The Docket Historical Archives

11-1-1984

The Docket, Issue 3, November 1984

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Recommended Citation "The Docket, Issue 3, November 1984" (1984). The Docket. 109. https://digitalcommons.law.villanova.edu/docket/109

This 1984-1985 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. i la -J

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Vol. XXI, No. 3 DOCKETTHE VILLANOVA SCHOOL OF LAW November, 1984 Judge Aldisert Speaks at VLS Conference by Michael T. McGrath must rely on the oral argument to get its Ruggero J. Aldisert, Chief Judge of the initial bearings on a case. United States Court of Appeals for the Judge Aldisert noted that Justice Felix Third Circuit, delivered a speech on appel­ Frankfurter of the U.S. Supreme Court late advocacy at Villanova Law School Sep­ never read a brief until he had heard oral tember 25. argument in the case. The Judge explained Judge Aldisert's presentation, sponsored that the Third Circuit is a "hot" court and by the Villanova Moot Court Board, fol­ that briefs are usually read six to eight lowed the conclusion of the first Penn­ weeks before oral argument. He said that sylvania Appellate Judicial Conference state courts are more likely to be "cold" held at Villanova Law School. After his courts. speech, Judge Aldisert answered questions Judge Aldisert mentioned that his own from the audience. procedure is to read the brief himself and Named to the Third Circuit in 1968, write a memo setting forth issues and a Judge Aldisert is recognized as one of the probable disposition. He then passes most nation's foremost experts in judicial ad­ of the briefs on to his clerks for considera­ ministration and process. He has been ad­ tion. "I take briefs with me and read them junct Professor of Law at the University of wherever I am. 1 read a lot of briefs in Pittsburgh since 1964. He has also written airports. My time is limited, and I rarely am numerous books and articles on subjects able to read briefs in a distraction-free set­ ranging from judicial administration to ting, so my initial impression is critical," professional responsibility. Judge Aldisert said the Judge. is also Chairman of the Federal Appellate Judge Aldisert firmly believes that a good Judges Conference. brief should contain three points, and no Judge Aldisert's speech covered three more than five. At the same time, he said areas: brief writing, "psyching" a court, that lawyers usually try to compress as and oral argument. many points as they can into briefs. Judge Aldisert makes a point at the recent Appellate Judicial Conference held at Garey Hall. Brief writing is the most important as­ A brief containing seven points or more pect of appellate advocacy, according to the triggers the Judge's "Aldisert Presump­ courts are courts of limited perception in peal," said Judge Aldisert. Judge. He asserted that cases generally are tion" that none of the points are any good. the common law tradition, and they can The Judge outlined the difference be­ won or lost at this stage, regardless of the Explaining why a brief doesn't need several make no inquiries as to facts'. This con­ tween the skills of a good trial advocate and advocate's skills in oral argument. . points, thejudge said that a case is usually trasts with civil law, where the first appel­ a good appellate advocate. "The trial lawy­ To explain his point, Judge Aldisert dis­ reversed on only one issue, and never on late court may review facts and take new er's job is to persuade the factfinder to re­ tinguished between "hot" courts, which more than two. testimony. turn with facts supporting his point of have read and considered the briefs care­ Judge Aldisert said that it was important "Under the Seventh Amendment, facts view. The appellate advocate must per­ fully before hearing oral argument, and for the advocate to understand and set ' found by a jury may not be disturbed upon suade a panel of judges that there has been "cold" courts, which usually read the forth for the court the standard of review appeal. If the litigant loses on the facts at an error by the trial court. And all trial briefs after oral argument, and therefore, for each issue. This is because appellate trial, of the time he'll also lose on ap- judges err sometimes,']^ ^—^'Judge AJdisert next^discussed the tri- chotemy in the nature of appellate review. IN MEMORIUM "There are issues that tangentially refer to facts, issues that refer to the trial court's On Saturday, September 22, 1984, VLS discrkion, and issues of pure law," he ex­ suffered a great loss. Ed Huber was killed plained. Judge Aldisert again reaffirmed in an automobile accident. The accident occurred in Boston, Ed's hometown, where the necessity of giving the court the proper he had returned to attend the wedding of a scope or standard of review. college friend. Judge Aldisert characterized tangential Eddie was a member of the second year fact review as an argument over "ultimate class-active in SBA and on the Honor facts-mixed questions of fact and law." To Board. He was loved and respected by all illustrate his point. Judge Aldisert used as who were fortunate enough to know him. an example a situation where a car runs The impact Ed had on his colleagues is apparent: "Friends of Ed Huber" have or­ through a red light at seventy miles per ganized to set up an "Ed Huber Memorial hour. "Is he negligent? The jury may decide Scholarship Fund." A, recipient will be that as a matter of fact the driver is negli­ chosen from the first year class, by his or gent. If the trial court agrees that it is a her own peers, based on leadership and question of fact, then the jury's deter­ need. mination is not reviewable. The "Friends" hope to raise $5000. in­ itially for the fund. They are sponsoring a Focusing on the role of the lawyers in car wash and a party to raise money. In such a case. Judge Aldisert said, "the ap­ addition. Phi Delta Phi will donate the pro­ pellant's counsel will argue that there is a ceeds of the Fun Run (to be held in April) to question of law here. A good lawyer for the the scholarship fund. Anyone wishing to appellee will argue that it is a question of make a contribution to the fund should con­ fact." tact Fred Levin or Tricia Buck. Harold Gill Reuschlein: Dean Emeritus. Ed was a dear person who made the halls In trying to convince the appellate court of VLS a little brighter. He will be greatly First Dean of VLS to reverse on discretionary grounds. Judge missed. Aldisert warned against the danger of dis­ guising the issue simply as a question of Reuschlein Returns For Visit law. "The appellate court won't ignore the by Jill Aline Cheilik Notre Dame for a year. From there he lower court. You must convince the appel­ i Harold Gill Reuschlein has a wonderful moved on to Syracuse for one year, and late court that the trial court abused its Ul smile. All you have to do is tap him on the then to the University of Pittsburgh for five discretion (on areas such as evidentiary in shoulder and he turns around and grins years. While at the University of Pitts­ questions , injunctions and requests for a 2 - s9 6 like he'd won a million dollars only yester­ burgh, he revised the Public Health Code new trial). day. Reuschlein is the Dean Emeritus of for the Commonwealth of Pennsylvania. "In questions of law, there is plenary s ^ I E I VLS, and after a long absence, he has re­ Then, in 1953, he came here to Villanova to review," said Judge Aldisert. "You try to «« =£ & 3 > e turned to the area with his wife to live start the law school. ("You know," he inter­ persuade the court to accept your concept I permanently. He has had a long and illus­ jects at this point, having just recited the of the proper law. You have to convince the trious career, and now, at age 79, he is still previous background information, "We all appellate court that it has complete author­ going strong. He attended college at the like to blow our own horns. We can pretend ity in the instant case to substitute its judg­ University of Iowa and then went to Yale you got this out of 'Who's Who in America', ment for that of the trial court." He also Law School. He received his S.J.D. (which but, ..." and he continues with his back­ emphasized that brevity and getting to the he calls the "law teacher's Ph.D.") at Cor­ ground info.) point quickly are crucial in these situa­ nell University. He had his first teaching He is extremely proud of bringing the tions. o job before he attended law school; as a pro­ Order of the Coif to VLS, the first Catholic At this point, Judge Aldisert explained fessor of history at New York University. law school to receive it. Dean Reuschlein three situations the lawyer may face. "You o§ After receiving his degrees, Reuschlein has also been knighted by two popes; the should focus on the conflict between the (/) at taught at Georgetown full-time for eight Knight of St. Gregory from Paul the 6th. He parties in your brief. Examine whether the years, and sometimes during World War II. has been married for 54 years to the same < < court erred in its choice of legal precepts J 0- He served in Army Air Force headquarters woman, which may, in today's world, be (competing principles)." during the war, and he was made the Chief his single greatest achievement. He spoke ill < < If this avenue is unavailable (i.e. the pre­ £ > > of the Office of Legislative Services with to the Docket in the Student Lounge with cept controls). Judge Aldisert recom­ o O o the rank of Colonel. He was awarded the great ease and familiarity, as if he'd been mended attempting to argue for a favorable •I Q<< Legion of Merit upon leaving the service handling press interviews all of his life, and statutory interpretation. Sometimes, usu­ Q) -I -J after the war. When the war ended, he left perhaps, indeed, he has. . . ally in criminal law cases, the only argu- £ > > Georgetown, primarily because he didn't like teaching night classes, and went to (Continued on page 11) (Continued on page 10) Page 2 • DOCKET • November, 1984 LETTERS TO THE EDITOR This letter is in response to the Docket Dear Editors: The EDITORIAL article by Dan Weisman in the October, It may interest you to know that we in 1984 issue. BALSA finds objectionable the the hinterlands actually read the Docket, use of derogatory terms to refer to minori­ not just the pictures and captions. Though ties. Even in quotation marks or to emphas­ some may say you are the People Maga­ ize a point, they are still objectionable. We zine of law, I know no other. Keep up the U.S. A/d to Israel would expect that a person who is about to good work. enter the legal profession would be able to Robert A. Hawley '74 articulate his or her point without the use Circuit Judge of racial slurs. As a retort to political or Wimiebago County Circuit Court No More Blank Checks private statements, they are, nonetheless, Oshkosh, Wisconsin inappropriate and unprofessional. P.S. There are aluni in our fair city. I have The recent House of Representatives de- subsidies have proved to be more than a BALSA even forwarded a copy of The Docket to < bate surrounding the foriegn aid bill af­ country who must spend one-fourth of its them on occasion — of course in a blank forded great insight into the power of income on defense can afford. As a result, Mailing Policy envelope. effective lobbying. The foreign aid bill was on a per capita basis, Israel is by far the • hotly contested because of its key provi­ most indebted nation in the world; it even Editor's Note: In the August, 1984 edition sions on aid to El Salvador. Liberal Demo­ surpasses loss-leader Argentina (Argentina of The Docket, alumni readers were noti­ crats fought tooth and nail against the aid has $44 billion debt with 30 million people; fied that future issues would not be sent to to El Salvador. Still, they ended up voting Israel owes $25 billion and has only 4 mil­ them unless they requested to remain on for the bill, even though they were unable lion people). Of the per capita aid given to our mailing list. The circulation change Dear Docket: to materially alter the El Salvador-ian aid Israel, one senior senator said, "If the gen­ was necessary, according to Dean Murray, It seems that there is a serious and an­ provisions. Why were they compelled to eral U.S. population knew that we were because of budget constraints. To date, ap­ noying lack of maintenance performed vote for this bill? In great part, because the handing out $900 to $1,000 dollars a person proximately 300 alums have requested to upon the physical plant of VLS. Ba­ American-Israeli Public Affairs Committee to the Israelis, they wouldn't stand for it. remain on the mailing list, and more re­ throoms, water fountains, and classroom tactfully reminded the Congressmen that People just don't know the extent of our quests arrive each day. The following com­ doors have been out of repair with little or one-fifth of all U.S. foreign aid goes to Is­ generosity." ments accompanied some of these requests. no attempt to rectify the situation since last spring. Isn't it about time that student rael, and this year's bill contained a crucial Israel does supply the U.S. with intelli­ $2.61 billion aid package for Israel. tuition dollars be put to immediate use to gence information and an artificial island Editor: take care of this problem? "I displayed my usual cowardice," one of stability in the Middle East, but beyond As former Editor I wish to congratulate Sincerely, member of the House said later. It was not that the consideration for our aid is hard to you on a fine job. Bernard M. Resnick ('86) so much that he opposed aid to Israel, but find. Even the little we do get is open to Tom Blazusiak '76 rather, he resent^ the absolute political question. The intelligence information , requirement many Congressmen feel to could come, at a much cheaper rate, from Dear Docket Editor: Too Sensitive vote "for Israel." Even when such a vote any number of Arab states who would not Please put me on the list of alumnae to means they must abandon a heartfelt prin­ despise the U.S. if it were not for Israel. receive the Docket. I enjoy it a great deal ciple. Episodes such as this receive very Even the democratic stability of Israel is and feel that it keeps me in touch with the To the Editor: little press coverage because reporters and questionable as government after govern­ law school in an important way: What are The petition urging greater sensitivity politicians understand that Israel and its ment fails to take hold. the students and faculty up to? Keep up the toward women, which is currently circu­ lating, deserves the support of every clear- American friends constitute the single Today the U.S. is in a weaker position in . good work. thinking individual. A few of the petition's most effective lobbying force in the coun­ the Middle East than ever before. Distrust Randall C. Rolfe promoters, however, need some public rela­ try; they take its victories for granted. No of the U.S. is rampant because we are per­ Dear Editors: tion pointers along with some basic lessons other country in the world gets as much aid ceived as only being capable of following Please keep my name on the DOCKET in prevailing male attitudes: 1) almost from the U.S. The massive U.S. aid pro­ Israel's trail in foreign policy. Israel is on mailing list. .-. keep up the good work! without exception, the men at this school gram funds almost 15% of the Israeli our land," Jordan's King Hussein said in a Joseph Oberlies budget. are not "sexist" in the sense that they per­ recent interview. "It is there by virtue of Class of 1983 ceive women as inferior; 2) many men do, American military assistance and eco­ The problem is not that aid to Israel is a however, thoughtlessly use "sexist" nomic aid that translates into aid for Israeli If you promise to . . . take away Dan bad idea. It is that the aid goes unquesti­ phraseology at times, thereby uninten­ j settlements. Israel is there (on the West Weisman's jell-o and hand cuffs, I will give oned, with no strings attached. No other tionally offending women; 3) women's Bank) by virtue of American moral and pol­ you my OK to keep me on the "Docket" country receives such open-ended aid from mailing list. rights groups should be geared towards in­ the U.S. This year the administration re­ itical support to the point where America is succumbing to Israeli dictates." Gracias, creasing males' awareness and sensitivity quested $850 million in economic (as op­ Philip M. Colicchio to unintentional offensive remarks; 4) re­ posed to military) aid for Israel next year. The world sees that we have a double sponding to every thoughtless remark by The Senate Foreign Relations Committee, Gentlemen; labelling the offender a "sexist" is a serious whose chairman and ranking Democrat are standard for Israel. The U.S. has sat idly by, just funneling over the dollars, as Israel We have been receiving your publication injustice and counter-productive; 5) a re­ up for re-election this year, almost doubled entitled, THE DOCKET . . . Since we do cent 3rd year classroom challenge to a pro­ the administration's request and recom­ has time and again flouted international law. There are many examples of this Is­ not wish to receive the publication in the fessor's "attitude" was utterly baseless mended $1.2 billion worth of aid. Even future, please remove our name from your according to any objective standard and though the economic aid is classified as raeli insensitivity towards' international concerns: the June 1982, invasion of Le­ mailing list effective immediately. caused many supportive males to question non-military, the entire amount of U.S. aid Thank you for your assistance in this the fairness of the leaders of the women's is effectively devoted to Israel's defense, banon; the annexation of the Golan Heights, which belonged to Syria; the ex­ matter. movement at VLS; 6) a hyper-sensitive, pa­ because most of the economic aid goes to Very truly yours, ranoid response to unintentional, albeit re­ cover previous military loans from the U.S. tensive and costly Israeli settlements on the occupied West Bank; the July 1981, Mrs. Trudy Baumgartner grettable, "sexist" remarks not only The Senate's recommended increase in aid Library Secretary discredits the whole women's rights move­ bothered a senior member of the House For- bombing raid on the Palestine Liberation Headquarters in downtown Beirut; and the The University of North Dakota ment at this school, but is STUPID. eigri Affairs Committee who said, "We Thormodsgard Law Library James Watkins, 3L can't let them be more generous than we bombing raid which destroyed the experi­ are. The House did come up with a way to mental Iraqi nuclear reactor. Could the give more aid. In the past, Israel was ex­ United States stand idle if any other coun­ pected to repay, at some future time, 30%- try in the world committed such blatant THE 40% of the military aid. This year, however, international crimes on a regular basis? none of the aid has to be paid back at all. The Israeli machine of arrogance is DOCKET The relationship between our countries fueled by American dollars. They find no has gotten completely out of U.S. control. wrong in raids, by Israel only, across na­ An Israeli newspaper noted that when tional boundaries into a sovereign country. The Docket is published monthly by the students of Vilianova Law Israel asked the U.S. to help them build the The Israelis see themselves as the tripwire School, Vilianova University, Vilianova, Pa. 19085. Letters and articles "Lavie" fighter plane it got more help than of democracy. Verbal rebukes by Congress are welcome from students, faculty, alumni and the community. Paid and the President have had no effect. It is it ever expected; despite the effect of Con­ advertisements are also accepted. The Docket is distributed to all current gress now subsidizing a plane to compete time to coerce the Israelis through their with the American aircraft industry. pocketbook. While the U.S. has temporar­ students, faculty and administrators. Alumni who wish to receive The ily held up arms shipments on several occa- Docket by mail should notify The Docket office at the above address. It seems that Congress is bending over sions, neither Congress nor any backwards to find novel ways to "help Is­ administration has ever moved to penalize Editor-in-Chief rael." A bill to move the U.S. embassy from Israel by cutting aid. The U.S. must take Thomas Anthony Thornton Tel Aviv to Jerusalem developed incredible control of the massive amount of our tax momentum in Congress even though the dollars upon which Israel floats. The world Feature Editor Production iManager Israeli government never asked for it and sees the Israelis as our agents and as such Michael T. McGrath James Watkins the AIPAC originally shied away from it. their actions reflect negatively on us. Con­ Confess seriously entertained this bill gress must take the reigns and force Israel despite its cons^uences of blatantly violat­ into a reasonable posture by careful scrut­ News Editor Copy Editor ing the separation of powers, antagonizing iny of where our dollars go. Kate Tana P.J. Redmond the Arabs (who feel that Israel has de facto Sports Editor Business Editor annexed Jerusalem), and forcing the U.S. to Kevin McKenna Howard Meyers move one of the largest embassies in the " The final question here is: What has Is­ Graphics Editor Layout Editor world. It is frightening when a lobby be­ rael done to help itself? Evidence is very Mark Richter Perry Simon comes so effective that it's pressure oper­ hard to find. Severe austerity measures are Photographers ates without it. promised, but the subsidies and interna­ Jim Dalton tional attacks continue. Dan Halperin, Is­ Andrew Wohl All of this aid goes to prop up a country raeli economic attache in Washington, which cannot sell enough to support its recently mentioned that Israel had not yet high standard of living coupled with a 400% formulated its request for 1986, but Hal­ Associate Editors: Anna Arakelian, Charlie Howland, Jackie Schulman, annual inflation rate. For years the Israeli perin said, "We may need a measure of T.A. Thornton, Dan Weisman, Mary Porter government has subsidized consumer pri­ extra support." Staff: Herb Abramson, M.Th. Borque, Jill Cheilik, Walter Champion, Barb ces to insure a high standard of living for Dively, Scott Fegley, Mark Foley, Michael Gallagher (occasionally), Na­ the general population. However, these TAT talie Habert, Kurk Kramer, Alaine Luchske, Brian Mich, Michele Monaco, Sean Abdul O'Grady, Tom O'Keefe, Ellen Resinski, Greg Sharkey, Gina Editor's Note: The Docket welcomes all comments and criticisms regarding its editorial Vogel, Joe Zahm. positions. Noveniber, 1984 « DOCKET • Page 3 More Letters DEAN MURRAY:

Dear Editor: Every week, we read the law school THE LAWYER'S SEARCH FOR JUSTICE newsletter and see the Mjjjrds, "The School of Law does not discriminate on the basis of Editor's Note: The following is text of the was normal in Asia. There was no univer­ treated alike, or where laws are not promul­ race, creed, national origin, sex, marital gated, or where compliance with a so-called status, age, or physical handicap in the address given by Dean Murray prior to the sally accepted external standard by which beginning of the annual Red Mass. to judge the law of Asia, Burke replied. rule of law is literally impossible? If law is educational programs and activities which only what the officials in society com­ it sponsors." The words sound nice, but are Twenty years ago, one of the great legal mand, we would have high degreeof predic­ they worth the paper they're written on? philosophers of the twentieth century, Lon Dean John E. Murray tability of the outcome in the case of any As was pointed out in The Docket's Fuller of the Harvard Law School came to Jew appearing before a Nazi tribunal. Is editorial last issue, many students feel left The education of lawyers produces a Villanova where he defended his thesis on that law? Or is it tyranny? If we fear the out and unprotected. This is not to say that true, intellectual metamorphosis. There the inner morality of law. It has become a might of any segment of our society, will any of Villanova's powers that be are un­ legal education exposes them to a socratic classic defense and is often quoted from the we call it right to escape the consequences caring monsters, only that more than mere dialogue which is designed, in par;, to pages of the Villanova Law Review. As Law of that might? words are necessary. We can clap our create skeptics. No statement from any Review advisor, I had the privilege of hands and believe as hard as we want, but source is accepted on its face. Every asser­ spending several hours with Fuller when "The gentlemen has formed a geographic that will not in itself end prejudice and tion of truth is questioned. Why? What dif­ he arrived early for the debate. Fuller re­ morality, by which the duties of men in ethnic hatred. Freedom from preju4ice is a ference does it make? What is the relevance garded justice as the ideal attribute but public and private stations are governed by process, not an end. As such, it must be of that statement? These and similar ques­ recognized that it may be impossible to pro­ climates. After you cross the equinox, all nurtured. An official policy without follow- tions pervade the thinking of the law stu­ vide an adequate definition of justice. The the virtues die. Against this geographic up will not do this. dent until he or she is ready to become a failure of definition does not, however, pre­ morality I do protest. I declare that the laws Some would contend that Villanova does contestant in the adversary process. These vent the lawyer from recognizing clear of morality are the same everywhere; and not have any such problem, that there is no qualities become such a part of the neo­ cases of injustice. The physician can recog­ actions, extortion, oppression and barbar­ prejudice here. One day's worth of talking phyte lawyer that family or friends wonder nize plain cases of disease and yet cannot ity in England are so in Asia and the world with a cross-section of students should dis­ why they cannot mutter even an innocuous define health any better than lawyers can over. pel that notion. Many gripes could (and remark without being subjected to a line of define justice. The lawyer whoasserts that If there are universal, objective stand­ should) be aired but one item in particular questions. Of course, the lawyer is not his profession has nothing to do with jus­ demonstrates that hatred still exists at Vil­ aware of this penchant for attack. To the tice presents a spectacle no less sorry than ards to^which we must adhere, what are lanova. Graffitti in the second floor men's the physician who decides to give up heal­ they? In the daily activity of our law, we are lawyer, the socratic rapier which cuts called upon to reconcile the seemingly irre­ room (An appropriate place) states, "Hitler through the vacuous statement like a laser ing the sick because he could not reduce the was not wrong, just indiscreet." This in­ concilable, to merge antitheses; to synthes­ sword has become the norm. It has become concept of health to a scientific definition ize opposites. We want liberty but we also dicates a serious problem. Even if the an inextricable part of his very being. The for all diverse situations. Like justice, statement was intended as a joke, it dis­ need order in society. We insist upon re­ lawyer must be skeptical. health is not reducible to Euclidean exact­ spect for the property rights of the individ­ plays a gross lack of sensitivity towards fel­ There is probably no lawyer or judge bet­ ness. low human beings. Such an attitude does ual but not to the point at which they ter known to Americans than Oliver Wen­ threaten the welfare or the security of the not belong at Villanova, or anywhere (for dell Holmes, Jr. Holmes was filled with The workaday lawyer may be impatient that matter). with these rarified notions of legal philo­ many. The great Cardozo was frustrated skepticism. Any suggestion of absolute with these antinomies. He said, "The There is no one right solution. Many truth was anathema to him. He said, sophy. Why not leave these thoughts to the possible ideas could be tried. In fact, trying academics, the legal philosophers? A very ground seems to slip beneath our feet, yet, a "There is in all men a demand for the foothold must be found." a variety of proposals would probably be superlative, so much so that the poor devil pragmatic lawyer, Benjamin Nathan Car- best, for jthat would keep these issues on who has no other way of reaching it attains dozo answers, "In any legal argument, phi­ the front burner. We could attempt group- it by getting drunk." The demand for the losophy is the final arbiter. Often the We may say that it is impossible for our to-group outreach programs, seminars, superlative in all of us continues, unsatis­ philosophy is ill coordinated and fragmen­ society to allow such rejections of basic school-run discussions, appropriate refer­ fied. Holmes wps insightful. Unfor­ tary. Neither lawyer nor judge, pressing principles. But it is so easy to subscribe to a ences in class discussions — the list is end­ tunately, as is often true of the great forward along one line or retreating along philosophy of moral relativism. We may less. The exact items which appear on it are Holmes, he is not content to provide the another, is conscious at all times that it is not even consciously recognize how we are not important, so long as our fundamental insight. He often falls into grievous error. philosophy which is impelling him to front slipping toward the view that the gover­ concern remains the eradication of all ves­ "It seems to me," he says, "that this de­ or driving him to the rear. If we cannot nance of any society depends upon the indi­ tiges of ethnic hatred and prejudice. mand (for the superlative) is at the bottom ' escape the Furies, wedo well to understand vidual culture or mores of that society. The This leads to one final question. Preju­ of the philosopher's effort to prove that them." Roman poet Ovid reminds us of our procliv­ dice did not suddenly arise at Villanova truth is absolute and of the jurist's search ities: Video meliora proboque; deteri- overnight. The situation has been building for criteria of universal validity . . We have invested decision-making in our ora sequor — I see the better things and for a long time. Why hasn't anything been Holmes would tell us that it is a fallacy to society to the lawyers. Unlike the past they win in my judgment; it is the worst done about it? Why? search for anything absolute or universal. when we would ask the lawyers to deal that I pursue. Edmund Burke reminds us of Dan Weisman He was eager to shun the Scylla of dogma­ only with our property, our contracts and the quality of lawyers: they are intel­ tism. In doing so, he fell unwittingly into occasional invasions of our persons or prop­ lectually acute and dextrous; they are Women's Groups at V.L.S. the Charybdis of extreme skepticism. The erty, we now ask for answers to larger ready in attack prompt in defense and filled by Jackie Shulman extreme skeptic is a cynic — a nihilist — for questions which confound other disci­ with resources. But, most important, they The Women's Law Caucus. The whom there is only one, absolute truth: plines. What is life? When does life begin? sniff tyranny in every tainted breeze. Women's Network. Two groups dedicated that truth does not exist. If objective truth What is death and when does it occur? — to issues affecting female law students. is impossible to find, there are no values. when should we disconnect the life sustain­ My idol is Thomas More because he had a Two distinct groups. Though the VLS fe­ Any effort made to determine justice in any ing mechanisms? How will we retain our consummate understanding of the frailty male student population is fast approach­ situation is unproductive and, perhaps, personal liberty, end our racial tensions, of positive law and the immutability of ing 50%, there are those who question even counterproductive. outlaw war, and sweep contaminants from overriding values from which positive law whether the school can "support" two our globe? Unlike the economists and the in any sense of that term must descend. If "women's" groups. A valid concern? Yes, if If one were to seek an understanding of philosophers, the lawyers have to make de­ truth and justice are relative, pressing the two groups shared the same objectives. the concept of justice, it may seem approp­ cisions. We make these decisions not be­ one's views upon others would be arrogant. Thev do not. riate to ask the lawyers of society. Yet, of cause we are infallible but because we are But More inspires us to believe that truth The Women's law Caucus was formed a the billions of spoken and written words final. That is our cross to bear. We know, and justice exist, no matter the over- number of years ago. Its focus is external. uttered by lawyers in any given era, there only too well, how fragile some of our ' whelming difficulty we may sometimes Originally, all efforts were directed at the is preciously little talk of "justice." We can decision-making can be. We are often torn. confront in particular applications to the ERA issue. Today, the Causus is best provide myriad definitions of justice. The We want to do good and avoid evil. Yet, the complex and convoluted situations of our known for its quaUty "career selection" most traditional definition is simple: to increasing complexity of a modern age of time. Remember how he agonized and ana­ presentations. The membership has al­ render to each his due. But we immediately future shock often makes us feel not only lyzed his momentus decision. Lawyers ways been co-ed. recognize that definition s a tautology. The inadequate; it makes us wonder whether must resist the temptation to surrender In contrast. The Women's Network is lawyer will ask, "How do we decide what is we or anyone can be sure of any decision. their quest for truth and justice, no matter less than a year old. It is the creation of a due each member of any society?" And so, We feel a sense of malaise which has per­ how elusive and difficult that quest may be group of second year women who had left , we resort to pragmatism. Law is viewed as meated our society. It casts a pall on feel­ in particular cases. Lawyers are the chief the lack of . . . and saw the need to lend nothing more than what the officials of any ings of initiative and accomplishment. The instruments through which a hierarchy of support to first year women who did not fit society will do, in fact. It is nothing more insidious development of this era is the ac­ values may be rediscovered in this rela- the traditional "22 and just out of under­ than the command of the sovereign — the ceptance of universal doubt leading to de­ tivistic society. There is great joy in pursu­ graduate school" mold. will of the sovereign controls. In the second pression. Nonetheless, we are called upon ing a Divine plan. Our end is always in Targeted: Any woman who is single, century A.D., the juriconsult, Ulpian, de­ to respond and to decide. Will that response sight so that we may share the joy of Tho­ married, divorced, single parent, career fended the absolute power of the Caesars in be, I can only tell you what the law is — mas More and join him in saying, "Pray for changer, student for the first time in a declaring that, "Whatever pleases the what the officials of our society have com­ me and I shall pray for you and your friends number of years, or any combination of the prince has the force of law. "The same com­ manded? What it ought to be, is a matter of that we may merrily meet in heaven." above. The focus is internal, with emphasis mand theory can be seen in Thomas predilection — of personal opinion. Will we on a one to one, or small group support Hobbes in his Leviathan and in John Aus­ say that lawyers do not deal in what ought systems. Programs are geared to meet the tin's Analytical Jurisprudence. Some of the to be because objective truth, even at the needs of this class within the larger IL twentieth century positivists would most fundamental level, is impossible to class. Administrative recommendations temper these views, but the underlying fal­ discover? Should we, for example, regard Gourmet Junk Food have already emerged and been presented. lacy remains: law can only be the law that the so-called Republic of South Africa with ONLY AT Do the two groups work well independ­ is announced by the officials of society. a so-called legal system encrusted with ently? Unequivocally . . . Yes. Some What the law ought to be is a matter of apartheid as a Republic and a legal sys­ women support both the Caucus and the opinion. Those who speak of truth- or jus­ tem? Or will we say that it is neither a Campus Corner Network. Some support one and not the tice merely state their personal opinions. Republic nor a legal system but a manifes­ other. Some women support neither. Any We are inevitably led to the view that the tation of tyranny? What of a society which PIZZA, STEAKS, alleged animosity is the creation of a few law pf any society is nothing more than a maintains gulags and diagnoses dissenters uninformed people. reaction to the individual mores of that par­ as schizophrenics so that they will be HOAGIES & DELI Could the two groups merge under one ticular culture. That is the only source of placed in mental institutions where their Speedy Take-Out And umbrella? Probably ... in a few years. Not law. What happens in another society is dissent will be silenced: And what of a right today . . . not yet. The motives, methods not to be judged by our standards since it is wing or left wing death squad which is Delivery Service and needs are too diverse. Why threaten impossible to determine standards. There tolerated if not supported by those in the momentum of the Network. Why are no objective, external standards. This power? Will we recognize these systems as view is constant in its appearance over the systems of law? Is it just a difference of Phone: 527-3606 tamper with the Caucus' successful pro­ Open 'till 1:00 a.m., Suii.-Thurs., gramming. centuries. One of the more interesting opinion? Is due process of law simply a cul­ The Women's Law Caucus. The manifestations occurred in the Edmund tural accident in this society, or is it neces­ 'till 2:00 a.m., Fri. & Sat. Burke rebuke of Hastings. Hastings argued sary in any society which claims to have a LocalMt On Edge Of Campus At Women's Network. Two distinct groups Spring Mill ft Lancaster dedicated to issues affecting female law that arbitrary power — the arbitrary will legal system? Does any system deserve the students. of the soveriegn — was the law in Asia. It name of law in which like cases are not Page 4 • POCKET • November, 1984 Mondale Campaign in Center City Philadelphia Hit By "Fritz Blitz" Regarding a CIA-sponsored manual that share the possible t echnology that the U.S. Referring again to Reagan's increased By Michael McGrath encouraged anti-Sandinista forces in Nica­ develops from a Reagan-proposed "Star military expenditures, Mondale asserted Fresh off his final debate with President ragua to employ terrorism and assasina- Wars" space defense to nuclear weapons, that, "we can spend all we want on the Reagan on foreign policy, Democratic tion, Mondale mocked Reagan's efforts to saying, "he said he wants to give our most military ... but unless the President Presidential candidate Walter F. Mondale blame it on CIA operatives in Nicaragua. advanced computers, our most important knows what he's doing, unless he's in appeared shortly after noon at a campaign "Mr. President, that's your manual. You national secrets to the Soviet Union. I charge, unless he masters the facts, unless rally at JFK Plaza in Philadelphia on Mon­ he controls and commands, that will all be day, October 22. wasted. Over 30,000 crowded the Plaza and sur­ "You'll never have arms control unless - rounding streets to welcome the candidate you have a president who has mastered and listen to his speech. Several Villanova • •• ANP iNOM what you must know. I don't doubt that the Law Students attended the rally. . President dreams of peace. But the Presi^; Before Mondale arrived, the crowd was dent must know what he's doing inTfils entertained by Peter Paul and Mary, who field. sung several classics, Stephen Stills, and "And the President does not know what B.B. King, who played two songs shortly he's doing when it comes to arms control." before Mondale spoke. Actor Tony Randall From scanning the people n the crowd, it came on the stage, and describing extended appeared that Mondale spoke about the waits for other candidates in other cam­ issues that concerned them most. Signs paigns, explained that "this candidate is portraying Reagan as a warmonger ap­ here on time." At that moment, Mondale peared in the crowd. Another sign held up was in his. limousine approaching the said. "Reagan Believes in Armegeddon. I Plaza. ^ to be read Don't." Mayor Wilson Goode gave Mr. Mondale a This rally was significant, because al­ very enthusiastic introduction. Mayor in mono-fene though Mondale will beat Reagan in Phila­ Goode has arguably been Mondale's grea­ whine delphia, he must beat him badly to carry test supporter in his campaign. mm Pennsylvania in the general election No­ After welcoming the crowd, Mondale re­ vember 6. Mondale has no chance of defeat- viewed with the audience the high mo­ bought it and paid for it," said Mondale. wouldn't give any of it to them. That's not ing Reagan if he does not win ments of his debate the night before. "It's your secret war. Those are your ter­ my idea of being strong or being smart." Pennsylvania. Mondale's criticisms of Reagan were per­ rorists. And it's your quagmire that we're . Mondale ridiculed Reagan's suggestion Shortly after delivering his speech, Mon­ haps his most vehement yet. At one point, heading for in that region. And now it's Sunday night that he might give the So­ dale traveled to Bergen County Commun­ the former Vice-President asserted that yoiu- turn to be held accountable, and you viets a "demonstration." "He wants to call ity College in Paramus, New Jersey to Reagan "doesn't know what he is doing" will, on November 6." the Soviets in for a little nuclear skeet deliver a speech indoors before a capacity about arms control. Mondale criticized Reagan for offering to shooting," Mondale scoffed. crowd of 3,000.

C.P. Judge Ordered Out Central America Forum: Foglietta Fumes

by Tom O'Keefe be proud of as regards adherence to Inter­ The Philadelphia Lawyer's Committee national Law. However the great exception on Central America held a forum discus­ is United States relations with regard to sion on Central America Thursday after­ Latin America. Those relations have been noon, October 18. Among the guest ones characterised by ignorance, exploita­ speakers scheduled to speak was Common tion, repression, and paternalistic para­ Pleas Court Judge Lisa Richette. Judge noia." Richette had planned to speak about her Foglietta said that "since the mid-19th recent experiences during a trip she made century. United States troops have inter­ to Nicaragua last August. However, she vened in 60 countries in Central America, was ordered not to speak at the forum by the Carribean, and Mexico alone. "Almost the Judicial Inquiry and Review Board. always it has been to put into power "dicta­ In what was seen by some as a purely tors and despots who toe the U.S. line." political move. Judge Richette was accused Foglietta continued on to say that while in of planning to speak at a forum that in­ the past the United States used troops to volved "controversial political issues." Ac­ intervene, today it uses the CIA for its co­ cording to Judge Richette the purpose of her vert intervention in Latin American af­ talk was only to report on her own impres­ fairs. sions and observations of Nicaragua as a With regard specifically to Nicaragua, result of her trip there in August. She had Foglietta charged that the CIA activities not planned to discuss any issues of policy. there have "no other purpose then to over­ Judge Richette had visited Nicaragua to at­ throw Thomas Borge and the Sandinista tend a conference on International Law in government." Foglietta admitted that Debtor-Creditor Relations: Mister Cohen's Neighborhood. Managua. there are problems in Nicaragua today with The Judicial Inquiry and Review Board is press censorship and food shortages. Yet established by the Pennsylvania Constitu­ despite these problems he also pointed out tion to conduct inquiries into allegations of that Nicaraguans today have more press misconduct by state judicial officers and to freedom then they did under the U.S. in­ Serving the Main Line for over 50 yrs. report their recommendations to the Su­ stalled Somoza dictatorship. Furthermore, preme Court. Nicaraguans don't fear being dragged away Immediately upon learning that Judge in the middle of the night for expressing for ail occasions... Richette had been denied permission to their political views as in El Salvador. Fo­ speak at their forum, the Lawyer's Com­ glietta felt that despite their political differ­ -weddings mittee on Central America and the Ameri­ ences, all Nicaraguans were united in their can Civil Liberties Union filed a motion for opposition to United States intervention in -parties extraordinary relief in the Pennsylvania the region. Supreme Court. The motion asked the While Foglietta acknowledged that Nica­ -funerals Court to enjoin the Board from ordering ragua was moving closer to the Soviet bloc, Judge Richette not to speak at the forum. he also said the Sandinistas had no choice -Kospitals The Committee charged that Judge but to turn to Cuba and the Soviet Union Richette was being denied her first amend­ for help against United States interven­ -corsages ment rights to free expression. tion. Ironically, Foglietta pointed out that At a hearing that took place in Chief Jus­ Nicaragua's largest trading partner re­ tice's Nix's Chambers late Wednesday af­ mains the United States. ternoon the 17th, the Supreme Court F^lietta accused the Reagan Adminis- j denied the requested motion for an injunc­ tration of having no respect for Interna- • tion. The court held that the plaintiffs had tional Law. He cited the Grenada invasion no standing. As a result, Judge Richette and the U.S. mining of Nicaragua's har­ decided not to speak at the forum. She bours as examples. He said that despite the "Just everything in fiowers" promised, however, that she would ex­ War Powers Act, the President can still use haust all legal remedies available, and felt military force for up to 60 days before confident she would be able to speak of her Congress can do anything to control the use experiences in Nicaragua in the near fu­ of combat troops without a formal declara­ ture. tion of war. Foglietta called for a toughen­ (AjaniS Among those who were able to speak at ing up of the language in the War Powers the forum was Congressman Thomas M. Act to prevent a United States President Foglietta. Congressman Foglietta was a from committing U.S. troops anywhere in member of the party that brought an action the world without Congressional approval. against President Reagan for violation of Foglietta said that "the Reagan White the War Powers Act in El Salvador in House sees the Red Menace behind every COME "*95 E. Lancaster Avenue Crockett v. Reagan. rock." He concluded his remarks by saying Foglietta began his remarks by noting "The tragedy of the Rea^n Administra­ SEE Wayne, Pa. that "Laws as contracts are made to be tion is that it can't distinguish between obeyed and that includes International Communism and Latin America's at­ Law. Overall the United States, with the tempts to get out from under the United US' MU 8-5150 exception of Iran in J953, has a record jt cap States's thumb. November, 1984 • DOCKET • Page 5 Pushin' And Poulin In The Right Direction

by Charles B. Howland Her years at Radcliffe marked the gene­ The Mad Woman of Crim. One of Villan- sis of the student protests against the Viet­ ova Law School's most recently tenured nam war on campuses across the country. professors. A professor whose forthright- She considers herself to have been a "mod­ ness is genuine. These are only a few of the erate" activist who participated in some of sobriquets which have become attached to the student strikes for peace. Also during Professor Anne Poulin.Just who is this per­ this period, Radcliffe was continuing its son whose relentless questioning in first consolidation with its larger sister-school. year, taught some of us lucky legal neo­ Harvard. Professor Poulin regrets the loss phytes that smaller, 'personal' classes are of Radcliffe's identity into Harvard, and not necessarily less grueling? Professor believes that there are strong advantages Poulin is an accomplished scholar, litiga­ to a small college with a distinct 'personal­ tor, teacher, and mother of three. ity.' She graduated from Radcliffe in 1%9. The baby Poulin grew up on Cape Cod, and retains a fondness for the fresh air and open space of New England Coastal areas. She took her initial legal education at the When she moved east from Chicago to Vil- University of Maine, graduating in 1973. lanova in 1981, she commented that Phila­ She then taught legal writing for a year at delphia seemed "a little too south" for her Wayne State University Law School in De­ tastes. troit, Michigan. Finding that her academic experiences at these threedifferent schools Professor Poulin spent her under­ were insufficient, she spent a year at the graduate years at Radcliffe College, in Bos­ University of Michigan, receiving an ton, majoring in math. Although she L.L.M. in 1975, and found herself looking initially intended to pursue a career in the for employment that would give her some research of mathematical issues in some of "quick courtroom experience." the physical sciences, she developed an in­ Professor Anne Poulin arrived in 1981 and was granted tenure-in 1J984. terest in social sciences which helped turn She found the litigation experience by ing to believe that someone convicted of a her in the direction of law. She finds, how­ taking a job with the United States Attor­ ever, that her mathematical training has white collar crime had suffered enough ney's Office in Chicago, but it was not from his or her loss of social status. evidence she is co-writing with Professor left her well prepared for her legal career. "quick." She spent over four years in the Legal scholarship and teaching, like mathe­ Packel, due out in January, 1986. A com­ office handling "all types" of criminal Whatever her reservations about her ment which she authored while at the Uni­ matical research, afford one the "freedom prosecutions, including grand jury, trial, prosecuting activities in Chicago, Profes­ to think about issues in the abstract" with versity of Michigan, Illegitimacy and and appellate work. She seems to have sor Poulin did enjoy the tenor of city life, Family Privacy: A Note on Maternal an intellectual clarity not always possible mixed feelings about her tenure at the of­ particularly some of Chicago's restaurants in other areas. Cooperation in Paternity Suits, 70 Nw. fice. On the one hand she enjoyed the and cultural attractions. In 1975 she left U.L.Rev. 910 (1976), was recently cited by breadth of issues which she faced, and the the U.S. Attorney's office for a teaching Justice Stevens, in Lehr v. Robinson, 103 feeling that she was on the front line of law position at the Illinois Institute of Technol­ S.Ct. 2985 (1983), for the proposition that enforcement. One of her biggest cases in­ ogy, Chicago-Kent College of Law, where legal rights in the domestic area should not volved an investigation of how coveted she taught torts and constitutional law. necessarily be determined by biological mooring spaces in the Chicago harbor were But the east coast continued to beckon, and lines. being sold to the highest bidder. During her in 1981 she took a position at Villanova Law Professor Poulin has mixed feelings prosecution of the case, the Director of the School. While here she has taught criminal about the life of a Main Line law professor. Chicago Park district was indicted and con­ process, criminal procedure, trial practice, She finds the homogeneity of the suburbs victed on several anti-corruption statutes. evidence, and has helped coordinate the "a little, wearing," but finds that the On the other hand. Professor Poulin noted, Juvenile Justice Clinic with Professor availability of good public schools helps she ultimately found that the work was not Packel. make it a worthwhile tradeoff. ThePoulins fully satisfying. Primarily, she prosecuted have three daughters aged 6 years, 5 years, white collar crimes such as fraud, corrup­ Earlier this summer Professor Poulin and four months. tion, and upper level narcotic violations, learned that she had been granted tenure, Asked to compare her sense of the law whose punishment is often measured in along with Professor Perritt. Generally, school experience now with her time as a .one is not considered at Villanova for te­ law student. Professor Poulin finds that nure until after his or her fourth year, but months rather than years. The prison time today's law student has a much different both Professor Poulin and Professor Perritt orientation from a law student of her day. of white collar criminals, usually spent at a pursued an option by which they were con­ "It bothers me that most students are here minimum security institution such as sidered a year early. In addition to her Eglin Air Force Base or Allenwood, often to make a lot of money, rather than to ad­ teaching load. Professor Poulin's scholarly vance other, less personal goals." She be­ did not fit the crime. Furthermore, she pursuits include analysis of various as­ lieves the difference is generational, and found that judges were sometimes too will­ pects of constitutional law and a book on that eventually there will be a swing back. She concluded that she "could not think of a better place to teach than at Villanova." Joe Zahm SHOOTING IN SOBRIETYVILLE Th iral town of Sobrietyville had seen the men staggered into Harlan's gun shop. better .imes. The coal mines had been It was about two a.m. by the time the closed down, and unemployment had men reached the stationhouse where the reached a staggering thirty percent. It is jail was located. Wearing welder's masks to therefore not surprising that town morale disguise themselves, they sneaked into the was at an all-time low, especially in the face stationhouse past the snoozing deputy. of increasing national prosperity. Harlan lifted the keys off the nail in the To escape from their misfortune, the wall and led the men down the stairs to the • town members sought refuge in the bottle. cells. They proceeded to Harry's cell, woke As a cultural wasteland, Sobrietyville had him, hurried him out the door and up the always been notorious for its drinking hab­ stairs. Harry, still half asleep, stumbled on its; people had to find some way to pass the the top step, and fell into Harlan, who was time. But now that the blue collar work­ state legislature to pass new drunk driving show up. He did not feel that he should be too drunk to catch his- brother. Both men week was almost nonexistent, the drinking laws. The state legislature soon complied, held responsible for Will's actions. Conse­ landed with a thud. The deputy awoke had reached epic proportions. and in addition, passed a new law holding quently, Harry was charged with con­ startled, and drew his pistol. The men fled, The major benefactor of all this bad for­ tavern owners accountable for accidents tempt. His tavern was padlocked, and so dragging a bewildered Harry along. The tune was Harry Hiccup, the proprietor of involving intoxicated patrons. was he, behind bars at the town jail. deputy pursued, but since he had recog­ the town's only saloon. Since Harry's tav­ These developments came as quite a These occurrences infuriated Harry's nized Harlan and Harry in the light of the ern was the town meeting place, it had shock to Harry. But, being such a "con­ regulars, who had grown close to Harry, doorway, he did not want to shoot at them. always done a good business. But now, cerned citizen," he soon took appropriate shooting the breeze and playing the After all, he had bought a few guns at with so many having countless hours to measures to alleviate the problem. He numbers for days on end at the tavern. Led Harlan's shop, and tilted MORE than a few pass, his registers never stopped ringing. began to keep a close eye on his customers; by Harry's brother, Harlan Hiccup, owner beers at Harry's tavern. But, as luck would Oh, and yes — Harry did cash unemploy­ he poured lighter drinks; he hired addi­ of the town gun shop, the men conspired to have it, the deputy tripped over a rock and ment checks. tional doormen to check departing patrons. free Harry. his gun went off, hitting Harry in the leg. Harry was naturally somewhat of a local He even went so far as to give seemingly It is important to note here that ever By reflex, Harlan and the men opened fire celebrity. He knew how hard the times drunk patrons sobriety tests on their way since Harlan and his friends no longer had on the deputy. An exchange of gunfire were and was therefore very generous with out. If they failed, Harry would have one of Harry's place to pass the time, their behav­ ensued. his precious reserve of alcohol. He knew he his doormen drive them home. ior had b^ome a little erratic. For instance, By the time the smoke had cleared, the was feeding a town full of alcoholics. "But This new arrangement was doing fine Harlan took to shooting his pistols at empty deputy and two of Harlan's cronies were what the hell?" Harry rationalized. "I can't until one Thursday, when Will Belch, one Jack Daniels bottles in the back of his store dead, Harlan was critically wounded, and be held responsible for their actions. Better of the numerous town drunks, slipped out during off hours. Another one of the men Harry suffered multiple flesh wounds. they put their money into my register than the fire exit and decided to take out his simply wandered aimlessly around Main After a brief stay in the hospital, Harry drink at home. . ." aggressions in Harry's parking lot. In the Street^night after night. returned to prison, and his tavern re­ The money continued to roll in for Harry. process, he ran down seven people, killing Abom three weeks after Harry was put mained padlocked. And Harlan's gun shop? Then, one evening, a young boy was struck four, including himself, and injuring three. in jail, Harlan and his cronies made a dar- Well, the local legislators decided that the and killed by an intoxicated patron who Now, since Will was the lowlife town - ing move. They broke into Harry's tavern, town's hunters and gun enthusiasts was pulling out of Harry's lot. Three days drunk, the injured parties looked to Harry grabbed a couple of bottles of Jack, and pro­ should not be deprived of the enjoyment of later, a similar accident occurred, this time for satisfaction — they sued him for every ceeded to drink themselves into oblivion. their hobby. The gun shop remained open, involving an elderly woman. dime he was worth. Harry, being a reason­ After about a dozen shots each, Harlan with Harlan's son in charge until Harlan The town was soon in aii uproar over able, compassionate man, offered to com­ came up with a gem of an idea. "L-let's. . . recovered from his gunshot wounds. You these tragedies, and at the weekly town pensate the injured parties with damages g-go over to my sh-shop-g-grab a few g- see, Harlan got off on a diminished capacity , meeting everyone decided that something amounting to two thousand dollars apiece. guns, and go grab H-Harry and b-bring him defense and will be free to come back to his had to be done. The town now had a cause The parties balked at Harry's offer and de­ b-backhere. . .s-servingus."Harlan'sstu- gun shop and shoot as many Jack Daniels to rally behind. They-put pressure, on the. , cided to.take him tocourt- Harry refused to pored friends were quick to agree, and off bottles as his heart desires. Page 6 • DOCKET » November, 1984 Duarte And The Rebuilding Of El Salvador

by Tom O'Keefe killed in incidents unrelated to combat and ' To his right wing enemies, JoseNapoleon whose deaths are attributable to right wing, Duarte is a demagogic egomaniac. To the death squads or to the military itself. Leftist guerillas fighting in the hills of El In 1982, during the middle of a raging Salvador, he is a lackey of the United States civil war, the United States pressured the and the oligarchy. To his supporters, military rulers of El Salvador into calling Duarte is a believer in democracy and a elections for a Constituent Assembly. The champion of human rights. Regardless of Reagan administration was coming under what his countrymen consider him, Mr. increasing attack at home for its support of Duarte is the first popularly-elected presi­ the right wing military government and dent El Salvador has had in over 50 years. the right-wing death squads.Jose Napoleon With about three and a half million in­ Duarte and his Christian Democratic Party habitants contained in an area about the won a plurality of the votes in the 1982 size of Rhode Island, El Salvador is Central elections. However, the title of President of America's most densely populated country. ' the Assembly went to Roberto D'Aubisson El Salvador has been rul^ by a series of as a result of a coalition of rightist parties military dictators since the 1930's when a in the Assembly. Mr. D'Aubisson has been peasant uprising in the northwestern linked to the 1080 murder of Archbishop provinces was savagely quashed. Some Romero. 30,000 peasants were massacred in one With the Civil War still in progress, a week for demanding improved living condi­ two-round election for President of El Sal­ tions. Propping up the dictators from be­ vador was held in the Spring of 1984. The hind the scenes were 14 families who elections were boycotted by the Left. The Central American troops drill in preparation for battle. controlled most of the agricultural land in Left feared a recurrence of the planned rests. Another rule forbids arrests by plain­ War" he said in recent New York Times the country. 1980 elections, when most of its leaders clothes police officers. interview "is the result of the problems of In 1979 a group of reform minded young were gunned down after being lured into the country, the problems of misery, hun­ officers overthrew the military dictator­ the open to campaign for elections which In addition to the new rules, Mr. Duarte ger, injustice, and lack of liberty that pro­ ship of General Carlos Humberto Romero. never took place. Mr. Duarte won the May has plans to send legislation to the Constit­ duced the radicahsation." First, he said, he They set up a provisional government with 6th, 1984 run off with 54 percent of the uent Assembly to set up a National Com­ had to put his own house in order. Then we Jose Napoleon Duarte at its head. One of the vote. mission to investigate human rights would be ready for talks. first things that Duarte did was to sub­ At age 58, Mr. Duarte has been handed abuses. However, such legislation appears divide the largest estates in the country the unenviable task of bringing democracy threatened by the right wing coalition Duarte's refusal to negotiate with the and distribute them to the landless pea­ and order to a country that often appears headed by Roberto D'Aubisson that pres­ Left was also said to be the result of heavy sants. The banks were also nationalized one step away from anarchy. The Salvado­ ently controls a majority in the Assembly. pressure from the Reagan administratio \ during this period. It wasn't long before the ran economy is stagnant with nearly two- Since his election, Duarte has been suc­ According to Robert E. White, U.S. A 14 families and their business allies struck thirds of the country's work force either cessful in appointing only one special com­ bassador to El Salvador under the Carter back. Using their connections in the mili­ without jobs or underemployed. In addi­ mission to investigate human rights Administration, the Reagan policy in El tary, they carried out a Reign of Terror tion, Leftist guerillas are in control of three violations. That commission will investi­ Salvador is to single mindedly pursue a designed to scare the population into sub­ western provinces. gate the murder of Archbishop Romero in military victory over the Left. Accordingly, mission. Thousands of reform minded poli­ After nearly five months in office it is 1980. Duare has himself promised to testify if has thwarted any attempts by Duarte to ticians, peasants, labor leaders and almost a miracle that Duarte still finds at this hearing. religious were draped from their homes, himself President of El Salvador. That mir­ reach a peace program through negotia­ often in broad daylight. The next day their acle is attributable in part to the Right's Although the killings by the death tions and compromise. mutilated bodies would be found along realization that aid from the United States squads have diminished markedly this past some stretch of lonely road,.the victim's will not be forthcoming if there is a return summer, the Catholic Church's Human Duarte's surprise announcement that thumbs tied behind his or her back. Among to military rule. It is also partly a result of Rights Office reports two massacres by the he would meet with the leaders of the the rightist death squad victims were four Duarte's cautious stance in moving for­ army in the provinces. In late August re­ Leftist guerillas on October 15 appears to American churchwomen and the Arch­ ward with sorely needed reforms so as not ports filtered through from Chalantenango be an attempt to pursue peaceful negotia­ bishop of San Salvador, Oscar Arnulfo to alienate and inflame th right or the mil­ province, 36 miles north of San Salvador, tions while the Reagan White House is Romero, gunned down while celebrating itary. that 34 civilians were killed in an army most vulnerable at home. With less than Mass. One of Duarte's election promises was operation by the U.S. Trained Atacle Bat­ three weeks until the U.S. Presidential As a direct result of the Reign of Terror, to curb the flagrant human rights viola­ talion sixty eight civilians were also report­ elections, Duarte has taken a gamble by much of El Salvador's Leftist leadership tions by the military and government po­ ed killed by that same battalion near Los instituting a dialogue for peace to end his and even some moderate Christian Demo­ lice forces. Since his election, Duarte has Lanitos, 25 miles northeast of San Salvador country's civil war. His gamble comes at a crats took to the hills to fight what by 1980 moved to disband the 100-man intelligence in late July. time when the Reagan administration is had become a right wing junta. This un­ unit of the Treasury Police who have long powerless to condemn him for this bold leashed the civil war in El Salvador that been blamed for many arbitrary civilian One area where there had been, until move. Condemning Duarte for his peace continues until today. Salvadoran human killings. He has plac^ men of his own October 15, a noticeable lack of activity by initiative would make Reagan out to be a rights groups estimate that 47,000 people choosing at the head of the National Police Duarte was in seeking a peceful end to El war-monger. Whether Duarte's gamble have died since the Civil War began nearly Force and established new rules. Among Salvador's civil war. Duarte had refused to will pay off will be determined by how far five years ago. The Legal Aid Office of the these is a rule that requires the National directly negotiate with the Left. Duarte he can get in the negotiations before the Archdiocese of San Salvador has said that Police to supply the Catholic Church's had defended this policy by saying that U.S. Presidential election, and who the the majority of these deaths are civilians Legal Aid Office with lists of political ar­ political negotiations had to wait. 'The victor of that election is. % Israel's Struggle For Unity

by Dan Weisman to join together. Labor and Likud formed a While America goes through its quadren­ government in which each one has an equal nial madness known as the Presidential number of cabinet seats. In essence, this campaign, it's a pleasure to look at how means each side has a veto over major other nations solve their problems. Israel is government decisions. Opposition is split particularly interesting with its new Na:"" among various factions, ranging from Meir tional Unity government. Basically, the Kahane's neo-fascist Kach party (1 seat) to two biggest parties got together and di­ the Hadash communists (3 seats). It can be vided up power so that Labor's Shimon assumed that the opposition will not be too Peres is Prime Minister for 25 months fol­ significant. If the government's various lowed by Likud's Yitzhak Shamir for factions can stick together, it could do any­ another 25 months. Two two will also alter­ thing. nate the Foreign Minister portfolio during the time each is not serving in the top.spot. This is good, for Israel has problems If all goes according to plan, new national which miist be addressed now. First, they elections will be held after the fiftieth have to get out of Lebanon. Until the Leba­ month. nese say no to the violence, no one else can In the American context, this would be do it. Second, the economy's a mess with the equivalent of a Mondale-Reagan 400% inflation caused by military neces­ administration followed by a Reagan- sity, profligate government spending, and Mondale one. Of course, Israel's govern­ most importantly, indexing everything to mental structure is different from ours so the inflation rate which makes matters Enroll in the Pennsylvania that such a government is slightly less ab­ worse. The Reaganists who wish to insti­ surd there than here. Israel has ^ tute indexing here should take heed. It has course parliamentary form of government with been a disaster everywhere it has been primary power resting in a 120 member tried. Finally, Israel has to change its pro­ Knesset. Instead of electing members from portional electoral system to discourage all districts, Israelis vote nationside for party the splinter parties which hold too much lists. Seats are divided proportionately power. Although none of these problems among all parties gaining more than 1% of will be. easy to solve, they are not insur­ the vote. As could be expected, this leads to mountable for a determined government. a lot of splinter parties which usually con­ Note: As a first step towards fixing its trol the balance of power. economy, Israel has recently ordered a 5% The present goernment resulted from in- across the board cut in all government rmiECPDQOCDW conslusive elections in July which gave spending, including the military. Why JOWMMOM MRiiKvww enrm or AMMc* Labor 44 seats and Likud 41. A slew of can't the US do that? Our military prob­ other parties split up the remaining seats, lems are undoubtedly far less serious than so neither big party was able to form a Israel's unless we assume the Canadian J working coalition and govern alone. Forced hordes are preparing to invade. November, 1984 « DOCKET « Page 7 Perritt Pushes For Teaching Alternatives by Jackie Shulman a number of problems to be worked out. You wander down the hall past his office. Unfortunately, a law school, unlike a medi-. His door is open and you pfcek inside. He is cal school, does not have a centralized work not meeting with a student at the moment. facility like a hospital where we can place Instead, he is poised thoughtfully in front our students easily. However, on a much of his computer, shoulders slightly smaller scale, we can accomplish this goal hunched, ready to punch out the next sent­ within the seminar setting. That is exactly ence of the newest chapter of a soon-to-be what I am doing with the students in my published book or journal article. You no­ Dispute Resolution Seminar. Each student tice that the top of the desk has literally must have some kind of volunteer or paid disappeared under mounds of papers and legal employment. Each of their seminar electronic hook-ups to the computer. Every­ papers will relate to this current work ex­ thing looks highly disorganized. It is not. perience. Even to this interviewer, it was imme­ DOCKET: How do you view your role of diately obvious that the disarray is as law professor outside of the classroom? neatly organized as ttie daily lesson for a class in Administrative Law or Dispute Re­ H.P. I feel very strongly that a qualified solution. legal educational experience requires that He is Henry (Hank) Perritt. Prior to com­ the faculty be active in the profession. I ing to Villanova Law School, he served as became convinced of this when I was an Executive Secretary of the Cost of Living undergraduate at MIT. MIT has a strong Council under President Nixon, Deputy tradition of research and teaching. The Undersecretary of Labor under President same is also true of the legal profession. A Ford, and General Counsel of Labor and law professor who is active as a lawyer is Environmental Affairs for Conrail. Since required, in a vigorous way, to grapple with his arrival at Villanova in 1981, Hank Per­ issues at the cutting edge of the law. This ritt has earned the reputation of a professor intellectual knowledge, as well as disci­ who does his homework and expects stu­ 2-4-6-8, Articulate, Articulate! pline, can have a tremendous impact in the dents to do theirs. In the classroom, he is argument. Unfortunately, it gets a bad rap proach. We even made a video recording classroom. known for his adroit use of the socratic because a lot of people got the notion that which I am told is still in use today. method and intricate hypotheticals. Gener­ using it meant being abusive and rude to DOCKET: Did you enjoy this same sue- DOCKET: Professor Perritt, in what ally, these two teaching vehicles are notor­ students. However, the Socratic method is cess with your first class at Villanova? areas are you active professionally? ious for making students so uncomfortable unrelated to how the person using it treats H.P. No. While I had a fair amount of H.P.I am particularly excited about two that they opt not to answer to their name the students. confidence in what I wanted to do, I did different areas of the law; wrongful dismis­ rather than chance the abuse that may fol­ DOCKET: You have gained the reputa­ have some difficulty in the first year. In sal of employees and alternative methods of low if they do. tion at VLS for your use of the "abuse- fact, I became pretty discouraged over some dispute resolution. Yet, the comfort level in a Hank Perritt free"version of the Socratic method. How initial negative feedback. I had not yet class is, for the most part, extraordinarily did you develop this approach? learned that there are always a handful of DOCKET: Taking each of those inter­ students who are unhappy with what is ests separately, just what is the appeal of high. His technique is not an accident. He H.P. It really developed as a result of my wrongful dismissal? has drawn heavily on his experience to de­ own experiences as a student and practic­ going on. DOCKET: How, if at all, have you modi­ H.P. In terms of the volume of cases, velop an educational philosophy that he ing attorney. As an undergraduate and employee dismissal is the fastest growing feels is tailored to meet the challenges of graduate student at Massachusetts Insti­ fied this initial approach? training lawyers. During a respite from his tute of Technology (MIT), I was exposed to H.P. I now find that I can give a road area of labor law. It is strictly based on common law, so there are literally computer and over a quick lunch, he talked the traditional lecture method. Generally, I map at the beginning and end of each class, , without compromising the socratic me­ hundreds of state court cases that need to about this philosophy and his view of the found that experience satisfactory. How­ be related to some sort of coherent doctrine. professional and educational challenges ever, later as a student at Georgetown Law thod. The feedback is now generally posi­ tive and any criticism clearly constructive. That is exactly what I attempted to do in facing today's legal educator. School, I was exposed to the Socratic me­ my newest book. Employee Dismissal thod and I found that to be infinitely better I don't think I am particularly innovative or unusually good at it. I just keep trying to Law and Practice, published this past DOCKET: Professor Perritt, what do than anything else I had ever experienced spring by John Wiley and Sons. Any stu­ you see as the biggest challenge for today's before. When I took my first legal job as a get better at it. DOCKET: Are you suggesting that this dent familiar with this year's moot court legal educators? labor attorney for Conrail, I decided I could problem is well aware that there are al­ H.P. Generally, I think the faculty needs use the Socratic method to upgrade the is the only way to teach a law school class? H.P. Absolutely not. 1 certainly do not ready too many forums where employment to do a better job of making law students Law Department's esprit de corps by show­ disputes can be presented. realize that they have the ability to change ing that the corporate law department was want to appear intolerant of other styles of teaching. This is simply what worked best DOCKET: You also mentioned that you things once they are in practice. We should a stimulating place for good lawyers to are excited about alternative methods of tell students that their aspirations for the work. So, we began using the socratic me­ for me as a student and what I feel now is the best way, for me in the classroom to resolving disputes — outside of the tradi­ legal system should be high — not limited. thod to figure out a case and to brainstorm. tional courtroom setting. How are you The Conrail experience, combined with my educate law students. We should show the students how individ­ professionally involved in this area? ual lawyers of modest means and stations law school experience led me to believe that DOCKET: Are there any other tech­ in life changed the law. We have to help the Socratic method was the way to go if I niques that you feel are particularly adap­ H.P. Aside from the two courses I am students get away from the helpless feeling ever taught. table to the law school setting and yet are teaching this year, I am writing the intro­ that they are simply a cog in a big system.^ DOCKET: Beyond these experiences, not routinely utilized? ductory article for the next issue of the Law DOCKET: Many students feel that they did you prepare in any specific way once H.P. Right now, law schools have too Review. Six months ago, I helped the Law can learn their lawyering skills without the you realized that you would be teaching at narrow a conception of clinical training. Review sponsor the Alternative Dispute Socratic method. Given that controversy, Villanova? We need a broader approach. I feel we ought Resolution Symposium. A symposium is why do you view the Socratic method as the H.P. After I accepted the position at Vil­ to be looking at the medical education the ideal vehicle for the academic attorney best way to train students to make that lanova, I went back to Georgetown and model to see if there are some parts we can to utilize to help the Bar and policymakers difference once they leave law school? sought out a former professor who had imitate. For instance, most of our students to make sense of an issue, such as this one, H.P. In my opinion, the Socratic method been particularly good. I asked him to tell work. Therefore, similar to a medical where there are hundreds of different ap­ requires students to think more than if me his strategy — which he did. I also internship, we should seek ways to inte­ proaches nationwide. they are simply "told" principles. Mo­ brainstormed with some friends who grate that work experience with the school DOCKET: Professor Perritt, one final reover, the Socratic method is what all good taught at Harvard Business School and the experience. question; Do you see your move to the aca­ lawyers engage in every time they decide Kennedy School of Government. They in­ DOCKET: That seems like such a prac­ demic side of the law as a permanent one or which legal principle will be most effective vited me to teach a class at the Kennedy tical suggestion. In your opinion, why isn't do you yet have other goals to achieve? in a particular fact situation. Good judges School and I used that opportunity to it already being widely used? H.P. Let's just say that I see myself stay­ use it when they question counsel in legal experiment with the pure socratic ap­ H.P. Well, I recognize that there are still ing in teaching for the foreseeable future. That's Entertainment K.T. Goes To The Movies by Kate Tana Greetings fellow sufferers and welcome friends. The advance publicity photos have sion to find out what hapj)ened to Keir Dul- anyone is offering, the Docket entertain­ once again to the school on the Rue Morgue. Paul looking like a cross between David lea in 2001. The special effects promise to ment staff (that's Perry Simon and the one' (Being Halloween-time, I thought a Vincent Bowie at the worst excesses of his Ziggy be even more extraordinary than 2001 — and only T. Acky) are accepting — we're Price touch would be appropriate.) days, and a Billy Idol nightmare. of course, those effects seem somewhat not proud — remember, we don't get paid It's getting closer and closer to that time Comfort and Joy — I'm probably preju­ tame to the children of the Star Wars gen­ for this. Abdul, who has connections of year in which we seem to live exclusively diced in advance, but I thought director Bill eration, but 2001 was an innovator and everywhere (it's rumored that Abdul is on No-Doz and Big One's from Dunkin Do- Forsyth's last effort, "Local Hero," was probably more responsible for Darth Vader the only living person who knows which nuts. However, the movie industry, in its fantastic. As a result, I have high hopes for and Co. than we know. bridge abuttment Jimmy Hoffa forms an callous disregard of the law student's life, this picture. The setting is again Scotland, Beverly Hills Cop — The latest Eddie integral part of,) has been offering tickets has chosen November and December as 'though this time it's a comedy about a disc Murphy movie. Murphy stars as a Detroit , to the rest of the Docket staff. Decency their major release season yet again. Here's jockey. cop who investigates the murder of a friend prohibits me from going much further with a sampling of what we can't look forward Supergirl — Guess what? Remember from California. It takes no great leap in the this story; suffice it to say that some things to: when the planet Krypton blew up? Well, it deductive reasoning processes to figure out only exist in the twisted, deviant, yet finan­ Body Double — Brian DePalma's la­ seems that Superman's sister managed to that the friend is probably from Beverly cially sound minds of Irish-Muslim sports test version of "Dressed To Kill" — ad­ get away too. Personally, I'm hoping she Hills. writers and recently deceased cartoonists. vance word has it as an off-the-rack version turns out to be Jimmy Olsen in drag. Su­ Dune — This $42 million-dollar movie is Other Matters — In the something-to- of a designer original. (If you're thinking pergirl was made instead of Superman already being touted as the hit of the sea­ look-forward-to catgory; for all you horror that it must have taken me hours to think IV when Christopher Reeve (a) refused to son. It has all the right ingredients; special fans — it has just b^n announced that of that one, you're right.) put the tights on again, or, (b) negotiated effects that are rumored to be legendary, an Stephen King's new book. Talisman, Give My Regards To Broad Street — himself off the Daily Planet staff; depend­ all-star cast, and a director with a proven which was written in collaboration with Paul McCartney's first starring role in a ing upon which version is the current one. record — David Lynch, who did The Ele­ Peter Straub, (author of Ghost Story), has feature film since "Let It Be". . . and we all 2010 — This is probably one of the most phant- Man. This will be Sting's (of The been sold to director Steven Spielberg. This know what that did for his career. This is closely guarded and eagerly anticipated Police) first American, feature film role. is a long-awaited collaboration that prom­ supposed to be a semi-autobiographical movies of the season. Roy Scheider stars, Meanwhile Back At The Ranch . . . ises one of the best scares we've had in the flick, and there have been rumors as to and all that's known about the plot is that Locally, it seems like everyone in Phila­ movies (except on the ticket lines) since cameo appearances by some of Paul's old three astronauts are sent on a rescue mis­ delphia is looking for tickets to Cats ...if Poltergeist. Page 8 • DOCKET • November, 1984 First Year Students: Up Close And Personal by Scott Fegley Judy also made recommendations to hospi­ tive of her in her endeavors.Judy still finds At times, law school seems cold, imper- tal management on how to reduce the risk time to run three times a week to work out . sonal, and objective. The Admissions Of­ and minimize the potential losses from the frustrations of a first year law student. fice brought 220 students together, then malpractice suits. She also collects prints and listens to classi­ divided the class in half. One half never cal music. sees the other, and each half sees itself all After working closely with malpractice attorneys for several years, Judy decided too often. The daily routine of classes by Judy has a very real interest in the law. day and briefing classes by night goes on she would like to be one herself. Now, after nearly twenty years in the working world. Her law school experience has so far been seemingly without interruption until the enjoyable and challenging. She views law professor calls your name in class snatch­ Judy Flores is back in the classroom. It was entirely her own initiative. She left her po­ as a diverse field with many avenues of ing you from the safety and security of opportunity waiting for law students to ex­ anonymity. Yet, both elections consist of sition with the risk management firm to devote full time to the study of law. She plore. She only wishes she had discovered approximately one hundred individuals law ten years ago. from various colleges and careers. Each one may return to her old firm as a malpractice has his or her own reason for being here attorney one day, but she wants to keep Gene Taggart is back in the classroom and his or her own idea as to what lies her options open. She would like to defend after several years working as a reporter ahead after law school. The ideas are as dif­ hospitals in malpractice suits. She feels for the News of Delatvare County. He has ferent as the people themselves. hospitals are unnecessarily burdened by always been interested in the law and has numerous nuisance suits. just now got around to learning more about Each person brings his or her own per­ it. "Lawyers run just about everything in sonal experience to Villanova Law School. Judy finds it very refreshing to be back in the country," he claims, "from corpora­ You may be sitting next to a housewife who school. She finds the subtleties of the laW) tions, to government, to the economy. wishes to pursue a stimulating career of fascinating. Although Contracts presents About the only thing they don't run is the her own after seeing the last of her children her with the most difficulties, she feels it is Press and they're fast on their way to run­ off to college. In another class, you may be one of the more interesting courses. It gives ning that, too." Gene is fascinated with the sitting next to a student fresh from under­ her an intellectual challenge. She finds it analytical style in which lawyers are graduate school with dreams and ambi­ interesting to see how the judge makes and trained to think. "They can be saying one tions and a yearning to leave the books molds the law to fit the facts of each case. thing to you and be thinking something behind to find out what it is really all about. She admits a certain uneasiness and sense entirely different. They are always a few In yet another class, you may be sitting of anxiety in her new setting. She came steps ahead of you." In that way, he says, Gene Taggart IL from a situation in which people came to next to someone like Judy Flores who gave being a lawyer is similar to being a repor­ Law School has not had a drastic effect her for answers. Now she is back to being up an established career, one in which she ter. "No one trusts you." on Gene's daily living. "I read now on wee­ as uninformed as everyone else. was known and respected, to pursue loftier kends goals. instead of watching TV," he says. Gene thoroughly enjoys law school. "It's What does he do in his free time? "I juggle Judy's path to Villanova has had many fun!" he says. Villanova is not at all what and think bad thoughts about Bill Giles." twists and turns. She started out in nurs­ he expected. He had imagined the typical While he is committed to doing his best in ing school, then specialized in anesthesi­ "paper chase" complete with Professor law school, he does not care whether he ology. Her career in anesthesiology took her Kingsfield. He was fully prepared to hate comes out on top or somewhere in the mid­ to Boston and Reading, Pa. While working law school. He thought it would be boring, dle. He has a hard time understanding as a nurse, Judy became interesed in hospi­ "like being tied in a chair and forced to some third year students. "They go into tal administration. She went to the Univer­ listen to Rita Coolidge sing!" Instead, Vil­ their interviews with a blindfold and a ci­ sity of Ottowa, Kansas to receive her lanova is filled with lots of great people. garette!" he says. "They should have more degree. In college, however, Judy disco­ "The administration is nice; the librarians confidence in their ability. They wouldn't vered the field of Risk Management, an off­ are helpful; the professors have a sense of be walking into that interview if they shoot of hospital administration. With her humor; and the students are wonderful." didn't have something going for them." experience in the health care profession, she was able to get a job upon graduation Gene finds the classroom experience in­ Gene enjoyed the life of a reporter and with Affiliated Risk Control Adminis­ teresting and exhilarating. "Its a weird may well return to it one day; but, he in­ tration of Pennsylvania, a Bala Cynwyd feeling to feel like you know what's going tends to get his Juris Doctor first. "It can't consulting firm specializing in advising on one minute only to have the rug pulled hurt," he says. "So far, law school has been hospitals on how to minimize the risk of out from underneath you the next. It makes nothing at all like what I had exp^ted. I'd malpractice suits. you think." He compared being in a law recommend it to everyone!" school class to being thrown into the deep Judy's job was to investigate breaches of end of a swimming pool without any swim­ patient care. She met regularly with hospi­ Gene and Judy are just two of the roughly ming lessons. "They take a lot for tal personnel and conducted interviews to two hundred students in the first year granted," he says. The one thing that se­ make sure that everything that could have class. In class, nothing separates them parates classes from the working world. been done was done. She was concerned from anyone else. In that sense, law school Gene says, is the privilege of making mis­ with the timely gathering of information. is "the great equalizer." Doctors, teachers, Judy Flores IL . takes. "In school, one is allowed to and even Often, the suits do not go to trial until two journalists, and recently graduated college expected to make mistakes. In the outside or three years after the complaint is filed. students all meet on the same plane of Arising from her competitive nature, worW, mistakes get you into trouble. Make In the interim, peoples' memories fade. knowledge in front of the law school profes­ Judy strives to be one of the best. Law Re­ one too many and you'll be out on the pave­ Judy made sure all the relevant informa­ sor. Law school may break the class down view is a definite goal. She puts in the long ment." He looks at law school as a welcome tion was on the record shortly after the to its common denominator, but it does not hours required of a serious student of the change from that sort of pressure. Gene has filing of the complaint. The information take away the special attributes each stu­ law. She says the studying has taken time nothing put praise for the Villanova Law she collected was invaluable to the firm's dent brings with him to the classroom, nor away from other things, but it has not had School faculty. "They treat you like peo­ does it attempt to. Realizing this, one can malpractice lawyers when a witness' an overbearing effect on her life. Her hus­ memory needed refreshing during the trial. ple," he says. "They don't take an interest make his or her own law school experience band, a physician, has been very suppor­ in personally humiliating anyone." much more personal and complete. REHEL-ING RIGHTS

SUMMER 1984BAR EXAM RESULTS: #1 at Dickinson #1 at Dngoesne #latFenn #1 at Pittsbuigli tafcrrBAR REVIEW #latT6mple #1 at Villanova Recent graduate Gerry Rehel ('84) has been awarded first prize in a national com­ Fw the past 7 3rears BAR/BRI has prepared the miriority petition for a paper he wrote as a law stu­ dent. The competition was sponsored by of stndents taking the Pennsylvania biur Dnring the National Association of Administrative Law Judges, and the prize includes a $500 the last 8y^ BAR/BRl has prepared almost TWICE award and a plaque, which will be pres­ ented at a conference in San Antonio on as maiQr SUCCESSFUL stndents as any oUier bar review. October 17, 1984. Mr. Rebel's paper, writ­ ten as a directed research project under Professor Perritt's supervision during Spring Semester, 1984, is entitled: "Adjudi­ 8100 ARCH STREET 1909 K STREET, KW. cating the Trilogy of Rights." It considers whether the Supreme Coyrt's 1982 deci­ Sth FLOOR WASHIHGTON, DC 80006 sion in Northern Pipeline Construc­ FHILAOBLTHIA, PA. ISIOS 208^-3080 tion Co. V. Marathon Pipe Line Co. means that administrative adjudication 8WB63-4988 and arbitration of certain claims is unconstitutional. Mr. Rehel presently is clerking for Delaware Supreme Court Jus­ tice McNeilly. November, 1984 • DOCKET • Page 9 Hear Say They've Come For Your Money

by Perry Simon Twenty-five years ago this month, Phil Lots of talk about in the music realm this Phillips rode high on the charts with his month . . . but first, the Hype . . . only hit, "Sea of Love." The goopy ballad Hype is the best description of the pheno­ has now been resurrected by that smooth menon that will be responsible for the next croonr Robert Plant, as the voice of The version of "Born to Run" that you'll hear. Honeydrippers. The 'Drippers' also include The perpetrators are Frankie Goes to Hol­ Jeff Beck, Jimmy Page, and Nile Rodgers, lywood, riding a wave of publicity the likes but despite the talent involved, there's just of which haven't been seen since Brian Ep­ no reason to hear them trash a st of chest­ stein noticed the sales of a single by Tony nuts from producer/label president Ahmet Sheridan and his backing musicians, the Ertegun's fabled record collection. . . Beatles. FGTH is a five-man disco band Tom Petty's career is stalled despite the from Liverpool who use political and sexual imminent release of his new album for lyrics and rather flamboyantly gay postur­ MCA, "Southern Accents." It seems that ing in music and videos, but that's only the blond Heartbreaker punched a wall for part of it. Another is Trevor Horn's kitchen some reason, and the resultant broken sink production, making the inevitable bones mean that Petty will have to wait a eight remixes of each song sound like a while before he can play guitar again .. . radio tuned between frequencies. More im­ Trivia: What famous actor was a member portant is Paul Morley, former British of The Tarriers, whose rendition of "The music scribe, who creates inspired public­ Banana Boat Song" ("Day-0!") was one of ity gimmicks — getting videos banned for several hit versions? Answer below . . . sexual content and excessive violence, 'bout those Country Music Association flooding London with T-shirts emblazoned Awards? The CMA jes' luuuuuvs Alabama "Frankie Say , RELAX!", and supervising and Lee Greenwood, despite the lack of all sorts of assaults on the public conscious­ discernable talent therein. I swear, if Ricky ness. Having sold ridiculous numbers of Skaggs didn't exist, there'd be no reason for the band's first two singles in Europe, the Nashville at all. . . The Oak Ridge Boys are ZTT Records bandwagon is poised for its incorporated . . . Speaking of country, U.S. invasion this month, with the release there was a whole lot of country flavor to of the band's debut double album, "Wel­ R.E.M.'s downright weird set at the Tower. come to the Pleasure Dome," which besides Besides their own stuff, they covered eve­ "Born to Run" will also include "Do You ryone from Elvis to the Morrisons (Van and Know the Way to San Jose." Will it work Jim). In the middle of "Gloria," Michael here? Doubtful, but the group's first live Stipe broke into his best Sonny Bono imita­ dates over here, in Montreal, sold out tion for a few bars of "The Best Goes On." - Frankie goes to U. Penn: November 11 at Irvine Auditorium. within hours and created much talk in Can­ They also joined opening act, the dB's, in ada . . . Can you stand to wait?. . . "Sloop John B.," and closed with Stipe and Mike Mills harmonizing on an acapella "Moon River." Now, that's entertain­ Women's Career Dinner ment. . . Boss 1, Michael 0 Pathetic Dept.: Rod Stewart trashing Ro­ bert Palmer's "Some Guys Have All The by Fred Mugwump since he starts from such a smaller base THERE ARE AT LEAST THREE GOOD Luck." Bowie's version of "God Only It has recently come to the docket's atten­ (see para. 2, supra), even that amount REASONS for attending the Annual Ca­ Knows." Wham!, the worst British import tion that a major musical battle took place translates into a b/s ratio of 10%. One ca­ reer Dinner, which the VLS Women's Law yet. Linda Ronstadt announcing that she'll on the horizon, not to mention the South veat, these numbers by necessity are Caucus will host on November 15th, at 6:00 Never Sing Rock And Roll Again. Is that Philly Sports Complex. Indeed, the hype approximate as our faithful musicologist p.m. The program features brief and infor­ what she was doing? . . . Despite Tom Pet­ war surrounding Michael (The Gloved had to hock his stopwatch in order to afford mative presentations by Villanova women ty's hand (see above), MCA Records has One, His Whatness) Jackson and Bruce these tickets. working in a variety of legal positions, and been rather happy lately. Apart from major (The Boss, The Bard of South Jersey) Figuring in all these totals, we arrive at a is intended to give students the advantage chart successes in the past year, the label Springsteen promises to revel Megalon v. true ppm of 7.1 cents for Mr. Born to Run in of learning through the experiences of the has opened the checkbook and signed up an Godzilla in (sheer) pomposity. Both shows the USA and 33.3 cents for Mr. Thriller. women who preceeded them through VLS. all-star list of talent: Melissa Manchester, offered thrills, excitement, overpriced T- Naturally, these numbers would differ for The dinner aims at informing students Triumph, Razzy Bailey, Kim Wilde, new shirts and even a little music to round off those who chose to buy their tickets in the about a broad spectrum of career options: British sensation Bronski Beat (watch for the evening. Naturally, this is sheer heaven parking lot from scalpers. However, the in the past, speakers have been drawn from their album "The Age of Consent," coming for ticket scalpers and tends to limit the exact prices there will vary too much for government, business and small and large very soon), and, yes, those One-Hit Wond­ rest of us to one show. Therefore, to aid the any kind of scientific generalized analysis urban and suburban law firms. The speak­ ers, Boston (remember "More Than a Feel­ discerning consumer,, we herein present a to be worth a hill of beans. ers have diverse backgrounds; they vary in ing?"), if the group's Legal Matter with guide for handy comparison shopping be­ Although price is important, everyone age, ambition, academic achievement and CBS can be ironed out . . Also newly tween Bruce and Michael. knows that quality is the key variable. family status. While the setting is "ele­ signed to MCA is current CBS pactee Mr. A quick look at price shows an immediate After all, watching the Cubs win the div­ gant," the presentations informally por- T, that rapmaster himself. . . and speak­ advantage for Bruce. His tickets cost $16 ision in 100 minutes is far more enter­ tary the ups and downs of selected legal ing of raps, have you heard that opening to while Michael's weigh in a $30. However, taining than watching eight hours of the jobs, enabling students to make informed Chaka Khan's "I Feel For You?" How many we all know that bottom line price alone is Phillies kicking baseballs around the in­ decisions about their own summer and ulti­ artists get their names into their own song not totally determinitive as concerts vary field (Q: What do the Phillies- infielders and mate career plans. lyrics? That's Grandmaster Melle Mel on in length and style. The Gloved One's Michael Jackson have in common? A: They That's the first reason. her record . . . Yes, Julian Lennon sounds shows last for 100 minutes for a price-per- all wear gloves on one hand for no apparent just like father John. Now, go away. . . minute (ppm) of 30 cents. On the other reason). The second reason is theDinner provides hand, the Boss plays for an average of 240 students an opportunity for "networking." Extremely Brief Reviews: Let's Active, minutes (excluding intermission). This The quickest analysis indicates once Alumni who spoke at past Dinners have the North Carolina trio fronted by producer produces a ppm of 6.7 cents. Hence, it can again that the E Street Shuffler wins over been interested in assisting VLS women in Mitch Easter, has a real sleeper with their • be safely said that the Bard of South Jersey He Who has a New Scalp, who might as the legal world, and willingly share their evocative new album "Cypress" (I.R.S.), wins in the price category. well just best it. The lyrics alone prove the advice. The Dinner presents a near-effort- featuring a really good Side Two .. . Side But wait, our analysis is not complete case. Which indicates a better life-affirm­ less means of making contacts. Two is the problem with "Like This," the yet. Assuming that people go to concerts ing philosophy, the one whosings "I believe Finally, students attending the Dinner dB's debut for a major label (Bears- primarily for music, it is necessary to fac­ in the hu;man race" (from Badlands") or will grant their tastebuds a pardon from ville/Warners). Side One is worth the price, tor in how much valuable time is spent on the one who queries "What are you afraid frozen dinners and similar rations. The though — a solid set of pop from the semi­ nonsense rather than music. This is best of? (from "Thriller")? Aside from that, the meal will be catered and the cafeteria nal Southern Wave band . . . Hall and done by computing the babble/singing, or Asbury Park Troubadour varies his shows spruced up sufficiently to allow you to Oats have another good dependable, un­ b/s, ratio. That ratio, taken as a percentage by as much as a third or more every perfor­ forget that you just talked about torts over spectacular release, full of radio hooks and of total concert time, can then be applied to mance while 01 Whatsisname is complete­ lunch that day. Now, that's something you inane lyrics, but well above the lot of determine true concert length and hence a ly preprogrammed to the point that not a won't want to miss. what's out on the market. It's called "Big more realistic ppm. note is changed. Finally, the E Street Band Bam Boom" (what?) and it's on RCA . . . Finally, the Unknowns of the Month, the Getting down to specifics, the Jersey Boy is the most ethnically diverse rock band in Liz McConvilie, 2L: uses approximately 15 minutes per concert the country, with Bruce, Clarence "Big terrific and very young garage/party band "Last year's panelists were informative, from Boston called the Del Fuegos. Their for stories about Clarence and why God Man" demons and "Mighty Max" Wein­ interesting and approachable. The Career created pink cadillacs (the Gospel accord­ berg leading the way. debut for Slash/Warners is "The Longest Dinner was a welcome interruption from Day" and is well worth your money and ing to Bruce), producing a b/s ratio of 6.2%. In conclusion, although it might induce a first year's tunnel vision. It heightened my The Grand Soprano fares somewhat better state of shock in some Jacksonians, this awareness of 'life after law school'." time . . . in raw score, using only around 10 minutes (alleged) music lover fervently recom­ Oh, yeah, that trivia question . . . the for such scintillating delights as cheap fire­ mends investing concert and black market Kate Smith, 3L; calypso crooner was none other than alan works and Arthurian mumbo-jumbo. But, tape dollars into Bruce. "I appreciated the high level of candor in Aricin. Hey, now, don't laugh. He's not the speakers' descriptions of the pros and alone. A lot of Hollywood types have re­ cons of the job market and selected fields. corded albums. Leonard Nimoy, Jack Lem- Moreover, all the speakeTs are not mon, Regis Philbin — all the biggies have members of the law review who walked out trill^ for the tape. Wink Martindale had a filer QUICK TYPING of Villanova and into the top firms: a big hit with Tex Ritter's "Deck of Cards," REPORTS - XEROXING number recounted their struggles in find­ but the biggest of all has to be David Soul, LETTERS - RESUMES ing jobs and the strategies they used." of "Here Come the Brides" and "Starsky HBH and Hutch" fame, whose sole hit was MSB REPETITIVE LETTERS Caroline Rubin, 3L: 1977's monster mash "Don't Give Up On 850 W LANCASTER AVENUE "The tenor of the evening is always up­ Us, Baby." We all know what happened to m beat, which is a refreshing change in an David after his musical debut. His label We're BRYN MAWR, PA 19010 environment where depression normally folded, his show got cancelled, and his 527-3844 prevails. At the end of the evening you can't name was all over the supermarket tab­ Your Type help feeling that there is life after law loids as an alleged wife-beater. school." Let that be a lesson to us all. Page 10 • DOCKET • November, 1984 Judge Aldisert Advises VLS Students On Appellate Advocacy (Continued from page 1) court asks the appellent's counsel. Offer to ment that the lawyer can make is that the take questions, but 'don't reheat stale cab­ trial judge's application of the law to the bage'." particular case is wrong. Judge Aldisert advised that the best stra­ Judge Aldisert said that in this situation, tegy in appellate advocacy is to "have a a long history of the law itself is unneces­ game plan from the moment you first get sary. "You just want to set forth the stand­ the case. Don't work from scratch. Plan. ard of review. Get the attention of the court Then you will be able to trace any errors as quickly as possible." made without having to search the trial End Of A Long, Hard Season Judge Aldisert moved from discussions of record. If you can recognize suspected trial brief writing technique to tips on prepara­ errors, you can file a post trial motion more The Tigers and the Padres might be did you guess?) also were in fourth place tion for oral argument, or in his own words, rapidly, and you'll be better prepared if done, but the action in the Villanova Law with a 4-2 record. All season long the 'Con- "psyching a court." there is an appeal." School Softball League is just heating up. siderates have been riding high on the play The key to this process, according to the Judge Aldisert then answered questions With two weeks to go in the regular season of Gene "Benny" Riccardo, R.A. which may Judge, is to be fully aware of the court's from students and professors. Asked how eight teams are fighting for the six playoff explain why they have been losing lately. stance on the issues in the case. "You counsel handles a hostile judge, Aldisert spots. However, the Inconsiderates are the only should know all applicable case law that responded that "you are a salesman to According to league commissioner and team to defeat the Indigents this year in a the court you are arguing before has writ­ three judges. Try to address your argu­ sometime player, Jerry Carozza, the game that "Sparky" Novak and Lou "the ten," said Judge Aldisert. "If you argued ment to the other two to get your point competition has been extremely intense. Dancing Bear" Cappozi still have night­ before me, well, I started on the Third Cir­ across." At the moment, Dave "Sparky" Novak mares over. cuit in 1968, so you don't have to go back Another student asked whether the (the "Nets" stuff had to go) has his Indi­ Rounding out the field are the Verdicks any further than that." Third Circuit voted on whether they would gents in first place with a 6-1 record. How­ and the Masterbatters with 3-3 records, the Judge Aldisert noted that employing this hear a case. "No," answered Judge Aldisert, ever, the Long Balls are right behind with a Hung Jurors (2-2), Lawst & Found (2-4), technique is much easier now, b^ause of "unlike the Pennsylvania courts, we only 5-1 record. The two teams will meet in the Status Quo (2-4), The Queen's Bench and increased availability of computer research have oral arguments in about one third of next to last game of the season. the Barristers are a collective 0-10. Yet, aids such as Lexis and Westlaw. our cases. If one judge requests oral argu­ The 'Gents were able to climb into first both of the teams are headed for the AFC Judge Aldisert recommended using these ments, then the court will hear the case." by virtue of their stunning 12-9 victory over Central Division next year where they cases to learn what arguments have trig­ The Judge cautioned against too wordy a the Slumlords. The Slumlords jumped out should be competitive. gered the court's past decisions on relevant brief. "Judges need a short and clear pres­ to a 5-0 lead in the top half of the first as issues. "You should look to the court's an­ entation. They don't have much time to Tom Morris and Jeff Sansweet each The game of the week featured a real alysis, free of individual idiosyncracies, read briefs. Great briefs are often used cracked homeruns. However, the Lords pitcher's duel for any defensive purist at and apply it to the case you are arguing." word for word in judge's opinions." were playing without all-star Annie Mar- heart as they defeated Lawst & Found 18- He also mentioned that on the Third Cir­ Illustrating this point. Judge Aldisert tino and it showed as they gave up eight ' 17. The loss overshadowed another brilli­ cuit, the judges often have much more ex­ mentioned Chief Justice John Marshall's runs in the bottom half of the inning. Al­ ant performance by all-star catcher Caro­ perience with the particular type of case famous quote from Maryland v. McCul- though the Slumlords closed the gap to 9-8, lyn Moran who will undoubtedly go the free than do the lawyers who are arguing before llough, that "the power to tax is the power Chuck I.L. McGiveny, Kevin "Baskin" agent route next year provided she gets them. to destroy." "This may be one of the most Robins and Tim "Big Bat" McCuen scored contracts under her belt. Another point Judge Aldisert made was famous quotes in the history of the Su­ insurance runs to put the game out of All-Star Balloting: According to the Com­ that finding these cases is not enough. preme Court, but few remember that the reach. missioner's office, catcher Paul Kalinski is "Make sure you do read carefully any case original author of those words was Daniel The Desperados II had a chance to move the leading vote getter with 1,009,237 votes you cite before the court. Also, don't cite a Webster, not John Marshall," explained into a third place tie with the Slumlords followed by Carolyn Moran (987,419) and case that simply cites another case. Get Judge Aldisert. until it dropped a heartbreaking 13-12 deci­ Lance Parrish (657,351). It seems like Ka­ that other case," Judge Aldisert informed the audience of a sion to the A-Team. By virtue of its victory linski, still riding last year's performance, The Judge said that oral arguments recent change in the Federal Rules of Civil the A-Team remained in the thick of the will be a tough to beat. Nora the Sarge themselves have changed in the last 20 Procedure while answering another ques­ playoff picture with a 4-3 slate. ("I pity the Winkleman is once again running away years. "There is less time than there used tion. FRCP Rule 52 provides that facts man ... or team that has to play them.") with manager of the year honors. No found by a court sitting without a jury are The Inconsiderates (A bunch of ILs, how "Sparky" you can't vote for yourself. to be." "It is very short now, usually only fifteen minutes for each party." not disturbed unless clearly erroneous. This provision was amended September Among the pointers that Judge Aldisert 19, 1984 to subject judgments on written ABDUL: NEVER ENOUGH offered included the necessity of knowing and oral evidence both to the "clearly er­ (Continued from page 12) in a Scrabble game . . . George Will, (?), your case backwards and forwards. "Still, roneous" review standard. "We aregetting stops including: Buddy Biancanala, Greg recently referred to the bible as "The Sport­ you should not develop a narcissistic love away from the idea that there is a procedu­ Pryor, Bucky Dent and Jim Scranton. ing News of religion." . . . Mickey Rivers, of your case. Know your case's weaknesses ral difference between oral and writen evi­ The Bay State Bombers of the Continen­ linguist extrodinaire: "We will do all right as well as its strengths. Know your oppo­ dence," said the Judge. tal Basketball Association have moved to a if we can capitalize on our mistakes." . . . nent's case as well as you knowyourown." new arena. They will now play all their Might as well just keep rollin' with the Questions from the judges "are usually Regarding the demeanor of the advocate. homes games at the Worcester Auditorium, Rivers. Mickey was asked whether playing to resolve questions that the judges have Judge Aldisert noted that the rapport be­ site of Holy Cross games during the glory in the Texas heat bothered him: "No, I'm with your brief," said Judge Aldisert. tween judge and counsel is more conver­ days of Bob Cousy, Tom Heinsohn and from Florida, so I'm used to it." Rivers then "Many judges ask questions of counsel to sational now, without much of the old Togo Palzaai. The owner of the Bombers, added, "Actually, the climaxes are about use him or her as a conduit to persuade pomfwus, political style. "The Third Cir­ John Ligums, is planning a promotion to the same." . . . Just for reminders, NBA other members of the court. Not all ques­ cuit now sits eye to eye with counsel." pay his respects to the stars of old. "We're salary minimums will be $60,000 this year, tions are intended to test counsel (unlike In his other recommendations. Judge Al­ going to have a Togo Palazzi night." Li­ $70,000 next, and $75,000 the year after law school). disert advised "respect for the court, with­ gums said. "Everyone named Togo gets in that . . ..Duane Kuiper, of the San Fran­ "You should answer every question from out being obsequious." He said that if for free." What a guy, huh! cisco Giants, on the joys of playing in a judge that you can. If you don't under­ counsel makes a mistake, and realizes it KEYNOTES: Tony Gwynn, outfielder windy Candlestick Park:' 'We see newspap­ stand a question, you should say so. If you subsequently, he or she should address the and batting champion from the San Diego ers flying in here all the time. The worst don't know the answer to a question, you discrepancy naturally and effectively. Padres: "Even if I learn to pull, I'm never v part is that it's the whole Sunday paper." should tell the court, but offer to file a Formality is still an important considera­ going to hit home runs. My goal this year is . . . When Pete Rose was traded the Expos supplemental brief with the answer later. tion, according to Judge Aldisert. "You to hit 30 homers — counting batting prac­ brought up infielder Rene Gonzales, from But don't try to fake it. This will only anger should always address the court in the tice. I'm up to 26, five of 'em in games.". . . Indianapolis. He arrived in Montreal with a the judges." third person, never the second." Regarding Stan Naccarato, general manager of the Ta- stack of typewritten biographies. An Judge Aldisert's advice for appellee coun­ dress, he urged a carefully subdued appear­ coma Tigers, after watching a fan make a Expo's spokesman said the press releases sel was to "avoid repeating what the court ance, especially for women. "The judicial precarious catch of a foul ball: "If that ball looked as if his mother had written them. already knows. Don't try to sell an argu­ system is still the most conservative insti­ hits him in the head, he'll be dead for a Included among them was: "Rene has a ment to a court that it has already accepted. tution in Western civilization," admitted month." . . . Roy Firestone, ESPN, notes ritual of wrapping his glove daily in a Listen carefully to the questions that the Judge Aldisert. that Sixto Lezcano is the only major league Wonder Bread bag. To Rene, Wonder Bread baseball player who will get you 80 points symbolizes 'No Holes and Goes 12 Ways'." . . . Secundino Borabota, Equitorial Gui­ nea's 400-meter runner, who started in Lane 2, but immediately jumped into Lane 1 when the gun went off: "I was only going to stay in the lane until I caught up. It was a For All Softs of GOOD good lane." Innocent Egbunike of Nigeria, THINGS who had Lane 1 and was forced to go To Go around Borabota: "If he does that again someone is going to punch him. I would Rosonont have, but I wanted to set a good example." PIZZA . . . Ray Meyer, the 70-year-old basketball Ty(E-oirr FOODS coach who is retiring after 42 seasons at 852 CONESTOGA Road DePaul, says his ultimate goal is "to referee a game played entirely by officials." . . . WINTER ilOURS: Dan Quisenberry, pitcher with the Kansas OPEN 10 AM - 12 PM Monday thru Thursday City Royals, gave an interesting acceptance 10 AM - 1 AM Friday & Saturday speech during the World Series when he .3 PM T 12 PM Sunday was presented with the Rolaids Relief Man Award: "I'd just like to thank the boys for keeping the puck away from the net so that I don't have to wear one of these," said Yes, We ,/ / Quisenberry while holding a catchers mask in front of his face . . . Bill Fitch spoke of fellow NBA coach Frank Layden: Deliver "Frank coached a team like we used to have in Cleveland. You know, a team where you Phone: 525-8560 can play back-to-back games in front of a panel from 'What's My Line?' and you Bell, give us a break! stump them." November, 1984 • DOCKET • Page 11 ^ First Dean Reflects Upon VLSThen And Now

(Continued from page 1) DOCKET: Try this one. In general, do information on their resumes so they'd be out falling off, and that's not ethics. "What DOCKET: How did the idea to found a you think law schools have changed consid­ nioved up in the Placement Office's inter­ can I get away with?" That's not ethics. law school at Villanova come about? erably over the years; have they evolved, or view schedules. Dean Murray has issued a That's one reason why the term "legal Reuschlein: Well, I'd like to tell you the are they basically the same as when you basic "Please don't" statement in the ethics" was dropped in favor of "profes­ straight story but you couldn't print that. were the Dean? weekly newsletter. I wonder if you have sional responsibility." Somehow or other, (He is adamant in this refusal, although the Reuschlein: Well you know, for de­ any ideas on how this can be stopped, or if if students 'Hon't come to the law school Docket tried to induce him to tell "the un­ cades, I think every law school fell into the you think specific sanctions should be im­ with a real moral sense, we have to try and told story.") There was a desire on the part pattern of the Harvard Law School. There posed? give it to them somewhere. It's maybe more of the Augustinian Provincial and the pres­ was a great revolution among some of the Reuschlein: I take it we still have an important than anything else they study. ident of the University, who was then Cha­ law schools in the 1930's — sort of an era of honor system here? DOCKET: One last question. I was told rles McGuire, to start a law school, their realism. Efforts were made to ... to em­ DOCKET: Yes, but it seems these stu­ you had started a program for professors idea being that if Villanova aspired to be a phasize fact more than, shall we say, rules dents are ignoring it. visiting from abroaid or going . . . university, it ought to have some profes­ or general principles. You know, students Reuschlein: Well an honor system isn't Reuschlein: Yes, we had a visiting sional schools. McGuire sort of put things always want a rule, and I suppose the most worth anything at all unless the students professorship with the University of Not­ in motion. cruel thing is to give them a rule, because are willing to squeal on somebody that's tingham, for several years, and some of DOCKET: Can you tell me some of the now you've got a rule, what are you going to doing that kind of thing. And it's some­ their professors came here, and some of things you've been involved in since you do with it? In my classes, (I never taught times difficult to get students to — they ours went and taught at Nottingham. I left VLS? first years,) I never had them recite a case, won't do it, but if they don't do it, you might understand the Dean is interested in reviv­ Reuschlein: Since I left, I took the post no point to that. But I used to pepper them as well toss out the honor system. I think ing that. I think it would be good to con­ of Katherine Ryan Distinguished Professor sometimes with 15-20 questions all having students have got to feel an obligation to tinue. I frankly don't quite know why it at St. Mary's University in San Antonio. to do with the facts. Lawyers don't argue report it when they know about it. Such a sort of went into limbo. But I'm told there's Taught there for twelve years, nine years . with each other about the law, and if all law person, (the falsifier,) unless he mends his been some interest at Nottingham, and after the compulsory retirement age. students were after or should be after ways, isn't fit to be a lawyer; that's falsify­ Dean Murray has some interest too, in re­ DOCKET: Now that you're back in the would-be rules, they're wasting their ing a document! The Dean has to certify to suming. It doesn't have to be Nottingham, area, do you have any plans to keep in­ money coming to law school, because the bar examiners the good moral charac­ it could be any other English provincial volved with VLS? they're all in little books, and anybody who ter of every applicant, and he can't if some­ university like Exeter or Birmingham, a lot Reuschlein: Yes, but only if the law can read can get rules. So yes, I think body's caught doing that. Anybody that of them. school wants me to. there's been a good deal more emphasis on does that is really putting his career in DOCKET: It stopped after you left, or DOCKET: Have you kept up with procedure, pleading, massing the facts or jeopardy, and I suppose that's one thing before? what's been happening at law schools in cases, rather than simply learning the gen­ that ought to be brought to his attention, Reuschlein: Either after I left or during general? eral principles of law. That's been happen­ forcibly. I susp^t there'll be a tougher my last year. I don't remember whether Reuschlein: This isn't a very modest ing over the last half-century. In the last sanction than just a plea if anyone's there were any exchanges during Dean statement, but I think so, because for 20 decade or so, there's been a good deal more caught, but I really think a student should O'Brien's time or not. Our students get years, I have been associated with the emphasis on things like trial practice, on a be told that he's really doing something something from an Englishman. They get a accreditation process of the ABA as Chair­ clinical legal education, which really didn't which would disqualify him for admission better sense of the common law. One of the man of the Council, and Chairman of the exist 30 years ago. In clinical education, in to the Bar if it's discovered. What they things that distresses me is that students Accreditation Committee, and of course trial practice and also of course appellate don't realize is, there are ways of discover­ have so little knowledge of history. And you that meant all of the approved schools and advocacy, those have been develop^ in the ing it. I've known some instances when it's know, nobody can do anything with the all of the schools who were seeking appro­ last few years and they're rather impor­ been discovered later on the basis of work present unless they know the past. An val. tant. Most every school that prides itself on done in the law firm that isn't satisfactory, Englishman conveys something of that. DOCKET: While you were presiding doing a good job has gone in that direction. and somebody goes back to the school, and Not that we shouldn't; I'm interested in here as Dean, what policies did you insti­ DOCKET; How do you think the aver­ the thing is traced down, and the firm finds anything that goes back a half century or tute, and what sort of law school did you age law student has changed over the out it's been lied to, and the person's loused more. envision VLS to be? years, in relation to the school changes? up! It just isn't worth what the applicant DOCKET: What do you think, then, of Reuschlein: When we started the law Reuschlein: I'm not particularly popu­ thinks it is. It just isn't worth taking that programs in which students study abroad I school, there was talk about also having an lar with admissions people because I've kind of a chance. for the summer or a semester. evening division. Well, I frankly said I taught for 50 years, and so often admis­ DOCKET: How closely do you think po­ Reuschlein: Yes, if carefully super­ didn't want any part of that because one in sions people say to you, 'We're getting bet­ tential employers who come to interview vised. There are a lot of these summer pro­ the area was enough, and Temple had one. ter students when we ever did before," and and just glance quickly through the re­ grams that are, you know, nice holidays, We made the decision also that we would I don't believe it. When I started teachingat sumes look at the details? When they're The ABA now scrutinizes each of the start the Law Review as soon as possible, so Georgetown, most law schools were admit­ considering hiring, do they check out every summer programs, and they've been tight­ we started it in the second year of the ting after two years of college. And I re­ aspect of a student's resume, including ened. Yeah, I guess they're a good notion. I school. We decided to put up a building as member the Dean coming in one day in the GPA and class rank? must confess, I would much prefer to have soon as possible, because for 2V4 years we '30's and saying to me, "Just think, there Reuschlein: Well, I think they do check. a student do all of his serious work in one were in the library, until 1957, when the won't be anybody in the first year class For instance, an employer who interviews place. I've never talked to Dean Murray to original part of Garey Hall was built. next year who doesn't have a college de­ fifteen people and is interested in six will see if he's interested in that kind of thing or DOCKET: Was there anything else? gree." (They'd instituted the degree re­ probably not bother checking the resumes not. Temple and Dickinson have programs, Reuschlein: We thought we'd keep the quirement). I guess I looked sorta dismal, of the others. He will check carefully into I think in Italy. Some are quite good, and alumni close to us from the start, for a and he said. "You don't seem to be en­ those he's interested in. Most likely he'll some of them are a little fruity. variety of reasons. Not only for sentimental thused," and I said "No, I'll tell you what want to talk to somebody on the faculty. DOCKET: In closing, you indicated that reasons, but financial ones too, so very that means. Dean, now they're gonna come Often someone says to me, "These two peo­ you might be interested in becoming in­ early we started an annual giving program, to us after a four year loaf, and that's worse ple look awfully good. How about them?" volved with VLS again if Dean Murray as soon as the first class graduated in 1956. than a two year loaf!" (He laughs.) Now Well, you can look at the transcript and tell asked you to? We gave attention to placement very early there was some truth to that. I remember them! One of the things that's awfully hard Reuschlein: Well, let's not put it quite in the game. Initially there was some diffi­ an experience here, a year or so before I left, to teach and get students interested in is that way. I could've stayed and taught culty, understandably; reluctance on the the chairman of the admissions committee what you now call, I guess "professional here. I was the one who first hired Dean part of blue-ribbon firms to take graduates came in the office and he said. "Dean, there responsibility," what you call a legal ethics Murray to teach here, but he moved else­ — they'd been accustomed to taking them isn't anyone who's going to come into the course. It's difficult to get students to take where after one year. I don't think it from old, established Ivy League schools. first year class next year who doesn't have that too seriously, but it's tremendously would've bothered me, but you don't know. We cracked that within 2-3 years, largely better than a 3.0 GPA." Again, you know, I important. I never could stand the term The new man is entitled to be free to act by simply asking the senior partners in didn't seem thrilled, and he said "You don't "legal ethics," "ethics," yes, "legal ethics," without a feeling that well, you know, firms here in Philadelphia and New York to seem enthused," and I said "Howard, tell no. "Legal ethics" is something that tells "Maybe the old man is looking over my give it a t^, and they agreed, and were me, did you ever see any other kind of aver­ you how near to the brink you can go with­ shoulder." We all have different styles. . . satisfied with the product. But it was ne­ ages?" Grades are inflated. Well if I don't cessary to do that early in the game; other­ think students are any better, they're cer­ wise, we'd have had much more difficult tainly just as good, and I don't mean to fault placement problems than we did have. admissions people because after all, all they There was also a committment made have to go on are grades and test scores, early in the game to have representative and there are things that grades don't mea­ faculty salaries so that we could compete, sure because the doggone grades are all ephson and of course we had to da a lot of PR inflated. What used to be "C's" have be­ TJJI around here with the undergraduate fa­ come "B's." And test scores don't measure culty, because of the discrepancy in their motivation and they can't. salaries versus a law professor's DOCKET: Do you think there's some yNBCAT^ DOCKET: Are you aware of any new way, then, of personalizing the admissions policies that have been instituted at the law process, even with so many people apply­ school since your departure and if so, are ing? there any that you had wanted or tried to Reuschlein: Well, interviews aren't team begin while you were here that are now in any good with so many, and every fella or effect? girl that comes to you for an interview is Reuschlein: Well, that's the kind of the All-American boy or the Ail-American thing my successors could better answer. gal, and you just couldn't do it. I don't know So far as I know, I was always grateful that that it would reveal too much anyway. And they didn't undo any of my policies. letters of recommendation? No, they don't DOCKET: So all of your policies are still help much. There's two kinds of people Sum & Substance in effect now? who usually recommend; the first will re­ TO LEARN THE LAW Reuschlein: So far as I know. Oh, commend anybody who'd ever gone to their they've added, there's no question, because school. The other one is just, you know, so I think every De^n has to be given his own much of a stickler that he's not enthusias­ style. One reason why I left the area is tic at all, and damns with faint praise. because I don't think it's good for a Dean to Anyone can get a couple of professors to be in his successor's hair, or looking over recommend him. That should be optional. his shoulder. I'm sure they've probably DOCKET: Before we go on, I'd like your added things that for all I know I never opinion on something we've been having a even thought of. I feel they've continued problem with around the school, if you everything I began, and built on and im­ don't mirid commenting. Some of the BRC TO PASS THE BAR proved it. . . Got anything else I can duck? upperclassmen have been falsifying some Page 12 • DOCKET • November, 1984 OFF THE FOOT

by Sean Abdul O'Grady Finally we will get to some sports. The Howard John's. Early Monday morning. preceding was only Abdul's meager at­ It was a late night, so late that it was now tempt to sink to the level that his detractors early. Where had Abdul been all night? For have always ascribed to him: the bathroom. that matter, all weekend? Had he been out Abdul just figures that since most people with Lou "The Sweater" Mitchell again? read his column in the commode, such an The last thing Abdul remembers is Friday "intro" is only apropos. Lotto Drawing. Wasn't he up in the Mar­ Then, where better for Abdul to go than quis de Poulin's Trial Practice class on directly from the bathroom to coverage of Monday? What assignment was he sup­ the Garey Hall Rugby Club? Occurrences in posed to do? Had he ever bought the book? the past week have forced Abdul to give out Could he find the room? Was it another lost the coveted Rehnquit-ian Overreaction weekend? Does this remind you of a Award without the usual formality of hav­ constitutional law casebook? Will it ever ing the entire Academy vote. There can be stop, these questions? little doubt as to this year's winner. There Aaaah! Abdul's head is queasy and his has even been a groundswell of support to stomach is throbbing. That bartender last make this year's award permanent. The night said that no semi-human should at­ magnitude of the most recent gaffe has led tempt to have more than nine of those Abdul to agree that this year's presentation drinks. Abdul shouldn't've had those last be the last. Abdul also noted that last year's four. All the women in that bar started to recipient tracked Abdul all the way to Ou- The much maligned Softball Czar, Jerry Carroza, takes a little heat from the mean Mr. Wild. look like Bobby "Buffalo Gal Won't You gadugou to punch out Abdul's lights. "It's nothing that a little marriage encounter group won't solve," said a hurt Wtld-man. Come Out Tonight" O'Neil. Boy, what This year's award winning utterance - was turned in during the Alumni-Student stadium. The next day Costas, Thorogood, base and scored. The 20-run inning was were those drinks called ... oh yeah: achieved on 13 hits, three Akron errors, one Stone-Killers. If Abdul only had a brain. Rugby game. The game was held two wee­ bride, groom and justice of the piece all kends ago at the Chetwyn Field. Attend­ showed up. The ceremony took place at hit batsman and five walks. The time at the Hey, do you think there is a musical in that bat took 55 minutes, Akron used four last sentence somewhere? OUCH, Abdul ance, though meager, was noteworthy first base ("That's the position I play on our owing to the presence of perenial Rugby company team," explained the groom) with pitchers and the Dolphins hit three homer- forgot the Barbra Streisand Rule of Han­ uns (including a back-to-back). Tom Brad­ gover Survival: never think about a musi­ Queen Runner-up Bette Dean and Marie Thorogood as the maid of honor. Helmig. Some were heard to say that these Sensing a moment to grab the limelight, ley, coach of the Dolphins, said, "It's cal before two in the afternoon. always nice to score a lot of runs, but it's Where is that waitress? Oh, there is a young ladies were the actual reason for the Costas decided he should give a reading at impending Rehnquistian Overreaction. this wedding. He reached into his briefcase not fun. It's not baseball." Abdul has to hazy pink blob moving towards me now. wonder if this man is nuts. After all they Maybe I can order; "Is it still all-you-can- The game was winding down (and we all and pulled out a copy of The Sporting came from nine runs down. eat for $3.95 Clam Night?" OooooOoooo, know just how painful that can be). Alumni News. "I would like to open this occasion Earlier this season Tom Lasorda, man­ bad idea. It was even a bad thought. Clearly Ring-dang-doo-ers (Ooops, Abdul means with a reading from the book of Spink." "Ruggers") Jim Rosato, Steve Plastek and Costas then read a few lines from the cover ager of the L.A. Dodgers, called his club in violative of Hangover Survival Rule (1) (a) for a severe tongue lashing after a particu- (2) (G) (43.) (q.) (864) (V) (3). "Quick, you Joe Betley scored to make the tally 20-16 in article and the justice of the peace consum- larily inept loss to the Phillies. Once in the with the blur! Where's the bathroom?" favor of the Alumni. There were only fifty ated the ceremony. Thorogood and Costas clubhouse Lasorda took no prisoners, he let Damn, Abdul's knees are getting bad seconds left to play. The Chief had already then jumped in a car headed for Clear­ everyone have it. Finally he turned to sore- with old age. These tile floors just tear barreled over for a try. Everyone was water, hoping to catch the Phillies. armed outfielder Pedro Guerrero and them up. And another thing, why are these grabbing at the ball before it scooted along As a result of all this, Costas invited Tho­ the ground and right into the hands of our rogood to come and do the color commen­ barked, "Guerrero, just what in the hell do seats so damn wide that you can't rest your you do out there?" Dead serious, Guerrero . cheek bones on the sides in a situation like award recipient. He tucked the ball in, put tary on a NBC baseball braodcast replied, "Skip, I do two things. First, I pray this. Hey, maybe that is why some people down his shoulder and charged toward the (Thorogood did it duringjune). Thorogood goal line. Immediately he was pounced then enticed Costas to play for his Destroy­ to God that nobody hit me the ball. "When have those furry toilet seat covers. That Lasorda barked, "What else? Guerrero con­ way they don't get seat-burn on their cheek upon by "Balding Joe" Betley who held him ers Softball team. Said Costas of his new­ tinued, saying, "Second, I pray to God that bones. Wait a minute, that sounds like a up while waiting for teammates to arrive. found baseball buddy, "George says money maker: Abdul's Seat-Burn Relief Our award recipient struggled to get free baseball is the only true sport — that all nobody hit the ball to Steve Sax." Docket Cream. Maybe Adbul's cousin, Ali Aba-Lsd until his leg suddenly buckled. Then the others are mutants." sources say that the club broke up into such violent laughter that Lasorda had to O'Grady, will be interested in this one. expletives started to flow from the mouth adjourn the meeting and leave. Maybe that old Naugha sweat he's been of our recipient. "You lousy ! You ruined my life! You broke my And now for something completely dif­ trying to pedal for the last couple of years Final Standings - ferent: cricket. OK, so cricket isn't so differ­ leg! I'll never walk right again. You Indigents 6 1 ' mother you've ruined my Longballs 5 1 ent from baseball. Abdul just figured you whole life!" Slumlords 5 2 wouldn't notice. Dexter Hayden, of the This year's winner is none other than A-Team 5 3 Merion Cricket Club, was distressed by the the sweet, loveable, ref-baiting, Paul Law­ Inconsiderates 4 2 association, in print, of his club with the rence. The extent of Lawrence's overstate­ Desparados II 4 3 • Germantown Cricket Club. "We at the ment became obvious once he got to the Hung Jurors 4 3 Merion Cricket Club do not club the Verdicks 4 4 crickets." Hayden wrote in an attempt to hospital. After taking out a cattle prod to Masterbatters 3 4 keep Lawrence off of her, she told him, disassociate from the downtown club: "We Lawst and Found 2 4 simply strain them to their demise through "Calm down, Paulie. It's only a slight ankle Status Quo 2 4 sprain. You'll be walking on it tonight." Queen's Bench 0 6 large nets, and finely grind them to a pulp Need Abdul say anymore? By a probosis Barristers 0 7 by hand-held string instruments. White at­ count the motion is passed. Henceforth the PLAYOFFS tire is required. We pursue this prestigious award shall be known as the Paul Law­ Indigents (1) vs. Hung Jurors (8) preppy pasttime during any month with a rence Overstatement Of A Lifetime Award. Longballs (2) vs. Verdicks (9) vowel in it. Any cricket that survives this So you think that the networks have Slumlords (3) vs. Desparados II (6) gentlemen's game usually cracks at the A-Team (4) vs. Inconsiderates (5) taken you as "up close and personal" as thought of squash. Another of the Main was possible. Well think again, baseball Line athletic delicacies." How could Abdul breath. Bob Wieder, writer for the Oakland make up stuff like this — even if he wanted A's News, has gone even further in depth So, you think the intramural softball to. . , There, baseball season is over and now with the players on the A's than one would field is bad, huh. At Jacksonville University Abdul has purged his files of all baseball usually dare. Among the things that the St. John River runs directly behind news. There will be no more baseball in Wieder found (i.e.: the printable ones) are: home plate. When the wind whips off the this column until spring training. After all, — The favorite snack of Pitcher Ray river the balls fly out. During a game last there is always next year. Well... I don't Despite the lettering on his shirt, and the fact Burris is crayons — "right out of the box." season, against University of Akron, the he hasn't been seen with a woman in six — Bill Caudill, the ace relief pitcher, be­ Jacksonville Dolphins set NCAA records by know ... all right then, but only one more baseball item. The Kansas City Royals years, Gary Gershman is a heterosexual. longs to an obscure religious cult which sending 24 batters to the plate and scoring used 98 different lineup combinations dur­ cultivates ritual screen-door installation. 20 runs in the bottom of the seventh. Going will be just the thing to do the trick. ing the year. They used six different short- OGH NOG, KATY BAR THE DOOR! — Outfielder Jeff Burroughs once got into the inning Jacksonville was trailing 18-9, the next 18 Dolphin batters reached (Continued on page 10) HERE IT COMES! into trouble as a teenager for gluing geese Well, that's a little bit better. What went to mailboxes. on this weekend!? Wonder what happened — Outfielder Garry Hancock gets his to Emil "No Beer Slides" Giordano and kicks by backing his car over Ozzie Os-. Chip "I May Look Friendly. . ."Gallagher? borne records. Gary "If I Ever Get Healthy I'm Gonna — Clete Boyer, coach, in 1%4, on a bet, Kick Some Butt" Gershman deserted ate an entire water heater in 13 days. Abdul right after they said, "Dump the — Steve McCatty, pitcher, makes it a balls and mix them please." After that it all rule never to eat lizard, parak^t or lino­ gets horribly hazy. leum on days he's scheduled to pitch. Abdul Hey, why aren't there any buttons left on is shocked, isn't linoleum on the endan­ any of Abdul's clothes?!! There aren't even gered species list? any buttons left on Abdul's searsucker The intrepid sports staff has done it pants (Yeah, Abdul was the sucker who again. This time we have scooped that not- bought 'em at Sears). Hold on . . . wait-a- so-intrepid music columnist Perry Simon. minute . . . it's all starting to come back. Abdul will do a page on Mike Boddicker's Abdul's current pain is all the fault of those elbow whenever he wants to. Anyhow, it party animals; Rick "Oh Baaaaby" Bort- seems that NBC sports announcer Bob Cos- nick, Dave "What Becomes A Legend tas and George Thorogood, of Delaware Most" Aisenberg, and Jim "It's Only An Destroyers fame, struck up a friendship Old Soccer Injury" Ackerman. They took when they found themselves seated next to ol' Abdul to the Club et Whip. Of course. one another at a baseball spring training How in the world could Abdul forget?! game. Costas appreciated Thorogood's love There were hookers there. Hookers were of baseball, he has his own field in Newark, turning tricks for shirt buttons. Abdul Delaware, and the two became friends. would have given away all of this immense Costas and Thorogood also met a couple II •• lift till I' In"! irtii twTfn' II "ii III irtii I iiM —. . writing talent to have been wearing a cou­ from Illinois who were all licensed and Bell and Carroza demonstrate their midair fueling techniques. Boy, if they ever get up in the tested but had nowhere to get married. Cos­ ple of vests and an extra button-down shirt atr . . . or two. tas arranged for them to get married in the