Arizona Advocate, Vol. 9, No. 5 (January-February 1975)

Item Type text; Periodical

Authors Student Bar Association, College of Law, University of Arizona

Publisher College of Law, University of Arizona (Tucson, AZ)

Rights For non-commercial educational or personal use only. All other rights reserved.

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Link to Item http://hdl.handle.net/10150/610991 IINI\'EitSIT\' of i\ltiZftNi\ 1:~t1.1.1~1m ltl1 1.1\\Y vm .. !I ISSIIIl S Ji\NIIi\ltY, l'llllltlli\ltY 197S

Committee Studies Babbitt. What's Missing In law Schools by Jim Craft Ad vocate Executive Editor A c o mm i t tee e s ta b l is h e d l ast Novem ber to stud y the quality o f the state's two law schools has begu n its research with a p olling of state bar members. The Ari zo n ~ Board of Regen ts created the committee and an advisory g roup of yet unselected m embers to determine what failings, if any, the bar finds in law graduates from the schools, a ccord in g to commitlee membe r William Kimble, a Tucson atto rney and lecturer at the Arizona College o f Law. A "combination of events" prom pted 25% on Probation Regents President James Ellio tt Dunscath to pro pose the s tudy, whic h h e estimated will require at least nine mo nths to Students Challenge-Grading Policies complete. One of the events was the failure of Grading policy at the University of past, disqualification occurred only after He added, "Students work harder here about 50 per cent of the law graduates Arizona College of Law has been a full year. than in other law schools with which I am who took last February's bar exam . questioned by first year students this Action by the committee at a acquainted . There's a faculty "That shook me up," said Dunseath , a semester after over one quarter of their February 7 meeting resulted in letters commitment here to rigorous training Tucson attorney. class was disqualified or on probation being sen t to 39 first year students on not true elsewhere." He added that figu res over the past following first semes ter. p robation. Figures provided 24.8% of the class had a by Jean English, several years showed a proportionately According t o Professor Arthur cumulative grade average of Below a 2.0 admissions evaluator, ind icate"" that at the low number of Arizona graduates among Andrews, chairman of the Executive ("C"). same point in 1974, only 13 .7% of first the top 20 scorers on the Arizona bar Committee, nine students, or 5.7% of the Law Dean Joseph M. Livermore, who year students were on probation ; in 1973, class, were disqualified for having less has met with students upset over the large 14.8% and in 1972, 18.5%. At the end of than a 1.0 ("D" ) average. This year was numbers in academic difficulty, says he the 1973·74 academic year 6.3% of the Dunseath added that some members of the first that students were disqualified has " no reason t o think the grades first year class was disqualified. - the bar had told him they planned to aftet one semester in law school. In the inappropriate." Minority students, English said , bore recruit from schools outsi de the s tate. the brunt of all disqualifications after last "The report from the committee semester. Of 9 disqualifed first year hopefully will tell the regents what the Economics May students, 2 were minority group lawyers would like from the s tudents - Mean members. A total o f 5 second and third what would make students more year students were also disqualified and 4 attrac tive to Arizona law finns," Cuts In Academic Program of those were minority students. (Cominued on page 1 2) by Bill Bl aser The proposed budget for the College Advocate Associate Editor of Law is up 2.3% from last year's figure. Law Dean JOseph M. Livermore Plans have been developed to allow for a Morgue Investigations reports that the current economic 6%, a I 0% or a 13% legislative cut from downturn may have a potential impact on the proposed budget. The final decision by Margaret McConnell possible homicide and it looks very much law school employment, c urriculum and will be made by the legislature when it Advocate Associate Editor like a homicide and we can think back in admission policies, but that fi nal passes the Appropriations bill in May. An 18·year-old boy and h is twin our experience when we've seen other decisions await legislative budgetary Generally, the impact would affect _brother drove into town from the East to cases which have similar findings that action. employment ; a 6% cut would cause a visit some Tucson acquaintances. The turned out to be s uicides o r a ccidental Livennore was asked what the results "loss" of I professor, 1 secretary and I brothers and their friends went deaths," Dr. Hirsch says. of the general eConomic situation migh.t library staff member. A 10% cut would barhopping and somebody saw one of the (Continued on page 1 J) be on the immediate future of the law result in a loss of two in each category twins take some pills. Later that evening, school. Although he indicated that at this while a 13% cut would eHminate 3 each. the group adjourned to the friends' time it was impossible to tell what might When asked if this c ut in staff would house. In the morning, the young twin happen , he predicted possible be through forced retirements or layoffs, lay dead. ·consequences. Livermore said no. New faculty positions An obvious case of drug overdose, it would not be created and natural losses was called. But when Dr. Louis Hirsch, would not be filled. coroner's pathologist for Pima County, i11sitlc Livermore emphasized that the main performed an auto psy on the young man, effort under any circumstances would be it was discovered that the teenager had AN INSIDER'S GUIDE to Arizona's towards serving the needs o f those suffered a massive heart attack. courts: A pictorial survey of major already at the school. Fall admissions " He had a twin," Dr. Hirsch courthouses likely to be approached by levels are not expected to be affected by emphasiZes. " Both these boys were budding lawyers .. the cuts. adopted and they knew nothing about Page4 Livermore indicated that other their parents. This was important in sofar " PlAt N SPEAKING": This issue possible savings could include dropping as the twin is concerned so that he could presents a new feature - the book under-enrolled seminars or teaching them have his blood checked to see whether he review - for the d81ight and delectlltion in alternate years to prevent their has got elevated cholesterol and perhaps of re"aders. The first takes a look at the complete loss. As well , the number of on the basis of diet avert the continual Harry S. Truman story. seminars per term might be limited to progress of arteriosclerosis. To me this f Page 10 increase the enrollment in those offered. was an extremely interesting case. It CASEBOOK METHOD ABANDONED : There would be no impact o n new shows that we c an do some good for the Southwestern University College of Law courses, but all courses would be living." has just begun a new program designed monitored to insure minimum enro llment Dr. Hirsch has been a corner's to avoid the casebook method and levels. pathologist in Tucs emphasize an integrated approach to the on since 194 7 a nd is teaching of law . Professors may teach more and larger one of about thirty doctors in the PageS classes. Fewer outside resources would be country who is a certified f o rensic used, and internal sources would be pathologist. Forensic in this sense o f the YOUNG LAWYERS in Arizona have an u til ized to fill needs where possible. word means organization that's moving fast . They're " used in a legal proceeding" studying marijuana laws corrections, and Livermore anticipates no other majo r and Dr. Hirsch's task of securing o bjective the bar eJCam for possible reform. changes, emphasizing that the e xtent of medi colegal evidence in traumatic or Page10 legislative action will determine the unnatural deaths is one of extreme future of law school programs. importance to the lawyer. '------:~~~:---.-.1_ · "Sometimes a case comes in as a photo by AlAn M•tulh Digitized bJ the Daniel F. cr. '"Chio/o L.rw Library; James E. Rogers College of Law, University of Arizona. All Rights Reserved. ~ Sllllllll;lfittll .,- ROOM AT THE TOP? "The Ameri can Bar Associa tion, positions and further investigate All is not rosy fo r new law school graduates wh en it can and to as well as state and local bar and publicize the develo ping areas graduates. In fac t, the national job encourage new developments which associa ti ons and law schools, in traditio n al practice and pic ture for entering lawyers is will utilize their talent. should info rm the public that o the rwise w hich offer n ew becoming increasi ngly grim. The bar and the law school share there may not be suffi cien t opportunities." law students tend to attribute this jointl y the resp o n sibility for positions in the ncar term in some state of affairs to the bar's fear o f inves tigatin g an d publicizing traditional fields of legal practice American Bar Association, competition. But statistics clearly employment possibilities outside the or in some geographic areas for all Report of the Task Force on show that in fact there are many fewer traditional areas for Jaw school those who may seek such Professional Utiliza tion ( 1972) law jobs than law graduates, and that graduates, and for dispelling the the disparity is likely to increase widespread myth that Jaw school is du ring the next few years. only for potential lawyers. Comment -""""'""""'""""'""""'""""~~ \La rge r numbers o l students are The · probability of mo re o f its crea ting the problem. According to a graduates going into jo'bs which will not require technical skills s hould also \1 recent article in the Journal of l~ egal II ERA Meets Petty Politics Education, law school enrollments be considered by the law school in The swee t, clea n, unpolluted air of demand a simil ar result for his political have more than dou bled sin ce J 960 assessing its priorities in curriculum Ari zona has rcccnll y become infected future. with the most substantial gains s ince o fferings. Budget cuts s hould not be aJiowed with the smell of small -tim e petty Proponents as well as o pponents o f 1970. Prese ntly, law students number to c ut stringe ntly into the politics. The odor can directly be the E.R.A. demand legislative action over II 0,000. courses this law school n ow offers to the generalist-minded Jaw student. traced to the c hairman of the Arizona and not the soft shoc shuffle of Students arc better qualified than House. Commc.rcc Committee, James back room deals. We must clean before and , nationally, they are • Sara Pratt Skelly, R- Phoenix. Ari zona's air and rid ourselves from remai ning in school in higher This legislator has singlehandedly the shackles of such petty politics. An percentages. The average passing rate seen fit to e liminate the E.R.A. active campaign against the arbitrary fo r bar exams rose from 609'o in 1959 co ns titutio na l :1mendment from c hairman's position must be to 72% in 197 1. ill IIICIIIOI"inlll. consid eration by his comm iltee. Skelly immediately instigated. At the sa me time, figures released has success fully destroyed any chance The citizenry of Arizona is the o nly by the Bureau of La bor Statistics and l.cc l~••ltCI"f o f passage or consideration of the force adequately strong enough to Lee Rupert wasn't a student at the amendment this year. Because of his change the mind quoted in a recent issue of Newsweek of James Skell y. Universi ty of Arizona College of Law. position and belief, there i s no reason Pressure from the public must be project that only around 19,000 legal That was his point. For five months not to believe Skelly will continue this quick, forceful and decisive. positions will open each year until he practice as long as he remains I recomm end t he following course 1985. Compared with an estimated waged a courtroom battle against the chai rm an of t h e Commerce of peaceful protest. I caJI upon aU the 1975 graduation figure of 29,000, law school, seeking admission. He had legal jobs must inevitably be at a Committee. ci ti zens of this state to mass for public been trying for seven years to get into premium. Mr. Skelly seems to be of the o ld d emonstration . D emon s tra tions law school, had taken and retaken the line of politics. lie successfully uses his designed to picket James Skelly Law graduates have traditionaJly, in LSAT, had gone to graduate school in posi tion and power to abuse the wherever he may go. Picket his rather smaJI numbers, gone into fields corrections. other than Jaw. One result legis la t ive process. His arbit rary res idences. Picket his place of of the He was emphatic in his belief that tougher market must be that more will handling of the E.R.A. amend men t is a employment. Picket his legislative he could succeed in law school; he classic exampl e. be forced to seek employment in areas o ffi ce. Pi cket twenty- four hours a day, conducted his case alone; he was a The amendment is perhaps the 365 days a year. which are in creasingly less directly Pi cket until he thorn in the side of administrators. He most dynamic issue of the .decade. It real izes that Arizonans are seri ous related t o law than the usual non·law was an advocate, stubbo rn and proposes to do for women what the about thei r con st itutional and jobs in po li t ics, busi ness and fourleen th amendment has done fo r legislative processes. management and tax. outspoken in hi s own behalf. He mino rities. AJready th irty·three state If necessary, James Skelly must be American Bar Association President persevered against popular opin ion and legislatures have rat ified its c ontents inu ndated by a s urge of public James D. Fell ers has recently been admini strative barriers. In short, Lee while s ixteen o th er state jurisdictions se ntim e nt demanding legislative quoted as co nceding that the c urrent Rupert had many of the q ualities we are se rio usly considering its passage. action. No lo nger can important job outlook is bad. He s uggests that look for in a good auorney, except the Yet Skell y insists upon defeating the pressing issues be swept under the rug action by the ba r will result in h igh undergraduate grades and LSAT measure without open House debate of neglect. We must let Arizonans lowering the costs of legal services and scores he needed to get a legal providing ways of financing mo re legal or vote. This act i s an outrage to the dec ide , thro u gh the ir elected educatio n at this law school. citize nry of representatives, the aid. Along with a fa mous fi ctional Arizona and an apparently future of the Lee and h is wife, Leslie, were legal fraud o n all proponents o f the E.R.A. James Skelly canno t and will lawyer/detective, we may beli eve' six murdered February 1, 1975, by an as measure in Arizona. no t be allowed to d ictate his whims to impossible things before breakfast, but yet unidentified Skelly must be castigated for his the entire legislative body by the that is not one of them . Such action assailant. actions. The effect o f Skell y's power au thority of his positio n. No man, not by the bar will, of necessity, come His family has suggested that politics have al re:1dy dethroned four Ri chard ' Nixon, no t James Skelly, is slowly and begrudgi ngly, if at all. contributions in his memory be made such congressional kingmakers in the more powerful th an the people he Law students s hould, however, be to th e Seventh Step Foundation, an Unit e d Sta t e s H ouse of represents. Skell y has made his able to rely on the bar not to cut ba ck ex-offender program which Rupe'rt Repre se ntat ive s. The apparent d ecision. We must make ours. unnecessarily o n thei r hiring. The bar helped start. ramificatio ns of Skell y's acti ons • John Kaufman does have an obligation to absorb •Sara Pratt Letter s to the Editor To the Editor: requirement that everyone must have There is a bit of a hush around the at least a 2.0 to graduate, what has the law school lately. You don"t hear admi n istration accomplished with Editor·in.Chief mu ch conversation about grades, thei r most recent ex pulsion? Was the Sara L. Pro 1t about standards, or about law school pu rpose to o pen a sea t in the Managing Ed ito r policy. Particularly , you don't hear third-yea r class for a more eager La wrence H. Fleischman these subjects di sc ussed among those student? Was it to protect the Business Man age r wh o need to be concerned about it. profession? Was it to blindly vindicate Robert Fleming Those who hav e no need of concern, their set of rul es? Photographers a ren't. Wh o knows? Wh o kno ws what the Michael Lex, Alan Metcalfe, Michael Prost, Charles Wirken There is a good reason. The purposes are? Wh o kno ws when the Execu tive Committee. et al, have conditions and rul es will be changed Executive Editors Associate Editors wielded their power r andomly and and who they will be appli ed to? Who R oger W. Archer Barbara Atwood Richard Strohm forceful ly. Jesus Ra mo is the latest knows what decisions are made and Joseph Bcrtoldo Bill Blaser Tanis Toll attestation in a g rowing list. With only why in closed and secret meetings? David R. Cole Brad Booke Clyde Y. Vanderbrouk twelve hours left and the s tanding Steve U'Ren Jim Craf t Nikki Chayet R . L. Van Deren ------Nina E. Preston Carol Contes Lawren ce Weeks To the Editor convoluted L ogos bubble, for being a John Fioramonti Dennis Gray One flew cast, one fl ew west , one fresh perspective which prevented us Susan Neumeyer Rhonda Idle Contributing Editor fl ew over the law school's nest. fro m ca tatonicall y leaning over and John R. Perry Norman Kotler Bruce Burke sali vating o n o ur thin, s lick attache Gary L. Tate Tom Luikens We would like to lament the cases while coaly maintaining in tense, Margaret McConnell Advertising Sales disappearance o f o ne of our many furrowed brows and the requisite K el/y Robertson Gary L~ Tate d early departed, Jesus Romo. We poignant, gesturing hand. would like to voice our disgust with But we s uppose Ra mo is the lucky Special Editor for the Legislative Supplement the recent ouster o f R omo who had one. He got only the shock t reatment, Quinn Williams thirteen units to go before he could while the rest of us are stuck with Sports Editor exhale, graduate that is. As his sliced tear ducts and legal-ea gle Richard Gonzales classmates, we appreciated this now lobo tomies. academically silent voice for being o ur Peter Allen Secretary piJJar of sa nity in the midst of this Julie Lauber Jan Suarez

Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of ArizoniJ. All Rights Reserved. As pOsitions for law graduates maturity level. Good grades without shrink, the potential candidates should responsibility don't mean much." become aware of the qualities This background is not just in a employers arc seeking. In an attempt legal context but generally showing to determine those qualities, a modest responsibility - e.g., military service, canvass of opinions was taken in outside jobs, activities, marital status. Tucson •. Phoenix , and San Diego. As one judge put it, he looks "for Ra ther than a hit-and-miss experience in living, other than being solicitation, certain se lected employers just a student - a well-rounded were interviewed to get a broader base; individual whose background matches small and large firms, county attorney the pe rson's interests." offices, state and federal benches, and public action firm s were approached. PREFERENCE FOR CLERKS Trial experience or clerking is The general factors discussed were considered an asset as well. It is a writing ability, work experience, hirer's market and those personaJity , grades, curriculum, with experience have the edge. While many ex trac urricular activities, and indicated judgments based on "gut" feelings. law review is a n asset in establishing work habits, a preference The predominant comment was the exists fo r those who have clerked for graduate's ability to write well. As a good finns. local lawyer stated, "the most obviouf weakness is the inability to express A judge indicated that research and writing oneself in writing. This is possibly a can be done by most persons with result of a deterioration in ability to reasonable expertise when there is communicate and conceptualize which unlimited time; however, clerking or working th stems from grade school and high in e field sharpens talents school." since one does not have much time and examples of that work are more Another even alluded to the indicative of operative ability under problem as " part of the growing trend pressure and application to reality . of illiteracy." One judge felt that a One's personality and background glaring lack of writing ability reflects should renect an ability to work hard an inability to convey ideas and and sacrifice time in dedication to thoughts, and c hances for clients' work, an ability to isolate improvement while in law school are issues and recognize important ones, slim . The best way to evaluate an and an ability to follow through with applicant's ability, he suggested, is to preparation and presentation, one see a sample of writing - law review attorney suggested. In addition, one photo by Chn. Wlrtle" articles, clerking memos, or substantial must be presentable enough to be able papers. humor, law can destroy you," A judge also suggested that to relate to the type of client - a commented one judge. graduates s h o uld not be advocates An interv1ewer for a large finn reference not necessarily to Another fault seems to lie in the for change in spite of the law, but suggested, "Doubly important is to appearance alone but to attitude as individual overestimating his or her within the law by petition through look at work experienc e to make sure well. ,\ ability ...Graduates are not aware of legislation. Courts cannot hear all sides the person is willing to put in the time Of course, a final judgment is the value of a new lawyer to a finn," or issues within its forum and are that is necessary to become a good rendered on the basis of the interviews said one lawyer. "Too many think restricted to the interests involved in lawyer. To have a 9-5 setting is ideal themselves and amounts to a graduation and a lice nse are enough." the specific case, not that of the but we are dealing with a profession somewhat visceral judgment. One public. One lawyer commented that and the time has to be put in initially. GRADES comment concerning students in "the less esoteric courses are better A candidate needs good work interviews was that if they appeared to The opinions on the validity of with competitive atmosphere - types experience showing aggressiveness. It is be too intent or grim, one must worry grades as a measuring device were the of courses won 't get you the job but a an essential ingredient as a measure of about the student. "Without a sense of most varied. Some felt that grades background in the basic courses is an were overstressed even though they absolute prerequisite." allegedly show the individual's competitiveness in a closed EXTRACURRICULAR ACTIVITIES environment or ability to grasp topics Some felt that extracurricular quicker than others. These individuals activities are of value: " Persons who felt com mon sense was more are active within reason are generally important than grades and that they good lawyers because they are doing wanted "good lawyers, not students." things that are not just found at the So You, On the other hand, others said they only interview in the top 1/3 or 1/4 of the class "regardless of what anybody "Without a sense of says to the effect that the bottom humor, law can destroy graduate of today is better than the you." top of ten years ago." Most of the lawyers and judges with this viewpoint said that this is a mechanism to set a end of their noses. If everything falls starting point and does not necessarily into line, activities are considered an exclude those in the lower parts of the asset since they indicate a kind of class. person who felt some obligation to do something beyond self-centered CURRICULUM interests." Concerns over the curriculum that a On the other hand, other attorneys graduate has taken depend upon the questioned the value of extracurricular position that needs to be filled . No activities as applied to learning law specific curriculum is desired by itself. Too much activity indicates attorneys as long as the subjects fit the a lack of direction ''analogous to a ship individual and his true interests. One without a rudder." Do You? repeated observation was "the Most felt that a reasonable amount of activities were necessity of taking basic courses with an asset as long as the perfonnances practical aspects weaved in with the of the individuals were not affected iron~lad doctrines." substantially. These courses would be those with ln summary, legal employers are more practical e mph asis and interes t ed in the . well-rounded explanation to students about what individual with good grades, direction, practicing law is all about - lawyers' desire, and some practical experience. ~ R. L. Vtm Dtrm roles, loyalties, and priorities. " It is A detailed list of standards will never one thing to learn ethics, and another adequately include all the Advoea~ Auoeia~ to apply them." Editor considerations. As one judge puts it, The emphasis on the taking of basic "What it gets down to is a pure gut courses is necessary in order to combat feeling - either you want to give the the individual who becomes so steeped individual a try, or you don't" in theory that adaptation to reality is Or better yet, the value of vague too difficult. Theory courses standards at the initial hiring stage encourage abstract reasoning and were summed up by the following legislation by lawyers rather than their statement : ''Imm easurable true purpose of interpretation of law imponderables that make a good - a prostitution of their position, one lawyer can' t be judged until actual employer argued. practice."

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Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University ofArizona. All Rights Reserved...... ~ ...... 5 Law Schools Chart Record Enrollment Jenckes Competitors Law school enroll ment is at an women; in 33 schools 30 per cent ABA-approved law school. ali-time high, but the rate of of the entering class were women; The ABA provisiona ll y To Debate In Tempe and in 9 schools 40 per cent or approved five new law schools last increase has slowed substantially, Two University of Arizona by the winning school. The year - Brigham You ng University, according to the American Bar more of the entering class were College of Law students will winning team members also women," White said. Franklin Pierce Law Center, Association. represent the school at the receive a minaturc o f the trophy University of Hawaii, Southern Women and minority group and a substantial finan cial prize. Women outnumbered men Illinois University and Western Jenckes OraJ Advocacy contest in enrollment fa r outpaced the 66-6 1 in the first-year class at New England. These schools had Ap riL Selected in preliminary Ar izona has won the trophy over-all percentage increase for team competition in Tucson Northeastern University, Boston, 1,1·16 students-enrolled in the fall the l a s t~ two years th rough the the 1974-75 school year, the ABA February II were third year White said. of 1974. efforts o f Brent Adams and Jim said. students John Lyons and David Male enroll men t in approved St roud, now graduates. Total enroll ment in the 157 White said that first-year, Hardy. law schools dropped from 89,342 Local judges for the Tucson ADA-approved law schools for the in the fall of 1973 to 88 ,925 last part-time enrollm ent last fall Three students tied for the f3U quarter, 1974, was 11 0,7 13, a actuall y decreased 1.3 per cent, arguments were Wi ll iam Kimble, fall, a decline of Q.5 per cent, individual best argument: David Jack Redhair, William Browning, 4.34 per cent increase over the White said. from 6,8 16 to 6,727. Hardy, Chas. Wirken and John 1973 enroll ment of 106,102, and and Dean Joseph M . Livermore. One reason for the slowing of Fioramonti. more than double the enrollment The sudden upsurge in law Other participants from the first-year enroll ment, White said, of 54,265 a decade ago. school enrollment, which began in The contest is sponsored by Jaw school were Tom !·Iiggins, Ed is the product of deliberate action the fall of 1971 , was reflected in the Arizona Fellows of the Vincent, Maureen George, Walter This year, there was a 30 per taken by law schools to improve the increase in J.D. or LL.B. American College of Trial S. Michael , Kathleen Sheedy, cent increase in the number of their faculty-student ratios. women law students, to 21,788, Lawyers, and members of the Su san Winte rmute, Julieta or about one-fifth of thf1 total law group will judge the annual Gonzalez, Raner Collins, Bruce "As they expanded new skills competition between students at school population. This compares See Editorial training and clinical programs in Preston. and Ri ck Strohm. with only 2,183 women law A rizona State and Arizona their third year, the schools Colleges of Law . students in I 964. reduced or did not increase the Minority group enrollment Poge2 siz.e of the 1974 entering class," The contest, named for Joseph increased 9.6 per cent, from 7,60 I White said. S. Jenckcs, Jr. , has as its stated in 1973 to 8,333 in 1974. The o bj ec t i ve ' 'to establish and Two accredited universities maintain an integrated group of enrollment of blacks grew by 178, degrees awarded during 1973, or 3 .6 per cen t, and of admitted their first law classes last lawyers skilled and experienced in when they jumped to 29,045 fall - the University of Dayton in the trial of cases. " .Mexican-Americans by 98 , or 7.7 from 27,756 the previous year. per cent. The figures were Dayton, Ohio, and Nova Npw in its fourth year, the University, Fort Lauderdale, Fla. THE ADVOCATE compiled by the ABA's consultant The -professor said registrations contest shifts annually between on legal education, James P. Three universities have announced for the law school admission test, the two schools. This year's informing the White, law professor at Indiana plans to open law schools this competition is scheduled for April to be given in February, are about year. They are Lewis University, Un iversi_ty Indianapolis Law even with last year. II in Tempe. lega l community. School and dean for academic G len E ll y n , Ill ., and Pace The College of Trial Lawyers planning and development for First degrees in law awarded by University and Touro Coll ege, has provided a trophy to be held I ndiana Uni-versity-Purdue ABA-approved schools have both in New York City. University at Indianapolis. increased more than 2Yz· times White said the total increase in since 1964, reaching 28,739 in the law school enrollment for the fall year ended last August. of 1974 is the smallest, both numerically and in percentage, At year's end, there were since the fa ll of 1968 when Jaw approximately 385,500 lawyers in school enrollments actually the United States, White said. decreased. In an article ap,pearing in the The Valley Bank White said his data indicates February issue of the American there is now no discrimination Bar Association Journal, White against women in admission to pointed out that every law school approved law schools. but one reported no vacancies in Trust Department " In the fall of 1974, 9 1 its first-year class in 1974. In approved law schools had entering 1973, for the fi rst time there was classes in which 20 per cent or not a single unfilled scat in the mor e of the students were first-yea r c l ass o~ any welcomes "Lord Of The Flies" your inquiries -set For Tomorrow The fllm adaptation of William through the barriers which about our services. Golding's Lord of the Flies will be separate the different disciplines." presented by the Law and Society There is · no charge for Film Festival tomorrow, February admission to the Festival 19 , in the Liberal Art s pr ograms, but donations are Auditorium. The movie will begin accepted. All presentations are at 7 p.m. and wil l be foUowed by open to the public. an informal panel discussion on the implications of Golding's story. Scheduled for the panel are "Tell It E. Adams Hoebel, professor of Call us anytime. cultural anthropology, Jim ToTheSBA" Guimina, clinical. psychologist, St u dent Ba r Association and Bonnie Bartoldt, doctoral officers have called an open candidate in English. meeting for tomorrow, February "Golding's depiction of 19 at 4 p.m. in room 201. Its -inhumanity among the stranded purpose is to solicit student children is haunting," said Festival opinions on a wide range of issues. chairman Larry Weeks. The According to Julieta Gonzalez, aJlegorical nature of the story, chairperson of the Board of according to Weeks, should give Governors, the primary focus for rise to a "provocative discussion." the meeting will be proposed revisions of the Honor Code. The Lord of the Flies is the first of Board is currently considering three films to be presented by the removing library violations such as Festival this semester. Paths of book thefts from Honor Code Glory will be shown mid-March, coverage and including them and Inherit the Wind is schedul ed under Library Com m ittee for mid-April. Law School Dean jurisdiction. J oseph M. Livermore will Another major proposal is for ~ moderate the panel presentation the selection of an independent for Paths of Glory. prosecu tor for Honor Code Last November, approximately violations. 300 people attended the Festival's Other topics include whether a ~ student should be permitted to first program which featured a TRUST OFFICES AT : fil m adaptation of Herman approach an instructor about a Melville's Billy Budd. course or a grade prior to the Tu cson , Phoen ix, Fl agstaff, Mesa, Prescott, posting of grades for that course, " We were very pleased with the and reten tion of the rule Scottsdale. Sun City, Yuma. tum-out," said faculty sponsor providir(g that a fail ure to turn in Member F.D.I.C. Kenney Hegland. He views the a violator is in itself an Honor Festival as "a means of breaking Code violation.

Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of Arizona. All Rights Reserved. Editor's Note: You campaigned hard on the need Th e following exclusive for consumer protection. More in terview with Arizona's new recent l y, u nde r your A rtorney General was conducted reorganization of the Attorney by Advocate Contributing Editor General's office you created a new Bruce Burke in Tucson. Economic Protection Division. Wha t are the needs of Arizona in How do you perceive yow role as this area and what role do you see the Attorney General ? Allomey General playing? My definition of the job pretty would a nalogize th e much is un changed from what I consumer protection problem to a sai d during the ca mpaign. lot of the things I just said 'about Hi sto ri cally , the Attorney narcotics a nd la nd · fraud . General's job has been viewed as a Consumer protection in the first kin d o f a lawyer for the Governor instance ought to be a local and for the political party in function. A good example of that power in the legislature. is Pim a County. The Coun ty Attorney's office has a very My concept of the job is that vigorous consumer protection you are in fa ct an independent operation. law enforcement officer who is responsible to the people that I would like to see my office elected you. That translates into a increasingly get into the complex much more vigo rous approach to areas of consumer protection that the job. My job is to enforce the relate to massive Qrganized laws no matter where the chi ps swindles - again land fraud is an may fall. It has been difficult to excell ent example - a n d do that in the past because enforcement of an titrust laws. Attorneys Ge neral have been too . close to the poli tical process and Antitru st laws have never been to th e legislature and to the enforced in this state and that is a governors who appointed them. difficult, com plex area that ~a n Tha t's really th e distin ction I best be handled at the state level. would make and I have found it I would hope that my office will to be true sin ce I've taken office. provide backup for loca l agencies and will increasingly be active in looking at the larger il.ldustry-wide problems of price-fixing You've recently expressed your and other anti -compet opinion with rega rd to weaknesses itive practices. Securities law in the State's ca mpaign finance is a very complex area of consumer laws and your p erce ived n eed for protection and has not been adequately reorganization for the Real Estate enforced. Department. Do you feel this type of activity, this type of criticism, is a necessary part of your job? Do you have any understanding as to why that is? I think definitely so. The Attorney General is not the I think it reflects a lack of Governo r a nd shouldn 't , be energy rather than any kind of confused with the Governor. I'm d e lib e r ate p l a n of not going to be taking positions non-enforcement. Antitrust is a on unemployment, the price of complex area; it takes an imm·ense oil, the general topics. I am going amount of time a ~d energy to to be speaking out on areas that I build a case. I think there hasn't think relate to law enforcement been the e nergy or the willpower and to my authority. That ' to get into it. Sort of a " let the includes areas such as consumer . Feds handle it" attitude. And, of protection, organized crime, land course, that doesn't work because fraud, honesty in government - the Feds are busy with the "My job is to enforce these kinds of things. national cases. W e' v e mentioned the You have stated recently that you reorganization that you instituted hope to implement a plan for at the Attorney General's office. narcotics law enforcement. WouJd Could you explain why you felt it lows no matter where you sketch your ideas in this area was necessary? and state the concerns you see? I think two key concepts My philosophy of law underline the reorganizing I'm e nfo r ceme n t is that it is doing. One is an.expanded view of essen tial ly a local function. That's ou r c rimin al justice system, the chips may fall." the way ·the Am erican system has particularly in the areas of traditionally worked - with economic a nd organ ized crimes. d ece n traliza t io n of law The o ther major thrust of the enforcement down to the local reorganization has been consumer level. So first my job is to back protection. · the County Attorneys and sheriffs For example, I've got to begin with resources, technical assistants using the lawyers who are over in and special prosecut9rs. the Securities Division and get ' them involved on the front line of There's one ca tegory ' of law consumer protection. Antitrust is enforcement that I think I have to another example. We've had get directly into - the kinds of lawyers for years over at the Real crimes that involve organized Estate Department who have had activity which transcends county no role at all to play in the land lines. The best examples are land · fraud area. We've got to bring fraud and narcoti cs. them into it. So when you see my new budget, you will see that the Narcotics enforcement is ' majority of new requests relate to suffering because the local law criminal justice and consumer enforcement agencies do not have protection. jurisd iction to cross county and municipal lines. It is a very fragmented effo rt. The results of I understand t hat the budget that show up particularly along requests you've recintl y made the border where there is an include fu nding for a considerable uneveri, uncoordinated pattern of number of new attorneys. Yet enforcement. with the problems of a recession facing the state, I wonder ·how What I'm proposing to do is to your p lans will fare when they ao create a Southern Arizona Strike before the legislature? 1 Force which will integrate the effOrts of local law enforcement There's no question that the officers and give tt)em j~risid.Ction legislatur,e is s9ing to view budcet J,, •• ~riz~ne:~te throughout Soute,;w... " !CRr4~i . , i i th ,. ta great deal ... of Skepticism·/' ariel1 properly so.! Our

Digitized by the Daniel F. Cracchiolo Law Library, Jiimes E. Rogers College of Law, University of Arizona. All Rights Reserved. ------'present budget is Mound S2 companies do legal work by million. The request that we are constitutional amendment in this putting in is about $2.4 million - state. I'm not so sure that there that ' s an in c rea se of aren't other areas that could be approximately 20%. A lot of that gradually spun o ut of the lawyers is cost of living and merit work bag, and done by other increases. It's deliberately been people. It is a controversial area kept fairly modest. I think we can tha t 1 find we frankly have got the justify it by pointing to the obligation to look at. tremendous unmet needs. The other thing which could be done is to streamline our system If you get the necessary of laws. No fault divorce law is a In An Exclusive Interview, authorization, could law students good example, the uniform expect to find jobs at the probate code another. Within the Attorney General's office? legal profession I think we have to Yes. I'm really interested in start asking aboUt how to set up Arizona's New Attorney General recruiting. I think traditionally in systems of delivery which will this state the Attorney Gerieral's provide repetitive, highly efficient legal services at a very modest office was a kind of employer of fee. last resort. Law students went to Some of the legal clinics are Discusses Consumerism, Legal Services, the Attorney General's office gettiOg into this area. Why should when they hadn't been very a divorce cost $350 even though it successful anywhere else on the amounts to just filing papers, with theory there was always a job no complications? Ethics, And His View Of His available. I'd like to tum the Attorney Do you think you can convince General's office into an employer the Bar that these changes are New Job of first resort. I'd li~ e to begin necessary? recruiting s ys t e matica lly to persuade people that public There's going to be resistance service in this setting can be the to change and the Bar is not all most exciting, rewarding that different from any o ther experience they can fi nd. After professional group. They have four, five, six years in the self-protective instincts and they Attorney General's office, they view the maintenance of will be skilled lawyers with a great professional standards as a serious variety of options open to them. obligation. The Bar does tend to They will be able to say "I be pretty skeptical about new worked in the Attorney General's ideas. But I' m generally office" and get a positive optimistic. response. Think back fifteen years ago when legal aid was operating out We 've talked a lot about laws and of the backwater. That's the legislature. I would like to talk substantially changed today. The for a moment about the legal Bar associations around the profession. Unfortunately, th~e country, the American Bar public today views lawyers as 8 Association particul arly, took the pretty sorry bunch. My question brunt of the efforts of the Nixon really goes to what the profession Administration to destroy Legal can be doing not just to improve Aid. That's one example of an its image but to improve its organized professional association performance. really taking the initiative. There is some indication that the various Public dissatisfaction with Photography legal services plans are being lawyers is a symptom of some real viewed in a pretty open-minded problems. The legal profession manner by bar associations. by Mike lex must concentrate on setting its own house in order and there are In Arizona, I think the two areas that we have to leadership examine. of the bar association is a very encouraging sign. A lot of One is policing the industry. good, young lawyers with solid Now I put it that way because h professional -credentials are very isn't any different from any other clearly interested in making professional group or even changes. business group which is trying to regulate the performance of its members - to · set standards and I wOnder what role you see the more importantly to police those colleges of law playing in efforts_ standards to weed out and to improve the profession. Can discipline those people who don't ethics be taught in law school? m'easure up. That's always tough and it is always unhappy and Yes and no. You either have it difficult. or you don't by the time you go to law school. Hopefully , law The other area that I think is schools are making some effort to even more troublesome is how to make sure that the right people provide legal services at reasonable are in: cost to the increasing middle ·ABOUT BRUCE BABBITT income group What law schools can do is to of people who feel John G. Babbitt was a member of the Board of Regents in 1959 they've been priced out of the have the whole problem of ethics and the lawyer's obligations to when this law building was erected. His name remains on a plaque at market. I'm speaking about those the entrance to commemorate the fact. His re lative is the subject of the people who feel they can' t go see society examined in a more integral way. It's not enough to interview. a lawyer because it costs too Babbitts have always held high positions in Arizona. A large family, much. have an ethics course. I must say that if l had the elective in law they are involved in what one person has called a "merchantile empire" school of taking an ethics course I and which includes sto res, car dealerships, lumber mills and trading wouldn't go near one. It's just posts. What can the lega l profession d o dry, dull and silly. A Democrat, Babbit didn't head immediately for politics. He was an for that middle income g{oup? undergraduate major in Geology at Notre Dame, receiving a Master's There should be some way of degree from the Unive rsity of Newcastle in England i n the same subject. There are a lot of specifics getting those ethical questions He then spent two years as a geologist. floating around. My general in t egrat ed into other ar,eas. But in the mid 60's he went to Harvard for a law degree and feeling is that we have got to be Ethical questions don' t come out embarked in a new direction. After graduation, he worked as a Peace creative, innovative and open of the clear blue sky. They come Corps Attorney in Washington, D.C. with Sergeant Shriver. He spent about restructuring the legal up, for example, in the context of some years in the South as a civil rights lawyer, and only then came profession. This could be done in a divorce proceeding in which a home to Arizona. two ways. client comes into your office and He joined the Phoenix flf11l of Brown, Vlassis and Bain in 1967, and The first involves asking what lets you know he has secr~ed all remained there until January 6, 197S, when he was iMugunted as it is lawyers do that could be of his assets and his wife knows Attorney General. He also was Director of the Legal aid prOiJam in better done by others. There are a nothing about it. They come up in Phoenix. lo t of examples that you can all kinds of very specific contexts. Babbitt is 36, and married to Hattie Babbitt, who is in priva te think back on. 1:~ou nt ants are It seems to me that they ought to practice in Phoenix. He will be in Tucson at the law school late in now, doing a lot of J~x . wofk thit be dC:alt 'vnttl that way 10 laW• February to address law students and will also personally interview 1 11 used to be done ~~ , li(,,¥~~~ -, : ~~J~ sch&t'.l ' " ' • '"' • • , · ;l students for summer jobs. Oigitir' d by the Daniel F. Cracchiolo Law Librl,iy, James E. Rogers College of Law, University of Arizona. All Rights Reserved. n------ABA Group To Discuss Prepaid !he Gonzales Awards Of1974 Legal Services, Rape by Rick Gonzales biggest blunder since Nixon kept Advocate Associate Editor the tape record er on. With the first semester sports MOST I NSPI R ATI ONAL How the bar should approach "closed panel" legal services plans. agai nst the dea th penalty . calendar now a relic o f the past, INDIVIDUAL PERFORMANCE prepaid legal services pl:ms will be In an open panel pla n, the plan The sec ti on po ints o ut that the the A dvocare would like to - lltis high dist inction goes to a majo r issue considered by the pa rticipa nt, o r m ember, can Senate bill contai ns substantive take t his opportunity to recognize Gary R obb in s, whose American Bar Association's choose any attorney to perform changes in f ederal law by wh ich those ded icated individuals whose death-defying leap through the poli cy-making House of De legates legal servi ces, with reimbursement the death penalty can be imposed . participation and contributions to pl ate glass lo bby doors was the at the ABA midyear meeting in provided in accordance with a The legislati on also amends the a thl etics made the previous high point o f final exams. Chicago. Feb. 20-'25. sc hedule o f benefits. Under a original Senate bill by providing semester#so successful. Because of BEAR DOWN AWARD - This ~ - he 340-mcmbcr House, closed pa n e l plan, the for appel1 :1te review of the the ca li ber of athletes and the honor goes to Bill Perry, who chaucd by J ohn P. Bracken, o rga ni zation administering the imposition of the dea th sentence int ensity of the competitio n, it consistently showed up for all the Phil:!dclphia, is scheduled to 3CI plan select's a single attorney, a as well as a fur ther check o~ would be ho pel ess to attempt to sporting events i n the face of on more th an 60 rcrommcnd a­ group of attorneys, fi rm, o r possible erro r at th e dist rict court n ame al l those d eservi ng mounting criticism and opposition tions involving :1 variety o f t opics. si milar kind o f legal services level. Because o f these and other recognition. Instead, the following by his teammates. Other subjects up for House agency to perform services factors, the sect ion believes the awa rd s are presented to those GOVERNOR'S TROPHY - action include repeal of the equal provided by the plan. ABA should o ppo se the measure whose ex traordinary achievements T h e award goes to Dean t i me provision for political Equal Time - The Special pending fu rther considerat ion, cannot be overlooked, no matter Live rmore's new grad in g and candidates, the dea th penally, Com mittee on Electi o n R eform possibly through hea ri ngs , by the how hard we may try. With out eligibility system, which now has a l co h o li s m , n o- f:nilt aut o seeks repe;ll of the Equal Time Se nat e. any f urther delay , the award more c urves and screwballs than in surance, rape laws. removal o f Provision of the Communications winners arc as foll o ws: Catfish Hunter. judges, products li ability, traffic Act because "it now seems that No-fault Au to Insurance - The TEAM OF THE YEAR - The GAME OF THE Y EAR - The cou rt standards and judicial the ... provisio n has not ABA Special Co mmittee on Law first annual Toilet Bowl Oassic compensation. accomplish ed its legislative Automobile Insu rance Legislation A-B basketball team, which managed to place fourth fea turing POP v. PAD ga rnered Featured speakers will in cl ude purp ose of permi t ting urges the Association to hold fast in a field of twelve teams without this award primarily on the Chief Justice Warren E. Burger; dissemination of candidates: views in its opposit ion to a federal winning a game. strength of the Bacchanalia ABA President James D. Fellers, in nonpaid poli tical broadcasts." n o·fa ult insurance plan, bu t MOST VALUABLE a t mosph ere which prevail ed. Oklahom:l City: former Watergate The recom mendation says the recommends that states be urged PLA YER - The award goes Rum or has it that it was a great Special Prosecutor Leon Jaworski: law, in fact , ha s "subs tantially to e nact "as expeditiously as to that fo rmer bea r wrestler from game, but n o o ne seems to U.S . Rep. Morris K. Udall discouraged broadcasters from possible" appropriate automobile ASU , John "The Flea" Davis, whose remember. (D·Ariz.): Kingman Brewster, supplying free time to presidential accident reparations refonn overall legisl:ltion . The athl etic prowess overshadowed h is In spite of the dubious p r e~ident o f Yale Universit y, and candidates." committee predicts di minutive body. distinctions bestowed o n the Wh 1t ney North Seymour, Sr., New Alcoholism - The Sectio n of a renewal of no-fault MO ST above recipients, there are many York City , past ABA president. Crimi nal Justice asks the ABA to activi ty in Congress and says " the I N VALUABL E PLA more who have gone unnoticed Here is a s ummary o f major reaffirm it s s upport for the questi on is no longer no-fault vs. YER - The distinction goes to Ken Peasley, who whose participation was equally r ecommendat i ons t o be decriminaliza tion of alcoholism no-fault , but rather f ederal se athletic skill s we blameworthy. However, sports considered by the House: and to urge states to utilize no-faull vs. state no-fault." re never sought by any of the teams and whose body fans s hould not despair if their Prepaid Legal Services - The federal funding in im plementing Rape - The Law Student overshadowed eve rything, individual heroes were not singled Ad Hoc Study Group to Make p rovisions of the Uniform Division, c laiming that the including his belt. out because there is still another Recommendatio ns Regard in g the Al coh o li sm and Int oxicatio n incidence rat e o f rape is M OST VALUABLE semester of fun and games ahead. 1974 Amendments to the Code o f Treatment Act. skyrocketing, recommends that INDIVIDUA L PERFORMANCE On the s ports cal endar for the Professional R esponsibility will Death Penalty - The Section crimin al codes be revised " to - This ho no r goes to Randy Spring sem est er is another ask the House to approve a new of Criminal Justice recommends secure just convictions and to Barllett, whose overall vicious encounter between PDP and PAD, set of amendments aimed at th at the ABA oppose "in re-define rape and related crimes play, combined with his darting this time o n the softball diamond. resolving disputes over the principle" a p roposal before the in terms of 'persons' instead oi and slashing runs to the restroom , Other even ts include the PAD approach the bar should take to U.S. Senate that would es tablish 'women', and to revise rul es of got him thro wn out of the "Blue Memorial Tennis Classic and the prepaid legal services plans. A c rit e ri a fo r the mandatory evidence in o rd er to protect a Note." - showdown between ASU and the major issue raised by amendments imposition of the death penalt y. prosecuting witne ss fr o m MOST I NSPIRATIONAL UA softball teams. These events, adopted at the 1974 meeting in The section 's proposal would not, unnecessary invasion of privacy PLAY ER - Awarded to Gale along with the reconvening of Houston was the difference in however, commit the ABA to take and psychological and emotional Dean, whose presence o n the Wall Review, makes for a treatment of "open panel" and a position on the merits for or harm." sports scene may have been the promising season. LawWomenPlan Mar. 1 Conference by Tanis Toll warden at the women's prison in co. Advocate Associate Editor Fl orence, and Mary Pickman on On Saturday, March 1st and the panel. Sunday, March 2nd, the law Amelia Lewis, the appellate school build attorney fo r In Re Gault, will be 3 ing will be the setting 05 N. MAIN STREET 8202 N. SEPU LVEDA BLVD. for the Law Women's Association the key note speaker at a Sunday SANTA ANA, CALIFORN IA 92701 VAN NUYS, CALI FORN IA 91402 conference on the ro le of women morning b ru nch. Two related 714 - 543-1213 213 - 785-6063 in the criminal justice system. topics, " Juvenile Justice: Sexual Panels will feature various Dis tinctions" a nd " Women members o f the legal community Offenders and Their Children : in Arizona. What Happens to the Children Saturday's session, which will wh e n t h ei r Moth er is run from 9:00 until 5:00, begins In carcer ated," then will be with attorney Barbara Fisher discussed by Superior Court Judge Case John Collins, of the juve books nile giving the opening remarks. The fi rs t panel will discuss " How a division ; Karen Zizmor, presen·u y Rape Complainant is Treated by in the Public Defender's office, Police, Prosecutors, Defense but who has been involved in the Attorneys, and Judges." Members juvenile justice system; Sharon_ will be Karen Nash, one o f the Hickman, from the probation department; and welfare Student Outlines county pros~:cutors; Veronica Angel, a member of Women department employees, Patricia Against Rape (WAR); and Ly nne Silver and John Dick well. Moore, a Tucson attorney. Mary Wisdo m, chairperson of the conference, commen'ted that " H ow Women Defendants, it had "received a tremendous Witnesses, and Att orneys are re s p o n se from t h e legal Hornbooks viewed by Juries" is the second community." panel scheduled for Saturday The conference will be o pen to morning . The members of this the public with a regist ration fee panel will be: Anne Bowen, a of $4.00 for students and $8.00 private Study Aids For attorney; Jo Ann Di amos, for others, which includes both The Law Student a federal public defender; Jean the dinner on Saturday evening, Williams, from the Pima County a nd the brunch on Sunday MA IL ORDERS HANDLED PRO MPTLY Pu blic Defender's office and morning. Registration material is S u perio r Court Judge Alice available at the law school. Those Truman. in need of housing, and willing to The afternoon panels will cover share Jiving quarters with law su c h t opics as "Women as students, will be furnished a p lace BANKAMERIC''*AR O Prosecuting Attorn eys," with two to sleep on both Friday and attorneys from the County Saturday nigh ts. The Law Attorney's o ffice scheduled t o Women's Association also will be speak; and "Women in Prisons" providing day care facilities for ... with Marjo rie Wa those with children. rd, the deputy

\ Digitized by the Daniel F. Cracchiolo Lilw Library, James E. Rogers College of Law, University ofArizona. All Rights Resertled. Ch r istophe r Col u mb us app roaches to jurisprudential program will be volunteers, Langdell , who revol utionized the t hi nking. Su bsequently, the although they will approximate teaching of law in the United student will plunge directly into the profile of Southwestern's States in the 1870s, would tum in the problem solving as the vehicle regu l a r f r eshman c l ass his grave if he were able to sec for comprehendi ng the concepts academicall y and in other criteria. wh at Southwestern University of law and fo r equipping himself Wh i l e recogn izing tha t School of Law in Los Angeles is to deal with a lega l problem in all advocates must rely on decided Southwestern .. doing. of its ramifications. The problems cases to support their positions, wi ll dea l with t·he same So would James Barr .. Ames, Boyack anticipates that the -substantive concepts of law that wh o established Langdell's program will produce lawyers who are presently covered in the will approach cases with greater casebook method' at Harvard, and traditional courses. William Albert Keener, who took emphasis on concepts of law. Plans To it to Columbia in the 1890s. "The student wi ll team at the " I am convinced that the Eventually, casebook teaching very beginning that the law is a student will find the program became almost universal in U.S. 'seamless web' and the student sufficiently exci ting, and that he law schools. must develop a methodology for will produce for himself a greater Abandon Presentl y, under the. direction d ealing with the substantive quantity and quality of work in of Dean C. Boya c--k , concepts, the procedural devices. preparation to become a lawyer. Southwestern 's associate dean, a and lawyering skills as a He wiJI have not only th e ultimate pilot project is getting under way composite," he says. goa l of passing some bar which could produce the first "Any lawyer or law professor examination as his objective, but Casebook total overhaul of legal education is painfully aware that any real will have immediate goals of since Langdell 's method. legal problem involves very realistica ll y solving a legal In addition to abandoning the intricate relationships,·• he points problem." Boyack says. casebook method, the proj~ct out. ''Human beings and their Finally, asked if this program Method cal ls for the elimination of all relationship to things and to each will prepare the students for the traditional law courses. The other is always complex and very bar exam, Boyack says, "Better program will stress broad legal lilcely open to more than a single prepared ... because they'll be concepts and applying those solution. The student will be contin u all y usi ng all their concepts to specific legal !)ermitted to pursue his research knowledge on each problem. They by Dennis Gray situations using a problem-solving and inquiry in a form and maner won't need a bar review course to process. A maximum of that permits him independence in refresh them on a cou rse they Advocate Associate Editor independent thinking by the his thipking under appropriate took in their first year and haven't student will be permitted. guidance from faculty members." r eferred to since. The only The Sm 1 illion project Will be problem is that -these students T h e role of the faculty may tend to over·answer bar shared by Southwestern and the members will be ak in to that of U.S. Department of Health, questions ... they may see too the senior partner in a law firm many ramifications .. of course, Education, and Welfare, which has dealing with his junior associate, provided an initial grant of the rea l measure of success wil l be discussing the problem and how they do in practice." $164,436. various approaches to its possible solu tion. Students will start with The casebook method, under relatively simple problems and which most U.S. lawyers have progress to the more complex Whoever handles trust matters for been taught, requires the reading ones. While not purporting to deal of selected key legal decisions. with actuaJ client problems, they you had better be familiar with Along with this method is the will be essentiall y the same as Arizona laws and local investments. division of the law school those with which a lawyer is curriculu m into courses covering constantly concerned. Clinical Weare. specialized fields of law , such as pract ice is expected to be tort.s , contracts, real estate, employed in the latter part of the We're the oldest bank. corporation, and criminal law. In program. addition, the classroom techniqUe The present proposal envisions has been the Socratic method in which the professor asks a series 3 team·teaching approach, of questions designed to elicit involving professors, practitioners fr om his students a clear and judges in 3 cooperative effort, exp r ession of something rather than an individual professor supposedly already made known in the classroom. The student will by the cases. thus get more than one seasoned performer in directing the According to Boyack, many research, the thought pattern and legal educators have questioned assistan ce in forming the whether such a system is appropriate conclusions. effectively meeting the needs of the legal profession and the There will be heavy reliance on studenL outside experts, particularly practicing lawye,rs and judges who " It has been observed that will help evaluate the problems many students in law schools at utilized, the effectiveness of the the present time do not see the students' work toward soluti on's relevancy of what they learn," he and the skills of being a lawyer. says. Boyack indicated that it is The program will include mock al ready a worn cliche that in the t ri a l s with the stu den ts first Year of law school the pa rticipating as lawyers, judges, student is ''scared to death,'' in jurors, and witnesses. Once again the second year he is "worked to the lawyers and judges will death" and in the third year he is eva l uate t he stu d e n ts' "bored to death." perfonnances. "The client does not appear Southwestern will conduct a with a label sayin g, 'I am a two·yea r l aw sch ool in contract problem, a tort problem, substantiall y continuous sessiOn, a corporation problem, etc.'," instead of the present three·year Boyack points out. Thus, rither cu r riculum with summe r than such time·honored courses, vacations. Classroom attendance the pilot program at Southwestern wiJI be expanded from the present will be built on broad concepts of 1,100 hours to 1,400 hours, law that spill across traditional covering all basic subject matter ' course boundaries - and at the areas encompassed withi n the same ti me, will train students to presen t curriculum. think that way as well. " I think we all recognize that In addition to the classroom the concept of 'intent' is in almost sessions, there will be 600 hours every course in law school," says of observation time - seeing Boyack, "and that the concept of lawyers at work in actual offices 'mistake,' the concept of 'risk ,' and in public agencies, judges' and many other concepts in the chamberS and courtrooms. Some of the 600 hours will be devoted law have no pa rticular relevancy We opened Arizona's first banking office about 100 years ago, in to any course - and yet have to intensive research projects by small groups. Our trust divi sion has bee n ha ndling the estates and managing investment portfol ios of Arizor 1a relevancy to nearly all courses." residents for over 60 years. Tr ust assets under our management now exceed hal f a billion dollars. I n Southwestern 's pilot The first class of 50 students in program, there will be a J 0- or the pil ot project will start July 12·week in troduction as an I 9 7 5, joining the remaining @ orientation to the study of law. It university's 1500 students at wiJI cover the legal system, legal Sou thwestern's Wilshire Center FIRST NATIONAL BANK OF ARIZONA philosophy and the various campus. Students in the new AriLonans have ~n banking FirS! class since 1877. ,.. Digitized by the Daniel F. CracchJolo Law Ubr;/ry, James E.. RoqeJS Coll~e of Law, University of Arizona. All Rights Reserved. 1tt, ______

Shy about women, a firm e qual with th em. T hat Asked more than ten years advocate of civil rights, a fa iled fell ow was too busy making a&o wheth er he thought BOOKS- haberdasher, p ut upon by his up his mind whether he had Nixon had ever read the mothc r· in-law for 32 years, to go to the bathroom or Co n s ti t ution , Truma n Truman shows up as a rich not." replied : " I don' t know. I personality. Hi s favorite piece of don't kn ow. But I'll tell you music was Chopin's A-Flat Opus On the Kennedys: "Old Joe this. If he has, he doesn't PLAIN SPEAKING 42 Walt z . A p o pulist, he Kennedy is as big a crook as understand it." th oroughly mistrusted '" the high we've go t anywhere in this hats and the counterfeits." country, and I don't like it Again on Nixon : " All th e that h e bought his s on the time I've been in politics Despit e his lack of college there's onl y two people I BY deg rees and contrary to hi s nomin a tion for th e Presidency." hate, and he's o ne. He not hocdowncr image in the press, only doesn' t know how to Truman was pheno menally well tell the truth. I don't think read in the writings and On Christians: "Whenever the customers in any of the son of a bitch knows the HARRY TRUMAN biographies of famous leaders of difference between telling those deno minations prayed the United States and the Roman the truth and lying." Em pire. - too loud in the Am en by Susan Neumeyer nonselective. nonbiased accounts corner, you'd better go Plain Speaking is available for While a county judge during Advocate Executive Editor o f history (a lthough the h o m e and lock your $ 1. 95 in paper and for less than possibility of th ese is doubtful) the depression, Truman arranged smokeho use." S I 0.00 in hardcover. Re\'iew of should read elsewhere. Miller for the design and construction of a PLAIN SPEAKING o makes li ttle attempt to present h a nd some, fun c ti o nal new AN ORAL BIOGRAPHY Truman's life or presid ency courthouse in Kansas City, OF "objectively ." watching o ut for the people's HARRY S. TRUMAN The reader learns a good deal money so carefully that funds Young Lawyers Help abo ut th e f ol kw ays o f were left ove r. Later, as a United This book will co mpel the Ind epe nd ence, Missouri; the States Se nator, he headed a interest of even th e most jaded Marshall Plan ("the most unsordid wat c h dog co mmittee which Evaluate Bar, Corrections law stude nt. If you have time fo r act in history," Churchill said); inspected d efense contractors, again preve nting ripoffs of the only o ne ex tra-legal pursuit this Dean Acheson; Ma cArthur (" I by joe Bertoldo Bar to detem1ine their general taxpayer. semester, read Plain Speaking. It is fi red him because he wouldn' t Advocate Executive Editor attitudes toward th e bar exam . full y gua ranteed to enrich, respect the authority o f the Never one to equivocate, The group hopes that at least the entertain. and restore your lost President . . . I didn't fire him Truman has something to say A group probably unknown to multistate portion of bar exam personh ood. because he was a dum b son of a about every thing, including Castro law s tudents and possibly can be eliminated if not the bar Merle Miller in terviewed and bitch, although he was. but that's (Fidel) and General Eisenhower's unknown to some members of the exam in total. worked wi th Truman in th e early not against the law for generals"); pla n to divorce Mamie and marry Bar is the segment of the Bar 1960's, prep:uing a TV series J osep h M cCarthy ("a moral his British chauffeuse. called t h e Yo ung Lawyers MARIJUANA LAWS which was rejected by " the three pygmy"); th e Korean War's Section. This anonymity is likely The Section is also working Finally, in addition to its television network s to which due to t he fa ct that, until last toward goals of general we beginnings; and much more. historica l and biographical aU owe so much." Mill er then In year, the group for the most part community interest. One such addit ion to its historical interest, Plain Speaking is as used the material he had gathered in terest Plai11 Speaki11g was inactive. goal is the liberalization of the , offers the forthright and as amusi ng as was to write this book. reader a c haracter study. Truman's But when a few young lawyers cu rre nt marijuana Jaws. A Truman himself: The book offers much to those sister kept a Mark Twain q uote heard of the high failing rate on committee c haired by Gene Hayes interested in history. It is a representative of h er brother's On Adlai Stevenson: "Could the February 1974 bar exam, they of the Young Lawyers is preparing personal view fro m Truman and stance: " Always do right. This n ever und e rs t and that were detennined to find a means what Ri c h a rd s ca ll s a Mill er wi thout apology ; those wi lt gratify some people & either, how you have to get of voicing their opinions with the " two--pronged attack" o n the preferring an att e mpt a t astonish the rest." along with people and be established Bar in hopes of havirig marijuana laws in ho pes of the bar exam reevaluated. They decriminalizing possession and found their means in the existing c asual furni shings of small but nonactive Young Lawyers amounts of marijuana. Section of the Bar. One prong will attack the According to Kim Richards, problem fro m a socioeconomic ::Jf,_e nation j ofeadi.ng president of the Young Lawyers standpoint directing attention to Section, membership in the group the cost and time s pent by the is automatic to all lawyers under police, prosecutors, and the courts of!aw :lJiclionar'l the age of thirty·five and admitted in dealing with m arijuana to the Bar. The present offenses. The other prong will be membership is about 2,000 directed at the medical·scientific Revised Fourth Edition strong, which, Richards believes, studies concerning marijuana use. with compri ses a pproximately forty·five percent of the Arizona CORRECTIONS REFORM Guide to Pronunciation Bar. Corrections refonn is another Bar Admission Rules Th e Section s ince its object of the Section. An reactivation has set several goals organization called " BASICS" Code of Professional Responsibility for itself. One of the primary (Bar Association Support to Cannons af Judicial Ethics goals was to obtain visibility Improve Correctional Services) within the Bar so that the has provide d approximately Abbreviations opinions o f the Young Lawyers $3,000 to the Arizona Bar to Section could have some impact conduct a preliminary study o n • An essential, basic requirement for with the established bar. Last the existing corrections system. sound law study December, Richards presented a According to Phil Hall, a member resolution on behalf of the of the Young Lawyers Section, Section to the State Board of the Section will be doing much of • Clear and meaningful legal terms Governors seeking an amendment the "leg- work" in this preliminary with precise definitions to th e By·Laws of the State Bar to study and will provide input into inc lude a full · time voting the State Bar. The study will representative of the Young involve a survey of the jails and • Accurate- Authoritative­ Lawyers Section on the Board of prisons in the state in order to Comprehensive Governors. detennine the current conditions The Board was " highly as to meals, recreation, treatment, Premium Quality Manufacture receptive," according to Richards, and so on. and passed the resolution by an Although law students at o ve rwh e lming majority. The present cannot be members of the 18ll:! Pu ~(· :; - Examitr c it 'J'oday resolution went before . the Young Lawyers, the Section plans Arizona Supreme Court for final to integrate law students into the approval, and in early January the group eventually. Richards Court passed the resolution. indicates that a proposal will be considered to include the BAR EXAM REVIEW presidents of the respective BLACK'S Besides striving for visibility, Student Bar Associations of another initial goal of the Section Arizona's two law schools so is the reevaluation of the bar students may have some link with LAW DICTIONARY exam. Therefo re, the State Bar the lawyers of the Bar other than Committee to Evaluate the Bar the 28{e) program. Examination , with e le ven In short, what was once R eviJeJ :Jour//. 6 /ilioll members, s ix of whom are of the essentially a non·functioning Young Lawyers Section, has been segment of the Bar has blossomed $16.00 o rganized. The group is currently (within a relatively short period of fonnulating a questionnaire to be time) into an active, recognized PARK BOOK~TORE Monday - Friday submitted to all members of the group with meaningful goals.

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(Continued [rom fJOgc J) necessary medi c:~ ! and legal examiner is not available. Dr. Hirsch's medical expertise facilities. Since that time there has Coroner's inquests still exist as is not merely pertinent to the been a movement away from lay a remnant of the old law (ARS § determination of homicide as the detcm1inations by juries' inquests 22·5 11 ) but arc only called to mode of death. While one-fifth of t award a more scicnti fie hear the "sticky" cases. At an Tucson's deaths are coroner's investigatory system. inquest, Dr. Hirsch says, the just ice of the peace may call and cases, only 3% of those are pea~"e ~~~~~a, a!h~~:s~~e ~Jfi~~~ question witnesses or the county ~o:~!~esbr~~~~~s~i!~~~i~na~c~a~~ coroner of each justice precinct attorn ey may become involved. suicidal or accidental deaths by statute (ARS § 22-501}. Prior Even und er Arizona's 1 9 1 r emode l ed system , th e where tort liability, workmen's ~35 ~~fht~~je"J i c~o ofi~'~:sri~~~ pathologist's lack of complete fn~~~~:c:s~~~e~its p~~;~~~sSe ~~ ce rtain types of cases that ca me autonomy from elected officials 1 leaves the process vulnerable to the palhologisfs judgment. :~~h~~d t~hee ~~!~~c:~~iv~u~:dci~1 1~~~ politi caJ abusC. At one time, It has taken literally hundreds a physician and ordering an according to Dr. Hirsch, the of years for governing bodies to autopsy. five-year·old son of the secre tary recognize the need of the legal "We then had to be called by to a high local official drowned in system for a full·time, apolitical the justice of the peace under a Tucson swi mming pool. The medical specialist. Throughout the special circumstances to do official pressured a justice of the Middle Ages in England , the · autopsies," Dr. Hirsch states, "and peace to find a physician who coroner perfonned a variety of not very many were done." would sign the death cert ificate legal and administrative functions. The present laws, ARS § with o ut the pathologis t's The most important was to hold 36·334 and ARS § 36·335, examination and autopsy . This inquests, or jury hearings, into enacted in 1953 , require that the was in vio lation o f statute. • deaths because the crown had local regis trar report to the Pima County contracts with rights in the property of all felons coroner deaths in which there was Southern Arizona Pathologists, of and suicide vic tims were no physician in attendance during which Dr. Hirsch is the senior considered felons. - the last illness of the deceased, pathologist. Six years ago, the In the 14th century, the comer deaths for which a physician is one·story facility that houses the became an appointed ra ther than physically unable to supply data county morgue was built just west an elected official and the justices about the deceased, and deaths in of the Pima County Health and of the- peace gradually usurped which circumstances suggest the Welfare Building. some of the com er's duties by mode was other than natural. The Dr. Hirsch remembers that conducting their own preliminary statutes further stipulate that a "Before the facility was built, we investigation i nto suspected physician "shall refuse" to sign a did our autopsies at the funeral photo by Al.ln Mete.llff' homicides. death certificate if the death home and as you can see that was appears to be from unnatural not a very suitable way to do Dr. louis Hirsch By the middle of the 18th ca uses and thus within the things." century, fees paid to coroners for coroner's jurisdiction. Dr. Hirsch 's medicolegal says, " I take my hat off to their saying which translated reads, inquests required the approval of Under the new laws, the justice investigations go beyond the preparation and their ability. " Let conversation cease. Let the justices of the peace and the of the peace still makes an autopsy room because the They do a very good job." laughter flee. This is the place justices refused to make payment investigation and determines the circumstances of every death are Engraved in the wall of the where death delights to help the except in cases where the death m ode of death _ natural, important to the determination of New York C ity Medical living." It is a fitting chronicle to was accompanied by evidence of a accidental, suicidal, homicidal, or the medical cause. He or one of Examiner's Office is a Latin the work of Dr. Louis Hi.rsch. felony. This limited the coroner's cir c um stan ces undetermined . his- associates is at the scene of r------. jurisdiction to cases of obvious However, th e medical examiner every homicide and with police violence although their actual (who is the equivalent of the detectives tries to reconstruct The 1974 Pension Reform Act jurisdiction was over all sudden coroner's pathologist) or any what might have occurred. unexpected deaths. other qualified physician must He enjoys getting involved in This coroner system was find the medical cause of death by courtroom procedure and is affects you. imported to the United States any examin a tion , including neither prosecution nor defense from England and remained autopsy, which the medical oriented but is concerned with the unchanged after the states broke examiner deeins necessary. The objectivity of the medicolegal ties with Great Bri tain. l.n the death certificate must be signed evidence. early part of this century, by both the medical examiner and " I can tell you that after long however, it was controlled by the justice of the peace except in years of cross-examination by corrupt politicians and lacked the instances where a medical defense at!omeys," Dr. Hirsch • If you are responsible for a corporate pension/profit sharing pla n ... We can resol ve the confusing new rules and regu lations you face by acting as trustee and/or investment advisor ... we assist you In meeting your responsi­ bilities arising from the manage- mentofsuchplans ... wehelp ' &Gk.?.J~8)~~!! handle_your exten _si~~ _new united Banker Terry re~ort 1 ng responslbllltles ... and the expert ~rsonallzedsen:/ce required ~~~i~~~~~~s ~j~~:~~~~e~~~~er by pension and profit sharing plans •If you are self·emptoyed .. Deduct up to $7500 from your annual taxable in co me by initiating a United Ba nk KEOGH PLAN that provides for your ret irement security. we offer several choices as to how you want your KEOGH plan money invested. •If you work but are not covered by a company pension/ profit sharing plan ... For tax purposes. deduct up to $1500 from your gross income by opening your own persc;maiiRA retirement savings plan at United Bank. Get all the details about this new retirement option today. United Bank acts as trustee and/or Investment advisors for pension and profit sharing plans. For Information phone Terry Kirchner, at 16021 248-2158. Or contact any United Banker.

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by Carol Contcs the second largest in the wo rld ," Advocate Associate Editor she sa id . "And alrnost 70 percent In the late 60's women in the arc detainees awaiting trial.'' lega l profession we re un comm on , .. The average wa iting peri od is and Uni versity Jaw professor Mary s ix to eight months," said Pi c kman remembers the Pickma n, "and some have been "tremendous amount of very waiting up to 3 0 months without p o lit e discrim i n atio n " she a trial.'' encountered seeking a job. Pickman, a gra du:ll c o f The co mmissio n tried to R:Hic li ffc College and Columbia resolve some of the problems with L:1 w School, bega n teaching here overcrowding and poor morale las t Sep t ember ::1 nd is the within the prison system. University's first full-time w o m;~n " There were some terrible law p ro fessor. lawyers," Pickman said. "'S ome ''Onc man who intcrv it·wcd rn c literall y abandoned their clients, said, 'I'd hire ya' in a minute, never visiting the jaiL" swccthcan. but no o ne would eat Pickman added that the typical lunch with you,'' Pickman said . defendant knew that because of " \VIwn an other zn an fou nd o ut the long wait before trial , many my hush:md workl.:d :1cross the would acce pt ph:a ba rga ins just to street. he s:1i d. "It's a good thing, ge t o ut of the jail. honcybunch, so th ere wi ll be someone to talk to you all day She also noted that th ere was necausc no one in th e fim1 will,'' no computeri zed system of she a<.ld cd. recqrd-keeping of the more than 200,000 cases each year within "The worst th ing o f all was th e New Y ork correctional that I took it,'' said Pickman. ' ' It system. never even occu rr!!d to me to m:.~k e a complaint to the ''Th e D epa rtm e nt of Columbi:J recruiting o ffice or to Corrections would actually lose orga nize with the o ther wo men." people,"' she said . " It would take Pi ckman said that perh aps fiv e days to try to find the righ t perce nt o f the enrollment at person.'' Colu mbia law school were women '" In one case the wrong man wh en she attended. wa s actually se ntenced to ·•we were isolated from each hom icide when he pleaded guilty other,'' Pi ckman said . " we did no t to b urglary," she said. have a sense o f having special "The sys tem itself is a problems back in 1968.'' monster." she said . " It will always Pi ckman got a job after law endure and is very far away from school with a small corporate firm human suffering. in New York City specializing in .. Jt is a terrible violation of the' secu rities work. dignity o f the law," Pickman "The man who hired me j ust added. happened to be a humane and PhOtO Dy Mike Lex intell igen t person. ' "When the Legal Aid Society " Jt ;s a problem not looking successfu lly attacked the Professor Mary Pickman like you're supposed to look," she c onstitutionality of the said. "And it still is a problem. administration and conditions of " This time finding a job was the Tombs (New York City not as hard," she said. " A lot '"On t his fa culty it is Jess detention prison), one of the p robably had to do with my work serious and less di rect," Pic kman res ults was that the police just experience, but the attitudes added, "tJ1 e faculty has been didn't arrest as many people," she about hiring women were. much We realize every estate needs proper excell ent to me." said. different." planning to make its resources Pi ckman also worked as a volunteer at the Experimental Pickman sa id that the two Pickman said she enjoys the reach as far as possible. That's why Community Law Offices in East years working the department of students immensely and to those we've worked so closely with correcti ons was full of macabre who have trouble adjusting to a Harl em before being appointed to attorneys over the years. the nine-member Attica Prison hu mor, terrible tragedy and woman professor in Jaw school, Commission to investigate the bu reaucratic id iocy, and it was she advises to " pretend you're in cause of the riots in the Attica time t o go back to the books and the sixth grade, where teachers Prison. teaching. were-expected to be women." "A friend of mine was on the THEODORE H. SCHNEIDER staff and they wanted to hire a •\\•n·c Alumt ... Senior Vice President woman lawyer," she said . "This and Senior Trust Officer compensated for all the knocks." Committee Studies Pickman was the first wo man WI LBERT W. RUNCORN permitted to go into the jail and (Continued from page /) " We ' re asking, 'Are law Trust Officer talk with the inmates. Dunseath said. '" It's not an effort students meeting the demands of Her job as assistant general by l a w ye rs t o des ig nate the bar'," Kimble said, "and this ROBERT W. HEYER cou nsel consisted o f several curricu lum. There is a fine line probably can be answered by the Consultant TRUST DIVISION months o f interviewing, directing there, bu t we will be careful not bar. T hings could change, though, the upstate New York staff to go over that line." and we would open it up to PHOENIX 264-2711 o peration · and investi gat ing the Dunseath said the regents students and fa culty.'' 300 West Osborn Road act ions o f the prisoners. poli ce would turn the re po rt over to the Members of the committee, and Nati onal Guard d uring the presidents of Arizona and Arizona called the Action Force on Legal SCOTTSDALE 994-0371 riots. State, who would study it and Education, include chairman Levi 7373 East Camelback Road Afte r s ix m o nth s o f pass it on to their respecti ve law Ray Hai re of the Arizona Court of i n vestiga tion, the Commission deans. Appeals and Phoenix attorneys TUCSON 792-5513 • Edward C. Lc Beau , George Read compiled a repo rt which has been Kimble said the committee 150 North Stone Avenue published as a book and a ho pes to coordinate it s polling o f Ca rl ock, Louis McClenqen and documentary film o f the prison state bar members, inclu ding Gerald K. Smith. ~·~ NOGALES 287-3674 riots. recent graduates, with a si milar In addition to Kimble, Tucson 200 North Grand Avenue Pic kman then returned to New poll being conducted nationwide attorneys on the committee are , York City to work as the by the American Bar Association. W. E. Dolph, Gordon S. Kipps, :• .~. and Peter T . Gianas. •.. Ass istant Executive Director o f Other pl ans by the commit tee the revital ized New York City have not been formulated, Kimble Dunsea th said the 25·member . where you can put your trust Board of Correctio ns, a watchdog ·a··Iii 1ill said , but he an ticipated that adviso ry grou p, to include age ncy over the ci ty prisons. present students and fa culty attorneys, judges and probably · ' There are about 10,000 would not be in cluded in the the two deans, had not yet been inm ates in the city prison system , research. se lected by him.

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