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9-1966 The aC veat, September 1966

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Recommended Citation "The aC veat, September 1966" (1966). Caveat. Paper 6. http://digitalcommons.law.ggu.edu/caveat/6

This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. ------~~~==~==~~~------VOL. I, NO.7 GOLDEN GATE COLLEGE SCHOOL Of:= LAW SEPT 1966 SBA PRESIDENT'S MESSAGE Although several months have DEAN: CONTINUED passed since our Student Bar Association elections, I am taking this opportunity to again thank all EXPANSION IN '66 those students who campaigned, and voted for me. My wish is to I appreciate the opportunity afforded me by the CA VEA T to extend perform the duties of this office to my greetings to all the new law students and to welcome back all the re­ their satisfaction. turning students. This is the third year in succession in which we have had a special reason to be excited about our program and plans. In 1964, Also, I would like to welcome we were looking forward to the completion of the remodeling of 536 Mission our new and continuing students Street and our occupancy of the building. In 1965 we welcomed the first to the forthcoming fall semester class to start in that building. This year we welcome the first class to at Golden Gate College. It prom­ begin in our recently approved Three Year Day Division. ises to be an interesting and excit­ The addition of this program ing year for all: for myself and NEW ADDITION TO FACULTY will, I am confident, greatly en­ members of my class, because it hance the program of the entire is our last year; for the first, school and strengthen the part-time program. There are a number of second, and third year students, things we could not do effectively because of the new three-year with only a part-time program, but program, and the possibilities it which we plan to inaugurate very offers to all students for and ex­ soon. For one example we have panded curriculum. added to our full-time faculty the Our students may expect the position of Associate Professor Student Bar Association to be and Law Librarian. Miss Wendy playing an important part in Golden NeIder, LLB University of Califor­ Gate College activities for this nia, Hastings College of the Law next year. Our main objective is has been appointed to that position. to establish an effective placement She will organize an advanced Legal Writing and Research course, program, first, for our law gradu­ One of the more charming as­ and beginning in the Spring Semes­ ates, and then, for jobs for our pects of the Law School this term is Miss Wendy NeIder, the newest ter we anticipate that this course students while attending school. full-time member of the Law School will develop in to a Law Review Work on this program has gotten faculty. A native San Franciscan, Program. The course will be open well underway during the summer, Miss NeIder was an undergraduate to both day and evening students. under the chairmanship of Richard at the University of California at Other special programs and courses Marshall, Secretary of the SBA. Berkeley and received her LLB are under consideration. Recent Other work started by the from Hastings where she was on the changes iIi the content of the Calif­ SBA this summer is as follows: A Law Review staff. She was asso­ ornia Bar Examination have given committee comprised of John ciated with McCutchen, Doyle, the students greater freedom in Schneider and Larry Handleman Brown, Trautman, and Enersen selection of courses and for this has been gathering information with after her graduation from law reason we plan to remove several courses from the required list and respect to the pros and cons of our school. Her assignments here will be increase the number of electives. American Law Student Association Let me close by offering to Compulsory Membership Program, varied, to wit: teaching legal writing and research and one sec­ each and every student my best as is now in effect at the law wishes for a very successful year. school. This information will be tion of equity plus watching over the library and heading an advan­ presented to the student body, and Sincerely, ced legal writing course which will shortly thereafter, a vote will be be the beginning of a planned law John A. Gorfinkel Dean, School of Law taken to determine whether or not review. Continued on page 4 Continued on page 5 A committee to establish an ening trend toward concentration S. B. A. NOTES effecti ve job placement service which Congress wanted to halt." The first topic of discussion was created, with Rick Marshall to If the trend toward concentration was the Student Bar Association serve as chairman. would continue, the market would Constitution. Each member was It was emphasized by the gravi tate towards domination by asked to give particular considera­ President, and the Board concurred one of a few giants and such a tion to; that the Board of Governors' meet-' trend has to be stopped in its 1. election procedure, ings are open to the entire student incipiency. 2. adaptability to the three year body. In the future, notice of the Prior to this decision, Section program, meetings will be posted. 7 of the Clayton Act had been used 3. Law Wives participation in primarily against large national SBA activities and its effect r-...... ------I concerns rather than against local on the Constitution, and RECENT CASES OF INTEREST firms, and never before had been 4. general overall evaluation. U.S. v. VON'S GROCERY CO., U.S., used against an acquisition giving Chairmen were then appointed 34 U.S. L. Week 4425 a single local firm less than about to the two standing committees. May 31, 1966, the United 30% of the relevant market. Dave Loofbourrow was selected to States Supreme Court, speaking . Justice Stewart, in his lengthly head the Public Relations Commit- through Justice Black for the dIssent called this "a sweeping tee, and John Schneider will take majority with Justice Stewart and new construction" of the antitrust charge ofthe Orientation Committee. Justice Harlan vigorously dissent- laws, and declared that he could Revision of the Student Book mg, threw the antitrust bar into find only one thread of consistency: Exchange was discussed and the ostensible bewilderment. "The government always wins." following plan adopted for the .The .government challenged as As the dust begins to settle coming year: a vlOlatlOn of Section 7 of the the proposition emerges that whed Notice will be given requesting Clayton Act the 1960 acquisition an industry is showing any sign of students who desire to operate by.v0n's Gr?cery Co., Los Angeles' concentration, a merger between the Exchange to submit their thud ranklllg grocery chain of two substantial competitors may name to the Board of Governors. S~opping Bag Stores, the ar~a's be a violation per se of Section 7. Since the profits from operations SIxth largest grocery chain thus "Antitrust and Trade Regulation will be applied to the student's becoming the second largedt gro­ Report," July 26, 1966, stated a tuition, selection will be made cery chain in Los Angeles, pos­ government suit to outlaw such an on the basis of need, etc. sessing 7.5% of the relevant acqu.isition need be supported by Election of a treasurer was the market. nothIng more than evidence of next order of business. The nomi- The Southern California Fed­ ~oncentration trend in the industry nees from the previous meeting District Court, expressing e~al. lllvolved. " ... FTC statistics were Ted Long and Larry Handle- dI~ahsfaction with the government's plus other testimony collected a man. By secret ballot, Mr. Long e.V1dence on probable anti-competi­ year ago at the Senate Antitrust was elected. The Treasurer's hve effect, dismissed the injunc­ Subcommittee's hearing on econo­ first assignment will be to arrange tion suit.. (233 F.Supp. 976) mic concentration suggests there a separate bank account for the JustIce Black in reversing are few industries that are not SBA. At the present time, SBA said, "If ever such a merger would experiencing a trend toward con­ funds are controlled by the College not violate Section 7, certainly it administration. does when it takes place in a mar- centration. " Discussion was then directed ket .characterized by a long and toward the law school's represen ta- contInuous trend toward fewer and tion atthe upcoming ALSA National fewer owner-competitors ... " The t------Convention in Montreal. Several basic purpose of the Celler­ ~oard members felt that representa- Kefauver Amendment to Section 7 hon was a waste of time and money, "was to prevent economic concen­ ((oUoqup and therefore should be discon- trati~n in the American economy by tinued. However, it was moved keepmg a large number of small and seconded, and carried by a 4-3 competitors in business." Between "About 75 years ago, I learned vote, that the school should be 1949:1958, nine of the top 20 chains that I was not God. And so when repres~nted by at least one repre- acqUIred 126 stores from their the people want to do something I sentahve. John Schneider and sm~ller com~etitors. During this c.an't find anything in the Constitu­ Dave Loofbourrow were nominated peflod Von lllcreased its number tIon expressly forbidding them to with the former being elected to of s~ores from 14 to 27; Shopping do, I say, whether I like it or not attend. The question of mandatory Bag lllcreased from 15 to 34 stores. Goddamit, let 'em do it." , me~bership in ALSA was posponed Since the merger the number of Justice Oliver Wendell Holmes untIl a subsequent meeting. small stores has continued to de- cline. This is "exactly the threat-

2 present to serye the public and ship in ALSA. Dean Gorfinkel AlSA: Mandatory to improve the administration anticipates the $15,000 will be of justice through the organized available for the next academic bar, year. In this connection it seems Members~ip to Continue? 4. Provide a medium for interchange that the number of students a par­ This summer a special com­ of ideas among law students ticular school has participating in mittee was established by the from all parts of the nation and ALSA is definitely one of the Student Bar Association Board of promote student bar organi­ factors considered in determining Governors to conduct an informa­ zation, the amount of money made available tional survey concerning our Stu­ 5. Provide solutions of mutual to each member school for student dent Body's present status of problems of member student bar loans. compulsory mem bership in ALSA groups. If we as a student body elect (American Law Students Associa­ These objectives are reached, to have membership in ALSA on an tion). The following is a summary in part, by exchanging information individual voluntary basis we must of their report to date. between law schools and by distri­ then decide whether to let each In the past year many members buting various helpful materials. student handle his membership of the student body have questioned As examples of their attempts to indi vidually, or whether to estab­ our school's policy of compulsory accomplish these objectives, lish a student committee whose student membership in ALSA, ALSA lists the following: responsibility it will be to register asking why each individual student 1. Issuance of special reports and collect the membership dues is not given his or her choice in pertaining to the profession from those students who wish to deciding whether or not to become and the study of law, join. At the moment this chore is a member of this organization. And 2. Regional and national meetings handled by the administration. Five further, since we are all presently to provide an opportunity for dollars is collected from every members, what is ALSA doing for exchanging information about student during registration for stu­ the students that justifies this programs and problems, dent body purposes. A portion of continued compulsory membership. 3. Committee work of a varied and this (approximately $2.50) goes ALSA is what many consider useful nature, for ALSA student membership fees, to be the equivalent of the American 4. Publication of the STUDENT and the remainder goes toward our Bar Association on the student LAWYER JOURNAL, a forum Student Bar Association budget. level and is comprised of all ap­ for views of students, educators EDITOR'S NOTE proved law schools who choose to and practicing lawyers, desi gned On the basis of this report, become members. The school's to provide practical information the SBA Board of Governors will membership 1S seperate and dis­ to the nation's law students, consider our present policy of com­ tinct from that of the students. All 5. Distribution to law students of pulsory student membership, and law students are eligible to become the American Bar Association whether the $2.50 that now goes members of ALSA simply by virtue JOURNAL at below-cost sub­ for membership fees in ALSA could of being a law student. The stu­ scription rates, be better utilized to impliment dent memberships are available 6. Each spring regional confer­ programs tailored to our law school's either on a voluntary basis or, as ences are held at the circuit individual needs. Whatever the under our present system, each level to provide students with recommendations of the Board may student automatically becomes a the opportunity to meet and be, final approval of those recom­ member upon payment of registration exchange information and to mendations rests with the entire fees. discuss problems on the local student body. For this reason, a According to its own literature, level. vote on this question will be taken ALSA attempts to do the following A national meeting of the ALSA is sometine this fall. for its members: held each year in conjunction with 1------­ 1. Introduce students to profes­ that of the American Bar Associa­ sional problems and responsi­ tion. bilities they will face upon In addition, each member of admission to the bar, ALSA may purchase life insurance 2. Acquaint law students with the and law books through channels Your Favorite Sandwiches nature and activities of bar made available by ALSA. Made To Order associations, fostering a closer Through our school's member­ relationship between future ship in ALSA we participate in a BEER AND COFFEE lawyers and present members loan program which presently com­ 567 MISSION ST. of the legal profession, prises the bulk of the loan money 3. Promote the idea of profes­ Bet. 1st and 2nd Streets available to meet student needs. San Francisco, California sional responsibility and ac­ This school year appr oximately quaint law students with the $8,900 is available for student opportunities and obligations loans through our schools member-

3 PRESIDENT'S MESSAGE cont. the plan should remain in effect. Also this summer, on my own, Until the polling takes place, I have co ntacted officers of the hope each student will take time Law Wives Club, to ascertain to to familiarize himself with the what extent that organization would be able to participate in SBA acti­ ,ELECTION OF issues that the published infor­ vities - to date, nothing definite mation of this committee will pre­ can be said, although many mem­ 1ST YEAR sent, in order to vote intelligently. bers of that organiza tio n have On the same ballot, and again expressed a desire to help our after pUblication of the pros and student organization in its activi­ CLASS cons, the student body will be ties. Further information on any asked to ratify the new SBA con­ and all activities of the SBA may stitution presently being written be found on the SBA bulletin REPS by the SBA governing board. The board and in this newspaper. In vote on these issues hopefully will addition, all meetings of the SBA be taken at the same time that governing board are open to any elections for first-year class rep­ student interested in attending. resentatives are held, approxi­ In closing, I would like to ex­ mately on October 1st. tend an invitation on behalf of my­ Unfortunately, Golden Gate self and all members of the SBA College was not represented at the governing board, for students to American Law Student Associa­ become acquainted with us, to In the next few weeks, members tion's annual meeting in Montreal work on SBA committees, or simply of both the 1st year night section this year; althou gh the SBA, to offer any comments or sugges­ and the 1st year day section will through the class representatives, tions with respect to the SBA's be called upon to elect two repre­ had chosen John Schneider to at­ activities and student needs. sentatives from their ranks to serve tend on our behalf, he was unable Best of luck in your studies, in on the Board of Governors of the to do so due to the airlines strike. this forthcoming year. Student Bar Association. ~ -Pano Stephens- These four men will act as .. ATHLETIC SUPPORTERS liaisons between their respective Law Books Though the clientel may not classes and the Board of Governors. Used be as exclusive as the Olympic Currently, the agenda for this New Club nor is there a selection of years Board will include: a place- SAVE MONEY tonics or after-shaves, the athletic ment and interview service for BY DEALING WITH LAKE facilities and programs at the YMCA graduates, an emergency loan fund, are very good. The facilities in­ ALSA membership, incorporation All student Books & Aids clude, among other things, a gym­ of the S.B.A., and S.B.A. awards Also Practice Sets nasium for basketball, badmi tton, program, a student handbook, and Come where your cred i tis good! etc., an indoor track, weight and counsellor program. mat rooms, handball courts, ping­ The vast majority of programs Harry B. Lake Kenneth W. Lake pong, a pool, and a steam room. slated for discussion and possible In addition there are a number of adoption this year will directly MAIN STORE programs and classes in such affect the students in every class, 339 Kearny St., San Francisco things as handball, fencing, judo, SUtter 1-3719 as well as the school in general, badmitton ... which are scheduled and for this reason you are urged on a bulletin board at the entrance to make your selections carefully, BRANCH STORE to the YMCA. If you are unable to 138 McAllister St., San Francisco and once they h ave been made, to find an opponent, good competition UN 3-2900 work with the representatives you can always be found in these pro- have chosen throughout the year. grams which range from beginning ______to advanced. Golden Gate College has an are supplied by the Y for ten cents arrangement with the YMCA which or b.y.o. t and save a dime. The allows students to use the YMCA's YMCA is open every day until 9:30 facilities for thirty cents upon p.m. except Sunday when the hours ~ presentation of a pass -- obtained are 1:00 p.m. to 5:00 p.m. Passes at the Golden Gate College office for weekend use must be picked up on the second floor of the YMCA, on Friday since the office is not 220 Golden Gate Avenue. Towels open on the weekends. 4 BOOK EXCHANGE: USED CASE BOOKS AND ~abfl!, LAW HORNBOOKS FOR BEGINNING AND CONTINUING STUDENTS Last December, when the first WIVES Used casebooks and other issue of the CA VEA T was pub~ materials are available at the Stu- lished, it was predicted that what­ CLUB dent Book Exchange on the mezza- ever success and effectiveness nine of the library. The Exchange the paper would enjoy would be will be open August 29 through largely determined by the degree September 1 from 11:00 p.m. to 1:00' of support and co-operation it would p.m., and from 5:30 p.m. to 7:00 receive from the S.B.A. Board of p.m. It will also be open from Governors, the faculty, and the September- 6 through September 15 student body. Support from these during the same hours. groups did mafe-rialize; and the Continuing students who have development of the paper has been casebooks, hornbooks, and other made proportionately that much materials to sell are advised fo easier because of it. But then deposit them with the Exchange there is nothing so unusual about immediately, as the demand is much that. With effective support, the The Law Wives Club, now in greater than the supply. Your chances of success for any new its 4th year, has enjoyed an ex- books can be sold, and the money venture will increase. Panding membership each consecu- in your hands, within a few days The same can be t rue 0 f thO1S tive year, and hopes to continue after bringing them in. Jim Hurwitz years Student Bar Association. The the expansion this year. will be the man in charge this year, measure of success it will be As stated in its constitution, credited with next June w1'11 be and is the person to see if you the objectives of the Club are: have any further questions. determined by the amount of sup- 1. To cooperate with the Student t---.....;~------I port it receives during the coming Bar Association in the perform- Continued from page 1 year. Many of the pr ograms pending ance of its activities. before this years S.B.A. Board of 2. To provide an opportunity for Miss NeIder thinks legal Governors can have a meaningful the members to obtain a better writing and research is an essen- effect on the curriculum of this law e understanding oftheir husbands I tial part of the beginning law stu- school, both academic and extra- studies. dent's education. She intends to curricular. In many instances your 3. To provide mutual interest stress a practical approach to the support need be little more than through social contact among course which will include the showing an interest in what the the students and their wives. guided use of a variety of research Board is doing and voicing your During the last year, through materials in the answering of par- opinions concerning their action to frequent coffee sales held for the ticular problems and in the prepara- your class representatives. evening classes, we were able to tion of memos. There will be in- There seems to be litHe doubt raise a $100.00 scholarship to be struction on the physical prepara- that the reputation of our law school awarded a deserving student. This tion of memos and there may be will show a marked increase in the project was conceived and carried some exercise in the construction next 4-5 years. Yet why wait 4-5 out by Barbara Rosenberg, the past of various pleadings __ complaints, years if your support this year will president. answers, etc. Eventually the stu- bring about this change at an eailier Future plans for the club in- dent will be assigned a problem date. clude speakers such as Dr. R. E. for presentation before a moot By way of clarification, the Orcutt, Associate Clinical Profes- court an d W1'1 1 learn how to prepare articles'11 which. th haveCAVEAT appeared h orld sor for the U. C. Medical School, a proper appellate brief for his case.'W1 appear 1llb e t d S ou Mr. Michael Golden and other Miss NeIder promises to be an 1nfl nof wayf S eB consA' rue as. a . re- faculty members. Also on a tenta- ec lon 0 .., Vlews, OpllllOnS, asset to the Law School, and we or policy, unless so indicated. tive agenda are the fall dinner, wish her welcome. - The Editor - Christma~ party, White Elephant ~------~------~ Sale, and the June picnic. EDITOR IN CHIEF The regular monthly meeting D. T. LOOFBOURROW, JR. for the months of October through ASSOCIATE EDITOR June shall be held on the evening PUBLISHED MONTHLY BY THE M. C. COLLINS STUDENT BAR ASSOCIATION PUBLISHING EDITOR determined by a 2/3 vote of the J. F. VILLANY Club. An announcement of the GOLDEN GATE COLLEGE SCHOOL OF LAW, SAN FRANCISCO. BUSINESS MANAGER first meeting and a program will be R. HUDDLESTON mailed to each law wife and will REPORTERS also be posted on the upstairs A. CUNNINGHAM J. EDELMAN R. SCOTT JR. bulletin board. 5 UNKNOWN "Eventually the pUblicity gets out In Gideon vs. Wainwright (372 MAKES LEGAL HISTORY and it changes the attitude of the US 335, 9L ed 2d 799), the Supreme Clarence Earl Gideon, whose guy (employer)," said Gideon, who Court ruled that indigents have case opened prison doors for thou- has been living in Miami. "He be- the right to free trial counsel i~ sands of inmates, thinks the mile- comes doubtful about you and lets all felony cases. The decisic.., stone U.S. Supreme Court decision you go." applied retroacti vely to all convicts that bears his name has been both At the same time, the decision who had been tried without lawyers, a blessing and a curse. has also put him under enormous and in Florida alone more than Of all the obscure defen-dants pressure to lead a better life. "I 1,000 prisoners have been freed. whose cases have led to landmark can't afford to get into trouble After the ruling, Gideon got a sec­ Supreme Court rulings, Gideon is again," said Gideon, who has been ond trial. This time, the court perhaps best known today. He. has in prison five times on robbery, appointed an attorney, and Gideon been the subject of a book burglary and larceny charges. "I was acquited. ("Gideon's Trumpet" by Anthony got too much going for me, too Since he got out of prison in Lewis), a television documentary, many people who have backed me." 1963, Gideon says he has been in an educational movie, and dozens Gideon was sentenced to five jail only two days. Once he was of newspaper and magazine articles. years m 1961 for breaking and picked up in a drunken-driving He is a hero in the underworld. entering a Panama City, Florida, case, but he said he was the pas­ Among prisoners at Florida's state pool room. From his Railford senger and the police released him. prison at Railford, he is known as prison cell, he wrote to the U.S. The other arrest came in J efferson­ the "golden knight." "Once I was Supreme Court, saying that he had ville, Indiana, where he had stop­ on a bus in Fort Lauderdale," said had no attorney even though he had ped during a cross-country trip. Gideon, "and a young fellow comes asked the court to appoint one. He said he had run out of money up to me with his wife and says, Florida law required attorneys only and went to sleep on a river bank. 'Let me shake your hand. You got in capital cases and the Supreme Police charged him with vagrancy. me out of jaiL'" Court upheld all such state laws. "But when they found out who But the 56-year-old ex-convict, But the high court agreed to hear I was," Gideon said, "the charge poker shark, hobo and jack-of-all his appeal and appointed Abe was dismissed. I wound up signing trades says the pUblicity has made Fortas, then a Washington attorney autographs for the prosecuting it nearly impossible for him to hold and now a Supreme Court Justice, attorney and the radio station raised a job. In the three years since the as Gideon's l~wyer. enough money for me to leave." his~ricr~ing, hehasbeenacom-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ mercial fisherman, construction worker, gas station attendant, and bartender at the Kentucky Derby. Kenneally's Sport Shop

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