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Spring 1986 J. Reuben Clark Memorandum: Spring 1986 J. Reuben Clark Law School

J. Reuben Clark Law Society

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”We think it more commendable to get up at 5:OO a.m. to write a bad book than to get up at nine o’clock to write a good one - that is pure zeal that tends to breed a race of insufferable, self-righteous prigs and barren minds. ” -Hugh Nibley, Zeal Without Knowledge

In this issue. . . Looking at the history of the L.D.S. Church this sesquicentennial year, it is not surprising to find many illustrious contributors to our legal heritage. Franklin Snyder Richards was one of many early Mormon attor- neys who distinguished himself at the bar, serving for over half a century as General Counsel of the Church. Also, in what may prove to be one of the only such visits ever made, Soviet Justice Smirnov’s visit to B.Y.U. in October provided many interesting comments on the Soviet judicial sys- tem. Denver Snuffer’s enlightening articles on the identity of Alphonso Bedoya and the art of interviewing provide a lighter insight into the realities of JRCLS The SBA has also been busy this year establishing a reputation for activity unequaled by previous classes. Finally, the appear- ance of the Inns of Court concept in Utah marks a new era of cooperation between the Bench and Bar. Franklin S. Richards 1849-1934 J. REUBEN CLARK morandum BRIGMN YOUNG UNIVERSITY IAW SCHOOL

CLARK CONTENTS MEMORANDUM Volume I1 Number 1 2 Chief Justice Smimov Visits JRCLS

6 The American Inns of Court: A New Beginning

7 Phi Delta Phi Establishes Sutherland Inn at J. Reuben Clark Law School

8 JRCLS and the ABAlLDS

12 Legacies in Law: Franklin S. Richards, Attorney in Crisis

19 B.E. Witkin

20 On Interviewing

22 In Search of Alphonso Bedoya

Layout and Printing: 24 Legislative Drafting Service Press Publishirig Lfd -or- If You Don't Like It - Rewrite It!

25 Was It All Worth It?

26 Student Bar Association Board of Governors

28 Alumni News Chief dustice Smirnou Visits mCLS

“My dear colleagues, irrespective of other countries I know that you approach formed the basis of law Then something your age, for we are colleagues! Time has your studies very seriously I tell you that happened in 1953 and lawyers started to but one capacity, it moves only forward It our profession is such that it can be treated take their place How this process will go is very, very good that, university wide, either very seriously, or you should quit further, the author of the question (above) this is the first such lecture It is with less this job and go out into the crowds, or doesn’t know The questions we have pleasure that I recall my age at the mo- clean streets Your university has a good gathered, these were the questions that ment, but nothing can be done; time is reputation in the United States, and I want wete of great value for the great founder of moving! to tell you it is nice to meet you our country, Vladimir Ilyich Lenin From I must say that I am especially pleased We have 29 questions (previously the early days of soviet power he posed to have this meeting with you You have a submitted) and we have little time at our the question of, “What to be guided by?” university built up similar to higher educa- disposal We decided it would take about Old laws? Could the old laws be taken tional establishments and schools of law in 24 hours to respond to all of them I will intact completely? Probably not pick out those questions which I feel have During the first days of soviet power, been most correctly formulated Editors Note: Lenin put forward the task to crush down (Qimtstioiz #1) In the early days of the hjt October, irr (111 Irrrpreceriderrted uisit ty sni- Soviet era, there was an understandable era/ of the Iiiggliest jcrdicid officials iri tlie So&/ mistrust of the dead and unhealing hand Uriiori to the BYU Carrips, Cliief justice L~71 “In those extremely difficult years of Nidiolinz~icliSrriirriov of the Souiet Sirprerrie Court of the law Then a stream of decisions atltitesserl the lax stitderits iri tlie Moot Court Rootti were rendered with moreattention to then our county; years of civil war, the Zri rnkzciirig the zdeo tapes triode dirtitig /lint pie- current foreign policy and administrative years of intervention, the years of seritatiori, sezwal diffirulties zuere errtoirritered in pressures than to natural readings of law hunger, theyears of disorder in the pfe~JiZtil7~a ttariscript for [JidJ/icU/iOti Midl of t/ie and juridical precedence We understand trarislator’s dialogre uus choppy arid ori/g economy, Lenin insisted on corituiried that since 1922 there has been more sup- ,, frugrrierited staterrrerrts’ 0thcortiiirerifs iiirririg tlie port for greater predictability artd fairness creating new legislation. sirfiirltamoirs RiissiariiEri~lislidelizlenj rcwe riii tit- of a rule of law, and that the legal profes- alli/ ~rriiiitelligible What follouis, (so fat as it is sion within the USSR has cnjoycd in- trarislateil correct/!/) is a pat tidy edited 7ietsior1 of Mr CIiief justice Sriiirrioi~’~rcrriatks The editor creasing status and independence 1s this completely the old judicial system; from accepts sole resporisibility for glaririg iriacnrrmies, view basically correct? If so can you give us the Senate, which was the Supreme Court arid iiiriifes the atterrtiorr of theseekirrg fitrther illustrative examples? of Tsarist Russia, down to the smallest light arid krimuledge to rliileo tape #7O irr the audio- Until 1953 there existed nothing cells which were the local courts There visual oflice Some decisions were adopted, and they were a lot of arguments about that time

2 CLARK MEMORANDUM point or question may he raised again b!, the Supreme Court ot the USSR, the I'r~)cur,itor-Gener'il, '1 member of the par- lianientar\ bod!, or a member of the Sup- reme So\iet The Chief Justice is a member ot the Supreme Soviet, ,itid an indi- \ idu'il membtv of the S~ipreineSo\riet, he c'in raise tlie question IYhat is called a Constitutional court, lve arc not that kind of court Though during the first years of its existence the Siiprtxme Court of the USSR tillf illed those functions No\v about the Suprenie Court itself, and whCitis th,it? hl!, friends, it is not a big court, it's '1 small court I he session of the Supreme So\iet of the USSR elects for a period ot ti\.? years nineteen members of t hc) S ii prc mcx Coil r t i ncl LI ci i ti g t h e ch,iir- ni cin , t \v o cie p ti t \, ch '1 i r nic, n , '1 tid t ti ree br'inche\ th,it settle m;itters on criminal, ci\ it, ,ind milit,ir\, mntttrs The Suprc~nic~Court ot the LISSR (in c>dditionto tht. 14 clt,cted justices) includes 15 more iiit'ii I Iitw' are the Chairmen of the Suprenie Courts ot the constituent re- publics hlr lustict, Karania/o\r is at this srime time the Chief Iiistice of the Sup "The Soviet state and all of its bodies ieme Court ot the GeorgLin liepublic. and function on the basis of socialist a nit~mherot the Supreme Court ot the law, insure the maintenance of law L'SSII hlr Justice Smirno\, (translator speaking in third person) for ten years was and order, and safeguards the the Chief Iiisticc. of the Supreme Court of interests of society and the rights the Russi'in Ft'i!cration Of course that is a and freedoms of citizens. State big republic \$,itti A big population, 132 organizations, public million in twpiilation; 'ind he was a member of the Supreme Court of the organizations, and officials shall USSR This participation of the Chief Jus- observe the Constitution of the USSR and Soviet laws."

BIIICHAM YOUNG UNIVERSITY 3 tices of the republics in the Supreme Court it is theirs up to the end of their lives The publication of our Supreme Court, the re- of the USSR gives us much, because we work of this council is a great help to us ports, is not an adventure book. It is a have here real experience, and we have These are known people, intelligent pocket size series and has a circulation of learned to process and put aside the mis- people, great experts who know the ter- 130,000 copies All of the law magazines takes of the lower courts in our hearings of minology and the language of the law, published by the government are very im- the Supreme Court who know very well the juridicial lan- portant as a second source I want to pay attention to the applica- guage, not as other lawyers who speak The last thing I want to say, some tion of the law, that is the third item I want nothing but the language of a dead fish! lawyers have the impression that we do to do here The matter is that some (politi- We have limited the competence of nothing but hear cases in the first instance cal) scientist somewhere wanted to give to the Supreme Court, we cannot hear all of But the Supreme Court hears such cases the cases We hear either the cases that only when they are very serious. This is “Let me say finally, when we were were presented to the Supreme Courts of something that is qualified in the legisla- the constituent Republics as original tion about the Supreme Court as cases of coming to your university, I was cases We take them by way of supervi- superior state importance The less cases very favorably impressed that at sion Another group of cases are the cases we have, the better it is, because usually your university you don’t drink and that have gone through all the instances they involve very grave crimes For exam- you don’t smoke. You agree not to from the very lowest courts to the plenary ple, such cases as theft in big amounts But session of the Supreme Court of the quite recently we had a peculiar case, a drink and not to smoke while you USSR That is why sometimes in the ple- case I had never seen before That was a are attending; this is extremely nary sessions of the Supreme Court there case of three lawyers that got together and important.” will be a case seemingly very small The created an underground illegal enterprise press in the Soviet Union reported that the in the production of fur coats from beaver us, to give to the courts, legislative pow- Supreme Court had taken up the case of a and expensive furs For a year and a half ers As a plenary session, we would (be lady who was fired from her job and they happened to steal 1l/z million rubles able to) get together and discuss, and then moved out of her apartment We restored We did not take it because still we thought publish a law That would have been very her in her job and gave her back her it was not so significant, but we changed dangerous because that would have apartment, but that was not available so that It seemed dangerous to us; that was created an absence of law The matter is quite a new specialization of lawyers, the right application (of law), that is our “I wasamused by anotherfigure, the specializing in furs, that seemed a new task greatAmerican writer, MarkTwain, step in the profession We have a special Department of The most important task to do is to Generalization and Analysis of the Judi- who said there are three types of know what is going on judicially between cial Practice consisting of experienced lies: simple lies, the violation of the Baltic and the Pacific Coast There is lawyers and members of the Supreme oath, and statistics, the latter being 11,000 km if you measure from the Artic Courts from the Republics They follow the worst kind. I remember that Ocean to the Pamir Mountain Range in and discuss the documents that we adopt Central Asia To be knowledgeable of and those explanations of how to apply because I had to go two times what is happening and the ability to them We have one more branch which is through the statistical data.” extract at a given moment an explanation the Scientific and Consultive Council con- that will deal with the drawbacks of a case, sisting of 40 leading theoreticians and we arranged for a better one After six that is what is most important That covers practicing lawyers, which also takes part months, she retired In the law of our the main fuctions of the Supreme Court of in the discussions Some of the points you country, we do not consider these such a the USSR hear are being expressed by outstanding small matter, because sometimes on these Dear colleagues, in every country lawyers, or by the single fact that this small cases we make big conclusions You there exists this evil In some ways we are point of view they express is their scien- have precedence here, but we do not have in a better position because we don’t have tific dissertation They stand for this point that Our decisions serve as examples for drugs or narcotics, bad things like heroin of view or defend this dissertation because the lower courts who must take them The I have just published a book about the

4 CLARK MEMORANDUM Tokyo Trials of the war criminals I was a while you are attending, this is extremely participant; where such matters were important Because if vodka appears, known as to what makes a drug addict. there is a moral and ethical climate that We have one drug in our country known contributes to new crime Second, I think as marijuana In your country it is hashish, that your teachers do the very right thing in the orient it is also cannabis In prisons when they pay so much attention to the of our country it is called grass simply I problems of the family You see, at our know that some of the jurists want to present time when in a family both the make smoking marijuana legal What can husband and wife work; you probably be done about the fact that smoking it has have the same situation, we have a ten- very grave affects on young people. Be- dency to lay too much responsibility on sides marijuana, we don’t have anything the school. Very often schools may give except a negligible number who would knowledge, may give some educationally take amphetamines They’re negligible. minimal knowledge, done in a new fash- the latter being the worst kind I remem- Some might get opium. Our young people ion I look at the miracle of my grandson bered that because I had to go two times have come to know LSD, and that is an He is seven years now, and he thinks that through the statistical data evil too soon he will do things you were taught in My colleagues will answer other We are worried by another matter; we high mathematics He is in the first grade questions, but first, I want to say a few are worried about vodka! I checked the now They become even clever; but they things During the war, I was among those judicial statistics. 52% of all criminal cases grasp the knowledge! But something that who were fighting against the Nazis, and were done in a state of drunkeness It goes should make human beings human, very during the severe months of the seige of without saying that such greater crimes as often the school is not capable of giving It Leningrad I stayed all those months in murder, etc about 80% of such crimes are just cannot do that because you cannot Leningrad Then I was asked to investi- committed in a state of drunkeness Those place all the responsibility on the schools. gate the Nazi crimes; violations of law and who have gone through what a very fam- In our country, great work has been done crimes against people. Treblinka Mauth- ous lawyer has referred to as our prison by the pioneer groups, the young organi- ausen Dachau Concentration camps. universities, these persons have learned zations We have created a lot of schools Then later on in another part of the world, that killing a wife out of jealousy will not where they can develop their talents. A I was in the Tokyo Tribunal, together with be considered a great crime. So then when common picture in the streets of Moscow my American colleagues, I was prosecut- he asks his wife for more money to get would be a small boy or girl who, after his ing Japanese war criminals. Now, why I drunk, and she refuses, he will kill her and ~ recall this; not to deal with the facts of my say that it was out of jealousy and avoid “I think that everybody must do authority. I tell you that I have seen in my the penalty for the grave crime he has lifetime a great deal of violence, a great committed everything he can to prevent deal of human death I saw the results of Let me say finally, when we were nuclear crisis. The preservation of the last atomic bomb dropped on coming to your university, I was very peace is for our profession perhaps Hiroshima That was awful. That was favorably impressed that at your univer- something that is now considered to be sity you don‘t drink and you don‘t smoke thegreatestofall responsibilities.” one bullet in the present thermonuclear You agree not to drink and not to smoke arsenal There are devices a thousand ordinary school, would go to the musical times stronger than that one I don’t know school for continuation of his studies But if I should believe it or not but sometimes it in the family there is drunkeness It ruins is claimed that our planet can be destroyed the child. It is simply just not under our not once, but several times over and there protection The classical picture of this would be no auditoriums, no lecturers typical situation would be the father who coming from other countries, there are comes home from his work and will sit professors at Moscow University who down, and the child will come up to him may never get here! I am saying this be- and he (the father) will say, ”don’t bother cause we are now struggling for a coeffi- me! I am tired!” The great attention that cient of nuclear weapons, with SALT I1 as you are paying generally in this state to part of it I should think that it would be a your family, and which I understand is great step forward in the survival of our one of the basic principles of your organi- countries if we do this I’m saying this is zation, this is a very important point. not because I came, and not to convert Maybe the last point concerning you, but as a participant in the second criminal offenses is that we do too little to world war which you will remember has find out those who involve juvenile delin- taken over 50 million lives, which in our quents in criminal activity For a big coun- country was over 20 million lives. During try like ours, we have 3,200 such particular the mass killing by the Nazis, that figure cases of involvement We think it is not was 12 million real I was amused by another figure, the I think that everybody must do every- great American writer, Mark Twain, who thing he can to prevent nuclear crisis The said there are three types of lies: simple preservation of peace is for our profession lies, the violation of oath, and statistics, perhaps the greatest of all responsibilities.”

BRIGHAM YOUNG UNIVERSITY 5 Membership in the New Inn included a dozen experienced lawyers, a dozen The American Inns young lawyers, a dozen law students, five judges, and three members of the law of court: school faculty Dean Lee spoke briefly and complimented Judge Christensen for his efforts and enthusiasm in planning the A New Beginning Inn of Court "It was Judge Christensen more than any single other person who is responsible for this gathering,'' said the On Tuesday, February 12, at the Dean, referring to the fact that Judge Riverside Country Club the first meeting Christensen had the most significant of an Inn of Court was hosted by the J input and foresight in bringing the Inn Rueben Clark Law School In attendance from the abstract to reality were Lawyers from the state of Utah, Judge Christensen, in his characteris- Judges from Utah, the Ninth and Tenth tic modesty, spoke briefly and insisted his Circuits, faculty members from the J Re- contributions were minima1 Judge Chris- uben Clark Law School and students The tensen went on to say: "I hope those of meeting was the culmination of several. you who are here catch the vision of what years of thought and planning we are doing. If what we are about proves The process leading to the establish- to be an effective mechanism for bettering ment of the Inn was described by Judge J lawyering skills, our program will be Clifford Wallace of the Ninth Circuit Court noticed and copied nationwide." of Appeals in an address given at the Interest in the Inn of Court runs all the gathering Judge Wallace had accom- way to Chief Justice Burger The Inns of panied Chief JusticeWarren Burger and Court system, it is expected, will one day others to England several years ago to ob- Judge A Sherman Chrisfemen run nationally Certainly there is no ar- serve the operation of the English Bench gument that imrpovement of a lawyer's and Bar Among the positive things ob- sibilities of developing such a system in advocative skills is a universal goal, sup- served there were the British Inns of the United States Joining them was Judge ported by The Cranston Committee, the Court These Inns of Court bring together A Sherman Christensen, a Federal Dis- Devitt Report, the Chief Justice and the Judges and Lawyers in an atmosphere in trict Court Judge for Utah American Bar Association The problem is which a free exchange of learning and in- In late September SBA President conceded, the cure is what is wanted The sight can be made Impressed by the pro- Terry Turner appointed Bill Orton to head Inn's of Court may prove to be the cure fessional atmosphere and dialogue, the a three member ad hoc committee, which The Inn established this month wiIl Chief Justice asked Judge Wallace to included law students Vaughn Crawford, meet monthly; at each gathering a discus- spearhead a committee to examine the Mike Eldredge, and Denver Snuffer, for sion will be held on a specific subject The possibility of establishing a similar Inns of the purpose of assisting in molding ideas March meeting, for example, will feature a Court system in the United States into a viable program The ad hoc commit- voir dire conducted both under the federal After reflecting on the challenges in- tee, under the direction of Judge Christen- procedures, utilizing the judge, and under volved with establishing an Inn of Court, sen, drafted a charter, decided on mem- state procedures, utilizing lawyers, to be Judge Wallace concluded it would be best bership, and with the financial assistance followed by a discussion on the relative if the Inn was established in conjunction of the law school, conducted the first merits of each system It is anticipated that with a law school Over the next few meeting of the Inn The the initial meeting the discussion will be lively with all pre- years, Judge Wallace and Dean Lee dis- a board of six benchers and a chief execu- tive officer (treasurer) were elected, mod- sent contributing. The strength of the Inn eled after the traditional English system is in the enterchange of ideas During the course of his remarks, Judge Wallace reminded those in atten- dance of the observation made by Chief Justice Burger about lawyer competency before Federal Courts "It is hoped," said the Judge, "that this Inn of Court system, the prototype of which is being estab- lished here tonight, will contribute in a unique way to the education and training of practicing Lawyers and Judges Tradi- tional law school training, fraternities, and Continuing Education programs have proven inadequate. We hope to establish a new catalyst to fill in where a need cur-

rently exists " JRCLS Dean Rex Lee Bill Orton Phi Delta Phi Establishes Sutherland Inn at J. Reuben Clark Law School

Phi Delta Phi, founded in 1869 at the University of Michigan, is the oldest and largest professional legal fraternity in America.

The George Sutherland Inn of the In- ternational Legal Fraternity of Phi Delta Phi was established at the J. Reuben Clark Law School on October 13,1979 Members of the fraternity’s Executive Council gathered at the school from all parts of the country to administer the fraternity’s 110-year-old ritual to 32 student initiates and to the Sutherland Inn’s first honorary member, the Honorably Aldon J. Ander- son, Chief United States District Court Judge, District of Utah Membership of the Sutherland Inn doubled at its Winter Initi- ation held February 5, 1980, which in- cluded the induction into Phi Delta Phi of the Honorable Malcolm R Wilkey, United States Court of Appeals Judge, District of Columbia Circuit TheBenchersadministerthePhiDeltaPhiRitualat the Winterhitiation From lefttoright: MagisterGregory Burr, JudgeAldon Phi Delta Phi, founded in 1869 at the Anderson, Richard Clark, Esq ,Professor Douglas Parker, and Jack Bush, Esq University of Michigan, is the oldest and largest professional legal fraternity in America Chapters of the fraternity, called Inns, after the Inns of Court in England, are organized at over 130 law schools throughout the United States, Canada, and Latin America The International Headquarters of Phi Delta Phi are located in Washington, D C The purpose of Phi Delta Phi, as stated in its Constitution, is to promote a higher standard of professional ethics and culture in the law school and in the legal profession at large. The Sutherland Inn is meeting that goal by sponsoring speakers at the law school and holding various so- cial and cultural activities. The Inn has also PHI DELTA PHI OFFICERS, from left to right: Mark &bright, Cindy Frazier, Gregory Burr, Reid Everett, and Jonathan Duke

held several fundraising activities this Reid Everett, Clerk, and Mark Albright, year to provide it with the means to carry Historian out its programs The Sutherland Inn recently named Months of careful planning and prep- Gregory Burr as the first recipient of its aration went into the founding of the annual Graduate of the Year Award. Sutherland Inn The Inn has grown Aside from serving as the Inn’s first rapidly into a thriving, dynamic organiza- Magister, Greg also attended the Phi Delta tion due in no small measure to the dedi- Phi International Convention in Quebec cated efforts of its officers Serving as of- City as the Inn’s official delegate, and has ficers of the Inn during its charter year are taken an active role in the Student Bar Gregory Burr, Magister, Jonathan Duke, Association and other law school organi- Sutherland Inn’s Charter Honorary Member, The Honorable zations Aldon J Anderson, Chief U S District Court Judge Vice Magister, Cindy Frazier, Exchequer,

BRIGHAM YOUNG UNIVERSITY 7 Few students at J Reuben CIark was also appointed to fill BYU‘S second Law School are aware of the Law Student spot on the Circuit Cabinet as the Newslet- Division of the American Bar Association, ter Editor but you can rest assured the ABAnSD has BYU’s appearance on the ABAiLSD become well acquainted with the Law scene had been sudden and intense, and School at Brigham Young University over from various quarters of the circuit some the past year. For the first time since the grumbling and skepticism surfaced in the law school was organized, law students at wake of the summer caucus announce- BYU have become actively involved in the ments. For Rita Bennett, the pressure was activities of the Tenth Circuit and have on At Taos, she had acknowledged the contributed significantly to the overall apparent enthusiasm of the large BYU success of circuit functions this year delegation and announced her intent to SBA President Terry Turner explains, take advantage of that enthusiasm For “Last March the newly elected Board of years, it had been the southern and east- Governors made the decision to give the ern schooIs of the circuit who had carried Law Student Division our full support this the bulk of circuit responsibility BYU, on year, rather than continue the lukewarm the other hand, had been one of the lowest participation characteristic of the past membership schools in the circuit since its Our aim was twofold; first, we wanted to first appearance in 1973. In relying heavily see if we could make any impact on circuit on BYU for the 1979-80 program, Bennett and national activities through our in- put many of her eggs in one basket which creased participation, and second, we could make or break her term as circuit wanted to bring home more tangible be- governor nefits to law students at BYU realized Shortly after summer caucus, it was Chaffin welcomes delegates to Park City conference through active involvement. Our first goal John announced that two BYU students had seems to have been met with some degree votes for Rita Bennett of Tulsa who was in been appointed to national positions In of success and we are just now in a posi- turn elected on the first ballot. Sub- an unprecedented move, the national tion where our second goal is within reach sequently, John Chaffin of BYU was ABAiLSD officers appointed Cathy Pen- if we can just take advantage of the oppor- named Lieutenant Governor of the circuit, nington and Dale Bacigalupi as student tunities that are now available to us ” a second position on the circuit was com- liasons to standing committees of the BYU Law Students first appeared eiz mitted to BYU for the circuit newsletter American Bar Association, positions that rnasse at the Spring Conference. held at editor and finally, an unconfirmed corn- Taos, New Mexico last March 23-25 with a mitment made to hold the Fall Roundtable delegation of nine, headed by SBA in Utah The unique ”swing vote” posi- Editor‘s Note, Postscript: On March president-elect Terry Turner Arriving tion at Taos had provided the means by 22, 1980 at the spring conference in late, the BYU contingent found the con- which BYU students could jump into the Laramie, Wyoming, second-year Iaw ference deadlocked in a three-way split middle of Tenth Circuit activities and student Matt Hilton was elected over who should be the next circuit gover- thereby seek to accomplish their first ob- Governor of the new 15fh Circuit. In nor. With the battle Iines fairly drawn and jective of being a viable influence in the addition, JRCLS swept eve y award in committments to the candidates relatively ABA/LSD its class including Best S.B.A., Best firm, BYU’s addition of a fourth candidate, In June, John Chaffin and BYU’s S.B.A. Project, Best Newsletter. Five John Chaffin, seemed rather futile What ABAiLSD representative June Babiracki JRCLS law students were awarded the did exist, however, was a rather unique attended the Summer Caucus at the Uni- Golden Key, the highest award given in opportunity to swing the election for versity of Tulsa to plan activities of the the 10th Circuit, for sewice in the either Rich BeIIah of the University of Tenth Circuit for the coming year At the LSDlABA They were John Chaffin, Arizona, or Rita Bennett of the University caucus, Park City was selected as the site Mike Eldredge, Terry Tunier, Kathy of Tulsa. After some degree of negotiating for the annual Fall Roundtable in October Pennington, and June Babiracki. and political maneuvering, BYU cast their under the direction of Mike Eldredge, who reactions from schools throughout the cir- cuit. The most severe criticism came from Arizona schools who saw the move as a dilution of the powerful position always enjoyed by the Tenth Circuit on the na- tional level Others were skeptical that the

Chaffin questioned the suitability of an ABA resolution which ignored the very rights as future lawyers they would beasked to protect. It seemed ludicrous, Chaffin argued, to penalize states simply because they disagreed with the proponents of the ERA.

~

new Fifteenth Circuit would survive due to the apathy that appeared to exist in the intermountain states Nonetheless, most representatives from the new Fifteenth go to fewer than half of the law schools in tivities in those states, John Chaffin of Circuit schools felt confident that the the country For BYU to land two ap- BYU was the first to rise against the prop- move was a wise one Schools in the in- pointments was highly unusual, and re- osal. Drawing the attention of virtually termountain area had a great deal of com- flected again the high degree of reliance every delegate on the floor, Chaffin de- mon interests due to the geographical lo- placed on the initial show of enthusiasm plored the use of economic tactics to at- cation, in areas such as energy and natural by the BYU delegation of Taos Cathy tempt to force the free conscience of those resources, that would serve as a basis for a Pennington, it was announced, would who chose not to agree with the ERA. stronger circuit identification. It was also serve as studen liaison to the American Reminding the delegates of their status as argued that many schools in the circuit Judicature Society, and Dale B Bacigalupi students of law, Chaffin questioned the would become more actively involved was assigned as liaison to the General suitability of an ABA resolution which ig- when the center of activity shifted from Practice Section nored the very rights as future lawyers Oklahoma to areas closer to the inter- they would be asked to protect. It seemed mountain schools In the past, some ac- ludicrous, Chaffin argued, to penalize tivities located at one end of the circuit had Our aim was twofold: first, we states simply because they disagreed with wanted to see if we could make any the proponents of the ERA. The conclu- impact on circuit and national sion of Chaffin’s rebuttal brought a rous- ing ovation from the floor; and though activities through our increased opponents of the resolution appeared to participation, and second, we have won the battle, the war was ulti- wanted to bring home more tangible mately lost when the resolution passed, benefits to law students at BYU ironically with a rider that excluded the Law Student Division from having to par- realized through active involvement. ticipate. As Rita Bennett pointed out, to impose such a sanction on the Tenth Cir- In August the entire body of the cuit would result in the elimination of American Bar Association gathered in every state in the Tenth Circuit, except Dallas for the lOlst Annual Convention one, as a possible location for ABNLSD Again BYU was well represented with six activities law students in attendance, one of the One important result did come out of largest law school delegations at the con- Dallas. The assembly voted to split the vention For the most part, Dallas proved Tenth Circuit in 1980, pulling law schools to be an exercise in being seen but not from Oklahoma and Kansas out of the old heard, with one notable exception When circuit and joining them with Arkansas a resolution was introduced in the Na- schools to form the new Tenth Circuit tional Assembly of the Law Student Divi- Schools in the intermountain states of sion calling for a boycott on all states that New Mexico, Arizona, Colorado, Utah had not ratified the Equal Rights Amend- and Wyoming would form the new Fif- ment by refusing to authorize ABA ac- teenth Circuit The move brought mixed SBA President Teny Turner

BRIGHAM YOUNG UNIVERSITY 9 based on what they feared would be the imposition of LDS standards on their ac- tivities For this reason, Park City had been selected as a ”neutral” site where BYU could host the Tenth Circuit in facilities that would not require circuit de- legates to adhere to BYU standards. From the outset, the SBA Board of Governors at BYU sought only to make the Tenth Cir- cuit feel welcome and every effort was

“I thinkwe accomplished most all of John Chaffin ponders over the political field shortly before election at Tam, New Mexico the objectives we set out to do: we economically precluded schools at the gave everyone afull schedule of other end of the circuit from attending Yet even with the split, the new Fifteenth Cir- workshops, we made them feel cuit would still be the largest circuit in the comfortable in their surroundings, country geographically and schools while at the same time, presented Jan Bensen within that circuit would always be faced ourselves in the same manner we Oct. 13, the conference was moved back with higher costs to participate in ABAi would have on BYU’s campus. one week to allow Oklahoma law students LSD activities The circuit split still gave to attend the Oklahoma-Texas football the intermountain states their own gover- game. Unfortunately, the unusually mild nor, a budget for eight schooIs instead of made to insure that no inconveniences Indian summer ended October 16, and by thirteen, and a relatively smaller circuit to were imposed on the visiting deIegates the time circuit delegates began to arrive, travel in, all positive factors which most As the same time, however, it was also Winter had beat them to Park City representatives saw as outweighing the decided that the conference must prove to Most delegates arrived at Salt Lake possible negative factors be substantively worth the time and ex- International Airport Friday afternoon Following the Dallas Convention, the pense, and every effort would be made to where they were met by SBA officers and attention of the Tenth Circuit shifted to insure that the schedule included produc- given a quick tour of Salt Lake City After Utah where the Fall Roundtable was tive sessions directly related to ABAiLSD being taken to the Yarrow Inn in Park City, scheduled to take pIace Oct 19-21 in Park programs. To these ends, the planning ef- they were hosted by Rita Bennett to an City In Dallas several schooI representa- forts for the Fall Roundtable were directed informal reception which lasted well into tives had expressed misgivings at BYU through Sept and completed in early Oct Friday night Saturday morning the busi- sponsoring the Fall Roundtable, primarily Originally scheduled for the weekend of ness sessions began bright and early and lasted throughout the day covering topics in Legislative Drafting, National Associa- tion of Student Bar Association (NASBA) activities, client-counseling competition, Appelate Advocacy competition, liaison programs, MEDiLAW Interdisciplinary presentations, and a workshop in Natural Resource Law Forum activities of the Uni- versity of Utah Throughout the day, every hour was fully scheduled and no delegate was left without some form of substantial assistance for the ABAiLSD programs of the schools they represented When the day was over, most delegates agreed it had been one of the most produc- tive Roundtables ever held, and expressed nothing but praise for BYLJ in hosting the affair After a Saturday evening prime rib dinner, every delegate at the conference took advantage of BYU’s invitation to hear the Mormon Tabernacle Choir at its weekly broadcast from Temple Square early Sunday morning After the conference was over, Roundtable Chairman Mike Eldredge re- June Babiracki, Mike Eldredge, Terry Turner and Cathy Pennington pose with National Secretary Treasurer David Sheinfeld at Park City flected, “I think we accomplished most all

10 CLARK MEMORANDUM of the objectives we set out to do; we gave explains ABNLSD representative June dent interest. In addition, any programs everyone a full schedule of workshops, we Babiracki, ”are made available for law stu- the students may wish to start on their made them feel comfortable in their sur- dent projects and will match SBA funding own are strongly encouraged and sup- roundings, while at the same time, pre- up to $1,000 We need first to identify suit- ported by the SBA so long as there is sented ourselves in the same manner we abIe projects, determine how much the genuine interest with a viable organiza- would have on BYU’s campus More im- SBA will fund them, and then make appli- tion Students at BYU have already begun portantly, however, I think we succeeded cation .” organization of a Natural Resources Law In evaluating student benefits from Forum similar to the NRLF at the Univer- “. . . We have potential for other ABAILSD, there are at least two levels at sity of Utah Law School, and hope to es- tablish worthwhile programs of interest in programs limited only the which a law student can expect return on his $6 50 investment; he can expect be- the coming year. imagination of BYU law students. If nefits on an individual basis, and he can Still, the key to success in any law we are going to succeed at our become involved in programs provided by school program is student interest and support “The ABNLSD provides us with second goal in ABA/LSD his school’s ABA/LSD sponsored prog- rams. the framework for six programs,” com- involvement, we’ve got to make ments SBA President Turner, “and we Individual benefits are fairly static have potential for other programs limited studentsaware of the opportunities and are set at the national level each year only by the imagmation of BYU law stu- available, and then get in there and This year, student members received Stu- usethem.. .” dent Lawyer and The ABA Journal monthly, dents. If we are going to succeed at our they are eligible for low cost insurance, a second goal in ABAlLSD involvement, 35% discount at Hertz rent-a-car, and a we’ve got to make students aware of the in dispelling what might have been de- 75% discount on registration fees at the opportunities available, and then get in scribed as a stuffed-shirt, incompetent, ABA Annual or mid-year meetings. In ad- there and use them If we can’t find the ”zeal without knowledge” type image. dition, student members are eligible for interest, then it simply becomes a matter For the most part, I think BYU has estab- low student rates if they wish to join any of of what may have been, but never was.’’ In March, the year’s efforts with lished its credibility in ABAlLSD affairs ” the 24 substantive law sections of the With the Fall Roundtable over, the ABA Third year law students receive their ABAILSD will come full circle at the an- focus of ABAlLSD activities shifted to in- first year of membership in the ABA free nual spring conference to be held at the dividual school programs, setting the upon passing the Bar. University of Wyoming in Laramie stage for the SBAs second major objective At the school level, six major prog- “Perhaps one of our biggest failures this of bringing home more tangible benefits to rams are available for students having an year,” laments Lt Governor John Chaffin, BYU law students One of the spin-off re- interest in those areas They include the ”has been our inabiIity to get second year sults of increased activity at the circait Volunteer Income Tax Assistance pro- students involved With the Spring Con- level during the fa11 semester was a gram (VITA), the LawlMedical Interdis- ference coming up we have virtually no marked increase in ABAlLSD membership ciplianary Council, the Legslative Re- one in the second year class ready to step at BYU En previous years BYU’s average search and Drafting Program, State and in and carry on If we had succeeded in membership had hovered around 13%, Local Bar Liaisonships, Client-Counseling using second or first year students all but following the fall semester member- Competition, and Appellate Advocacy along the way, we certainly would be in a ship drive, the figure jumped to 35 %, put- Competition Each of these programs are strong position to have a shot at Circuit ting BYU over the magical 30% level and available to BYU students, and the SBA is Governor, and maybe even a national of- qualifying the school for matching project ready and willing to initiate those prog- fice Unfortunately, the second year stu- funds from the ABA. “These funds,” rams which command any degree of stu- dents who have participated on a limited basis have lost interest or become involved with other projects and programs.” Whatever the immediate future holds for BYU in the ABAlLSD will be deter- mined by next year’s SBA Board of Gov- ernors and those individual students who choose to pursue individual appointments as liaisons to the sections and committees of the ABA Regardless of whether or not interest increases in the coming months, one thing is certain, the Spring Confer- ence at Laramie will be determinative of what role BYU will play It is there that the new circuit governor will be elected, and it is there that interviews will be conducted for liaisonships and circuit cabinet posi- tions After Laramie it will be a simple matter of “The Train’s Done Been and Gone.” Denton Pierson (U of U) and June Babiracki during a break at the Fall Roundtable in Park City

BRIGHAM YOUNG UNIVERSITY 11 hEGACIES IN UW: PPm so RIC by Michael S. Eldredge

OnMonday morning, April 7, In 1875, Brigham Young’s secretary, to master the complexities of law. 1873, Brigham Young rose before the con- George Reynolds, agreed to be the test Richards followed the counsel of Presi- gregation seated in the Tabernacle, and in case for the Anti-Bigamy Law of 1862 dent Young and began a more intensive a departure from his traditional hostile at- Four years later, his conviction was up- study of law in the traditional manner of titude towards the legal profession, ad- held by the United States Supreme Court reading that was so characteristic of the dressed the General Conference session in Reynolds v the United States, leaving the legal profession up the 1870’s On June 16, on the need for increased emphasis in church with no legal basis for the practice 1874, four days before his twenty-fifth legal education of plural marriage In the wake of birthday, Franklin S Richards was admit- Reynolds, the First Presidency summoned ted to the Bar of the Third District Court in I think my brethren will agree a young attorney from Ogden to assume Salt Lake City. with me that this is wise and practic- the office of General Counsel for the Richards’ first case was to defend a able - for from one to five thousand church, a position that Franklin Snyder man accused of murder and assumed by of our young middle aged men to Richards would hold for the next several many to be guilty without question The turn their attention to the study of decades. young lawyer threw himself into the case law I would not speak lightly in the Richards had moved to Ogden with the vigor of an experienced trial at- least of law, we are sustained by it; shortly after his mamage to Emily S Tan- torney, and much to the astonishment of but what is called the practice of law ner in December 1868, and almost im- everyone, won an acquittal for his client. is not always the administration of mediately he was appointed as clerk for However, before Richards was able to set- justice, and would not be so consi- the county probate courts He was later tle in to his new profession, a brief mission dered in many courts we have elected Weber County Recorder at which to Great Britain brought a hiatus to his law time he began an extensive, self-taught good and just men who are lawyers, practice He returned to Utah in 1878 and and we would like to have a great course of study to master legal forms as- immediately was retained to help sort out many more sociated with his office Since there were the quapiire of Brigham Young’s estate no lawyers residing in Ogden, President If I could get my own feelings Shortly after his return from Great Young counseled Richards to seek admis- answered I would have law in our Britain, Richards formed a partnership school books, and have our youth sion to the Bar, based on what the Church with the former Chief Justice of the Ken- President saw as a keen ability in Richards study law at school Then lead their tucky Supreme Court, Rufus K Williams minds to study the decisions and When complications in the estate of counsels of the just and the wise, Brigham Young eventually resulted in a and not forever be studying how to suit against the church by some of the I‘. . .To raise up a corps of young get the advantage of their neighbor dissatisfied members of his family, the This is wisdom (JD 16:9) men armed with the Spirit of the firm of Richards and Williams was re- Gospel, clothed with the Holy tained by the First Presidency, which ul- President Young’s concern for the estab- timately led to Franklin Richards being lishment of a strong and competent legal Priesthood, who can tell the judges appointed as General Counsel for the profession within the church was not in high places what the law is, and Church Richards did succeed in defend- without foundation in post Civil War what equity is, and can plead for the ing the church against claims totaling well Utah The struggles between the territorial causeofZion, and help maintainthe over $1 million; claims that could have government of Utah and the federal gov- sent the financially troubled church into ernment were well underway, and by the rights of God’s people.” an economic tailspin Shortly thereafter, 1870’s had reached an alarming cres- Richards was again called on by the cendo.

12 CLARK MEMORANDUM cs,ATT0RNE)P DURING CRISIS

church, this time to assist in preventing Apostle Richards went on to reaffirm the the disenfranchisement of Utah women call made by President Young years ear- Though Richards did “win the battle” lier, when he succeeded in having the case dismissed, the “war was lost” with the . . to raise up a corps of young subsequent passage of the Edmunds- men armed with the Spirit of the Tucker Bill several years later in 1887 Gospel, clothed with the Holy Priesthood, who can tell the judges in high places what the law is, and what equity is, and can plead for the ‘I. . . Iwouldnotspeaklightlyinthe cause of Zion, and help maintain the least of law, we are sustained by it; rights of God’s people. (JD 26:103) but what is called the practice of law Beginning with the Constitutional is not always the administration of Convention of 1882, Franklin S. Richards justice, and would not be so had become actively involved with the considered in many courts. . .” drive for Utah statehood. Against the mounting pressure of congressional sanc- tions imposed on the church and the Ter- ritory of Utah, statehood seemed the only Richards‘ notoriety as a lawyer spread hope of immediate escape, and even then, quickly throughout Zion and was met the chances for statehood were slim in- with mixed reactions by members of the deed Following the Constitutional Con- church who had long been taught to avoid vention of 1882, Richards accompanied the avarices of a lawyer Somewhat dis- John T Caine and David H Peery to mayed by the lack of understanding dis- Washington, D.C. to present the petition played by many saints, Richards’ father, for statehood before Congress Though Apostle Franklin D Richards, retorted to a congregation assembled in the Ogden Tabernacle in early 1885, how: Thechurch’sattorneysarguedthat a few days ago . . . a Bishop the charter which created the remarked that it looked very singu- lar for one of the Apostles to raise up church corporation was a a lawyer, and thought there must be constitutionally protected vested a screw loose somewhere It hap- rightofcontractwhichcould notbe pens, however, once in a while that same Bishop wants my son to altered or repealed by any help defend them before the courts subsequent acts of either the (laughter) I wonder if there is a territorial legislature or Congress. screw loose there (JD 26:102)

In Washington, D C ,circa 1885 the bid was unsuccessful, Richards did, however, succeed in winning the admira- tion of many influential members of Con- gress and other important people in the federal government, which proved to be most helpful in the rough years that fol- lowed. Returning home to Utah, Richards was presented in the Fall of 1882 with the nomination of the People’s Party to suc- ceed George Q Cannon as the Terntorial Representative to Congress. Although flattered by the honor, Richards declined in favor of his close fnend, John T Caine, who was ultimately elected and went on to provide invaluable service to the Territory of Utah dunng the bleak years of the 1880’s. After serving several years as Ogden City Attorney and prosecuting attorney for Weber County, Franklin S. Richards moved his family to Salt Lake City, where in 1884 he became city attorney, a position he held until 1890.The move was in part necessitated by the increased strain bet- ween the Mormons and the federal gov- ernment. As General Counsel for the church, his time and efforts were turning more and more towards the defense of polygamists who were being hunted vig- orously Since hchards himself was not a prachcing polygamist, he rapidly became one of the few visible figures of the church. With most of the polygamist Geii- eral Authorities going underground, Richards became an important link bet- ween the church leadership I~Iabstelytla and the outside world. For church mem- bers not in hiding, the increase in federally i m pos e d sanct i on s and harass in e n t brought confusion and distress from which there often seemed to be no escape. Richards quickly became a voice from whom the saints sought counsel, espe- cially after the passage of the Edmunds- Tucker Act in 1887 When asked about the loyalty oath required of all voters, Richards calmly advised church members to take the oath as a means of preserving their voting rights, and promised to attack the apparently unconstitutional oath in court. Richards’ efforts in behalf of the church were being asserted on two fronts. On the positive side, he continued actively

Several of the most pronunent figures In Utah found thelr way to the Constltutional Convention of 1895, Including Franklin S. Richards (lower nght hand corner). Richards was most remembered for his famous debate with B.H. Roberts (center) over women’s suffrage. to support every attempt to gain state- hood His popularity in Washington served to underscore the importance of his position as mediator which circumstances placed him in. Though both sides of the struggle often appeared deadlocked in a test of will, communications were kept open through the efforts of John T Caine and Franklin S Richards who made noc- turnal visits to the hideouts of church offi- cials to discuss developments and coun- terproposals before deciding on a par- ticular strategy At these sessions Richards would convey informal com- ments made by congressional leaders that were possible indications of what actions by the church could acceptably resolve the differences that were holding up state- hood For Richards, statehood was the most important goal to be sought, and like many others, he felt strongly that it was tlie only means by which the struggle The prisoner mlls at the Utah Territorial Penitentiary resembled a who‘s who of the L U S Church during the late 18XIYs Here George Q Cannon of the Church’s first presidency is surrounded by fellow ”cohabs ” could be resolved Accordingly, he pur- sued a conciliatory approach that would the U S Supreme Court stating that Shortly before the passage of the compromise with the federal government President Snow was being punished three Eclmunds-TLicker Act in 1887, the church wherever it was doctrinally possible for times for the same offense of continuous began preparing for the anticipated dis- the church Richards saw the protracted cohabitation The Supreme Cow t agreed solution of the church as a corporate en- war of attrition with the federal go\wn- that there was but one entire offense and tity The provisions of the bill which al- nient as potentially disasterous for the ordered President Snow released The \,ic- lowed escheatnient of all church property church and was anxious to resolve the tory was a tremendous bvost for the in excess of $50,1)00to the federal go\wn- most critical issues pre\witing statehood morale of the church and a stunning de- ment were known well in advance Prep- before tlie church ~vasdestroyed feat for tlie crusaders sent to solve “the aiations were inaile to dispose of much of

At the Bar, Richards continued to de- Utah Problem ” When President Snoiv the church’s holdings to various select in- fend the church and its polygamous was released from prison, he ivas met bl, a dividuals, speciall\r created nonprofit as- members with vigor, but for the most part jubilant crolvd that escorted him triun- sociations, and secret trusts overseen by it was to he a losing struggle The territo- pliantly into the city Foi Franklin S nuinerous ecclesiastical authorities within rial prison roster closely resembled an Richards the \,ictory won him instantane- the church Shortly after President John LDS Who’s Who as church officers rang- OLE respect and admiration in all corners Ta)rlor’s death on J~ly25, 1887, George S ing from the First Presidency to stake of the Territory and in Washington Not Peters, the U S Attorney for the Territory presidents and bishops shared quarters in only had he secured the release of Presi- of Utah brought suit against the cliurch to the overcrowded penitentiar!, While dent Snow, but well OWI one hundred reco\w all property held b!, the trustee- Franklin S Richards was involved in sev others n~hohad been conxicted and sen- in-trust in excess of $50,000 under the cia1 prominent cases in the late 1880’s, two tenced under the unconstitiitional segre- enacted provision of the Edniunds-Tucker cases in particular stand out in impor- gation rule Act What ensued wasa lengthy courtbat- tance, one of which had a direct and im- Richards did not enjoy the same de- tle lasting almost three years involving portant consequence on those Mormons gree of SLICC~SSin the second major case of some of the best legal minds in the coun- incarcerated for Cohabitation this period, and its effect was far more try, not the least of whom was Franklin S In the late Fall of 1885, Apostle significant to the ultimate outcome of the Richards Lorenzo Snow returned from visiting in struggle between the church and the fed- Beginning in the Territorial Supreme Wyoming and was immediately captured eral go\wnment Court, Uiiited States V The Late Corporatioii at his home in Brigham City He was sub- of flre CIiurcli of ]ems Christ of Latter-Day sequently indicted on three counts of un- Sailits, etd e\witually found its way to the lawful cohabitation and eventually con- ‘The territorial prison roster closely U S Suprcme Court where oral argu- victed, Ieceiving three consecutive sen- resembled an LDS Who’s Who as ments were heard in January 1889 tences of six months in prison under a new Richards, along with John M Butler, segregation ruling by Judge Charles S church officers ranging from the James 0 Broadhead, and 1oseph E Zane President Snow entered the First Presidency to stake presidents McDonald, argued against the actions of penitentiaq‘ in March of 1886 and served and bishops shared quarters in the the federal government on several his first six month sentence, whereupon gt onnds They asserted that Congress was Franklin S Richards immediately brought overcrowded penitentiary.” ivithout power to repeal the territorial a writ of habeas corpus on appeal before charter under which the church had been incorporated, and further, that the federal government was totally without power to seize the property of the corporation-and hold it for the benefit of public schools in Utah Citing Dartmouth College v Wood- ward, the church’s attorneys argued that the charter which created the church cor- poration was a constitutionally protected vested right of contract which could not be altered or repealed by any subsequent acts of either the territorial legislature or Con- gress. Turning to the issue of escheat- ment, they pointed out that there was no precedence to support Edmund-Tucker provisions of escheating personal prop- erty to the United States, nor was personal property subject to escheat because of the failure or illegality of the trusts to which it Utah Delegates in Washington fmnt mw,John T Caine, MIS JohnT Caine (Margaret Nightingale Gin), Pres Joseph F was dedicated at its acquisition and for Smith, Mrs Franklin S Richard, Franklin S Richards; back mw, George F Gibbs, L. John Nuttall and Charles W Penmse which it had been used by the corporation gering blow to the move for rupprocke- after the report of the Utah Commission, Finally, the attorneys argued that the real rneizt with the federal government With President Wilford Woodruff declared on property owned by the church could not renewed vigor the crusaders against the September 24 what has come to be known constitutionally be taken by the federal ”Utah problem” fought even harder for as the Manifesto, as a direct response to government under the terms of the the passage of the Cullom-Strubble Bill, the press release of August 22. On October Edmunds-Tucker Act. and when the Utah Commission strongly 6, the Manifesto was presented before the Seventeen months later, the Supreme endorsed the measure on August 22,1890, body of the church in Conference session Court handed down its decision on May its passage seemed imminent whereupon it was sustained unanim- 79, 1890, ruling against the church on vir- The passage of the bill loomed heavily ously tually every issue, stating that the plenary over the church when Frank Cannon re- The Manifesto seemed to bring about power of Congress over territories gave turned to Utah from Washington with them power not only to abrogate the laws conclusively the denouement to the what deemed to be a last chance appeal struggle between the church and the fed- of territorial legislatures, but also the from the Republican Party for the church eral government, opening the door at last power to legislate directly for the territory to abandon plural marriage Reporting to Congress thus had a full and perfect right towards statehood To this end, Franklin his father, George Q Cannon of the First S Richards continued his tireless efforts, to repeal the territorial charter and abro- Presidency, Frank was in turn informed gate the corporate existence of the church first by solidifying the trust of Congress, that President Woodruff had sought the and second, by pressing forward in yet The court further ruled that the federal mind of the Lord and it appeared that a another Constitutional Convention As government could dispose of the assets of solution was near Indeed, one month the dissolved corporation so long as such chairman of the church’s politically pow- disposition was used with due regard for erful People’s Party, Richards moved on the objects and purposes to which the June 10, 1891 to disband the party which property was originally devoted; in this was sustained unanimously by the Ter- case for religious and charitable uses Fi- ritorial Central Committee, opening the nally, the court addressed itself to the at- door for the national two party system in tempted disposition of church property Utah. Three years later, on July 16, 1894, before the Edmunds-Tucker Act became President Cleveland signed into law the effective, calling the attempt an evasion of Enabling Act that provided for Utah’s ad- the law, and void mission to the Union The following year, Franklin S Richards found himself again The effect of the decision was devas- in the Constitutional Convention, but this tating both to the morale and the temporal time with the knowledge that efforts power of the church Already‘in the con- would not be in vain His participation gressional hopper was the new Cullom- was extremely active in all aspects of the Strubble Bill which was expressly de- framing of the Utah Constitution, and he signed after the Idaho Test Oath law to was especially adamant in his defense of effectively disenfranchise the Mormon Women’s suffrage as demonstrated by his Church completely For months Franklin famous debate with B.H. Roberts. Finally, S Richards had fought desperately on January 4, 1896, statehood was against the bill with petitions signed by achieved, enabling Richards to turn more non-Mormons urging Congress to defeat of his attention to the practice of law with- I the proposal; but the Supreme Court’s de- out having to concern himself with the cision against the church had dealt a stag- Franklin5 Richards shortly after the Smoot Hearing of 1906 political pressures brought against the President of the Church was incorporated eral years to bring about and occupied church to hold title to such properties as temples, much of Franklin S. Richards’ time in his With the Mormon Church restored as educational institutions, and other real es- service to the church as General Counsel a corporate entity, Richards turned his at- tate holdings The creation of such sole In 1906, Franklin S Richards again tention towards some of the problems that corporations enabled the automatic pas- stepped into the national limelight as the had been encountered prior to the Man- sage of title to property at various levels in attention of America was once more fo- ifesto Of chief importance was the means the church hierarchy each time a successor cused on the Mormon Church, this time of holding church property in a manner was called to assume the Bishopric or with the Senate Privileges and Elections that would not be subject to mass es- Presidency For Franklin S Richards, the Committee hearings on the seating of cheatment if troubles were ever encoun- task was not only to develop a foolproof Senator Reed Smoot, an Apostle in the tered again. To this end, Richards spent system of sole corporations, but also pro- Council of the Twelve Once again the the next several years devising a system of vide the means under which those corpo- issue of polygamy had been raised at the ownership that previously had not been rations could exist He first sought legisla- national level and seriously threatened the seen to any wide extent in America Using tion in those states where the church held relationship between the church and the the sole corporation as his basis, Richards the majority of its properties, including federal government The first witness cal- set about organizing ward and stake prop- Utah, Wyoming, Idaho, Arizona, and led to testify was Church President Joseph erties under the sole corporate ownership Nevada. Next, those states wherein mis- F Smith who was forced to undergo in- of the ecclesiastical leaders responsible at sion properties were located were ap- tensive interrogation covering all aspects each level The sole corporation enabled proached to provide the statutory basis for of church affairs Seated at his side Bishops to hold title to all church proper- sole corporations Finally, Richards’ ef- throughout the hearing was Franklin S ties within his ward, and likewise, the forts took him outside of the United States Richards in his capacity as General Coun- Stake President for all stake properties to seek legislative support in those foreign sel for the church, calmly advising the under his exclusive stewardship A sole countries where missions were located, Prophet on all aspects of the inquiry, a corporation was created in the Presiding requiring an astute knowledge of all as- service that was rendered likewise to sev- Bishopric for all mission properties pects of international law and comparative eral other church officials called to testify wherever the law permitted, and the legal systems In all, the project took sev- At their conclusion, the Smoot Hear- ings had resulted in bringing some degree of consternation to church officials, but for the most part, the church was able to weather the storm without any serious risk of again incurring the wrath of the federal government As had become so characteristic of his work, Franklin S Richards’ service to the church had been invaluable For well over a half century, Richards continued to serve as General Counsel foi the church with no apparent diminution in intensity 01 vigor Although he re- mained in the center of political activity throughout his illustrious career, he never accepted or sought political office His interests were concentrated on insuring that government clearly understood where its bounds were drawn insofar as individual rights were concerned He saw law as the most important single avenue for the resolution of conflict, and as his patience at the height of crisis in the late 1880’s had shown, he continued to de- monstrate an unshakable faith in the American legal system When he died in 1934 at the age of 85, he stood as one of the most prominent and highly regarded members of the Utah State Bar His rise from reading law as Weber County Recor- der to arguing in defense of the church at the bar of the U S Supreme Court within the short span of just over a decade is truly a legacy for Latter-day Saints and the law I

Expositor, Educator, and Entertainer

by Jack Haycock

“lt is only in law schools that practice is re- judicial decision making, undernourished based on mutual mistakes can be valid, garded as a distasteful and alien iiztrusioiz upon by a deficiency in stare decisis Witkin Professor Witkin cited an illuminating the solenin task of teaching students to think stated that he does not object to activist case employing a classic bar examination Afterwards, in the law office or the courtro~ni, courts, so long as they apply any newly tactic: a one-in-a million factual setting. before or behind the bench, we discover that discovered justice equally to all people Finally, Witkin cautioned lawyers not to learning is even more important in performing In his second speech, Witkin addres- become distressed, because so long as the the daily chores of the lawyer or judge.” sed an overflow crowd of law students courts continue to produce precedent B E Witkin and professors in the Moot Court Room shattering and mind boggling slants on Speaking on “Look What’s Happening to the bargaining process, “no computer will Bernard E. Witkin, California’s Contracts”, Witkin proved that the com- take business away from the lawyer.” foremost legal writer and lecturer, aptly mon law can be most uncommon and that Witkin’s final lecture was to the au- described as the ”Dean of the California simple contracts can be anything but sim- thors and editors of the B.Y U. Journal of Legal Community” presented three lec- ple Witkin denied that the law of con- Legal Studies. He hailed the first two edi- tures at the J. Reuben Law School from tracts is stale and stated that “social and tions of the Journal’s Suinma y of Utah Law October 10 to 11. Witkin’s unbounded economic pressures acting upon bold and encouraged Journal members to con- knowledge of law and of precedent was judicial legislators have bent and twisted tinue to provide lawyers with this neces- used to illustrate, in his own methodical the doctrines of consent, consideration sary tool The student members were told style, that in the courts anything can hap- and performance into a new and exciting that there are no other better qualified per- pen, and usually does shape ” Interjecting wit into legal sons than themselves to write law sum- Lecturing to Dean Lee and Professor analysis, Witkin illustrated the evolving maries Witkin detailed the importance of Sabine’s Appellate Advocacy class, Wit- five corner contract by reference to distinguishing between the theory and the kin exposed tk?e uneven and prejudicial hornbook law - law not yet undermined practice of law. As he left the room fol- extraordinary writ procedure that has con- by socially motivated courts - and by cit- lowing his speech, Witkin was heard founded the appellate process Witkin ing the foolproof contract - although it making verbal notes on what he would say labeled his talk “The Joys of Appeal and proved not to be courtproof next year to the members of ”his” Journal. the Vagaries of Extraordinary Writs“, and Witkin described the borrowing from B E Witkin has mastered summariz- described it as, the union of appellate criminal law of diminished capacity for ing, teaching and humorizing To find jurisdiction with its illegitimate partner, application to contracts as a concept con- Witkin’s treasure chest is to apply Mr Jus- extraordinary writs The author called for ceived in a state “of wild cerebral turbu- tise Frankfurter’s advise not to reject wis- legislative reform to cure a nonsystem of lence.’’ Further, to show that a contract dom merely because it comes late ON The author,, shown here with[Mr ’I‘wain

The nervous, dapper, “peart” young expected you would. No ham - I mean no man took the chair 1 offered him, and said he hami at all.” was connected with the Daily Thunderstorm, “Oh, don‘t mention it! It hns often been Denver and added - said, and by people who would not flatter and Snuffer ”Hoping it’s no ham, I’ve come to inter- who could haveno inducement to flatter, that I view you ‘’ am quite remarkable in that way. Yes - yes; ”Come to what?” they nlzuays speak of it with rapture ” In order to truly “think like a ”lnteruiew you ’I “I can easily imagine if. But about this lawyer” the young legal mind must ”Ah! I see. Yes -yes, Uin! Yes -yes.” intewiew Yo11 know it is the custom, now, to have an eye toward employment. 1 was not feeling bright that morning. interview any man who has become notori- To be trained for the legal ministry Indeed, my powers seemed a bit under a cloud ous without having any employ is of all However, I went to the bookcase, and when I “Indeed, I had not heard of it before. It things most fearful had been looking six or seueti minutes, I found I must be vey interesting. What do you do it Where does the young legal- was obliged to refer to the young man, I said - with?” trainee look for a place to peddle his ”How do you spell it?” ”Ah, well, -well -well - this is dishear- skills? Many interview and find ”Spell what?” tening. It ought to be done with a club in some jobs on-campus Others interview off-campus Some interview not at “lnteruiew. ” cases; but customarily if consists in the inter- ”Oh my goodness! What do yo11 want to viewer asking questions and the interviewed all. (The last group usually has a parent or other close relative al- answering them It is all the rage now Will you spell iffor?” ready in the profession ) ”I don’t want to spell it; I want to see what let me ask you certain questions calculated to We shall hereinafter* examine if means I’ bring out the salient points of your public and the on-campus interview The in- “Well, this is astonishing, I must say I private histo y?” formation contained hereinafter*

can tell you what it means, if you - if you -’I “Oh, with pleasure - with pleasure I has been gathered by the author ”Oh, all right! That will answer, and havea veybad memory, but I hope you will not and distorted to comport with his much obliged to you, too.” mind that. That is to say, if is an irregular predilections While this avoids the ”aura” of objectivity, it is as objec- “In, in, ter, inter -I’ memo y - singularly irregular. Sometimes it ”Thni you spell it with an I?“ goes in a gallop, and thaz again it will be as tive as anything else “Why certainly!” much as a fortnight passing agiven point. This Interviewing on-campus is al- ways demeaning It is demeaning is a great grief to me ’I ”Oh, that is what took me so long.” to the interviewee if his class “Why, my dear sir, what did you propose “Oh, if is no matter, so you will fy to do standing is too low It is demeaning to spell it with?” the best you can. ’I to the interviewor if the inter- “Well, I - 1 - hardly know I had the “I will. I will put my whole mind on it.“ viewee’s class standing is too high. Unabridged, and I was ciphering around in the “Thanks. Are you ready to begin?“ Taken altogether it is better to de-

back end, hoping I might tree her amoung the ”Ready ’I mean than to be demeaned There- pictures But its a vey old edition.” fore one is better off the higher his “Why, my friend, they wouldn’t have a from: An Encounter with An Interviewer class standing picture of it in even the latest ed- My dear sir, 1 beg your pardon, 1 mean no ham in the world, By Mark Twain “Pompous adverb geneially appearing but you do not look as -as -intelligent as 1 had in student articles which are rarely read but are proudly displayed by the au- thors

20 CLARK MEMORANDUM be seated"; or "Take a seat"; or "Sit A poll was taken by the author, but it down"; or "Why are you standing, kid?", revealed no significant results. Polls are Polls are almost without exception etc. A good reclining is absolutely essen- almost without exception worthless. One worthless. One thing is worth tial to a good interview. thing is worth repeating, however. All but repeating, 4. The "Interrogation" - Typically a one individual polled thought the B Y U. however. All but one series of meaningless chatter designed to Law School was first rate. The sole dis- individual polled thought the B.Y.U. flush out any irregularities of speech or senter said it was fourth rate. The ques- Law School was first rate. habit which could otherwise escape notice tionnaire asked the following: by a resume. 5 The "departure" - A strong de- From what you have seen or heard about €3 Y.U Is Law School, how There are a number of recurring parture is an invaluable tool in making would you rate it, given the following phenomena in the average interview. that employable impression. Suggested choices: These may be accurately summarized as departing statements are: "THANK YOU, follows: AND GOOD-BYE": "I appreciate your A. First Rate; eg. on a par with 1 The "handshake" - a practice of valuable time"; "Well, thanks"; "Gee, I Harvard, George Washington, dubious medieval origin requiring at least hope I get the job." etc. two people It is often said that a "firm" To date, there are several interview- B. Second Rate; eg. on a par with handshake is best. As a general rule the ers coming on campus this year. It is an- University of Idaho, University softer and wetter the handshake, the ticipated that there wiIl be more as the fall of Alaska (do they have a L.S.?), worse the subsequent interview can be wears on If one interviews on-campus and is etc expected to be. successful in obtaining empIoy, there is C Third Rate; eg on a par with 2 The "cordialities" - This includes better than an 85% chance that he will LaSalle Correspondence Law such trite phrases and cliches as: "Hello,; remain in Utah or go to California or School, etc. how are you?"; "How do you do?"; Arizona. These three states as always are D. Fourth Rate; eg on a par with "Where are you from?"; "How do you like over-represented. Other states which will the University of Utah. law school?"; "Where's your resume?", etc Notice that these cordialities are more The question was written with the times than not meaningless inter- Interviewing on-campus is always hopes of having our Law School rated rogatories. Simple grunting responses are demeaning. best, eg . "Uh"; "Welp"; "Fine"; overwhelmingly first rate, which it was. Next time 1/11 be sure to exclude U of U. "Naw"; "Don know"; etc be represented on-campus this year in- graduates from the poll -then the results 3 The "reclining" - usually pre- clude Idaho, Washington, New York, and should be unanimous ceded by the interviewer saying: "PIease, Florida

~ BRIGHAM YOUNG UNIVERSITY 21 IN SEARCH OF ALp

Recently, there has been a tremend-

22 CLARK MEMORANDUM HONSOBEDOYA

by Denver Snuffer

ALPHONSO ”PAPPY” BEDOYA

Alphonso ”Pappy” (hereinafter Pappy) was known for his excesses. Pappy is shown here at age 23 This photo was taken at his fraternity house shortly after he was eliminated in the Moot Court competition conducted at his law school.

ALPHONSO ”BRUCE” BEDOYA

Alphonso ”Bruce” (hereinafter Bruce) is depicted here combing his nose-hair. Bruce was never able to grow facial hair and compensated by refusing to trim his nasal growth. Bruce, who never married, was rarely seen in public without ALPHONSO ”JACK” BEDOYA a female companion.

Jack’s relationship to the legal profes- sion has long been considered to be dubi- ous in nature, but it is known that he ”ghost-wrote”occasional1y for a defunct underground newspaper. He is the un- questionable source of the ”lonely hearts” image associated with the Bedoya line Jack is shown here in a fantasy he dreamed of often and described to his fellow law

students as a “fleecing ” It was often said that Jack had a distinct paternalistic ap- peal, but was never able to ”land the big one” largely due to the unmistakable odor of bait on his breath

BRIGHAM YOUNG UNIVERSITY 23 LEGISLATIVE DRAFTING SERWCE OR If You Don’t Uke It - RemdteIt! by Matt Hilton

This year a new program was intro- legislation to the fifty state legislatures. the Utah legislature for the mutual benefit duced at the law school entitled Legsla- The other deals with legslation which will of both the legislature and the Legislative tive Drafting Service, The Service is de- be submitted to Congressional Commit- Drafting Service Mr John Memmot, di- signed to provide opportunities for sec- tees for review. Patrice Tew, National rector of legslative drafting for the legisla- ond and third year law students to become Editor, is currently supervising two pro- ture, is coordinating with Dennis the areas involved in the practical aspects of the law jects which will be submitted to all fifty where student input can have the greatest on local, state and national levels Pre- states upon completion The first project impact As his office is inundated with sently, with the support of the A B A. Law deals with formulating procedural rights requests for legislative proposals - far Student Division, over thirty universities more than can be handled there - many are encouragmg this type of program. Al- of these requests, depending upon stu- ready, our school has been pen $200 dent interest, will be sent to the Service for from the Law Student Division of the review and drafting Students involved in A I3 A to get the program going The Legislative Drafting Service is such work will likely be called upon to The program’s idea and organization here to stay. While it does not testify at the appropriate committee is fairly simple The idea is to provide na- hearings of the legislature when the bill is tional, state and local service as well as compete with any co-curricular introduced and considered gving law students a practical outlet €or program, it does offer a practical Local Editor, Chuck Hanna, is bring- their academic learning The ideas for the outlet for student creativity and ing his experience in the Orem City Attor- legislation which will be written and input as well as provide a major ney’s Office to bear as he works both on studied come from two sources First, local legslation and detaiIed studies of the members of the community, state legsla- service to the public by providing legislation on a state level which impedes, ture, and other interested persons can well-reasoned and well-written inhibits, ox encourages local action. Laws contact the service directly with particular alternatives and options for those in dealing with Sunday closings, snow re- problems or individual needs that they I e g i s Iat! ve po s iti o ns . moval and county water rights have been would like to have drafted Second, indi- subjects requested thus far The work in vidual students with particular expertise the local and state area could possibly in an area of law may initiate proposals on overlap on occasion their own and draft the corresponding Students may become involved in legislation Students involved in seminars and protections for children who, as vic- this program and receive academic credit which require a major paper could choose tims of sexual abuse, are required to testify by either the Legislation class or Directed topics which could also result in a legsla- in criminal trials in behalf of the State The ReadingslResearch credit for two or more tive draft second project deaIs with implementing hours a semester. For every fifty-six hours The proposals submitted for legtsla- and developing legislation affecting Nurse of work invested in a project, a student tion will be initially reviewed and the final Practitioners Currently, certified Nurse wilI receive one hour of credit. work product approved by a Board of Practitioners (who are licensed in only Initially, to get involved, the in- Editors The Board is composed of an four states) can do many of the routine terested student must comply with two Editor-in-Chief, three Executive Editors of duties of a doctor including issuing pre- administrative requirements besides national, state and local legislation, and a scriptions If more states would allow the signing up for the appropriate class in the Managing Editor Currently, the national, licensing of practitioners, it could effec- appropriate semester First, the student state and local editors are involved in di- tively decrease medical costs while at the should meet with one of the editors and recting major research on various propos- same time increase the availability of indicate a preference for working on a als medical service project already begun or propose a new The national area will concentrate on State Editor Dennis Judd is estab- one of personal interest After the topic is two levels One will be to submit proposed lishing a close working relationship with decided upon, the student must become familiar with how legislation and statutes Army in achieving the award of 6,500 are drafted A simple pass-fail test must be scholarships However, the study indi- compIeted before research can begin The cated that (1) cadets on scholarship had student would then, under the limited not distinguished themselves enough in supervision of an editor, begin work on either training, active duty or career plans the individual project Then draft and the to justify such an award; (2) the significant statutorily required limitation on the

~ number of scholarships available to vete- rans was counter-productive as two-year The service is designed to provide program veterans had a seven to one ad- opportunities for second and third vantage in favoring career status in the year law students to become Army when compared to non-veteran two-year program members; and (3) the involved in the practical aspects of cadets who were trained in the four-year the law on local, state and national program did not perform any different levels. than those in the two-year program Even though national military leaders were approached with this information, they discouraged any further investiga- supportive memorandum would be re- tion of these major problems and indi- viewed and revised by the student and by cated they did not want any additional the appropriate editor, The grade for this non- Army personnel involvement in such effort would be a passlfail grade in the research Therefore, as there were no Legislation class other realistic alternatives but to proceed The second level of involvement is the as an individual, Matt submitted the study independent directed research and read- with suggested legislation to correct the ings level Professor James Sabine, the most glaring problems to the Senate Service’s adviser and resident expert on Armed Forces Committee where it is cur- legislation, would be the faculty inember rently under review Had the study been sponsoring the credit for directed studies taken seriously when it was first proffered A student who had completed the Legisla- to Army leaders, the Army R 0.T C. tion class or demonstrated competence in could have profited from the proposed research and drafting skills would submit legislation and saved over $5,000,000 a proposal to Mr Sabine for approval. during the fiscal year 1979-80. Further im- Upon approval, the student has one year plementation of the study’s conclusions in to complete the project Credit, therefore, the areas of active duty and recruiting could be taken in the fall for non-salaried could also result in significant savings. work done over the summer. Research While not all independent projects need to work done at an earlier time may provide go to this level to be valuable, it serves as the basis for the legislation worked on as an example of what those involved in the an independent project An example of service can accomplish, this independent work is evidenced in the The Legislative Drafting Service is work of Matt Hilton, Editor-in-Chief here to stay While it does not compete Several years ago, out of personal with any co-curricular program, it does interest, Matt began a detailed study of the offer a practical outlet for student creativ- effectiveness of the Army R 0 T,C pro- ity and input as we11 as provide a major gram in the West With non-funded en- service to the public by providing well- couragement from local Army comman- reasoned and well-written alternatives ders, cadets from the ten schools that and options for those in legdative posi- commissioned the most lieutenants from tions. Such a service is indicative of what 1974-1976 were sampled over a three-year we as future attorneys should be very period Nearly 500 samples provided cognizant of ~ serving others through the specific date which, with a 95% certainty, law so as to create a more stable and sound indicated serious problems with the society The cooperation of Dean Rex Lee R.0.T C program However, upon close and Professor James Sabine, in conjunc- examination, some of the problems en- tion with the funding and encouragement countered, concerning both training and from A B A /L S D., have combined to active duty, were caused by legislation offer students at the J. Reuben Clark Law which required the awarding of a signific- School a real opportunity to put into ef- ant number of four-year scholarships fect, through service, that which they are Last year $14,000,000 was spent by the presently learning SEA PRESIDENT - TERRY TURNER FINANCIAL VICE PRESIDENT- CLARK MEMORANDUM EDITOR - GLEN DAWSON A native of Salt Lake City, Utah, Terry MIKE ELDREDGE graduated from the University of Utah in Glen is a native of Roy, Utah, and a 1977 with a €3 A in Political Science He 1977 gradiiate of Weber State College Born and raised in Ogden, Utah, served as an intern in the Utah State where he majored in Accounting While at Mike graduated from Weber State College Legislature for one year and also spent one Weber he was a member of Phi Kappa Phi in 1971 with a B A in Political Science He year as a research assistant to Utah’s Con- and BILWKey National Honor Fraternity, received his M A in International Iiela- gressional delegation in Washington, and in his seniol year Ivas selected as tions at Utah State University in 1972 D C He was elected to the Board of Gov- Scholar of the Year He was a leg is la ti^^ where he also served as Graduate Student ernors at JRCLS as First Year Representa- Intern to Rep Ron IIalverson of Ogden Body PI esident A Vietnam veteran, Mike tive shortly after entering law school, and who at the time was House Majority served five years as a Naval Officer, the was subsequently elected again as Second Leader of the Utah State House of Rep- last two years of which he was assigned as Year Representative He has been active in resentatives Glen is currently an editor an assistant professor at UCLA and semi- the Moot Court Cocurricular program and for the Journal of Legal Studies and is a nar instructor at the U S Naval Academy this year has been a member of the na- member of the Delta Theta Phi Law in Annapolis, Md He is an editor for the tional team. Terry is also a member of Phi Fraternity He has been an Academic Journal of Legal Studies at TRCLS and also Delta Phi Legal Fraternity He serlred a Scholarship recipient for all of his three a member of the Delta Theta Phi Law mission in Mexico from 1972-74, and since years at JRCLS and Tvill graduate in April Fraternity Mike also serves as editor for then has returned twice to Mexico and in the top 20% of the class Glen served a the ABAiLSD Tenth Circuit Newsletter Central America as an interpreter for BYU mission to Northern California from and is a member of the Tenth Circuit archeological expeditions Terry is mar- 1971 -73 Upon graduation, he will begin Cabinet A December graduate, Mike ried to the former Miss Kim Sandberg; work for the Justice Department in plans to hang his shingle in Ogden, where they and their two children reside in Washington, 0 C he and his wife, the foimei Miss Mona Prow Johnson, currently reside with their three RECORD§ VICE PRESIDENT - children EXECUTIVE VICE PRESIDENT - TIM EGBERT JUNE BABIRACKI Tim’s home is Santa Rarhara, Califor- THIRD YEAR REPRESENTATIVE - June is from Grandada Hills, Califor- nia, and he is a graduate of Brigham GREG BURR nia, where she hopes eventually to return Young University, receiving his 13 S in to practice after law school She was active Mechanical Engineering in 1974, and his Greg is from Walnut Creek, Califor- in student government at BYU as an un- M S. in the same field in 1975 He is a nia He graduated from Briglimi Young dergraduate, and brings to the Board of menilier of the American Society of University with a B A in history in 1975 Governors a significant degree of skill and Mechanical Engineers, and the Tau Beta He completed his first year of law school at experience in student affairs As Executive Phi fIonor Society At JRCLS, Tim has Southern Methodist University in Dallas, Vice President, she has the responsibility been active with the Journal of Legal Texas, before coming to the r Reuben of also serving as the representative to the Studies, both as an author and an editor Clark Law School Aside from his respon- Law Student Division of the ABA She is His interests are primarily in products lia- sibilities representing the Third Year Class currently an editor for the Journal of Legal bility litigation, which his background in on the SBA Board, Greg is Chairman of Studies and serves as Justice for the Cow- mechanical engineering and numerous the Graduation Committee and is the ley Chapter of the Phi Alpha Delta Law professional publications ha\Te suited him Magister of the George Sutherland Inn of Fraternity Junedevotes much of her spare well for Tim served a two-year mission to Phi Delta Phi Greg served a mission to time to the study of the Polish language Taiwan and speaks fluent Mandarin Chile from 1969 to 1970 He devotes his and is also an avid skier, having estab- Upon graduation he plans to practice law spare time to languages, music, and lished her proficiency in that sport by ob- in Kansas City, Missouri As Records V PI bicycling Upon graduation, Crtg will taining her instructor certification Tim has been responsible for publication entei ,ictive duty tvith the U S. “ivy IAG of all SBA Board of Gcnrernors meetings Corps

Tune Babiracki Greg Burr apn-. .. nawqnn. .. . Tim Eebert Mike Eldredye JackHaycock

26 CLAM MEMORANDUM SECOND YEAR REPRESENTATIVE - ACADEMICS CO-CHAIRMAN - STUDENTLIFE CHAIRWOMAN - MATT HILTON DAVE WATSON SHARI PERKINS Dave is a native of St George, Utah A native of Richland, Washington, A native of Walnut Creek, California, and is a 1977 graduate of Weber State Col- Shari is a 1978 graduate of BWwith a Matt graduated from BYU with a B A lege where he majored in Accounting major in Sociologyhcial Work As an summa cum laude in History in 1978 He During his last three years at WSC Dave undergraduate, Shari was Studentbody was a 1977 nominee for Rhodes Scholar received athletic and Presidential scholar- Executive Officer for ASBW and the reci- and Danforth Scholar, and a member of ships, and was a member of the Phi Kappa pient of numerous awards and honors in- Phi Kappa Phi, Phi Alpha Theta, and Phi Phi Honor Fraternity While in his second cluding National Woman of the Year Eta Sigina honor fraternities. Matt has also year at JRCLS he passed the Certified Among Colleges and Universities Most served as National Chairman of Manus- Public Accounts Exam in November, 1978 recently she was selected as the Out- cript Iiesearch for the Sons of the Ameri- As Academics Co-Chairman, Dave has standing Young Woman of the Year for can Revolution and project director for the been responsible in part for the numerous the State of Utah, 1979-80. She has had U S Army ROTC Region 14 Motivation speakers at SBA Brownbag lectures and experience as a legislative intern for the Study At the ABAiLSD level, Matt has most recently has spearheaded the drive Utah State Legislature, and also served as assumed the responsibility for organizing to establish a new student lounge at the an assistant to Congressman Mike and directing the Legislative Drafting Pro- law school Shortly before serving a Mis- McCormack in the U.S House of Rep- gram at JRCLS and will be a delegate to the sion to Germany, Dave was runner-up in resentatives Since coming to JRCLS Shari Tenth Circuit Spring Conference at the 1970 Utah State Amateur Golf Tour- has been active in the Association of Laramie in March He is also an active nament at the tender age of 18 Since Women in Law and the Phi Delta Phi Legal member of the Phi Delta Phi Legal Frater- coming to JRCLS Dave has been known to Fraternity Her responsibilities on the nity, the American Trail Lawyers Associ‘i- hustle a few unwary law students, and has Board of Governors have included the or- tion and a grade on member uf the Law even gone so far as to set up a law school ganization and planning for all SBA spon- Review Matt served a Mission to tournament and then win it Dave, his sored social activities, as well as numerous Guatemala and El Salvadoi in 1973-75 His other responsibilities for which her ex- favorite pastimes include intramural wife and their two children currently reside in Orem. perience in student government has made sports in football, water polo ,nd basket- her wall suited hall ACADEMICS CO-CHAIRMAN - JACK HAYCOCK PUBLICITY CHAIRMAN - FIRST YEAR REPRESENTATIVE - MARK HOWARD KURT KRIEGER Jack is from Sacramento, California, and is a 1977 graduate of the University of Mark received both his Bachelor’s and Kurt is from Portland, Oregon, and a California at Davis where he received a BA Master of Accountancy Degrees from BYU 1979 graduate of BYU in Communications degree in International Relations In 1971 in August, 1978, and has passed all sec- At BYU as an undergraduate, Kurt was Jack was named one of the ”Ten Out- tions of the Certified Public Accountant’s active with the Kappa Tau Alpha National standing Youths of Sacramento” by the exam He is a member of Phi Kappa Phi Honor Society of Journalism and Vice Junior Chamber of Commerce, and in 1973 and Beta Alpha Psi Honor Fraternities and President of the BYU Pre-Law Associa- he began a two year mission to Colombia. the recipient of numerous scholarships tion Kurt has had experience in photo- Since coming to JRCLS, Jack has been an and awards He has worked extensively as graphy and journalism, and has worked author and editor for the Journal of Legal a research consultant in accounting, and extensively as a darkroom technician As a Studies, and has also been active as a has also been employed as a staff instruc- member of the SBA Board of Governors, member of the American Trial Lawyers tor in the Accounting Department at BW he has been responsible for several ac- Association Along with Dave Watson, Mark is the recipient of a Merit Scholar- tivities, many of which have given the first Jack shares the credit for the highly suc- ship at JKCLS, is an author for the Journal year class the reputation of being the most cessful Brownbag lectures at the law of Legal Studies and is a member of the Phi active group of newcomers in years Kurt school this year An avid sports en- Delta Phi Legal Fraternity As publicity served a mission to Guatemala and El Sal- thusiast, Jack spends much of his spare Chairman, Mark is responsible for all vador from 1975 to 1977 He is married to time playing or watching football, basket- internal and external publicity for SBA the former Miss Deanne Lisonbee, they ball, and softball Upon graduation Jack sponsored activities Mark fulfilled a mis- have one claughter, Jana Joy hopes to return to Sacramento to practice sion to Colombia in1972-74 and is married law

Matt Hiltnn Mark Howard Kurt Krierer Shari Perkins I emTurner Dave Watson

BRIGHAM YOUNG UNIVERSITY 27 NEWS

The recent publication of “The significant contribution to the his- Former BYU law student and Brethren” has prompted many tory of the court. SBA President Ben Hatfield is prac- comments from various points ac- ticing law in Brigham City, Utah. ross the spectrum of the legal pro- The authors’ approach places the Ben is a member of the firm Mann, fession, not the least of which are book more accurately in a class of Hatfield and Thorn. The firm does those views held by one of JRCLS’s historical novel along the lines of general litigation Supreme Court clerks, Eric Ander- Catherine Drinker Bowen, where sen. some facts are known but much is The law firm of Martineau, Eric revealed mixed emotions left to historical speculation and Rooker, Larsen and Kimball has about the book when reached at his conjecture ”Some clerks were very turned into quite the JRCLS home in Virginia Since the inter- family. active in their support for Bernstein Keith Rooker and Dale Kimball views with law clerks by Bernstein and Armstrong, while others did have both participated as faculty and Armstrong were completed not realize that conversations made members at JRCLS. They have hired with the 1975 term, Eric was not in good faith were being used as the as: associates: Robert Grow and among those questioned by the re- basis for certain assertions made by Robert Johnson of the class of 1975 porters Nevertheless, he was ac- the authors,” Eric continued “In and James Swindler and Niel quainted with many who were in- fact, many assertions made by the Christensen of the class of 1978. terviewed and was able to make sa- authors are widely known to be false lient observations about their ex- and inaccurate, and other observa- periences and relate them to his own tions would have been virtually im- Paul Toscano of the class of 1978 experience as a clerk to Justice Lewis possible to substantiate.” returned to the JRCLS to give a talk F. Powell. to the student body about his re- ”The Court,” explained Eric, ”is The book does have value in re- cently published article in the Law certainly far from perfect and the vealing some of the inner workings Review on the dubious neutrality justices are not above criticism; but of the court and the pressures that the Supreme Court has assumed the book [The Brethren] is unfair in exist in the Supreme Court. As for under the First Amendment religion its obvious bias against the Chief clerking at the Supreme Court, Eric clauses. Paul is practicing law in Justice ” This overt bias against the described it as “Marvelous! I Orem with a small law firm, and is Chief Justice and the sensationalistic wouldn’t have missed it for any- an adjunct instructor for the BYU journalism approach by Bernstein thing. ” College of Education and hstrong does not result in a