The Brief (The December 1965 Alumni Magazine)

Southern Methodist University SMU Scholar

The Brief (Law Alumni Magazine), 1965-2002 Law School History and Archives

12-1965

Southern Methodist University, School of Law

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VOL. 1 NO. I DALLAS, TEXAS DECEMBER 1965 Goals Cited In Dean's Message

Law schools must become leaders in the study of law reform and the study of legal philosophy, Dr. Charles 0. Galvin told the fall convocation of the School of Law Southern Methodist University. "This is the reality of what lawyers are all about," he said. Dean Galvin spoke in Karcher audito rium before several hundred students and faculty of the 40-year-?ld law school. Legal education too often emphasizes technical training while slighting two other objectives - the studies of reform and of legal philosophy. "The law schools have an important Convocation awardees: Seated, Mr. Wallenstein, Mrs. Karlsberg. Standing, left to role of leadership with respect to these right, Frank Hill, Joe M. Hill, Mr. Bickel. matters," he said, "and I would hope that our concerns about them would pervade every aspect of our operation." Donald C. Fitch Jr. of Jackson, Walker, Honors Given With regard to reform in the law - Winstead, Cantwell & Miller of Dallas, what the law ought to be as well as what made the presentations for the American At Convocation it is - Dean Galvin said that theoretical Society of Composers, Authors and Pub speculation is not enough. Six awards were presented at the fall lishers, sponsors of the award. "There must be responsible action, convocation of the School of Law South The Dallas Lawyers' Wives Club and to this end law teachers and practi ern Methodist University Sept. 20. award for the outstanding second year tioners give their time in public service Mrs. Pauline R. Karlsberg of Chestnut student was presented to Frank W. Hill, on commissions on uniform laws, com Hill, Mass., won two of the five awards Fort Worth, by Mrs. Taylor Armstrong, mittees that assist the legislators in draft - for the highest scholastic record chairman of the club's scholarship com ing new statutes and on legal research among first year students and for the mittee. second year student with the greatest projects that provide thoughtful analysis The Barrister award, presented by overall grade improvement. of trends in the law in particular fields." Robert McCain, went to James W alien She is the first woman to win the first Concerning legal philosophy as a basis stein of Dallas for outstanding scholar year student award. It was presented by for sound judgments, he said. "We have ship and attitude shown by a first year Marvin Sloman of Carrington, Johnson an obligation to know and to understand studenl. & Stephens, Dallas. Charles B. Tennison various systems of values so that we may made the second presentation to Mrs make judgments about the law rationally STUDENT BAR Karlsberg on behalf of Phi Alpha Delta and not emotionally." ~gal fraternity. Student Bar Association representa Lawyers and law students should be ., John W. Bickel, Mesquite, and Joe M. tives elected recently for the first year objective and open-minded about legisla Hill Jr., Dallas, won first and second, class are John Cravens, Corpus Christi; tive proposals, seeking to balance the respectively, in the Nathan Burkan com Overton Anderson, Pine Bluff, Ark.; interests of those affected by them petition for essays on copyright law. and Jerry Schmidt, Bedford. (Continued on Page 2) 2 THE BRIEF Congressman Sees Three Elected to Danger in Policy Board of Visitors Four cornerstones of the American Three prominent attorneys have been political fabric are drifting into jeopardy elected to the Law School Board of under present practices, U.S. Rep. Ger Visitors by the Southern Methodist Uni ald Ford of Michigan declared at a versity Board of Trustees. School of Law dinner Nov. 8. Serving three-year terms will be Henri The House Republican leader spoke at L. Bromberg Jr., Dallas; Associate Jus Umphrey Lee Student Center as an ob tice Joe Greenhill of the Texas Supreme servance of Southern Methodist Univer Court; and James H. Wilson Jr., At sity's semi-centennial and the law lanta, Ga. school's 40th anniversary. Re-elected for three years were Henry Congressman Ford expressed concern L. Bigbee, Santa Fe., N. Mex., and Jess about this nation's constitutional system T. Hay, Dallas. of checks and balances. The Board visits the Law School an He said he felt the executive branch of nually and reviews with the dean and the Federal government is becoming faculty every aspect of the School's oper bigger and more powerful and that the ation. judicial system "is elbowing its way into new areas not anticipated by those who -Dalin,-. N1~we Phn10. Goals Cited drafted the constitution." Gerald Ford ( Continued from Page l) "I can see the possible danger that, at some point, when the executive branch These protests, he said, encouraged agaimt the interests of the entire society. sends over a message, the Congress Hitler to miscalculate the strength and Bills on international policy; relations won't know whether to clap their hands unity of America and to plunge the between capital and labor; relations be or click their heels." world into war. tween private wealth and a public con Speaking of states' sovereignty, Mr. "I would only hope," he said, "those cern for poverty; assistance to the needy Ford said he was discouraged to see who carry placards today would remem are measures on which lawyers will en "some of the programs Congress enacted ber that those of 25 years ago actually gage in planning, negotiation and liti that by-pass the 50 states." helped plant the seeds of Buchenwald gation. He said he hoped that by adopting and Belsen. The seeds they sow today He noted that Dr. Willis M. Tate, modern constitutions and providing bet could lead to another disaster." president of SMU, recently was honored ter leaderships, the individual states may The minority's right to free speech nationally for his role in preserving be able to regain some of their lost must be guarded, he said, but at the academic freedom. In this campus at powers. same time they must hear in mind their mosphere of free and open discussion He also saw danger to the country's responsibilities not to abuse it. and with the opportunity to explore for political system. creative ideas, Dr. Galvin urged students "Since a year ago, we haven't had a Carl Albert Speaks to devote themselves "with great dedica true two-party system in this country," tion and energy to an understanding of he said. U.S. Rep. Carl Albert of Oklahoma, the role of law and the role of lawyers in "I feel very strongly that no minority Democratic majority leader in the House our country." party can sit on the sidelines and wait of Representatives, was to speak at a for a catastrophy or disaster at home or School of Law dinner on the Southern MOOT COURT abroad and move in." Methodist University campus Dec. 9. Representing the School of Law Mr. Ford said he is confident that the The veteran congressman's address Southern Methodist University in minority party recognizes its responsi was scheduled in the Umphrey Lee Stu Regional Moot Court Competition this bility to earn respect of the citizens of dent Center Junior Ballroom as part of fall were George Bramblett, El Dorado, America - to make a record, offer can the University's semi-centennial celebra Ark.; Tom Armstrong and David Pick didates and continue to build an organi tion and also observing the 40th anniver ett, both of Dallas. zation. sary of the SMU School of Law. ENROLLMENT In an interview, the 52-year-old lawyer and member of the Warren Commission, TAX ARTICLE A total of 521 students registered in said he does not place himself in the A tax article written by senior student the 1965-66 fall term of the School of running for either the presidential or John Michael Webb, Dallas, for the Law of Southern Methodist University. There are 172 first year students. vice-presidential jobs in 1968. Southwestern Law Journal was reprinted Twenty-three professors are members He mentioned what he called abuse of in the September, 1965, issue of The of the faculty. the right of free speech by a "small Monthly Digest of Tax Articles. The minority" of placard carriers protesting article is a topical note entitled, State The School of Law of Southern Meth the war in Viet Nam. They reminded Taxation of Interstate Commerce: The odist University is observing its 40th him of similar protests in 1940. Current Status. anniversary in 1965. DECEMBER 1965 3

Meet Examines Liability System Whether the system of liability based on negligence is outmoded as a means of dealing with losses from automobile acci dents was explored here Oct. 22 by two scholars in the tort field. The common law system is cumber some, slow, extravagant, marred by temptations to dishonesty and "loaded with unfairness," according to Prof. Robert Keeton, Harvard University Law School. He urged a "candid recognition of the principle that motoring should pay Insurance Institute: Justice Greenhill, Professors Kalven, Keeton and Ray. its way." Based on a study which he and Prof. with a comparative negligence rule, he Mexican Acade,ny Jeff O'Donnell of the University of Illi said, "what is there left to argue about?" nois made, Professor Keeton proposed The "cutting edge" of the problem Honors Three Men driver insurance under a basic protec shows up, said Professor Kalven, when tion plan which would provide for cover ways of financing a new plan are consid Three men prominent in Texas legal age up to $10,000 for economic loss ered. "If we had inexhaustible funds, circles were invested in the Mexican without regard to fault. Persons carry there would he no problem. It would he Academy of International Law at ing it would he exempt from tort liability easy to pay all victims." Puebla, Mexico, Sept. 25. up to $10,000 for economic loss and Actuarial studies are being made, said They are John N. Jackson, attorney; $5,000 for pain and suffering. Those Professor Keeton, to determine cost of Dr. Charles 0. Galvin, dean of the with claims above these limits would still premiums under the basic protection School of Law Southern Methodist Uni have their tort remedy. plan. He expressed the belief Lhal the versity; and J. Tom Suggs, Dallas, hoard Prof. Harry Kalven, University of savi-ng in the costs of investigation and chairman of the Texas & Pacific and Chicago Law School, expressed admira litigation would more than offset the Missouri Pacific Railroads, and a former tion and enthusiasm for the Keeton plan. increased awards. district judge. But he urged close examination of how In illustrating the idea that motoring Fellowship in the organization confers the present system really works before should pay its way, Professor Keeton with it the degree of doctor. discarding it. pointed out that it is possible to estimate The 155-year-old Academy, dedicated It is settlement practice, not the courts, the injuries that will occur on a certain to peace and international good will, has said Professor Kalven, that is "the real road. This figure can he reduced by a membership of distinguished interna home of tort cases." In the 95 to 98 per improving the road. tional lawyers and judges, ambassadors, cent of cases that are settled, he suggest "Is it fair," he asked, "to economize ministers and heads of state. ed that many payments are made without and expect the cost to he paid by the regard to a true fault system. In fighting Only two other Texans have been so unlucky persons injured? There is a over the mode of handling the remaining honored by the Academy. great element of fortuity in who has two-to-five per cent of cases, are we, he While in Puebla, the three Dallas men accidents." asked, merely talking about paper law? also received diplomas as members of Dr. Charles 0. Galvin, dean of the Associate Justice Joe Greenhill, Su honor in the Ilustre Colegio de Abo School of Law of Southern Methodist preme Court of Texas, presided at the gados de Puebla, A. C. (Illustrious Col University, introduced the speakers, conference which was in charge of Prof. lege of Lawyers of Puebla). noting that it was a return home for Roy R. Ray of SMU. Professor Keeton, who began his teach The chief complaints, said Professor ing career at SMU. Attending were at JAPANESE JUDGE VISITS Kalven, are of congestion in the courts torneys, insurance company executives, Judge Chuichi Suzuki, president of the and of uncompensated losses caused by law professors and students. Legal Training and Research Institute, financial irresponsibility or the bar of Supreme Court of Japan, visited the Law contributory negligence. He said it is a School Oct. 21-25. mistake to let the question of court CENTER OPENED congestion overshadow the issues be A publications center with offices for The Institute is the body that screens cause overcrowded dockets are not the the Southwestern Law Journal and Jour Japanese applicants for admission to the rule in all areas. nal of Air Law and Commerce has been School of Law at SMU. On the other· two complaints, Profes opened on the ground floor of Storey sor Kalven declared that compulsory Hall. The complex of eleven offices in the The School of Law of Southern Meth insurance is not incompatible with the west wing, formerly was used as an odist University was established in Feb common law system. If this is combined informal lounge. ruary, 1925. 4 THE BRIEF Law Scholarship Donors and Students I-lonored at Dinner

Donors and recipients under the Law Wilton H. Fair: Rex G. Roberts, School's growing scholarship program Dallas. were honored at a dinner this fall in the B. Felix Harris Memorial: James E. Student Center. Barnett, Dallas. Financial assistance totaling more W. R. Harris Sr. Memorial: Jesse than $100,000 is being extended this Heath, Madisonville. year to 123 law students and graduates. Jackson, Walker, Winstead, Cantwell Prof. Roy R. Ray, scholarship committee & Miller: Ronald Palmer, Corning, N. Y. chairman, announced the awards. Jenkens, Anson, Spr(l(lley & Gilchrist: In addition to scholarships which Robert B. Davis, Houston. carry financial assistance, certain out Johnson, Bromberg, Leecls & Riggs: standing scholastic achievement has been Anthony Schlesinger, Dnllas. recognized by naming students as Dean's Erin Bain Jones: Charles A. Thomp Scholars. This year's Dean's Scholars son, Grand Prairie. are Miss CaMille Bruce, Mrs. Reba Ra John Leddy !ones Memorial: Frank sor and Sam P. Burford, Dallas; Glenn W. Hill, Fort Worth. Paul D. Lindsey: Ronald L. Wilkin Johnson, Houston. Law Ambassadors: Left to right, Mr. son, Dallas. Favrot, Miss Bruce, Mr. Clower. Named scholarships and their recipi Locke, Purnell, Boren, Laney & Neely: ents for this year are: John L. Primmer, Dallas. John E. Hickman Memorial: Rodney Senior Students John F. Pipkin Memorial: Thomas D. Moore, Dallas. W. Armstrong and Douglas Thorpe, G. C. Morton: James T. Curtis, Gar Visit as Ambassadors land. Dallas; John W. Bickel, Mesquite; Mrs. Experiences of three senior law stu Charles Shirley Potts Memorial: Ger Faith F. Em ry LaMarque; Alfred J. dents have demonstrated how cultural Harper, Midland; Th

Jurists Recommend Opportunity Lectures Ambassadors Roles for Lawyers Eleven lectures on Opportunities in (Continued frorn Page 4) The Law are being presented by alumni Delegates to the Central American of the School of Law under auspices of Except for a nine-day trip to Moscow Jurists conference adopted recommen the Advocates of Lawyers Inn. and Leningrad, Mr. Favrot lived with a dations that call on lawyers and law Alumni who conducted the lecture-dis middle-class family in Warsaw. He schools to fill vital roles in support of the cussions are 134th District Judge found among the Poles a feeling of Central American economic integration Charles E. Long Jr., Dallas; Edward A. warmth and kinship because of the many movement, similar to Europe's common Copley Jr., Fort Worth; Richard M. families who have relatives in America. market. Hull, New York City; Harry L. Crutcher And, despite the sometimes bleak aspects The three-day conference, hosted by III, Washington, D. C.; Edward R. of life under a socialist regime, he the School of Law Southern Methodist Smith, Lubbock; Ward Stephenson, develop d a de p admirati n for the cow·ag with which the Poles have hung University, was held on the campus in Orange; and W. Forrest Smith, Marshall on to their culture and traditions October as an observance of SMU's J. Doke Jr., Lester V. Baum, Joseph J. through a turbulent history. semi-centennial. Lastelick and Barney Timmins Jr., as Attending were attorneys, law school sistant U.S. Attorney for North Texas, During the school year the three am faculty and government officials from all of Dallas. bassadors will show slides and give in Honduras, Guatemala, Costa Rica, El formal talks on their experiences. These Salvador and the United States. will be aimed both at a sharing of Publication of a periodical to list international understanding and the pos The recommendations included: agreements, decisions and resolutions of Initiation of a campaign to give Cen sible recruitment of more ambassadors the organs of the Central American for next summer. tral American lawyers a more decisive common market. The trips were jointly underwritten by role in the movement. A request that SMU continue its im the Law School, Experiment in Interna A study into the possibility of creating partial interest in improving the juridical tional Living and the individual partici in each Central American law school a progress of Latin America; that the pants. chair dealing with legal aspects of the School of Law include in its comparative common market. legal studies program certain courses Suggestions that Central American dealing with legal problems of economic Two Visiting Professors Universities set up special courses, semi integration; and that the Law School To Teach at Law School nars, symposiums and conferences to give more scholarships to Central Ameri evaluate economic integration activities. can students. Dr. Joseph P. Witherspoon and Prof. An investigation of how to get finan Speakers at the two luncheon sessions Richard Cosway have accepted invita cial help for Central American schools of were Henry A. DuFlon, director, and tions to be visiting professors of law at law to serve the movement better. William V. Skidmore, legal adviser, both SMU in 1966-67. A study into the possibility of estab of the regional office of the Agency for Dr. Witherspoon, law professor at The lishing a special Central American court International Development, Central University of Texas, will teach Constitu with jurisdiction over legal problems America and Panama, with headquar tional Law and Legislative Process. His arising from economic integration. ters in Guatemala City. degrees are bachelor of arts, University of Chicago; bachelor of laws, The Uni versity of Texas; doctor of science of law, Harvard University. Professor Cosway teaches at the Uni versity of W ash.ington. He took his bach elor of arts fr m Denison University in Ohio and bachelor of laws at the University of Cincinnati. He will teach Uniform Commercial Transactions. Dr. Witherspoon has just contributed an article, Civil Rights Policy in the Federal System: Proposals For a Better Use of Administrative Process, to 74 Yale Law Journal 1171 ( 1965).

Attending SMU School of Law in the 1965-66 fall term are 365 students in the day division and 156 in evening classes. , Central American lttrists Me t. l. eft. to right,, Dr. A. ]. Thom.as fr., There are 140 second-year students; Skidmore; Dr. Rafael Zea Ruano, Gtiaternala; Dean Charle 0. Galvin, SMU; Dr. 133 third-year; and 39 fowth-year stu Reynaldo Galindo Pol,,/~ EL alvMior ; Jorge /dnner Klee, Guatemala· ancl Fernando dents. (Evening classes require four Fournier, Costa Rica. years for graduation.) 6 THE BRIEF Four Men Join People Faculty and Staff Mr. Jess Hay, SMU Law Alumni Asso Four men distinguished in their fields ciation President, has been elected presi have joined the faculty and administra dent and chief executive officer of Lomas tive staff of the School of Law Southern & Nettleton Financial Corp., Dallas. He has been a partner in the Dallas law firm Methodist University. of Locke, Purnell, Boren, Laney & Neely They are Saul W. Baernstein, Richard for the past ten years. W. Hemingway, Lawrence D. Lee Jr. and J. B. W olens. Hemingway Wolens Visitors to the Law School this fall Mr. Baernstein, an honor graduate of include Dean Vernon Miller of Catholic Dartmouth College and the University of University Law School, Washington, Texas Law School, is teaching Criminal D.C., president of the Association of Law. He also is assistant director of the American Law Schools; Nabil El-Ghazzi, SMU Law School Legal Aid Clinic. He president of the Supreme Administrative was casenote editor of the Texas Law Council of Damascus; and Sabah El-Ri Review and assistant debate coach for kabi, president of the Damascus Bar the University while in law school. He is Association. reporter for the Institute for Judicial Prof. Alan R. Bromberg of the Law Administration. Mr. Baernstein lives at School faculty spoke at the Texas Tech 4011 Cole. nological Tax Institute Oct. 8 at Texas Mr. Hemingway, assistant professor of Lee Baernstein Tech in Lubbock. law at Baylor University the past five Profs. Arthur L. Harding and How years, is teaching Estates and Texas University, Mr. Lee is teaching Torts ard !. Taubenfeul represented the Law Land Titles. Professor Hemingway prac and Land Use Planning at SMU. His School at the World Peace Through Law ticed with Fulbright, Crooker, Freeman, degrees are bachelor of arts, University onference in Washington, D.C. Bates & Jaworski of Houston for five of California at Los Angeles; bachelor of years and taught at the University of laws, University of Southern California; Mr. Taubenfeld also delivered a paper Houston Law School. master of laws, Harvard University. He at the Nov. 5 meeting of the Southern He graduated from the University of belongs to the honorary Order of the Political Science Association in Atlanta, Colorado and took his bachelor of laws Coif. He worked on the International Ga. in 1955 from the SMU School of Law, Legal Studies Program at Harvard. Mr. where he belonged to the honorary legal and Mrs. Lee live at 3702 Harvard. They bachelor of laws in 1962 from SMU, fraternity, The Order· of the Woolsack. have three children. where he belonged to The Order of the The Hemingways and their three chil Mr. Wolens, who practiced law in Woolsack. In Wichita Falls, he practiced dren live at 1303 Seminole Dr., Richard Wichita Falls, is assistant to the dean of with Eggers, Sherrill & Pace. Mr. and son. the SMU School of Law. He is a gradu Mrs. W olens and their three children live A former teaching fellow at Harvard ate of Rice University and took his at 6018 Desco.

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