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Law Notes School Publications

Winter 1978

1978 Vol.5 No.2

Cleveland-Marshall College of Law

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Winter/Spring 1978 CLEVELAND-MARSHALL LAW NOTES

Winter/Spring 1978 Vol. s No. 2

Contents

1 From the Dean

1 CLE-Law School Challenge by Stephen Werber

2 Anita Morse Heads Library by Gail Gianasi Natale

4 OBAR/LEXIS Helps Student Research by Kurt C. Olsen

6 From the Alumni President

6-9 Alumni Notes

10 Law Library Campaign

12 Public Defender Training

13 Student Notes

14 Faculty Notes

16 Street Law

18 Marshall Fund

19 Reporter Sees Work, Not Drama by Bus Bergen Cover by Marlin Nadorlik What's Happening? Cleveland-Marshall Law Noles is published quarterly for alumni and friends by the Cleveland-Marshall College of C-M Law Notes wants to keep current on what's hap­ Law. Editorial offices: Law Notes, Room 121, Cleveland­ pening to Cleveland-Marshall alumni and friends. We'd Marshall College of Law, Cleveland State University, like to know so we can tell others about your special Cleveland, Ohio 44115. Telephone 216/687-2540 accomplishments, promotions, new positions or asso­ ciations, community activities, public offices, retire­ Dean ments, honors, etc. Please send news about yourself or Robert L. Bogomolny others to Law Notes, or telephone 216/687-2540. Be sure to include name, address, telephone number and Editors year of your C-M law degree. Photos can be returned. Gail Gianasi Natale Kurt C. Olsen tncrm th.E Continuing Education­ law school challenge

A significant part of this issue of Law Notes is devoted By STEPHEN J. WERBER, Professor of Law to the Cleveland-Marshall College of Law library devel­ With the continued growth of specialization in law opment program. The emphasis on the library drive is practice and an increasing awareness that many attor­ appropriate since it is evident to anyone who has ever neys cannot remain current in either general or specific practiced law that books are a major tool of the profes­ subject areas comes a new challenge to legal education. sion. In assessing the strengths and weaknesses of the Unless this challenge is effectively met, there is little College of Law, a conspicuous deficiency is the paucity doubt that the judiciary will act to meet it. of the library collection. Judicial criticism directed at the competence of prac­ It is not that the University has been inattentative to ticing members of the bar is heard more and more fre­ the library needs, but rather that the growth of the Col­ quently and several jurisdictions have either passed or lege and the increase in legal literature has been so rapid are considering passage of rules aimed at rectifying that heroic efforts are needed to bring the collection up the situation. to standard. The challenge, simply put, is to devise a means by A primary concern of any dean is that the quality of his which practicing members of the bar can be provided law school be nurtured and protected. It was apparent with the theoretical and technical information necessary before I arrived here and it remains apparent to me that to practice competently in an era of changing times and the library is not up to the quality standards set by the rapidly changing laws. This need is now met largely student body, faculty, alumni and physical facilities at through the efforts of the American Bar Association the College of Law. Therefore, a primary task for the (ABA), local bar associations such as the Greater Cleve­ faculty and law school administration is to effect efforts land Bar Association (GCBA) and the Cuyahoga County to carry out a successful library campaign. Bar Association, interest groups such as the Defense It is obvious to everyone involved that the enthu­ Research Institute and the American Trial Lawyers siasm and energy of the law school faculty and staff Association, and a variety of other non-profit and profit with the support of the University community alone organizations. cannot-and will not-produce a successful campaign. It is evident that state judiciaries and legislatures We desperately need the support and participation have the authority to require members of the bar to par­ of all Marshall graduates and the Greater Clevelan.d ticipate in continuing education programs. In the future community to make this drive a success. We feel it is members of the bar may be required to take examina­ appropriate to ask for this support because the law tions in special areas if they seek to practice in such school makes important contributions to the community areas and may even be required to take competency tests through its graduates and has been a major factor in the of a general nature on a continuing basis. At the very continued growth and development of its graduates. We least, participation in approved continuing education hope to increase this latter contribution by continued courses will be required. expansion of our graduates' use of law school facilities The first step in most or all jurisdictions will be to and involvement with continuing legal education pro­ focus on the need for continuing education. Regrettably, grams. there is now no uniformity in the scope of such pro­ All of this is at least partially dependent on the avail­ grams and even less uniformity in the quality standards. ability of a fine library. Making matters worse is the lack of true coordination The consistent aspirations of the College of Law are of effort which results in duplication and unnecessary to continue the sound educational tradition established competition among the most interested parties and while improving the quality of the education experience. those best able to make quality programs available to The library drive is a significant building block in this members of the bar at the lowest possible cost. continued growth and development. We therefore ask Working together, the academic and legal communi­ for the support of the Cleveland-Marshall community ties can bring organization and coordination to the in helping us to carry out a successful campaign. forefront. This combination can also establish accept­ able levels of quality. ~ Continued on page 17 1 Scholar, activist, heads

An academician who would rather study than teach ... a legal scholar with a social conscience .. a prolific writer with a head for administration . . . all describe Anita L. Morse, C-M's new law librarian. Morse will join the C-M faculty May 1 as professor of law and law librarian after serving as associate professor and law librarian at the University of Detroit School of Law for nearly three years. Morse succeeds Patricia Hinck­ HEADING THE C-M LAW LIBRARY is Jacqueline Fox, circulation librarian, {left) after the departure of Patricia Gordon. Anita Morse {right) takes over ley Gordon, act ~ng law librarian, May 1. who left Cleveland in March after earning her J.D. degree. During M .S.L.S . from the University of aid and migrant workers in her the interim Jacqueline Fox, circu­ Kentucky College of Library native Indiana. lation librarian, heads the library Science, the school at which for­ · "Many of us were activists in staff. mer C-M Law Librarian Bardie the late '60's," she said, " because Wolfe earned his law and library we had to be. But most of us w ho "The law library is now degrees. were Urban Scholars and activist s .. a big business with Morse was also a Ford Urban then have taken different direc­ money troubles." Law Fellow at the Columbia Uni­ tions now." Among those she versity School of Law. mentioned was C-M Assoc. Prof. Morse's background includes Morse is an expert on inter­ David R. Barnhizer, director of service in the Peace Corps in Bang­ national boundaries, water re­ C-M's legal clinic. kok, the Job Corps in Indiana, sources and the problems of poor She has not really given up social O .E.O. and legal aid in Kentucky; and migrant workers. activism. For example Morse re­ legal work at the Federal Trade She worked with Prof. Julien cently helped write the "bottle bill" Commission and Douglas Air Juergensmeyer (once mentioned which, when passed, made M ich i­ Craft Corp., and law library work as a C-M dean candidate) at the gari the first industrial state to at the Library of Congress, Uni­ University of Florida and, with require tha t beer and soft drinks versity of Kentucky, and Albany, him, published an article on air be sold o nly in returnabl e bottles. N .Y. Law School as well as Detroit. pollution control in Indiana. Morse expects to work toward She has also taught at the Uni­ Her article, The Rural Worker in an M.S. in public administration versity of Florida's Holland Law the New Deal and the War on Poverty, is at CSU while running the law Center in Gainesville, Fla. as well scheduled to be published shortly library, developing the biblio­ as at the University of Kentucky by Suffolk Uni versity Law Review. graphy for the library fundraising and Detroit. She explained that except for her campaign and reorganizing the Her advanced degrees include a time with the Peace Corps in Bang­ legal research curriculum. J.D. from the Indiana University kok, she had not really been ex­ "I like school," said the dynamic School of Law, Bloomington, Ind., posed to poverty until she started legal scholar who impresses nearly an LL.M. with highest honors in working for the department of everyone she talks to. "I'd rather international and public law from social work at Kentucky. She was go about learning in an organized George Washington University faculty sponsor of O .E.O. legal aid way than study on my own," she National Law Center and an placements and worked with legal explained.

2 ·Mel Arnold spearheads Library lundraising drive

She investigated an M.ff.A. but it is not what she needs as a law school librarian. The public admin­ istration program will help her to learn more about such areas as budgeting, staffing, fiscal manage­ ment and the legal aspects of state and local regulatory agencies. "I want to know what people trained in those areas do. ROSE "Law librarians," she said "are no longer the great scholars and teachers who hang around the library. The law library is now big business, a big business with money troubles." Her goals for C-M's library, in addition to increasing its collection in heavily used fields such as tax, STRUCHEN MELVIN ARNOLD labor and business and in urban­ oriented areas, is to rearrange staff Spearheading C-M's $1-million functions, hire replacements and law library fundraising campaign to arrange for full seven-day cov­ is CSU trustee Melvin Arnold, erage. attorney and executive vice presi­ "Then I'd like to add professional dent for law and corporate rela­ staff," she said, "and have suffi­ tions of the Eaton Corp. cient personnel in technical serv­ "We are fortunate to have a man ices." Morse estimates her plan with Arnold's abilities leading this should take two years. campaign which is so important to NANCE KNOPP In the legal research area Morse the College of Law and the Uni­ would like to see more emphasis versity," said CSU President on writing. At Detroit, legal re­ Walter W aetjen in naming Arnold search, brief writing and oral to the campaign chairmanship. advocacy are combined. Students Arnold was graduated from write memoranda during their Ohio State University and the first semester and a brief the sec­ University of Toledo law school. ond semester which is argued He joined Eaton in 1959 as associ­ Moot Court style before faculty ate counsel and has served as and currently sitting judges. executive vice president since WAETJEN The students earn grades in 1973. MASON both advocacy and writing. Assisting Arnold is H. Chapman bert J. Knopp, attorneys other She is not certain whether such Rose, honorary chairman, who than alumni; and C-M Dean Rob­ a system will be used at C-M. also heads the law firms division. ert L. Bogomolny, faculty and "Much depends upon the funds Other division co-chairmen are students. available," Morse said. J Maurice Struchen, foundations; James J. Mason is public rela­ James J. Nance, corporations; tions co-chairman and Waetjen is -By Gail Gianasi Natale Anthony J. Garofoli, alumni; Al- the University representative.

3 OBAR/LEXIS, legal computer,

C-M's first year students have been taught to use OBAR/LEXIS as a regular part of the legal research course since 1974. LEXIS is the computerized legal research system that stores the full text of thousands of legal documents. LEXIS users can rapidly retrieve desired documents by typing commands on a keyboard. Results are displayed on a video screen and a printer is provided to make hard copies. C-M's terminal is located on the main floor of the law library and is available to students and faculty for aca­ demic purposes. OBAR/LEXIS was developed in Ohio by Mead Data Central, a subsidiary of the Mead Corp. Following four years of testing and development in courts, law offices, governmental offices and law schools, LEXIS became fully operational in May, 1973. LEXIS is a time-sharing system. The computer and its memory are located in Dayton, Ohio. Subscribers all over the country share the system by linking their terminals to the computer by telephone. Many persons can use the system simultaneously because the retrieval process works rapidly. LEXIS instruction at C-M consists of two classroom sessions conducted by upperclass student-teachers. A final research project isrequired. The first session fo­ cuses on orienting the student to LEXIS: how the sys­ tem is organized and how to communicate with the computer. No Special Language Needed LEXIS does not require knowledge of a special lan­ guage or "computerese," but it must receive instructions in the simple format to which it responds. In the second session students learn the functions of keyboard controls that tap the full capabilities of the system. Although the mechanics of LEXIS research come quickly, most users recognize the significant ad­ vantages of the system only after individual practice and experimentation. T he geometric rise in the volume of precedential legal materials makes the computer an increasingly helpful research tool. In 1756 the Harvard law library consisted of just 20 volumes. In Revolutionary America lawyers relied pri­ OBAR/LEXIS INSTRUCTOR Kurt C. Olsen {top marily on Blackstone's one-volume Commentaries for the photo) explains intricacies of the computerized legal substance of common law. By 1837, when Abraham rsearch system to a class of first-year students. Bottom Lincoln began practicing law, there were fewer than picture shows a closeup of LEXIS' video screen. 50,000 reported decisions in America.

4 f ibn.an.11 note~

helps student research

By 1925 there were 1 .25 million reported decisions, and today that number totals nearlythree million. Added to that is the awesome proliferation of statutes, regula­ tions, rulings and administrative decisions. Further­ more, new fields of law are emerging that make research by traditional index methods cumbersome.

LEXIS Contains 20 Libraries

LEXIS currently consists of 20 libraries. The federal library contains U.S. Supreme Court, circuit courts of appeals and district court cases. It also contains the full text of the United States Code. The federal tax library contains the Internal Revenue Code, IRS regulations, cumulative bulletin and tax cases. The Ohio library, one of 13 state libraries, includes the Ohio Revised Code as well as Ohio State Reports, Ohio Appellate Reports and Ohio Miscellaneous Re­ ports. Library sponsors help define and monitor the per­ formance of LEXIS components. For example, the ac­ counting information in LEXIS is sponsored by the American Institute of Certified Public Accountants. photos by Sue Edwards The federal library is sponsored by the National Center More directly, the emergence of competing compu­ for Automated Information Retrieval-an organization terized legal research systems may signal lower prices of judges, practitioners and academicians. and better services. Although Mead Corporation's The use of computers as a legal research tool is ex­ pioneer LEXIS system leads in the chronological com­ pected to increase in coming years. Computerized litiga­ prehensiveness of its library materials, West Publishing tion support is already a reality in complex anti-trust Company's new Westlaw system boasts a data base that cases. includes all 50 states. The most significant factor limiting wide application Another important effort to offer access to legal data of the computer in litigation support is the high initial bases is being directed by the ABA's section of science cost of establishing a computer archive. and technology that has given its Public Terminal Pro­ ject top priority. The goal is to study how public legal Computerized Research is Expensive research terminals can provide a cost effective service In addition, computerized legal research systems are to small law firms and sole practitioners. too expensive for many applications. LEXIS on-line This writer suggests that the law library at Cleveland­ operation currently costs about $3 per minute; yet many Marshall would be an ideal place to provide terminals larger organizations have eagerly embraced computer­ accessible to the local legal community on a shared cost ized research. LEXIS has recently gained enthusiastic basis. The goal of the library fund drive is to expand the acceptance in the Cuyahoga County prosecutor's office, library collection to more than 225,000 volumes which for example. will make C-M an even more significant and convenient Large law firms and government agencies dominate resource for all. The additional availability of computer the computerized legal research market today, but there research tools would further enhance the value of the is reason to believe that an expanding sector of the legal library as a research center, particularly to those who community will soon have access to a legal data base. find the cost of a private terminal prohibitive. Advances in computer and electronic technologies may help to lower costs and to improve quality. - By Kurt C. Olsen

5 tncrm th.E aQu.mn.i pnEO.ickn.t

As Cleveland-Marshall graduates, we have many We will soon be giving the alumni an opportunity to things to be proud of at our college of law with its new learn more about Cleveland-Marshall today and to learn building, and increased number of students and faculty. how their support will make possible a library that will We are also proud that Cleveland-Marshall continues provide an adequate number of volumes for students, to make a legal education possible at a reasonable cost. attract and retain qualified faculty, and provide a legal Our challenge now is to help make vitally needed research center available to each member of the alumni additions to the law library collection. Our present li­ and legal community. brary collection has not been able to keep pace with the Most of us got our legal education the hard way, at increasing enrollment and need for research. night, and did it "on our own." Now that we've"made it," The statistics demonstrating the need for additions we have a chance to share some of our success with the and improvements to the law library collection are very college that helped make it possible. powerful. Cleveland-Marshall now has the largest en­ This is the first time the college has come to us for rollment of any law college in Ohio at more than 1,200 major financial assistance and it is vital that the fund­ students, nearly twice the enrollment of Ohio State or raising drive be successful. Please be ready to help and Case Western Reserve. The C-M law library has approx­ to give when one of the alumni gets in touch with you. imately 130,000 volumes, but the minimum need is 225,000 volumes. The large enrollment and the small number of volumes puts Cleveland-Marshall at the bottom of the list when one compares the volumes-per­ student of the eight Ohio law schools. The college of law budget provides $150,000 for the library, but this allows only for normal repair and main­ Alumni President tenance. Therefore, we are making an appeal to the alumni and the community for $1 million needed to purchase the additions and improvements in the law library collec­ tion. Greene courtroom looks Nostalgia Note like Marshall reunion What was it really like on Ontario Street? As the trial of six men accused of the bombing death of Are all those legendary tales true? Cleveland rackets figure Danny Greene got underway, Please tell us! the Common Pleas courtroom of Judge James J. Carroll Law Notes is planning a nostalgia issue and looked like a Cleveland-Marshall reunion. would be grateful to any "Ontario Street Prosecuting the six are Carmen Marino, C-M '71, and alumni" for reminiscences. If you have any his classmate Ed Walsh, C-M '71. old photos (as well as old stories) we'd be Six of the ten defense attorneys are also Marshall pleased to be able to borrow them and will graduates. Jerry Milano, C-M 'SS, represents Alfred return them unharmed. Calabrese; Elmer Giuliani, C-M 'S6, represents Thomas Please call Law Not es at 216/687-2540 or Sinito and Fred Jurek, C-M '6S, represents reputed write c/o Cleveland-Marshall College of Law, Mafia kingpin James Licavoli. Cleveland State University, Cleveland 44115 . Assisting the main defense lawyers are Stephen Walk­ er, C-M '74, Licavoli; Richard Damiani, C-M '7S, Ronald Carabbia; and Thomas Longo, C-M '72, Sinito.

6 aQu.mni note.6.

Roper leaves GCBA, Brady takes over McManamon swears in McManamon

Peter P. Roper, C-M '61, one of Marshall's best known alumni, has left Cleveland and the helm of the Greater Cleveland Bar Association (GCBA) which he guided for the past 10 years. Roper, who is the new executive director of the 14,000-member Bar Association of Pennsylvania head­ quartered in Harrisburg, has been suceeded as executive director of the GCBA by another Marshall alumnus, Thomas J. Brady, C-M '57, former GCBA counsel who assumes the titles of acting execu­ tive director and secretary. Roper, 53, joined the Bar Asso- THREE MEMBERS OF THE CLASS OF 1950 participated in recent swearing-in ceremonies at Cleveland City Hall. Cuyahoga County Com­ mon Pleas Court Judge Ann A. McManamon administered the oath to her husband, Joseph F. McManamon, one-time Cleveland safety director elected to the Cleveland Municipal Court lastfall. Their classmate, Federal District Court Judge John M. Manos, was master of ceremonies. The McManamons' grandson, Ian, 8, holds a family Bible. Cleveland Press photo by Bernie Noble

ROPER association became a viable organi­ Sierk Heads Senate ciation in 1968 after seven years zation with 4100 members. He was in private practice during which in the forefront of many projects Carroll H. Sierk, C-M assistant he also served as part-time execu­ and programs aimed at stream­ dean for academic affairs, was tive secretary of the C-M Law lining bar operations and, as one elected dean of the Cleveland School Alumni Association and local newspaper commented, he Alumni Senate of Delta Theta public relations and placement helped make the group more sen­ Phi law fraternity at the group's officer for the school. sitive to the needs of both its annual Tom & Jerry Party in C-M students, faculty and staff members and the public. January. have observed that Roper con­ Pete, as he is best known, push­ Other alumni officers are Jerry tinued his contacts and interest in ed for inclusion of laymen on Dempsey, vice dean; Gene Katz, the school throughout his tenure several bar committees and was tribune; Clarence Carlin, ex­ at the GCBA. a strong proponent of high ethical chequer; Jack McGinty, master Brady, 51, a reporter for the standards and a generous contri­ of ritual; C-M Prof. J. Patrick Cleveland Press for 21 years until bution of talent and time from area Browne, clerk of the rolls, and 1971, served as law director and attorneys. Leslie Duvall, bailiff. prosecutor for the City of Parma "Roper has long been recognized At the affair Dempsey, C-M '54, Heights before joining GCBA as as one of the top bar executives in was given the Outstanding Delta counsel in 1974. this country," said Patrick McCar­ Theta Phi award for distinguished Under Roper's guidance the bar tan, GCBA president. legal accomplishment during 1977.

7 aiumni notE.~

• County Bar honors • Jerry Dempsey wins Lucille Abbott: $I million verdict:

Lucille Geraci Abbott, C-M '41, Energy Application Services was among five persons honored Group by the Cleveland Electric at the Cuyahoga County Bar Asso­ Illuminating Co. (CEI). Kender ciation's recent Public Servants has been with CEI since 1948 and Merit Awards Luncheon. Abbott, is promoted from his position as a police officer, has been a proba­ manager of the Industrial Energy tion officer for the City of Cleve­ Application Department. land since 1950 and specializes in ABBOTT CORSI Thomas R. Lanese, C-M '71, the counseling of alcoholics. She manager of Society National joined the Cleveland law depart­ Bank's Turneytown branch, has ment as an aide in 1941. The Feb­ been elected an assistant vice ruary awards luncheon was among president of the bank. He joined several events marking the Coun­ Society in 1965 as a member of the ty Bar Association's 50th anni­ bank's management training pro­ versary. gram. Harvey W. Berman, C-M '77, Irwin N. Perr, M.D., C-M '61, has gone into solo practice in the DEMPSEY EMERLING has been elected president of the Leader Building. American Academy of Psychiatry Louis V. Corsi, C-M '51, was and the Law for 1978-79 Dr. Perr appointed Cleveland utilities direc­ is currently an adjunct professor tor by Mayor Dennis Kucinich. of law at the Rutgers University Corsi has held a variety of admin­ Law School-Newark in addition istrative positions in government to his positions as professor of since working as a legal intern psychiatry and professor of com­ with the Cleveland law depart­ munity medicine at the Rutgers ment in 1951. IMMELT LANESE Medical School of the College of Fred DeGrandis, C-M '77, for­ Medicine and Dentistry of New mer bailiff for Common Pleas recently resigned as regional direc­ Jersey. Judge Robert M. Lawther, is an tor of the Federal Trade Commis­ J. Patrick Pokorny, C-M '73, is assistant law director in Lake­ sion (FTC) in Los Angeles. She the employee benefits counsel for wood. had also served as FTC regional Pickands Mather & Co. where his The first $1 million personal director in Cleveland. responsibilities include ascertain­ injury verdict in Cuyahoga Coun­ Mark W. Immelt, C-M '76, has ing compliance with the Pension ty was won by Jerry E. Dempsey, been elected a trust officer in the Reform Act of 1974 for the firm's C-M '54. The January verdict was trust department of Central Na­ 40 pension a nd welfare benefit awarded to Dempsey's client, a tional Bank of Cleveland. Immelt plans. motorist who was struck by a piece joined Central National's manage­ Mark Real, C-M '77, is the new of scrap that fell from an over­ ment development program in director of the legislative office of loaded truck. Co-counsel was Carl 1968 after graduation from Ohio the Greater Cleveland Interchurch G. McMahon. Both are partners Wesleyan. He had been a loan tel­ Council (GCIC), an office that in the firm of Dempsey, Giuliani, ler and an assistant trust officer. monitors legislative activity at all Sperli, McMahon and Longo. Larry James, C-M '77, has joined levels of government and relays Carol G. Emerling, C-M '55, has the Dennis Kucinich administra­ information to church members joined the American Home Prod­ tion as an assistant law director on legislation concerning social ucts Corp. in New York as secre­ for the City of Cleveland. justice goals. He had been devel­ tary. Emerling, a past president Frank A. Kender, C-M '54, has opment director of the GCIC since of the C-M Alumni Association, been elected vice president of the November, 1976.

8 aiu.mni note-6.

• Irwin Perr heads • Revco promot:es psychiat:rist: group Jack St:aph

Alice Rickel, C-M '73, has open­ Nick Schiau Jr., C-M '55, passed ed a law practice at 2106 Lennox the July, 1977, Ohio State Bar Rd., Cleveland Heights, after three Examination. Schiau started law years with the Federal Communi­ school in 1949 but was side-tracked cations Commission (FCC) in by his restaurant business, the Washington. Steak Joynt, in downtown Cleve­ land. He plans to go into full time Patrick R. Rocco, C-M '69, has general practice. taken out petitions to run for MARINO MILANO Common Pleas Judge in Cuyahoga NBC legal correspondent Carl County. Rocco is currently law Stern, C-M '66, was one of three director for the City of Euclid. judges who awarded The News­ paper Guild's 1977 Heywood Revco D.S. Inc. has announced Broun prize to two reporters on the promotion of Jack A. Staph, the Jackson, Miss. Clarion-Ledger C-M '73, from corporate counsel for a series exposing police bru­ to assistant secretary of the com­ tality and maladministration of pany. PERR REAL justice in Jackson.

RECENT ALUMNI DEATHS

Philip E. Arnold, C-M '23, died land Municipal Court, died in a specialist in transportation law in December at the age of 75. He December at 85. Mr. Johnston and had taught classes in traffic was a founding partner of the law served in France during World and shipping at the old Fenn and firm of Arnold and Melamed, War I on the staff of General John Cleveland Colleges. organized in 1957. J. Pershing. George Sepessy, C-M '22, work­ Bernard J. Conway, C-M '25, Thomas M. Kennedy, C-M '21, ed for more than 30 years for the who retired in 1970 as judge of the died in December at 82. Mr. Ken­ Equitable Life Assurance Society Cleveland Municipal Court, died nedy was a specialist in corporate, before he retired. He had also in November at 87. Mr. Conway probate and real estate law. His served as an assistant attorney served 20 years as a police prose­ survivors include a son, Thomas general of Ohio for 10 years and cutor. He was appointed chief M . Kennedy Jr., law director of served on the War Labor Board. prosecutor in 1953 and assumed the City of Lakewood. Mr. Sepessy died in February at 78. the bench in 1960. John A. Matlak, C-M '53, died Edwin Sharwell, C-M '35, died William E. Gatton, C-M '54, recently at 52. Mr. Matlak, assist­ in December at 70. He had oper­ died in January at 62. Mr. Gatton ant branch manager at Society ated the Sharwell Shoe Company, was a brakeman for Penn Central National Bank, was previously a a wholesale distributorship, for for 30 years and had been practic­ branch manager for Union Com­ 30 years before retiring and liqui­ ing law for 25 years. He worked merce Bank and had worked for dating his business in 1974. both jobs simultaneously until a the Cleveland Trust Co. Otto F. Steele, C-M '29, suffered few years ago when he devoted Edwin C. Reminger, C-M '22, a fatal heart attack in Venice, Fla. full time to his West Side law who at 82 actively maintained his in February. He practiced law in practice. position as senior partner of Rem­ Cleveland for 40 years before re­ Charles f. Johnston, C-M '23, inger & Reminger law firm, died tiring in 1969. He was also associ­ retired deputy clerk of the Cleve- in December. Mr. Reminger was ated with the Daily Legal News.

9 Law Library goal

One-million dollars will be of the CSU board of trustees-has is required to bring the library up sought from C-M alumni and the a capacity of 225,000 volumes yet to standard. community during the next two contains only about 130,000. The C-M library is an important years to add nearly 100,000 books Although C-M has the largest legal research center for the com­ and periodicals to the Cleveland­ enrollment of any law school in munity as well as for students and Marshall law library collection. the state, more than 1200 full and faculty. As a college of a state uni­ For the first time in the 80 years part-time students during the versity, Arnold pointed out, C-M's that spans the histories of Cleve­ current academic year, it has the resources are available to all. The land-Marshall, Cleveland Law lowest ratio of volumes per stu­ school's location at E. 18th St. and School and John Marshall Law dent of any of the nine Ohio law Euclid Ave., at the eastern edge of School-and for the first time in colleges. Playhouse Square and a short loop Ohio State, with the highest bus ride from Public Square, is also ratio, has 541 volumes for each conveniently reached by car. Ohio State has 541 vol­ student compared to C-M's 104. The library is open longer hours umes for each student com­ Although the law library collec­ than any other law library in pared to C-M's 104. tion has greatly expanded in recent Cleveland-from 7:30 a.m. to years, "private donations are 11 p.m. Mondays through Fridays, necessary because the current 9 a.m. to 8 p.m. on Saturdays and the 14-year history of Cleveland collection is barely adequate to 10 a.m. to 11:30 p.m . on Sundays. State University-a major com­ serve as a rudimentary teaching Alumni will be invited to a spe­ munity-wide fundraising effort library and it lacks adequate vol­ cial event to visit the library and is being mounted. umes to serve as a true community the new $7.5-million law school The library-soon to be for­ resource," said Melvin C. Arnold, building in the near future and are mally named in honor of Joseph CSU trustee and chairman of the welcome to visit the library at any W. Bartunek, C-M '55, the former library fundraising campaign. time. judge who was the first chairman A minimum of 225,000 volumes Minor physical imperfections in the library plant such as inadequ­ ate lighting and lavatory facilities will be remedied with University funds before the Fall quarter ac­ cording to CSU President Walter Waetjen, a co-chairman of the fundraising campaign. The cam­ paign, he emphasized, is strictly to expand the library's collection. C-M's new law librarian, Prof. Anita Morse, will help to develop specific collection expansion plans when she assumes her duties in May. (See interview with Morse p. 2). C-M needs $400,000 to expand such heavily used areas as tax, corporations, commercial trans­ actions, security regulations, labor, LIBRARY ASSISTANT Judith Kaul checks checked-out books behind basic litigation and medical-legal the marble reserve desk as Charles Bridges looks on. materials.

10 2ibn.an.'t note.b.

• IS million

Another $200,000 is needed to develop a strong urban collection covering such topics as planning, zoning, state and local taxation, local government, regional devel­ opment, corrections, juvenile law, social services, transportation, environmental law and city ordi­ nances and codes. Funds are also needed to in­ crease the numbers of basic mate­ rials, to build up a retrospective collection and for maintenance, rebinding and restoration of exist,.. ing worn materials.

Funds are needed to in­ Marlin Nadorlik crease basic materials. By comparison, CSU received 000 and attorneys other than about $20 million from state and alumni are expected to donate a CSU and C-M are tax-assisted, federal funds during the same total of $50,000. A total of $25,000 not tax-supported, Arnold pointed period of time-$10 million from is expected from C-M faculty out. Less than 60% of CSU's total the state and $1 million from the and students. operating budget comes from federal government. Arnold recently announced that Ohio tax dollars and the state pro­ C-M alumni will be asked to the Cleveland Foundation has vides only about $150,000 each contribute a total of $225,000 to donated $100,000 to the library year for maintenance of the law the library campaign. Corpora­ campaign while the state legisla­ college library. tions and foundations will each be ture authorized a one-time $100, Other tax-assisted universities solicited for $300,000 while law 000 capital funding grant for books have successfully solicited alumni firms will be asked to give $100, and periodicals. and community support in their efforts to provide quality educa­ tion at a reasonable cost. Some Prof. Heimanson, Former Librarian 80% of students in higher educa­ Rudolf H . Heimanson, retired He practiced law and social work tion attend public universities, C-M professor and librarian, died in Germany until 1939 and was a Arnold pointed out. at his New York home in Decem­ social worker in Great Britain Both public and private univer­ ber. He was 73. during World War II. He came to sities in Ohio receive sizeable Prof. Heimanson joined C-M in the United States after the war and federal and state grants. Case 1961, before it became part of served as an associate professor Western Reserve University, the Cleveland State. He retired after and librarian at the New York Law major private university in Cleve­ suffering a stroke in 1966. School before coming to C-M. land, received about $24 million Born in Berlin, Prof. Heimanson He wrote several books and in federal and state funds during earned law degrees from the Uni­ articles including the Dictionary of the 1975-76 academic year-75% versity of Berlin and the Univer­ Political Science and Law published from federal sources and 25% from sity of Wuerzburg and his library in 1967. the state. This was about 30% of science degree from Pratt Insti­ Prof. Heimanson is survived by CWRU's total operating budget. tute, Brooklyn, N .Y. his wife, Anna.

11 C-M assists public defender training

fense of a case from start to finish, from the preparation of pre-trial motions through jury deliberations. C-M law students and actors from the Case Western Reserve University theatre department appeared as witnesses and jury members. Local jurists served as judges, including Judge Jack G . Day and Judge Thomas J. Parrino of the 8th District Ohio Court of Appeals and Judge Leo M. Spellacy, chief judge of the Court of Common Please of Cuyahoga County. Local attorneys serving as evaluators included Gerald A. Messerman, Gerald S. Gold, Niki Z . Schwartz, Russell Adrir.e, C-M '55, Roger DeMarco, Roger Hur­ ley, head of the Legal Aid Society public defender pro­ gram, and C-M Lecturer Edward Marek.

The third phase of the program will be preparation of four public defender office DAVID BARNHIZER manuals.

A training workshop for public defenders aimed at practitioners recently admitted to the bar was held The third phase of the project will be the preparation March 2-4 at Cleveland's Justice Center. of four public defender office manuals. C-M senior The workshop was the second in a continuing series Sheri A. Schoenberg is the research coordinator for of workshops held under the aegis of the Cuyahoga the manuals. County Public Defender's office which will be fully Schoenberg said the program has been greeted en­ operational by the end of this year. thusiastically by the participants and the legal commu­ Assoc. Prof. David R. Barnhizer, director of C-M's nity. The January workshops were 90% full despite the Legal Clinic, is the educational consultant for the onslaught of one of the worst blizzards in Cleveland's program. history. The first phase was a basic training workshop held Cuyahoga County's public defender office will even­ during January. In the second phase March workshops, tually assume ongoing training responsibilities. A news­ 30 participating students were divided into teams of letter especially for public defenders will be edited by two. Each team handled either the prosecution or de- Prof. Paul Gianelli of Case Western Reserve University.

12 .b.tu.c:f t:nt nott:.b.

SBA Speakers Bureau brings Hayden, hopes to get Burger, Hongisto

Prominent and controversial political figures police-community involvement and the treatment are speaking at C-M this spring through efforts of of minorities, the poor and homosexuals. the Student Bar Association (SBA) Speakers Eagleton was nominated to run for vice president Bureau. with U.S. Sen. George McGovern (D-S. Oak.) in U.S. Sen. Thomas Eagleton (D-Mo.) and Chicago his unsuccessful 1972 campaign for the presidency Seven co-defendant Tom Hayden spoke at C-M before being replaced by R. Sargent Shriver. Eagle­ in February. ton spoke at C-M on Feb. 17 supporting the federal Lee Andrews, Speakers Bureau chairman, said criminal code reform act, S. 1437. the SBA is negotiating with the Cleveland City Hayden, former head of the Students for a Club, which is planning a City Club Forum series Democratic Society (SDS) and recent candidate on criminal justice this spring, to bring some of the for the U .S. Senate from California, discussed Forum speakers to C-M. Chief Justice Warren various economic programs in California and Ohio Burger may be among the Forum speakers. on February 22. In addition, the SBA hopes to have Cleveland For further information, dates and times Law Police Chief Richard Hongisto speak at C-M. Notes readers are asked to call the SBA at 216/ Hongisto, formerly with the San Francisco sheriff's 687-2339. department, has been outspoken in his advocacy of

C-M's Niagara Moot Court team wins big

C-M's Niagara Moot Court of Law, Wayne State University, Moot Court Chairman Gary team made a clean sweep in the Capital University, Osgood Hall Javore, Susan Dolin, David Brown Niagara International Moot Court and Windsor. and Randy Horvath, C-M seniors, Competition in Toronto, Ont. in were scheduled to participate in February. the Jessup International Law Com­ Team members Jack Haley, gets grant petition in New Orleans early in Gregory Victoroff and Christine NLG ABA March. At the same time C-M Covey also took the best brief Cleveland-Marshall's chapter Moot Court members were to award. Haley was named best of the National Lawyers' Guild enter the Wagner Labor Law Com­ oralist and Victoroff second best (NLG) has been awarded a $500 petition in New York City. oralist. grant by the ABA's Law Student C-M's annual Moot Court The Niagara competition is Services Fund for the NLG's Peo­ Night, to which alumni and friends limited to second-year law stu­ ple's Law School. are invited ,will be held in the Moot dents. C-M's Niagara teams have The People's Law School con­ Court room in May. The competi­ consistently taken first or second sists of a series of workshops and tion will feature the best among place in recent years. classes presented in various Cleve­ second year team members who C-M won the 1978 competition land neighborhoods and designed will be judged by a panel of distin­ by defeating St. John University to acquaint neighborhood leaders guished jurists and a special guest. in the semi-finals and the Univer­ with their rights and responsibili­ Last year's guest was Archibald sity of Toronto in the finals. Other ties under the law. Cox. competing law schools were Case Student Lee Andrews is the Alumni may call Moot Court at Western Reserve, Detroit College NLG project ad ministrator. 687-2338 for further information.

13 C-M faculty well represented • Barnhizer at Atlanta AALS meeting chairs, writes

Thirteen C-M faculty and ad­ Assoc. Prof. David R. Barnhizer, ministrators attended the annual C-M's Director of Clinical Legal conference of the Association of Education, has had several articles American Law Schools (AALS) published recently and has partici­ held in Atlanta, Ga., Dec. 27-29 . pated in several clinical legal edu­ Prof. Kevin Sheard led the C-M cation conferences. He has been contingent as the school's voting reelected chairman of the section delegate. AUERBACH BARNHIZER on clinical legal education of the Conferees attended professional Association of American Law meetings, seminars and the AALS Schools (AALS), was named spe­ business meeting. cial consultant to the joint AALS­ Prof. Jane Picker chaired the ABA Clinical Education Guidelines section of Women in the Law. Project and was appointed to the Assoc. Prof. David Barnhizer ABA Committee on Clinical Edu­ chaired a panel on the joint ABA­ cation. Prof. Barnhizer's article AALS Guidelines Project, a two­ FORTE "Rejection of the Practitioner in · year study of major issues in legal Legal Education" appeared in a education for professional respon­ recent Cleveland Bar Journal; " As­ sibility. Prof. Lizabeth Moody is a sault on the Citadel: The Role of member of the AALS executive Clinical Legal Education" will committee. appear in a symposium issue of Prof. Alan M . Ruben moderated the Brigham Young Law Rev iew; a a panel discussion on "T ripartite revised version of "The Clinical Academic Bargaining and Univer­ Method of Legal Instruction: Its MOODY TERRILL sity Governance-the Student Theory and Implementation" ap­ Role" and also delivered a paper peared in Vol. 29 No. 4, Journal of reflecting the preliminary findings Legal Educafion. of his survey of graduate legal Dean Robert Bogomolny parti­ education in the U.S. conducted cipated in a workshop for new under the auspices of the section deans at the ABA mid-winter on graduate legal education of meeting in New Orleans in Febru­ which he is secretary for 1978. ary. He also spoke at several area Also attending from C-M were TORAN WILLEY meetings, during Winter quarter. Dean Robert L. Bogomolny, Asst. the required 30-day notice period. Dean Bogomolny discussed the Dean Janice Toran, Prof. Emeritus Picker was allowed to ask the body right of privacy at the Fairmount Charles Auerbach, Assoc. Prof. to waive the 30 day limit, a proce­ Temple Brotherhood's Sunday David Forte, Asst. Prof. Stephen dure requiring a two-thirds vote, Morning Forum Feb. 5 .. . He spoke Gard, Asst. Prof. Stephan Lands­ but the final tally was 44-43. on " Developments at Cleveland­ man, Assoc. Prof. Jerry Terrill and In other action, New York Uni­ Marshall" to a luncheon meeting Prof. Robert Willey. versity proposed that member of the Calfee, Halter & Griswold Prof. Picker's section proposed schools prohibit law firms which staff Feb. 17, part of a continuing an instruction to the executive discriminate against "gays and effort to maintain contact with committee that it not locate future lesbians," in the language of the area law firms ... and he discussed AALS conventions in any state resolution, from using law school the "Fourth and Fifth Amend­ that has not ratified the Equal placement facilities. Delegates ments and the Burger Court" at a Rights Amendment (ERA) but the took no action on the NYU pro­ March 1 meeting of the Federal proposa't was not received within posal. Bar Association.

14 tacu.itct note~

• Stephan ·Landsman sues • Alan Ruben named for indigent motorists to Who's Who in World

Prof. J. Patrick Browne's article Eighth Annual Federal Tax Work­ entitled "Civil Rule 1 and the Prin­ shop sponsored by the Cleveland ciple of Primacy-A Guide to the Chapter of the Public Accountants Resolution of Conflicts Between Society of Ohio. Statutes and the Civil Rules" is Prof. Alan Miles Ruben will be scheduled to appear in Volume V, included in the fourth edition of No. 2 of the Ohio North ern Law Marquis' Who 's Who in the World, Review. BROWNE COHEN the standard biographical refer­ "The Development and Use of ence work. Prof. Ruben's biog­ Discovery Procedures Prior to raphy has been published in Who 's Trial" was discussed at the Sunday Who in Amerirn for several years. Breakfast Club of Congregation Adjunct Lecturer Richard W. Beth Am (Community Temple) in Schwartz discussed "Probate Cleveland Heights on Jan. 22 by Practice" at the Greater Cleveland Prof. Edward Chitlik. Bar Association's Practice and Procedure Clinic last Dec. 9 . He Prof. Hyman Cohen discussed HALEY KUHNS spoke on "Wills, Trusts, Estate " Fact Finding and Impasse Resolu­ Planning and Probate" at the Hig­ tion in Ohio" at the February 3-4 bee Corp. pre-retirement seminar Winter Seminar of the Ohio Coun­ and talked about "Recent Changes cil of School Board Attorneys at in Probate Law" at the Lake Coun­ Mohican State Park Lodge. ty Estate Planning Council, both Adjunct Lecturer Donald C. last fall. Haley, C-M '63, presented a paper Prof. Stephen J. Werber has entitled " Upward Mobility-for LANDSMAN WERBER Real" at a Greater Cleveland written two articles to be publish­ ington University in St. Louis ed shortly; a third has been re­ Growth Association conference during the 1976-77 academic year. on Business in the Community printed; and he continues to work on the Product Liability volume aimed at promoting better under­ Asst. Prof. Stephan Landsman for West's Ohio Practice. "Product standing of the free enterprise sys­ filed suit in U.S. District Court in Liability: A Consolidated Teach­ tem and the constructive role of November challenging the right ing Approach" will be published business in thecommunity. Haley's of municipal judges to jail persons in 30 Journal of Legal Education No. 2 remarks at the November confer­ unable to pay fines levied without (1978); "Strict Liability Comes of ence concerned management first determining whether the per­ Age in Ohio: Almost" is scheduled policies required to further the son has the ability to pay. The suit for spring publication in the Akron mobility of minorities and women was filed on behalf of three indi­ Law Review and Prof. Werber's into high managerial and executive gent motorists who spent time in article, "Product Liability: the positions. jail because they could not pay the Potential Liability of the Advertis­ fines imposed. Prof. Landsman is Assoc. Prof. Richard B. Kuhns ing Agency," written with William affiliated with the C-M Legal taught evidence at the Indiana Trombetta, which first appeared Clinic. L. University School of Law, Bloom­ in 24 Cleveland Stale Law Review 413 ington, Ind., during the Summer, Adjunct Prof. Ben Lewitt dis­ (1975) has been reprinted in the 1977 semester before returning cussed "Tax Planning for Inves­ latest edition of the Advertising Law to C-M after a year's leave of ab­ tors," "Preparation of Federal Gift Anthology. Prof. Werber is working sence. Prof. Kuhns had been a Tax Returns" and "Basic Estate on the West volume with James visiting faculty member at Wash- Planning" in November at the Szaller, C-M '75.

15 C-M's three-year-old Street Law Program flourishes in Greater Cleveland schools

Cleveland-Marshall's three­ which is giving elementary school year-old Street Law Program, a education priority over the next three-quarter, six-credit course, three years. is alive and well thanks to several Thirteen C-M students are cur­ recent funding grants and is flour­ rently enrolled in the year-long ishing in more than a dozen Great­ high school teaching program er Cleveland high schools. which uses as a text Street Law: A Street Law involves law stu­ Course in Practical Law published by dents, high school students and West for the National Street Law their classroom teachers in a year­ Institute. Subjects include an long program aimed at "demysti­ introduction to law, criminal law, fying the law for young people," consumer law, family law, housing according to Elisabeth Dreyfuss, law and environmental law. M.A., a former teacher and C-M Additional course material is senior who is assistant director of part of the book Juries and justice the Street Law Program. written by Plain Dealer reporter Marcus Gleisser, C-M '57. In an Street Law is a year-long appendix entitled "Anatomy of a program aimed at "demysti­ Civil Jury Trial" the C-M alumnus fying the law" for young details the so-called "Bug Bite Case" of the early 1960s in which people. ELISABETH DREYFUSS a civil jury awarded a $625,000 cited from organized labor, Drey­ verdict to a double amputee, for fuss said, and the Cleveland Bar a long time the largest verdict ever C-M students enrolled in Street awarded in Cuyahoga County. Law earn law school credit for Association has already given some financial support. The plaintiff was represented by teaching various aspects of the law the late Abe H. Dudnik, C-M '27. to high school students in the The Cleveland Foundation re­ Cleveland, Cleveland Heights, cently awarded the program a Shaker Heights and East Cleve­ $20,000 one-year grant for a street Students learn to under­ land public school systems The law program for corrections offi­ stand the resources of program culminates with a mock cers, staff and inmates at the trial in which students employ the Cleveland House of Corrections community diversionary "lawyering skills" that they have (Workhouse) which got underway programs. been taught. in February.

Initial funding was provided by C-M students are teaching the Students teaching street law, the Cleveland, Gund, and Jennings Workhouse personnel and inmates as well as their pupils, learn to Foundations. In addition, the in a program divided into four­ understand the resources of com­ Gund and Jennings Foundations week modules. The students are munity diversionary programs and have renewed their initial grants paid for their time rather than community alternatives to correc­ and Jennings has given a challenge earning law school credit. tions, Dreyfuss said. Law students grant to the Maple Heights school The Street Law Program is also enrolled in the program are also system to pay C-M students for working with area school systems able to learn such subjects as land developing a Street Law Program to develop an elementary school use law and welfare law-areas in that system. (K-6) curriculum in conjunction they would not get anywhere else Additional funding will be soli- with the American Bar Association in law school.

16 Continuing Education~ law school challenge

from first page The academic sector is in an excellent position to re­ tain and provide an overview of case development, legal theory and legislative action, while the practicing bar is best able to indicate the needs of its members, the diffi­ culties to be encountered and to require that any pro­ gram be solidly founded in both theory and reality. The academic and legal communities together can have a great influence upon the judiciary as that body weighs the problem and determines which route would be most expeditious to meet the challenge of continuing education and needs for maintaining competence while least infringing upon the time, effort, finances and rights of the legal community. The facility of the Cleveland-Marshall College of Law, with its ready access to downtown Cleveland, is potentially the best meeting place for the providing of structured continuing legal education programs. With its faculty, library, auditorium and audio-visual capacity, all of which are available at modest cost, the C-M College of Law is clearly among the most viable facilities in Cuyahoga County and possibly in Northeast Ohio. STEPHEN WERBER ber of the CLE committee in person, by telephone or by C.L.E. Committee letter to suggest areas for development. The CLE committee is also exploring the possibility Prof. Stephen J. Werber, Chairman of establishing special elective courses which will be Prof. Sidney Jacoby available to members of the bar as a function of continu­ Prof. Stephen Lazarus ing education while also being available as credit bear­ Prof. Ronald Rosenberg ing courses for law students. The need for a viable CLE program is evident regard­ Steve Holtzman, student less of whether the state imposes further licensing or Charles Bridges, student education requirements. This type of program is essen­ tial if our profession is to meet its ethical requirement of providing competent legal services. We at Cleveland­ Programs involving the bench, the bar and the aca­ Marshall are proud to be among those in the vanguard demic community have already been presented success­ as we seek to establish a cohesive CLE program within fully both within and without the confines of the col­ the college and community. lege of law. These programs have focused primarily in In addition, the facilities of the school of law at Case the areas of criminal justice, equal employment oppor­ Western Reserve can be utilized. Indeed, CWRU is pres­ tunity and aspects of taxation and tax shelters. ently developing a major CLE program. However, the potential subject areas for CLE are as To maximize the benefits available to the members diversified as the recognized needs of the legal commu­ of the legal profession, it is absolutely essential that the nity. To best ascertain these needs the college of law two colleges take steps to coordinate their efforts. The requests that the readers of this note contact any mem- Continued on page 18

17 Levi may be Marshall fund scholar

Edward Levi, former U.S. attorney general and one­ em's law school in 1946 and served as legal secretary to time president of the University of Chicago and dean of Chief Justice Fred M. Vinson from 1946to1948. He has its law school may be a Cleveland-Marshall Fund scholar taught law for the past 30 years-at Northwestern, during the 1978-79 academic year subject to renewal of Harvard, the University of Chicago and the University the program by the CSU board of trustees. of Michigan where he was dean of the law school from Prof. David Goshien, chairman of the Marshall Fund, 1966 to 1971. reports a virtual commitment from Levi to be among D D D three visiting scholars who will each spend two days on The first two Marshall Fund scholars this year were campus next year. Goshien is soliciting suggestions the Hon. Constance Baker Motley, judge of the United from alumni as well as students and faculty for addi­ States District Court for the Southern District of New tional speakers. York, and Thomas Ehrlich, president of the Legal Serv­ The final scholar in this year's series will be Francis ices Corporation and former dean of the Stanford Law A. Allen, Edson R. Sunderland professor of law of the School. University of Michigan Law School who is scheduled Judge Motley, for 10 years a staff attorney with the to discuss "The Decline of the Rehabilitative Ideal in NAACP Legal Defense and Educational Fund, said the American Criminal Justice" at 5 p.m. Thursday, April 13, success of the civil rights movement has led to the pur­ in the Moot Court Room of the Law Building. suit of legal remedies by such other groups as the poor, Prof. Allen was drafting chairman of the Illinois the elderly, women, children and environmentalists, Criminal Code in 1961 and has written several books "all of whom need lawyers to resolve their grievances." and articles on criminal justice. She told one group of students that "legal clinics are He was graduated magna cum laude from Northwest- an important part of legal education. I've noticed the difference in lawyers coming out of school in the last CLE challenge . .. five years. Those with clinical experience are ready to from page 17 practice law." time is long past when these two quality institutions can During a coffee hour with members and friends of afford to view one another as competitors. There is C-M's chapter of the Black American Law Students everytime to gain by our maintaining independence, but Assn. (BALSA) Judge Motley suggested that disadvan­ at that same time establishing lines of communication taged students with academic ability should be identified and seeking to act cooperatively at all possible levels. "as early as high school and should be guided in to the Such cooperative enterprises are already in evidence in proper undergraduate courses leading to a first class relation to BALSA and even in some curriculum mat­ legal education." ters. The time has come to carry this forward into the She also suggested that the failure rate among stu­ area of CLE. dents enrolled through law school special admittance The Cleveland-Marshall College of Law is now em­ programs is high "because the black middle class is by­ barked on a voyage during which we hope to make clear passed in favor of aiding blacks from a ghetto situation." to all that we do not represent merely a physical plant Ehrlich heads the private, non-profit Legal Services for the presentation of the programs of others. We in­ Corporation created and funded by Congress in 1974 tend to enter into individual and cooperative efforts to which provides civil legal assistance to the poor through produce high quality continuing education programs. some 325 programs in 750 offices staffed by 3700 attor­ To this end the law college CLE committee is devel­ neys and 2000 paralegals. It is concerned primarily with oping programs in cooperation w ith the GCBA and such areas of the law as housing, landlord-tenant, con­ individual practitioners and has solicited program con­ sumer law, family law and administrative benefits, he cepts from its faculty. said. Committee members have also met with representa­ The corporation's goal, he said, is to provide at least tives of the Cuyahoga County Bar Association to make minimum access to the legal system for the poor. clear their desire to enter into a cooperative effort in the Both Ehrlich and Motley stressed the need for peer expanding field of continuing legal education. review groups within the legal profession.

18 Veteran reporter observes lawyers replace theatrics with hard work and study

By BUS BERGEN "When you have a lousy case it is better to chose a jury Courts Reporter, Cleveland Pres s than to try the thing before a judge. Jurors always are On a recent plane trip to Dallas, this writer spotted a easier to hoodwink." prominent Cleveland attorney aboard the same aircraft Such cynical philosophy had been accepted for many and wondered aloud if the lawyer were headed for a years, but smart young lawyers no longer even listen vacation. to it. And very few smart old attorneys even bother "Not a bit of it," answered barrister Leon M. Plevin, mouthing such nonsense even among themselves. C-M '57. "It will be a week of work. I am on my way to Veteran Common Pleas Judge Harry Jaffe voiced attend an annual dermatologists' convention so that some opinions about the new directions in courtroom I can observe and hear all of the latest methods and performances. treatments of skin diseases or surgery." "Having served on the bench for more than 20 years," Plevin explained that he had two major malpractice said Judge Jaffe, "I have noticed substantial changes in lawsuits pending in court. He knew from expe rience, the presentation of major personal injury cases by some he said, that the defendants in both cases would be members of the bar. represented by top Cleveland attorneys who would have all of the answers possible in these highly technical court match-ups. "I simply won't be caught short in front of a jury by not being as knowledgeable as possible about my cases," said Plevin. "It wouldn't be fair to my clients." Plevin's action is becoming typical for top trial attor­ neys in Cleveland. During the past few years successful attorneys on both sides of the trial table literally have become specialists in medicine, engineering, corporate structure, banking, or any other field that may lead to a lawsuit against, or for, clients. PLEVIN JUDGE CONNELL Weeks of reading, interviewing, observing and re­ search are requisites in the preparation for a court room "Until a few years back, certain lawyers on both sides battle. Thorough and painstaking preparation most of the trial table attempted to sway or convince a jury often is the key to the success or failure of a lawsuit solely by their loquacious presentation and theatrical today. demeanor. Flamboyant Lawyer Gone "Successful lawyers today do not have to put on a Gone forever are the days of the dramatic and flam­ show. Under the new rules of civil procedure, attorneys boyant attorney who, often successfully, covered a lack now have the right to learn everything about the other of knowledge and preparation by shouted or high­ side of the case by way of discovery and they are com­ sounding phrases to a spellbound jury. pletely prepared. With the present calibre of jurors, in most cases, phy­ "Furthermore, our juries today are more diligent, sical appearance, charm, humor or theatrics are not intelligent and sophisticated. They cannot be swayed enough to win big verdicts, leading attorneys agree. by acting and oratory alone. They no longer will be Until a few years ago, cynical and often successful fooled." trial attorneys had various gems of advice for younger Personal injury specialist Eugene Bleiweiss, a quiet, firm members or aspiring legal acquaintances well met scholarly lawyer, reflects a good comparison between in a bar. This advice went something like this: the highly dramatic attorney of years gone by and to­ "The ability to completely fool il jury is what most day's completely prepared lawyer. often spells success or failure for a trial attorney. Continued on page 20

19 Reporter sees work, not drama • • •

from page 19 Bu~ this juror metamorphosis comes as no surprise Many years ago, Bleiweiss had graduated first in his to two local attorneys who for years have earned large class at Harvard Law School and immediately was asked settlements for their clients in the field of land appro­ into the Cleveland law firm of Harry Payer, then one of priation lawsuits against the State of Ohio. Cleveland's most dramatic, oratorical and successful Attorneys Michael T. Gavin and Eli Manos are land practicing attorneys. appropriation specialists. They say they have always Bleiweiss eventually became head of the law firm and believed that hard work, investigation and preparation his success was lauded by the late Federal Judge James pays off. Their successes seem to prove the point. C. Connell, C-M '18, who said: Preparation is Key "Bleiweiss comes into court extremely well prepared. When he wins, the other side can't appeal because they "Absolute preparation for each and every case is the can find no error in his facts or presentation." only key to our success," explains Gavin. "It is not genius but just hard and thorough work, then more work. The "High drama never was my forte," said Bleiweiss. complete understanding of each case including the phy­ "Even as a young lawyer I never tried to impress a jury sical problems, the economics of the times, and the with anything but facts. future of the property we represent . .. everything is "The calibre of today's juries demands thorough important. knowledge and intelligence from trial attorneys rather "This new trend is good for the law, for justice and than emotional and dramatic appeal. That simply no for the people attorneys represent," said Gavin. "It is longer works." good for everybody and everything. Probate Judge Joseph J. Nahra, another Harvard Law "The jurors today simply cannot, in most cases, be School graduate and former successful trial attorney, fooled by nebulous allegations or verbal manipulations. now is in charge of a court that often deals with such When a lawyer tells a jury something, he then must be highly technical litigation as land appropriation. He, too, fully prepared to prove his point beyond any doubt." has noted the marked change in trial procedures during the big money lawsuits that appear in his court. So, potential jurors be warned. "I now note that juries react adversely to courtroom Come to civil court more prepared for sitting in a theatrics and even witness badgering," observed Judge college classroom than in a box at the burlesque. It will Nahra. be edifying, but not necessarily amusing. "Modern juries want all of what the witnesses have to say and then they want to make their own decisions. Excerpted from The Press, Jan. 18, 1978. They insist upon doing this rather than merely listening Bergen, an award-winning reporter, has been with to what high-powered attorneys have to say." The Press 35 years, the last 20 of them covering courts.

20 Parking program planned

-N-t I

..... w w a: ..... "".s:...... -co

EUCLID AVENUE

ISLANDS OF GREEN GRASS, will be installed as part of the parking lot was a disaster of trees and pedestrian walkways landscaping and as aids for the crumbling asphalt and uneven will grace the new faculty-staff handicapped. The refurbished lot slopes. During the heavy snowfall parking facility. The driveway will feature control gates and im­ the steep entrance chute was cov­ around the back of the law build­ proved security lighting. Work ered with a two-inch thick layer ing will be paved and landscaped. - was to begin in March, closing the of ice, treacherous to both people Wooden posts called "bollards" area until late summer. The old and autos. The new lot will be flat.

21 CLEVELAND-MARSHALL COLLEGE OF LAW NON PROFIT ORGANIZATION U.S. POSTAGE CLEVELAND STATE UNIVERSITY PAID CLEVELAND, OHIO 44115 CLEVELAND, OHIO PERMIT NO. 500

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