee-wig): What You can also edit a document facturers, chip prices have more the groundwork for broad, new ented. To date, development ad- You See (on your screen) Is while using the "reveal codes" than doubled in the last month. alumni development efforts by ministrators have expressed What You will Get (when you feature. In February the cost of upgrad- hiring new personnel and re- dismay over the sluggish pace print out). The new feature some law ing from 256K to 640K was ap- organizing College records. of unrestricted giving. Although "Pictures? In a WordPerfect students will get the most excit- proximately $54. As of March That this is a step in the right unrestricted funds are the most document?" Yes . WordPerfect ed about is auto-referencing. 25, the price of the same direction is apparent; however, useful to College as they may be 5.0's slickest feature allows you This allows you to have one amount of memory had risen to it must be noted that alumni applied to any project. we must to insert graphics from oth- footnote to refer to a second $144. giving, save for the 1066 Foun- not obsessively pursue unre- eIjprograms (e.g., Lotus 123 or footnote, and if you renumber dation, is conspicuously absent stricted donations. Due to the PC Paintbrush) right in the the second footnote, the refer- If you already have a (legiti- for a school of our prestige and West Block fiasco, College do- middle of your document, or any ence to the first footnote will mate) copy of WordPerfect 4.2, size. Most of the blame for this nors are understandably skept- where else you want to put automatically change. The fea- you can upgrade to 5.0 by send- can be attributed to disorgan- ical about giving unrestricted them. ture is particularly useful for ing $60 to WordPerfect Corpo- ized efforts at nurturing and funds. This effect may not dis- WordPerfect's new features go those writing long law review ration 5.0 Update, 81 North maintaining alumni support. sipate for many months. Mean- beyond just desktop publishing. articles containing hundreds of State Street, Orem, UT 84057. The importance of a strong, while, the situation can be The entire program is faster. footnotes. Accompany your order with the focused alumni campaign can- corrected or perhaps amelio- Many new features have been All of these new features title page from your Word- not be overestimated. Money is rated by announcing specific. added. Word Perfect now sup- might make you think that 5.0 Perfect manual, an indication of the life-blood of any institute of project-oriented campaigns for ports style sheets, which allow is more difficult to use than 4.2. your preference for 3.5" or 5.25" higher learning. Further, the restricted funds. For example. you to reformat the entire doc- To the contrary: 5.0 is actually disks, the type of printer or questionable financial health of campaigns could be constructed ument. A comparison utility easier to use. Non-numeric printers you will be using, and California might not allow for around the L.L.M. program, the has been added; it reads two commands have been added, so your payment (check, or a full funding of College budge- (continued on page 12) April 14, 1988 Hastings Law Nellis Wallach status decision postponed Course offerings (continued from page 3) (continued from page 1) teach a new course on mutual Francisco Chronicle. The Has- But advisory board members changes in faculty duties as and nonprofit organizations (2 on charges that he illegally ac- tings Board's actions are "a real cried foul. Rogers said, "it never well. Professor Bert Prunty will units), which will include rus cepted payments from New slap in the face for him," Chai- occurred to anyone until recent- teach two semesters of Corpo- own materials. York-based Wedtech Corpora- tin said. ly to research the minutes [ap- rations, along with a course in Professor Rick Marcus, visit- tion in exchange for influencing Lathrope told the Law News pointing Wallach)." agency and partnership in the ing in the fall from the Univer- government officials, including that his investigation revealed Wallach added, "all of a sud- spring. Professor Leo O'Bnen sity of illinois, will teach one his longtime personal friend, that Wallach had been appoint- den, along comes an acting will teach a section of Consti- semester of Complex Litigation, Attorney General Edwin Meese. ed "overseer" of the Center for dean who doesn't even have the tutional Law. The Acaderruc and will share a section of Civil Wallach, 53, a former presi- the 1981-82 academic year only. courtesy to give me a phone call I'ean's Office also confirmed Procedure with Professor David dent of the San Francisco Bar According to Board minutes, and tell me there was no confir- that controversial Professor Levine. Association, is also under inves- the Board voted on June 12 mation of my appointment be- Fern Kaplan will not teach next Professor Ira Ellman, visiting tigation by a special prosecutor 1981 to install Wallach for ｯｮｾ＠ cause it's not in the minutes, year. during the fall from the Univer- in Washington in connection year to develop programs and and he works to get me off the Many visiting faculty Will sity of Arizona, will teach Fam- with an Iraqi pipeline project, policies for the center. Wallach board." teach next year, some of whom ily Law (3 units) and a seminar and by the State Bar for alleg- was suggested on motion by Advisory board member Car- will also bring new courses to on law and medicine (2 units). edly charging excessive fees in Dobbs and seconded by vice los Bea and others contend that the curriculum. Professor Jan personal injury cases. chairman Myron "Doc" Etienne. Dobbs and the Board are trying Ellen Rein, visiting one year Dean Kane also stressed that Wallach has pleaded not Wallach told the Chronicle he to eliminate Wallach without from Gonzaga University in students should be aware of he guilty to the criminal charges was offended by the term "ov- attributing it to the indictment Washington, will teach a mini various differences in course and has denied the other alle- erseer" and said he had been lodged against him. course, Representing the Elder- specificatIOn, which include: gations. appointed dean of the center in "Somebody had to turn to ly (fall), prompted by her pub- GPA Courses: Those which In 1971, Wallach helped cre- 1981 by then-Dean Bert Prunty. somebody and say, 'look, I want lished work m the field . She include anonymous gradmg of ate the advocacy center, which "I put my heart and soul into this result. Now let's go find will also teach two semesters on at least 50% of the exam; is designed to improve the skills that center," Wallach said. some evidence,'" Bea told the her specialty, wills and trusts, Non-GPA Courses: Courses in of practicing lawyers. The cen- Critics have charged that the Recorder. "Instead of saying and will be publishing a horn- which the exam do not require ter has developed into one of the College is seeking to sever its 'look, we want to jettison Mr book on the subject. anonymous grading, or a long best in the country and has ties to Wallach because of the Wallach because he's been in- Professor Vern Countryman, paper to fulfill the new writmg brought national prestige to charges pending against him, dicted,' they seem to be looking retired from Harvard Universi- requirement beginning with the Hastings through continuing although Wallach should be en- for a pretext." ty, will teach Secured Transac- Class of 1990; and legal education programs held titled to a presumption of inno- The battle between Wallach tions as well as Creditor's Seminars: Requires a major during the summer and fall. cence. But Lathrope told the and the Board heated up on Remedies and Debt Protection writing assignment, such as According to lawyers .associ- Law News the investigation had March 18, when the Advisory in the fall. Kane noted that one long paper or several small- ated with the center, Wallach been prompted by financial Board of the Center met and Countryman is eligible and er writmg assignments, done has been essential to the cen- problems at the center, which unanimously recommended being considered for Sixty-Five under full-time supervision of a ter's success from the begin- has lost $190,000 since 1983. that Wallach be retained as its Club membership. faculty member This fulfills the ning. But Lathrope, in his April 8 re- leader.h Professor John Hetherington, third-year Writing requirement, "Bob has devoted endless port to the Board, admitted "We've always considered visiting during the fall from the and does not include journals or Moot Court. _ hours to organizing and pro- that the losses are due to Col- Wallach the leading light of our University of Virginia, will moting it," lawyer Ellen Chai- lege management of the center, organization," advisory board tin, who serves on the center's not decisions made by Wallach member Carlos Bea told the Re- Common Sense advisory board, told the San or the center advisory board. corder on March 2l. (continued from page 9) solve necessary to make tough Lathrope said the Board Mter the March 18 meeting, to help it in a time of trouble. decisions and take decisive ac- merely wants to ensure that the advisory board members To you I say: Stop blindly blam- tion m the best interests of thiS Center is controlled by the Col- charged that Wallach was being ing this country! There actually country. Goren elected lege and Dean rather than an ejected by the Hastings Board are situations when we are in unofficial leader. Lathrope said due to past political differences, the right. So open your eyes and We all want the same thmg- (continued from page 1) that the Board's concerns stem a view Wallach himself shares. think about what is happening to avoid sending U,S, troops to from the fact that the center Wallach briefly represented before it is too late. I sometimes fight m Central America. To foster grass roots support from has never been under faculty Prunty during his conflict with fear that if the Soviet Army prevent this from happening, the students here at Hastings. supervision. Lathrope noted the Board last year, which end- were to invade California with- however, it IS necessary to take Finally, she will approach the that during the six months pre- ed in Prunty's dismissal as out provocation, these same action to help those who are Board to convince it to facilitate ceding his investigation, Wal- dean. Wallach also represented people would find some way to fightmg our enemies there. The a student membership through lach had never contacted Lath- former College dean Marvin call the U.S. the aggressor. All most judicious policy is to send its internal processes. Goren rope regarding the center's ac· Anderson when the Board that is accomplished by these American aid & arms, not boys, told the Law News she is opti- tivities. forced Anderson out in 1980. - people is a weakemng of the re to Central America - mistic that this plan will be ef- fective and benefit all students with greater representation in the policy-making process. Goren won by a small margin KGO Building, West Block mortgaged (27 votes) over her opponent, (continued from page 2) Matt Davis, an ASH represen- Etienne expressed dissatis- for the loan, even if the value of found that Hastings had not establish a trust to administer tative and co-founder of the faction with the completeness of the security is less than the made significant progress at re- repaid scholarship funds apart Hastings Student Loan Amnes- the projections provided to the amount owed. Directors sug- paying these funds, and had from other College monies. ty Program (SLAP). Davis ran Board by Kerley. Etienne stated gested that Hastings could be abandoned all educational uses They also require that the trust on a platform similar to Gor- that he was "really concerned exposed to forfeiture of Mc- planned for the properties. not be administered by anyone en's. Bursh defeated David about approving loan docu- Allister Tower or the academic Triggered by the Auditor on the Board when the misap- Kahn of Section 6, who advocat- ments with so many unan- buildings, none of wruch are m- General's findings, the Attorney propriations were made, ac- ed computerization of the ASH swered questions." He volved in the West Block loan. General discovered the specific cording to Assistant Attorney treasury. Cordova ran unop- cautioned the Board to "consid- amounts and identities of funds General Carole Kornblum. posed. er the downside" in case the Auditor General investi- improperly used for West Block Chairman Dobbs and General Renee Fenton, a write-in can- lease/option scenario proves gation triggered controver- purchases. Based on its inves- Counsel Jamison are currently didate, ran on the strength of less lucrative than Kerley's fig- sy tigation, the Attorney General's the only such individuals still her outstanding organizational ures suggest. Etienne also The controversy has been office demanded that Hastings mvolved with the Board. abilities and working knowl- questioned whether the Direc- simmering since October 1986 repay the funds in cash. along However, Jamison told the edge of Roberts' Rules of Parlia- tors would be "exercising due when the California Auditor with statutorily-mandated in- Law News that no one who mentary Procedure, and easily diligence as trustees of Has- General reported that Hastings terest ranging from 7'1< to 10%. served on the Board during the won the race for ASH Secre- tings" if they voted for the pro- improperly used about $1.05 The Attorney General chose not time of the misappropriations tary. The initiative propos- posed financing plan. million in restricted scholarship to determine the liability for was interested in serving as ing a fee increase of $5 to Etienne and several other di- funds to purchase West Block breach of trust by any individ- trustee. maintain the McAllister 'lbwer rectors expressed concern that properties during the mid- ual involved in the misappro- In February, Dobbs an- gym passed by an overwhelm- the loans taken by Hastings 1970's. Hastings purchased the priation, but sought only to nounced that the trustee posi- ing margin of 566 voted yes to had no non-recourse provisions. properties intending to use "make the [scholarsrupl funds tions would be filled by Board 115 noes. The gym will be open A non-recourse provision states them for the expansion of aca- absolutely whole," according to members John Sproul, Jan to students starting April 15. that in the event of a default, demic facilities, and used schol- Deputy Attorney General Lewenhaupt, and Charlene A run-off will be held this the lender cannot claim any as- arsrup funds after its $4 million James Schwartz. Mitchell, all of whom were ap- week for the position of Director set held by a borrower other line of credit on the properties The Attorney General's de- pointed to the Board within the of Arts and Recreation. _ than the asset used as security had been exhausted. The report mands stipulate that Hastings last few years. _ Has/il'.lis Law News April 14, 1988

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Dear UC-Hastings Law Student: As the 1987-88 academic year draws to a close, BAR/BRI would like to wish all of you good luck on your upcoming final exams. To the graduating Class of 1988, you have accomplished a major goal in your life· and we at BAR/BRI appreciate the opportunity to help you over your last hurdle -- the California Bar Exam. In that regard, the summer course will be held at Hastings in the morning (8:30-12:00), afternoon (1:00-4:30), and evening (6:00-9:30). For those students attending the evening lectures, you will have an opportunity to see the finest staff of professors teaching live. Students are always concerned with testing and we are pleased to include the finest testing program, including: - A 4 day Performance Test Workshop - A 4 day Multistate Method Workshop - 20 hours of essay exam technique and testing, including more than 200 past California Bar Exam essay questions. Stuents will turn in approximately 2 essay assignments per week for a grade and a complete written evaluation. We are also very pleased to announce the addition of Dean John Diamond to our faculty. To continuing students, BAR/BRI will be as active next year at Hastings by offering enrollees recently updated outlines, early bird lectures, and a local full-time attorney staffed office. Don't forget, for BAR/BRI enrollees our office at 332 Golden Gate Avenue is now open for tape listening the following hours: Monday - Thursday 9:30 AM to 9:00 PM and Friday and Saturdays, 9:30 AM to 4:30 PM. If we can be of any assistance, please do not hesitate to call (415) 441-5600. Sin,9€rely,

/ I

ｩ ｾｯｲｹＶＨ＠ cUlin,' Esq. ｾｾ･｣ｵｴｩｶ･ｾｲ｣ｴｯｲ＠

HARCOURT BRACE JOVANOVI<:;H LAW GROUP