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Hastings Law News Vol.30 No.2 UC Hastings College of the Law University of California, Hastings College of the Law UC Hastings Scholarship Repository Hastings Law News UC Hastings Archives and History 10-10-1996 Hastings Law News Vol.30 No.2 UC Hastings College of the Law Follow this and additional works at: http://repository.uchastings.edu/hln Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.30 No.2" (1996). Hastings Law News. Book 226. http://repository.uchastings.edu/hln/226 This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. HASTINGS LAW NEWS 'I ( I (),' ;'(1 fo flJ()() \,,1111111,(1 \1/1II1JIIJ ASUCH Challenges Disciplinary Standards Osakue,ASUa-IProtestExpulsion Breeden Resolution Passes Glenn E. Von Tench their resolution 96-35, heard Glenn E, Von Tersch Associate Academic Dean Sca1Ien woold dilute Breeden's original ADVERTISING MA.'1AGD. Qsakue'sstoryandunanimously ADVEIlT1SINO MANAOEJI. said that "u ASUCH is calling for resolution. The amendment el~ted 10 pass a resolution this based on the outcome of one evenwallyfCllTledthebasisofa Third-year Sam Osakue is askingKanetoreversethepanel A resolution presented by hearing, that isOOd lawyering." second resolution passed at the battling with the school and reconsidec Osakue' s case. Director of Community Affairs Theprimary~pJanationofthe meeting. administration for a chance 10 Further, ASUCHhasproduccd James Breeden at an emergency process to the assembled The adminisualion has complete his law school a petition that was SIC dropped meeting last Wednesday sent a representatives came from third­ traditionally run the student educalion. The administratioo ooMondaynighlaskingstudents signalthattheAssociatodStudents year Sam Osakue, who claimed disciplinary proces.s in a manner held a hearing on October 1 to back this resolution. of the University of California at that he hadjuSlexperiencodit slightly different from what is before a Ihrec-membu rac:ully­ Osakue has managed to Hastings demands the Osakue contended that the written in the Student Code of student panel, and the panel obtain the support of ASUCH adminisualion's auention to regu1alionsrequirethatthechairof Conduct The code caJIs for the decided to expel Osakue. though he refuses todiscllSs the refonning the student disciplinary the Student Conduct panel cboose appointmentoftenpeopletoapool However, under current merirs of his case beyond Ihe theOlherlWomembersofthepanel. forthepanelsinthe.<Jeheari.ngs. disciplinary regulations he can allegations of procedural """".At the end of the Sepcember In his case. Academic Dean Leo From that pool, one person is remain in school until his appeal misconduct on the part of the 25th ASUCH meeting Breeden Martinez named Hastings Law designated~chairbytheAcademic to Dean Mary Kay Kane is administration. Second-year called IWl emergency meeting for JoumalEdin-in-chidJotmKelIey Dean, and that person chooses who decided,and he has thirty days ASUCH representative Tracy the following Wednesday. The tothepanelaloogwithProfes.soc wilIsitonthepanelswhenhearings from the October I hearing to RomanhasrelayedfromOsakue meeting was called tocoosidera JamesMcCall,thechairofthepand. come up during the year. melhatappeal. only that "He win conftml that resolution demanding the AdditionalJy, Osakue contended In practice, the Academic Osakue is appealing only on he claims to be a U.S. citizen administration refonn the student lhattheschoolfailedtogivehiman Dean's offICe has chosen only the grounds of procedural due and Hastings claims he is not." disciplinary process. Third.year oppcnunity to have his case heard faculty members of the pool proce$Sviol.ationsoflheStudent Roman also indicated that SamOsat:uetestifiedtherrocessis andtohavecounsel~tathis independently and !hen used the Conduct Code by the Osakue will not discuss the administered unfairly. Osakue hearing. editors-in-<hief of the jouma1s as administration. merirs of his case or waive alleged that the posecuta has the As a result of Osakue's student members. According to In addition, Osakue has confidentiality of his clliaetiontochooselhejudgeswho testimony, ASUCH offered an Martinez,thisaUowsforJea'lOnably refused 10 waiveconfidentiality proceedings because his bear the charges and weigh Ihe amendment to the resolution, specdy hearings without too much of his disciplinary proceedings, attOrney warned him that doing evidence. Thesameprosecmorhas consisting of a caU to Dean Mary in the wayofschedulingconfficts. so !hescl'KXll canootcomment SO cou1d prejudice any furlher the discretion to choose which Kay Kane to reverse the panel More importantly, Martinez said on any of the stalcmenlS about proceedings. However, Osakue chalgeslObring.Osakuecontmded decision to dismiss Osakue. he believes that ''the editors of the his case. As a result Osakue has contends that he is only thattheregulationsdonotrequirea Breeden refused to presenlthe joumaJshave been elCCUld by their fnwrated Martinez and Scallen challenging the due process studettmemberofthepanelheaing amendment as a friendly peers on the basis of their since they have expressed a viola1ionsofhls hcaringbefCR the charges and evidence. He amendment. Opposed to an judgment" Martinez coo.sidered. dc:sitelOeJtplaintheirsideoflhc the panel, and that forms the pointed out that the students that unfriendly amendment, members this a strong indication that these StoT)' but are prevented by basisofhisrequestforreversal Ihe prosccution chooses for Ihese of ASUCH voted down the students 'fVOUld be able to be fair FERPAprovisionsguanmlocing of the panel. lypesoCpanelsare,traditiooally, proposal. Most of the ASUCH andimp!ltialintheirhearings.AIso, KhooI. R'.COfds confwkntiality. Additionally, Osakue has the editon·in-<hlef of the six law rqttseIltativessaidaftcrwardsthey the editors-in-<hieftypicaI1yhave ASUCH, already meeting in an joumaIs.lnaninitialrespoosetoa believed the amendment belonged 'ff OS/oKUE, p.6 emc:rgcncy scssioo 10 considtt description of the meeting, in a gepII1SIeresol.ution,and that it 'ff BREEDeN,,.1 Privatization Looms Over UC Law Schools Peter Truman implications. "It is clear lhat the education expenditure and targetintheprivatizalionproposal. In This Issue ... SI'£QAL TOTlII! LAw NEWS Governor is serious about decreasetheproductionoflawym The Governor's office has been very explicit when asked lhat by NEWS Eartierthisyear;GovemorPete examining [the privatization of at wthecosl-savingstothetaxpayer. least one school] and it is "Asamanerofpublic policy il ootb Hastings. as weD as others, DiadelaRua ................ 4 Wiboo proposed to privatize one somethillg he is very interested in is very impooantfor ... astatelhe saying "no, he would like to have Open Mike Sessi<m ......... 4 of the University of California's ... butitisnotatallciear ... whal size and complexity ofCalifomia oneoftbefourUCiawschools to For the Record ,.............. 2 law schools. He has asked for he wiU do when hercceives this to have the four [public law beprivatizedanddoes not have in m:ommc:ndationsastowhichlaw FEATURES [February] report," schools} that it has." Kane said. mind a particular law school that school to privatize and how do it. Dean Mary Unclassifieds ................ 14 would be a better candidate than Topreparearep,xtthatwillbe Kay Kane said. "[ThereJisfarfrombeingagiutin Rest.aurantReview ....... 14 The reasons forthegovemor's tenns of the resources of public any other law schooJ." submitted to Governor Wilson in Movie Review .............. 15 education being devoted to a However, Travis Baird, February, the UC Board of requcstcouldbedrawnfromhis Horoscope ..................... 19 poSition on education. As pointed professionaidisciplinethatisso ASUCH Extemal Vice-President, Regents and the Hastings Board by criticaltothefutureoftbecitiz.ens said he is "intrigued" by the VIEWPOINT ofDirccIOTS have formed scplNlte out UC Student Regent Jess ofCalifomia" uncharacteristic effons of the EnBaoc .. 8 ccmntiDee:storeviewtheproposal. Bravin, "Wibon does not think lhatpubliceducation is a public Further, Dean Kane said she HastingsBcmlofDirectorstowork lLReview ..................... 7 Currendy, each committee is in Dean Team ...................... 7 theproce.uofgalheringdatato good."Wilsonwishestopivatize believes Wilson's privatization in concert with the Board of Regents. On issues in the paSlthat determine the feasibility of one of the law schools because it proposal is not solely directed at privatizing a law school and its would decrease the state's one school. .. Hastings is not a 'ff PRJ"VA.Te,p. 1 HA.STJNGS L"w NEWS OCTOMA 10, 1996 WiBHastingsGoPrivate? Decision NotDue Un1ilMid-l997 PRIVIoTE,froMp.1 requires thai the initial donation UC students will oppose !he schoolsthatishas,andindeed, the oruc woes is the UCSF lfIeIJ!:eI" by Serranus Hastings of privatization of any law school. gradualeSofthose four public law wilhStanfml.. Thcpromu1gation have concerned the law schools, approximately $100,000 in 1878 "Education is key 10 a stronger schools actuallycoostiWte a very of health maintenance Baird noo:s Hastings has been would berefunded with interest to economy and the govemorsbould small proportion of the iawyers in organizations in the state of successful in working his estate if Hastings should prioritize education," said Kimi theSlalCofCalifom.a.Eventhough
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