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3-1-1988

The Docket, Issue 7, March 1988

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Recommended Citation "The Docket, Issue 7, March 1988" (1988). The Docket. 137. https://digitalcommons.law.villanova.edu/docket/137

This 1987-1988 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Vol. XXIV, No. 7 DOCKETTHE VILLANOVA SCHOOL OF LAW March, 1988 Law Review Symposium

by David Outtrim nesses was therefore considerably an example where the government The twenty-second Annual Law less than in large business. This establishes labor tribunals Which Review Symposium, held on Feb­ research has come to the attention set strict standards for business ruary 27, 1988, addressed the of the government regulators and to follow. problems in applying American attempts have been made to William Kilberg presented the labor law to small business. As is address it in legislation. Small position that the current labor traditional, the topic is a timely business itself, however, has been laws do apply to small businesses, one which is currently receiving vehemently opposed to the exten­ although many statutes provide significant attention in legal sion of any workplace legislation. exceptions for the smallest of circles as well as in regulatory Their numbers make them a more businesses. Federal agencies agencies. effective lobby than even large charged with the enforcement of This year's panel included Dr. business. labor laws are willing to work John Dunlop, who served as Secre­ Dr. Dunlop then addressed with the owners of small busi­ tary of Labor under President some reasons why the problems nesses to iron out the problems Ford and is currently Lamont of small business in the United that develop and even the unions University Professor Emeritus at States are greater than in other consider the size of a business in Harvard University; Dr. Roland countries. Some of the main collective bargaining. Mr. Kilberg Droitsch, Deputy Assistant Secre­ reasoning presented was that presented the proposal that small tary for Policy, United States outside the U.S., employer asso­ businesses should be required to Department of Labor; Daniel ciations take a more active role provide the same employee protec­ Mitchell, Director of Tax and and have greater size and power. tions as big businesses but some­ Photo by David Outtrim Budget Policy for Citizens for a It is easier for a business to how we tend to regulate to excess. Sound Economy; Earl V. Brown, withdraw from an association in Many of the current labor laws Judge Myron Bright, 8th Cir. Jr., Associate General Counsel of the United States than in other are not designed to apply to small the United Mine Workers of Amer­ countries. Also raised was the idea employers. ica; William J. Kilberg, of the law that in the United States, the The idea that America uses the firm of Gibson, Dunn and government has less involvement employment relationship to take Judges Come Back Crutcher; and was moderated by in business than in other coun­ (Continued on page 8) Professor Henry H. Perritt, Jr. of tries. Australia was presented as Villanova Law School. Each of the to Law School panelists presented a paper and at Under the auspices of an anon­ take you in the direction of a the conclusion of the presenta­ ymous donor. Dean Steven Fran- compelled decision, but it's not tions, Professor Perritt presented kino invited three appeals court like that at all. You've still got to the group with a hypothetical judges to VLS for a week-long hit some very different buttons situation for discussion. Jurists-in-Residence program this v/itV\ some verv d\i{ereTvt iviAaee. " Dr. Dunlop spoke on a subject . month to give students first-hand Judge Bright, renowned for his i entitled "Is Small Beautiful at insight into judicial decision­ dissenting opinion in the land­ the Workplace?" He presented making. mark case of Kroger v. Owen research which demonstrated The jurists — Myron Bright of Equipment which was reversed that wages are generally tied to the Eighth Circuit, Edward by the U.S. Supreme Court, met the size of a business, with the Becker of the Third Circuit and with both first-year Contracts smallest businesses paying the Phyllis Beck of the Superior Court classes, as well as- the morning lowest wages, as are benefits and of Pennsylvania — attended and Evidence and afternoon Legal worker safety. Accidents and took part in class sessions. They Professions classes. Judge Becker illness among employees of small also held general discussions on met with Constitutional Law, businesses were significantly areas of special interest, demon­ Civil Procedure and Criminal Law higher than for large business. strated trial and appellate advo­ classes. Coupled with this is the extremely cacy tecniques, and met with , Both circuit judges presented a high failure rate for small busi­ students informally. question-and-answef" program on ness. Statistics show that forty "It's an opportunity for stu­ the business of judging that was percent of the business failures in dents to interact with senior open to all students. Also, along 1986 were of businesses which Photo by David Outtrim judges on a level other than as with Judge Beck, they demon­ had been in business less than advocates," Dean Frankino strated the process of judicial three years and fifty-five percent Prof. Perritt with Labor Experts on Law Review PaneL jxplained. "It's a rare chance to decision-making on an oral argu­ of the small businesses started hear how decisions are made right ment presented by two Moot died within five years.Job security from the horse's mouth." Court Board advocates Patricia among employees of small busi- Frankino said the program, Kelly and Myfanwy Phillips. which is funded through 1990, Judge Bright and his former law Suburban Square: will teach students a lot about clerk, Paul Risko, a VLS '82 judging and the nature of judges graduate practicing in New York themselves. "It's a very human City, also conducted a discussion The Inside Story process," he observed. "Most law of the process of applying for and Inside this students think that the law will serving in a judicial clerkship. by Walter Lucas employees. One 3L said he pur­ Unless you've been on another posely went to the scene before Issue . . . planet the past few months, hours to witness first-hand the you've probably heard high-strung mall's maintenance operations. 3Ls ranting and raving about Another said he actually inter­ the DOCKET U.S. POSTAGE what really happened at Suburban viewed a real-live Carl Baran, the VILLANOVA LAW SCHOOL PAID Square. This year's trial practice maintenance man who testified VILLANOVA, PA. 19085 Villanova, Pa. New Profs 5: problem, a slip-and-fall at the for Suburban Square. Permit No. 5 I resplendant outdoor shopping Packel, who co-authored the mall in Ardmore, elicited curiosity trial advocacy text along with Non-Prolil Organixatioh outside the law school as well Adjunct Professor Dolores Spina, when nearly 100 teams descended said one of the main criteria for Alternatives 6 upon the scene of the accident. drafting a trial practice problem Professor Leonard Packel, who is that the relevant incident occur drafted the problem, drew some in a local setting so student stares himself when he spent a practitioners can go to the scene summer's day in the mall's plaza and get a sense of creating evi­ Inquiring drawing a diagram of the site in dence — photographs, diagrams, question. etc. — like their real-life counterparts. Photographer ...7 "I was approached by some Suburban Square employees who "I remember one year when we wanted to know what I was placed an incident at a local doing," Packel said. "They were sweater shop and students spent relieved when I told them I was so much time there that a lot of constructing a diagram for a them actually wound up buying Sports .8 hypothetical lawsuit against the sweaters," Packel recalled. One mall." time, however, some students Students, likewise, attracted lots of attention from mall {Continued on page 8) Page 2 • THE DOCKET • March, 1988 Nobody Came EDITORIAL' What if the Law Review held a Symposium and nobody came? Well, it did and they didn't. In fact, the turnout for this year's panel discussion on whether American labor law should be applied to small business Requiem for the convention either. (Incidentally, either extreme. This group is, was so small it could have fit inside a Mom-and-Pop corner American electoral system: the identification of voting blocs after all, fairly sizable, though it's store. Aside from law review members, who must attend, A1 Gore could just as easily be in terms of racial characteristics nowhere nearly as populous as the ' a scant dozen, or so students came out for what was an a Republican as a Democrat; his is increasingly misplaced because New York Times or network otherwise interesting symposium. It was downright party affiliation is a mere accident of the growing numbers of minor­ television would have one believe. embarrassing for our school, let alone a waste in terms of Southern birth. Conversely, the ities in the middle and upper- The more fundamental problem is same is true of Bob Dole — listen middle classes who share political that the attempt to capture the of a missed learning opportunity. Granted, many of us to his populist rhetoric and concerns with their white coun­ middle class vote structures the have other weekend time commitments — academic, observe the tailoring of his clothes. terparts to a much greater extent entire political debate and limits family, work and otherwise — but there are some 700 Reagan's personal charm, as it than they do with the urban poor its vocabulary. No one need students attending this law school. And we hazard to was enhanced by a commercial of the same racial groups. More address groups at the more guess that at least 100 of them have taken one of the press bored with the role of the significantly, such informational extreme ends of the spectrum, country's conscience, no doubt did distinctions based on race serve most especially the poor, who several Labor Law courses offered here. So it's not a a great deal to break down the only to perpetuate the racial can't purchase their candidates matter of an uninteresting topic. To be sure, some took demarcation between the GOP apprehension of individuals. I quite as effectively as can the rich. Labor Law as a lark; others to fulfill a category and the Democratic Party. But the only use the example of the black (I guarantee you they wouldn't be requirement. But surely more than the few who showed Reagan era is only the culmination vote because I am here concerned poor if they could.) up that rainy Saturday afternoon are genuinely interested of a process by which both parties with common perceptions which Many issues can be completely are attempting to appear more shape and sabotage American ignored because they pertain to in the field. Not to mention those of us who haven't taken centrist, further spawning the political "life.") groups whose vote is virtually Labor Law but are interested nonetheless. Especially homogenization of American pol­ Republicans can count on the assured by the two-party machin­ tragic, though, is that only four faculty members turned itical life. vote of the highest income ery. Other issues can be effectively out for the symposium. Some role models. We've seen The reasons aren't complicated, brackets because the rich have obscured by raising the specter of more than that at many of the "wine-and-cheeses." just simple game theory. One need purchased the Republican party having it the other way, as if there only employ two assumptions to and its candidates in a way which were only two choices, which, in set the game in motion. First, the poor could never afford to do. effect, there are. One votes for a Caste System Americans vote their pocketbooks. Note that Republican hopefuls package deal not unlike the omni­ This is the essence of American don't have funding problems bus spending packages; even the As students we naturally accord respect and some capitalism. Carter's biggest mis­ • which are endemic to Democratic simpleton who sleeps behind the deference to our instructors, even to those who do httle take was his failure to realize that campaigns. Actually, Robertson's desk in the Oval Office understood to earn it. But some of our colleagues — and professors a good dose of short-term economic biggest fund-raising dilemma was that he was being deprived of a alike — show little of that respect to school staffers, many success, more than rational long- whether to accept contributions meaningful choice the last time term planning, is necessary to over the limit above which he around. of whom do much to earn it. We're talking about the keep the voters happy, at least would have to forego matching With the exception of Jackson, secretaries, the librarians, the janitors and the cafeteria until sophisticated economic pol­ funds. no one has attempted to remove help. On a few occasions this year, students have been icies have had a chance to bear To appear more god-like, poli­ himself (I use the pronoun because heard to be rude to school staffers. More often than that, fruit during the second term. ticians create themselves in the I'm unaware of any women can­ students downright ignore them: looking past them in Carter's policies came to fruition image of their perceived consti­ didates) very far from the charmed in time for Reagan to take the tuencies. But to garner more center. We've already seen that the halls and cafeteria, or interrupting their conversations. credit. Which is why I'd almost votes, they create themselves in Jackson will never get the nom­ Perhaps our periodic loss of manners is a reaction to being like to see Bush win and the the image of the undecided, gener­ ination — even though, or precise­ berated ourselves by those we perceive to be in a superior Republicans reap what they've ally denizens of middle-class ly because, he's the only candidate position to us. Indeed, some of our mentors are notorious sown. Second, there is at present America. Resources are less prof­ who couldn't just as easily be a no viable party or candidate itably allocated in preaching to the Republican of one sort or another. for their brusque treatment of subordinates. That may outside the two-party system. The converted, and politicians are At any rate, even Jackson has explain, but it in no way justifies, our like treatment. two parties have carefully rigged above all pragmaticians. When taken the futile plunge into the Conversely, some school staffers have been known to be the entire electoral system to the final race is'certain to involve compromising mainstream; lately, a bit curt with us. It's onjy naturaHqr them to have assure that, absent revolution in only two contestants, neither he has been on an anti-drug some antipatny toTtIiF3rMi3OT^^ student ihorister. But th^ Streets; one won't arise in the parfy'Win choose a candidate wh©-'yjcriisad®^^ whieh< must give us a chance to shatter that stereotype ... starting foreseeable future. can't appeal to the middle ground. Nancy blush. The Democrats routinely count Today, the popular buzzword for Requiem for law as an right now. Neither of us have horns, just egos that are on the support of the lowest this phenomenon is electability, academic discipline: constantly tested. socioeconomic classes because the which obscures racism, sexism, I know that this newspaper's present alternative, the GOP, and a host of other -isms still very editorial policy has always been hasn't manifested any particular much a part of middle class to encourage the development of More Than Just Instructors concern for the problems of the culture, as it adequately describes clinicals, that the word on the poor. It is said, in this instance, the real greying of American streets is that Villanova is a good The professor-student relationship at any school — that blacks are the most loyal politics. bread-and-butter law school, and but especially law school — smacks of a symbiotic one; Democrats; which is precisely It's not merely that candidates that many students here prefer captor and captive, host and hostage. We rely on our why the Democratic party hasn't choose to appeal to those who working to attending classes. Of instructors for our very survival. We instinctively want gone to extraordinary lengths to consider themselves centrist, or course, there's not much hope to trust them to guide us through this thicket of the law. court the so-called black vote and who find that their socioeconomic that Villanova will develop a more won't do so during this year's aspirations are not fully served by It's a blind faith to be sure, but one that some instructors (Continued on page 3) are better able to instill than others. Those professors are more than just instructors; they are mentors. While some of their colleagues are content to go through the motions, they somehow manage to muster energy and enthusiasm for teaching the same material year after year. They make a constant effort to keep their syllabi current, in touch with changes in the real legal world. Yet they aren't married to those syllabi. They invite questions and, and just as importantly, comments before pushing ahead to the next section. They are flexible — and competent BOARD OF EDITORS — enough to be able to "catch up" in later sections. Their vision of the world isn't so proscribed by black-letter law Editors-in-Chief in the vacuum of textbook pages that they are seemingly Amelia McGovem oblivious to how that law is playing out on the news pages. Walter Lucas Nor do they see their task as limited to the teaching of substantive law. Some incorporate lawyering skills into Business Manager Copy Editor their lessons; others, questions of ethical responsibility. Susan Jacobucci John Grisham Likewise, they are loath to "leave it to" another course Photo Editor News Editor to teach us the interplay between different fields of law; John Gambescia Maureen i^urphy for example, Family Law and Conflicts, or Constitutional Law and Federal Courts. Outside the classroom, our Staff: Joseph Garland, Nancy Jardini, Judy McClenning, Marie Sambor, Lois mentors find the time to get to know us as people — Schwagerl, David Outtrim, Jessica Conley, Suzanne Cosentino, Steve Finkel, and treat us as colleagues, not subordinates. The doors Alison Forristal, Michael Jones, Lisa Kmiec, Jamie Shelier, Christina M. to their offices are truly open. Once inside, they help Valente, John Renner, John Bravacos, Scott A. Cronin. reticent or just plain befuddled students formulate the kinds of questions whose answers will be instructive and The Docket is published monthly by the students of Villanova University relevant. And they encourage students to ask as many School of Law, Villanova, Pa. 19085. Second-class postage paid, permit no. 5, Villanova, Pennsylvania 19085. Letters and articles are welcome from questions as it takes until they're clear on a point of law; students, faculty, alumni and the community. Paid advertisements are also or to test out their own views. Mentors recognize the accepted. The Docket is distributed free to all current students, faculty and value of perspectives many VLS students bring from the administrators. Alumni who wish to receive The Docket by mail should notify working world, and are able to build a legal framework The Docket office at the above address. on that perspective. Finally, mentors view their positions here as a vocation, not just a job. And they impart lessons Faculty Advisor to us as if we are pursuing our futures with the same Prof. John Gannon fervor. They realize that the law is more than just a body of knowledge. It's our calling, too. March, 1988* THE DOCKET • Page 3 OP-ED Driving Ambition By Jonathan Pierce little Preludes and Supras (was Undue Process; I was riding the comitiuter train there ever a Toyota Infra?). Keep in from Jersey, watching the cars moving. I drove over to a new on the Ben Franklin Bridge pack­ smell-the-carpeting office building ing their way into the city. Icy- dominated by an extension office, grey drizzle coupled up with one of those Center City firms Ask Judge Womper Philadelphia's painful mess looking for expansion business in alleged to be highway improve­ the office building boom in Voor- ment made me happy to be on the hees and Evesham Townships. Everyone knowsJudge Womper, Imperial Poobah," but I think that the giant in a room and escape the train. Ah but sooner or later, I'd More Jaguars, usually the four- the famous retired judge who was what they called the leader castle, and chop down the bean­ wind up in a future traffic jam door versions in traditional British conducts his famous "Courtroom of the Water Buffalo Lodge in The stalk while the giant is climbing on the way to work somewhere. Racing Green. Along with the for the Deaf," broadcast live every Flintstones. down after me, causing him to I scanned the cars alongside the Jags, and the de rigeur sampling day on radio stations all over the — Straight Shooter plunge to his horrible death (and train, and singled out a smoky of German sedans, were the more country. Judge Womper has Dear Straights, creating a hole the size of Newark, blue Mercedes — inching along on curious specimens of automotive agreed to do a special column for That is what they used to call New Jersey in my backyard). the downstroke of the bridge, just enthusiasm — the military-bred, us, advising people who write in the leader of the Water Buffalo Unfortunately, the giant's lawyer as the rusty Dodge was in front full-dress country Cadillac, on their legal affairs, and we have Lodge in The Flintstones. It will and the castle security came down of it. I could see a sort of democracy a/k/a the Jeep Cherokee. The agreed to destroy the negatives. do quite nicely. in a police helicopter shortly at work here, with all cars equal Cherokee line showed up in most The people writing these letters Dear Judge, thereafter, got a positive make on in the backup, but I'd sooner be professional building lots; on a are not paid authors, but ordinary What would you say to open a me, and now they're making more equal than others and drive practicality continuum this one is people with ordinary problems, court case which attempts to noises like I'm going to do some the Mercedes. Of course I was hard to plot. At one time a utility just like you. That's right, they reconcile a dispute between two hard time in the big house (and presuming that I'd have the desire design. Jeeps have perhaps become are not fascinating phony charac­ parties, each controlling separate I do mean 'big house' — it's the and the ability, within the next the ultimate luxury statement, as ters with interesting fictitious accounts formed exclusively with cell wing of the enormous castle). two or three lifetimes, to actually an all-weather station wagon used problems, but actual flesh-and- the profits from boxspring What do they have on me, realis­ acquire a car worth as much as mainly by solo drivers who never blood human beings with every­ manufacturers? tically? Give it to me straight — some developing nations. go down a dirt road. Statement day problems, average Joes coming — Lee Beloved I don't want to hear any fairy to us with hat in hand, begging Dear Lee Beloved, tales. for a shred of guidance in their We are gathered here today to — Jack completely mundane lives which join this couple in wholely mat­ Dear Jack, are weighed down with their tress money. It sounds like at the very least boring penny-ante concerns and Dear Judge, you're on the hook for trespassing, Are certain cars obvious markers for picayune personal affairs that no Here's my problem. I was walk­ breaking and entering, theft of one who matters give a tinker's ing along, minding my own busi­ harp, goose and eggs, false impri­ attorneys, like that incredibly cuss about, just like you. They ness, when this guy comes up to sonment, aiding and abetting a are insignificant little fleshy me and offers me three magic fugitive musical instrument, successful guy on the TV show with dustballs of sweaty confusion, beans in exchangefor my mother's importing livestock without a whose only contribution to the cow. Being simple-minded, I said license, either voluntary mans­ the white Porsche? world is what they leave the food sure, why not? Being simple- laughter or even murder one chain if they're not cremated. I minded is not as easy as you might (admit it, you certainly had the don't know why we bother with think; sometimes the precedent motive, goose-egg-breath), and, them. So to everyone who wrote, gets pretty tough to follow. Any­ most heinously, growing a bean­ thanks for those letters! We'll try how, to make a long story short, stalk within city limits. I'd recom­ Maybe the driver in the Mer­ cars run to excess, either to to get to as many as we can 'cause my mother throws the beans out mend that, you plead simple- cedes was in fact a lawyer. Or plushness (remember the Red we know how important it is to the window, a gigantic beanstalk mindedness. It's not much, but maybe she was a loan officer for Rolls?) or to performance, like a you. grows in the backyard, I climb it you do have a pretty good track the bank that set up the financing Corvette or even a nifty MR-2 that Dear Judge, and enter an enormous castle, record. Considering the Grimm for the driver of the beaten-up can go like a methedrine bat. A When I go to court, how should where a giant chases me, I find nature of the case, I will handle Dodge who had just graduated Jeep does neither, yet still comes I address the judge? My wife says and steal a singing harp and a your defense personally, but it's from Jaw school. Well — which in as something of a measure of I should call him "The Grand goose that lays golden eggs, lock (Continued on page 4) was which? Who gets what with unused excess. a law degree? Are certain cars Christina's obvious markers for attorneys, Right-but on to another survey like that incredibly successful guy site, and up to Haddonfield. Lots World on the television show with the of nice big old houses, a quaint buttoned-down community with Making An Effort (Continued from page 2) beachfront home and the white scholarly reputation when the Porsche? I couldn't come up with cars to match. On Haddon Avenue by Lisa Kmiec I found a mid-sized firm, the lot edge that the killing is someone editors of the law review feel it an answer by simply looking at Remember the days when peo­ else's problem and someone else necessary to compel staff a traffic jam, but the interest was packed with careful cars, Volvos and Camrys, with a couple of ple had a personal philosophy? Not will handle it? members to attend the review's there, so I thought about how to the label of an organized religion, After all, we've got cases to annual symposium by making the discover who drove what. smaller BMW's — no need to sort out the clients here, with everyone a political persuasion, or a social read, briefs to write, and exams award of editorships contingent Nothing to it. Just go through standing, but an individual ideol­ to lose sleep over, right? upon one's physical presence Martindale-Hubbell, locate all the in the same practicality groove in this not-too-thrilling or excessive ogy based on combinations of Right. Sort of. there. Not the sort of criterion I attorneys and firms in Philadel­ religious, political, and social It's not that everyone has to be would employ were I staffing a phia and South Jersey, and direct- place. Like the town, the cars seemed to be part of a giant conditions and experiences. These a superactivist who sacrifices scholarly journal. But then, neith­ mail survey forms to ... well, ah were ideologies that guided daily career and success for the sake of er would I rely upon grades given maybe after my brief is done for library, a place to work and browse quietly. living as well as long-term goals a cause. Nor must everyone be in out by those professors who that idea. Maybe stand by the toll and ambitions. Seems as if they've agreement on the liberal- apparently favor regurgitation booths in Camden, and ask the Well, what will we drive? I see gone the way of fishnet stockings conservative spectrum. But what over independent thinking. drivers of all the nice cars what myself.. .well, I want a lot of kids and nehru jackets. (Remember there is, is an overabundance of The abysmal attendance at the they do for a living, while thou­ and a St. Bernard, so I'll need a those??) While its conceivable that people who pick and choose con­ 1988 law review symposium sands of drivers behind them go bus (hee heel). Some innovative changing times have facilitated a venient issues and then only take would lead one to believe it was blind with rage waiting to get on stuff is being developed at present, more narrow focus, many people stands on those issues when it's a well-kept secret, even among the bridge. No? How about another here and abroad, and it should be have become so nearsighted that safe and popular to do so. What members of the review — our approach — find a law firm and available about the time we start anything beyond the safe confines we need is people who run their academic elite — several of whom walk around the parking lot with making enough money to stay in of their own four walls has faded lives, daily and long-run, along a actually forewent their opportun­ a clipboard, surveying the debt. In a word, it's computers, into a meaningless blur. continuum of compatible princi­ ity to display board status on their vehicles. in design, testing, production, and This isn't a preachy, moralizing ples and values. resumes. One would have thought Three studies in bad craziness, the products themselves. On­ members of the faculty would especially the one about cruising board computers will "read" what have demonstrated a little more around the parking lot casing out the car is doing, right down to solidarity, too — at the very least the cars. Imagine having to put when the kids and the dog need an insincere appearance might on my best Jimmy Olsen cub- to make a pit stop. Seriously, the '^If you dont feel it, don h say it. have been in order where one of reporter look; "No officer, I really car will be able to sense road their own was actively involved am in law school, and ..." Still, speed, pavement conditions, veh­ and where the event was staged I did take a drive last week on the icle loading, and a fistful of other by the academic society whose way home from the speedline stop, variables, analyze them, and piece about how hippies have sold If you're conservative, be con­ membership they determine. Giv­ and took a benign rolling survey make adjustments while going out to the Almighty Dollar. It's servative. Don't meet a cute en the lack of interest by the of a few law firm parking lots. I down the road. Imagine a happy- about how many young people, liberal and cough up half-hearted groups who have the greatest still had to separate the sheep hour conversation as some whip- not even of voting age in the '60's, pity for the homeless. stake in the event, it's not sur­ from the goats, if you will, as I smart associate gobbles nickel feel that their actions have no If you're liberal, be liberal. prising that the bottom 90 percent had to guess which belonged to olives and announces that their effect on anyone outside their own Don't justify defense spending of us failed to shovv up in droves. lawyers and which to clients. new Nissan has "all the best narrow world. because it's chic to do so. If you I won't bore you with the Perhaps the shrewd lawyers drove chips." Assuming the world econ­ How many young people decry don't feel it, don't say it. details, except to say that nothing the beaters, and had clients with omy doesn't go down the drain, the horrors in South Africa, but Little efforts do count. Buy one much has changed since the Irish big-ticket cars. I could have gone we might just be able to afford all have never written an elected product instead of another. Dis­ speakers appeared earlier this on second-guessing all year, so on this technology without having to official or participated in a dem­ cuss some politics for a change. year, in case any of you were with it. marry into the family of an OPEC onstration? How many have Maybe even (gasp!) vote. Most of worried. The first place I went was in minister. I'd like to be more bought certain products without all, think. Think about the role On a higher note: Cherry Hill. Two dozen autos by specific and which two or three even thinking about the millions you play in society and how you By the time this issue hits the the firm's building, and at one end models will be on the rising curl those companies make on invest­ would like to affect your own halls, Gilbert and Sullivan will of asphalt — zang! — a red Rolls of the wave in about four or five ments in that country? (Coke, world and beyond. This personal have hit the VLS stage. Congrat­ convertible, bearing a license years, but I can't. I do know that Reebok, etc.) philosophy will be more than ulations and thanks to Nancy plate that said "Lucky 7." The mere luxury or speed won't make How many people cringe upon entertaining at cocktail parties. It Schultz and participants in Trial two or three Jaguars nearby it. Bragging rights, instead, will reading of continued killing in will provide a structure for by Jury for having enriched cul­ looked out-of-place and shabby. probably go to the cars with the Northern Ireland and the Gaza decision-making and give the tural life at the law school. Let's Readjusting my eyes, I noticed a best and most black boxes. Strip, then turn happily to the depth of meaning to those hope this is an annual tradition dozen or so Japanese cars, nice Except for that red Rolls. comics, satisfied with the knowl- decisions. for a long time. Page 4 • THE DOCKET • March, 1988 OP-ED Undue flossed your teeth, and satisfied your every need (once on our Process honeymoon, once each for Junior THE PAPER CHASE and Buffette and once when you (Continued from page 3) thought I was asleep when we by Walter Lucas going to cost yqu, say, a dozen visited the '64 New York World's eggs. And I don't want to hear you Fair) — that woman has had Washington this month was the right here at home. A black man al hardship. I urged him to do so harping about it, or I'll spill the enough of your ignoring her, scene of the biggest wave of in Florida professed his innocence because silence, I reminded him, beans and your goose will be enough of your resting ashtrays investigations and indictments all the way to the electric chair is consent. No letter came. He cooked. on her shoulders, enough of your since Watergate, yet nobody this month, while white murder­ didn't "have the time" to write insistence on her wearing the appeared worried. "It'll all blow ers — some who have admitted one. camouflage and standing in the over in a few days, maybe weeks," their crime — are marking time I'm tempted to say that he Dear Judge Womper, planter whenever any of your one Capitol-watcher assured a until they're eligible for parole. "chose" silence. But that would What do the Glenn Close role damn lawyer friends came to the newspaper reporter the day Bud Some people balked, but the vast be giving credit for effort where in Fatal Attraction and John house, enough of your mother McFarlane copped his plea with majority either looked the other credit isn't due. It is much easier Houseman with a cold have in referring to her as 'Occupant,' one of three special prosecutors way or didn't look at all. Many to accept than to choose. Soon it common? enough of you changing the door burning the midnight oil on The in the latter group have convinced becomes so easy that some people — Bom Mishugina locks whenever I get hold of a key, Hill these days. He's right, of themselves that it is pointless to give up the quest to understand, Dean Born Mish, enough of your pompous vacuous course. get involved with the capital to question, to figure out what is They bake bunny the old- posturing and humiliation that I Why? Because we are living in punishment issue, or any other right and what is wrong. And the fashioned way: they burn it. have endured for thirty years. an era of tolerance, when every­ that requires too much of an beat goes on. Imagine ... thirty years and you thing does seem to just "blow effort. Earlier this semester, the never even told me your first over." Case in point: the demise of faculty recruitment committee Dear Judge Womper, name! Enough is enough! When Only in America do we tolerate participatory democracy. It is invited students to meet with I am a Scorpio, with Capricorn you get home tonight, I won't be an Attorney General — the top more than mere coincidence that candidates for two vacant posi­ in cusp and spilling over out onto there to greet you. And don't even law enforcement officer in the the U.S. remains dead last among tions. Only a handful showed up my skirt. I recently met a Pisces try to appeal to me! country — who himself is being industrialized democracies in for the first few "meetings," and with Leo in the House of Pancakes. — A Hundred Terminal investigated by special prosecu­ voter participation. When barely they were mainly underclassmen. My boyfriend is a Gemini with a Illnesses Upon You tors in at least two cases. In any half of the people participate, At least two 3L students who bad Moon rising. I've been getting Dear Hun. Ter., other purportedly civilized coun­ what effect does this have on the declined invitations said they did tanked after work with the Pisces, My first name /s Judge. try, a man in such a position behavior of a democratic govern­ so because they were leaving the but I think my boyfriend is start­ would either step aside voluntarily ment that relies on elections as law school and didn't see how ing to suspect there's something pending resolution of the charges the primary means of assuring their input could make a differ­ fishy going on. I have also started That's about all the room we against him or would be ordered that the "governors" attend to the ence. (Translation: It wouldn't seeing a dispassionate Virgo with have for letters today, folks. To make a difference that would Mercury descending. I'm thinking those of you whose letters the directly affect them, so why of dumping all of them for a judge didn't get to, let that be a you want peace, bother?) One added that she didn't mysterious pair of Arieses (Ariei?) legal lesson to you. Perhaps next have the time, anyway. with Porsches in the parking lot. time, throw something in the work for justice. The morning after the Illinois And now Leo wants me for his envelope to give it a little more primary, a colleague remarked main squeeze. What should I do? weight, maybe something histor­ to do so by the chief executive — view of the "governed?" What that thousands of people wasted — Crossing My Fingers ical, bearing the portrait of a under the rubric of "where there's does it imply about the legitimacy their votes on Jesse Jackson — Dear Crossing, former president. The judge says smoke, there might appear to be of a government that "derives its "not because he's a poor candi­ Read about yourself in Garey his favorite presidents are Grant fire." Ed Meese need do neither. just powers from the consent of date, but because he is not elec­ High Social. and money orders. To those of you He enjoys the "complete confi­ the governed?" Nothing good. table." In fact, he would vote for whose letters the judge answered, dence" of his boss, who casually The proffered reasons for not Jackson if he thought his vote the judge just wants you to know dismisses the investigations as participating stem from a decreas­ would "count." I tried to assure Dear Judge Womper, that he appreciates the opportun­ "lynch mob" tactics. ing sense of civic responsibility, him that his vote counts no matter The other day in the Enquirer, ity to consider your problem, finds loss of faith in the institution of who he votes for. The point is to I read that you don't ever Shepard- your faith in him rewarding, and Only in America do we tolerate is in no way liable for anything a Supreme Court that rules, government, and a feeling of vote, to make the effort. In a ize cases, instead only praying impotence in an era in which "we, democracy where so few people that the cases you use as precedent that happens as a result of his properly, that the First Amend­ advice, offering it only as a means ment allows Larry Flynt to defame the people," seem further and do, his one vote — or, at the very haven't been overruled. As a legal further removed from the main- least, his mere act of voting — just secretary who spends upwards of of filling a newspaper column. a clergyman and his dead mother Any re »uiuii»e!.iwawwwwBww . that 4jay Shepardizing is supposed to be "for the people." make his favorite candidate elec­ cases, how can you, a big shot living and dead is purely comod Amendment protection when they ental (although you may notice an want to write about divorce and If a near majority can't even table. At that point he remem- judge, get away with this? — Research Ailment incredible amount of resemblance teenage pregnancy in their high between living and dead around school newspaper. Dear Ailment, It is much easier to accept The Lord is my Shepard's. finals time) and if you try to sue, About the only thing we don't the judge has a team of crack tolerate is intolerance; the faint than to choose. lawyers who know the law better murmur of rock-the-boat mental­ than any representation you'll ity that every once in a very long make an effort to pull a lever, how bered that he hadn't made provi­ Dear Judge Womper, ever get (judging from where you while manages to rear its ugly can we expect them to muster any sions in time for voting by When you get home from your go to get advice). And remember, head. Self-proclaimed protectors conviction for something more absentee ballot anyway. beloved courtroom tonight, you as Judge Womper reminds his of the status quo are so unused drastic — like work for social There is a hunger on the part may notice something different. listeners at the close of every to such pesky intolerance that change? of lawyers to once again be proud The woman who, for the past show: Never pass judgment on they are quick to smite it down St. Paul said: "If you want of our profession — all that it is thirty years, has cooked your other people — let Judge Womper without addressing the underly­ peace, work for justice." Conver­ and all that it can be. That hunger meals, washed your clothes do it for you. ing issue. "You don't really sely, he might have said; If you can be nourished with change, (especially those darn mayonnaise believe," they ask almost indig­ want the status quo, don't work instead of merely fed with denial stains you keep getting on your nantly, "that there's [pick one: for anything. Just sit on your or sated with rhetoric about our black robes which take a lot of Disclaimer: the people who get poverty, discrimination, injustice] hands and kvetch when one of the perfection. We owe it to our scrubbing to get completely out), advice from Judge Womper are in the world, do you?" world's litany of injustices profession and to ourselves to cared for you when sick, cleaned professional idiots. Children should Toleration in of itself is not touches home. Keeping our horiz­ shape this institution which your house, raised your children not try getting advice from Judge necessarily bad. Especially if it is ons limited to the first person is shapes us, to leave it better than (our lovely daughter Buffette and Womper without parental a well thought-out social policy not only self-serving, it's ineffi­ it was when we entered it. son, little Judge Womper, Jr.), supervision. that we strive to achieve in some cient. Why not work to prevent Many of us graduating will owe calculating fashion. But what the problem from happening in money to the government or the troubles me is that we seem to the first place? Or at least prevent bank, or even our parents. And we tolerate by default. it from happening again? expect to start paying our debts Ours is not a nation plagued by In the past month, for example, as soon as we're situated in our Moot Court introspection. Witness our mil­ I've heard classmates voice out­ first jobs. But all of us owe an even itary and financial support for rage over the almost complete lack greater debt to our society and to Nicaraguans being oppressed by of effort by VLS in advising — let our profession. We who are about Road Show Winners a Communist government on the alone helping — us with register­ to become lawyers would do well to reflect on this civic debt while one hand, and on the other our ing for the bar exams. Another Villanova Law School was The Moot Court Board is also we still have th6 time to think mere lip-service expression of colleague vowed (for at least the judged to have the best brief at pleased to announce that the team about what kind of values we opposition to blacks being third time in three years) to write the Telecommunications Moot of Walter Lucas and Thomas want to dedicate our careers oppressed by the government in a letter to this newspaper about Court competition held in San Hughes has advanced to the final around, and the freedom to choose South Africa. Witness also how some school policy — or lack Diego on March 11-13. round of the MERNA MARSHALL easily we rationalize injustice thereof — that caused him person- them. Bill Martin and Kathy Shea, MOOT COURT COMPETITION. both 3LS, and Bob Maxwell, a 2- L, represented the Villanova Moot The Finals will be held on April Court Board. The team advanced 7,1988 in the Third Circuit Court to the semi-final round. They of Appeals, Courtroom #1, 21st were awarded Best Brief in the floor, 5th & Market Streets. competition on March 13. Villanova is Petitioner in a case The problem for the competition involving the power of an Inde­ was the legality of permitting pendent Counsel appointed under subscriptions to a telephone sys­ the Ethics in Government Act and tem, permitting certain calls to be involving the question of whether blocked and allowing the sub­ the records custodian of a corpo­ scriber to see the name and phone ration may properly plead the number of the blocked party. Both Fifth Amendment when called FCC regulatory powers and pri­ upon to produce corporate records vacy issues were involved. before a grand jury. The National Telecommunica­ tions competition is sponsored by The Merna Marshall Moot the Al Simon Center for Telecom­ Court Competition is sponsored munications Law at the California by the Philadelphia Chapter of the Western School of Law. Federal Bar Association. March, 1988* THE DOCKET • Page 5 FEATURES Meet New Prof. After a nationwide search of to get as a junior associate in a litigated a wide variety of novel scores of candidates — a half dozen large law firm, I joined the Civil cases, but as a busy government of whom were invited back to VLS Division of the U.S. Department litigator, I've never had the luxury — the Faculty Recruitment Com­ of Justice as a trial attorney in of taking time to reflect on issues mittee is pleased to announce that 1983.1 was assigned to the Federal that particularly interested me — Catherine Lanctot will become the Programs Branch, which repres­ there was always another brief to law school's newest professor. ents over 100 federal agencies in write or another deposition to She replaces Charles Martin, a wide range of litigation, and I've defend. I felt that teaching would who left last year for a government been with the Branch ever since. give me an opportunity to explore agency position. Ironically, Profes­ In October of 1987, I was pro­ areas of the law that particularly sor Lanctot is leaving government moted to my current position of interested me. to embark on a teaching career. Assistant Branch Director for Here she is, up close and personal: Government Information in the Q. What attracted you to Q. Tell us a little about Civil Division. In that position, I Villanova? yourself — where you're from, oversee all litigation in cases A. I knew that Villanova had a schooling, work experience, involving access to government personal data, etc. fine reputation, and I was very information (i.e.. Freedom of impressed with the school when A. I'm originally from Woon- Information Act, Privacy Act, I visited it this past winter. Not socket, Rhode Island. I graduated Federal Advisory Committee Act, only are the faculty and students Prof. Henry Perritt from Brown magna cum laude third party subpoenas to the of extremely high quality, but I University in 1978, with a B.A. government, and other miscel­ also sensed a collegiality that is degree in history. I'm a 1981 cum laneous issues). not always present at law schools. ^aduate of Georgetown New Computer Course laude Q. What attracted you to I'm an alumna of a much larger University Law Center, where I teaching law? urban law school where there was by Scott A. Cronin For the most part the course is was a Case and Notes Editor for A. I've enjoyed working with Computer Applications in conducted like any foreign lan­ little sense of community, and I the Law, one of the new and guage class with Prof. Perritt as didn't always find that experience experimental courses being interpreter/instructor. When to be enjoyable, so Villanova's size offered this semester, is taught by learning "computerese," one must and its location were very attrac­ Prof. Perritt. "The main goal of become familiar with various tive to me. I should add that as the course is to enhance computer dialects, or languages as they are a college basketball fan, I'm literacy," remarked Prof. Perritt. called in the computer vernacular. particularly delighted to be joining This goal is accomplished with a At first, this may seem a difficult another Big East school (even unique classroom set-up — a task, but, according to Prof. though it did beat my alma mater computer whose screen is mount­ Perritt, "In this class, there is no in the championship game a few ed on an overhead projector. The such thing as being embarrassed • years ago). first few classes are designed to for asking too simple a question." acquaint the student with the Even if you are fluent in "com­ Q. What areas of law inter­ computer, its software, and other puterese," you may find that the est you most? material. The rest of the semester computer will more than occasion- A. As a result of my practice, I'm very interested in constitu­ tional law, and particularly in issues relating to separation of powers among the three branches "The main goal of the course is to enhance of government and division of computer literacy." powers between the federal govern­ ment and the states. Contrary to my view in law school, after years of practice in federal court I've s^^veloped quite aa interestiadviL. is devoted to computer applica­ ally get out of control [which procedure and administrative tions in legal writing, analysis, happens often in class]. One need law. I also find the area of employ­ information retrieval, and intelli­ not despair, however, "the ulti­ ment discrimination to be partic­ gent legal systems. mate way to regain control of the ularly challenging. computer," states Perritt, "is to One interest I'm hoping to The main reason that the course turn it off." advance at Villanova is legal is experimental is to find out if Prof. Catherine Lanctot history, which is an area I enjoyed there is sufficient intellectual Learning how to use a computer in law school but have had little interest in it. One of the class' in a legal setting, according to one the Georgetown Law Journal. After new attorneys at the Department opportunity to explore since I twenty-five students stated, student, is "perhaps the most graduating from law school, I of Justice and it's very exciting to started to practice. I hope even­ "Once students find out about useful thing in the world." The clerked for Chief Judge Murray M. watch them make the difficult tually to develop a course in legal this course, they'll be beating law school in the near future may Schwartz of the United States transition from law school to law history. down the doors of the Registrar's make Computer Applications District Court for the District of practice. I anticipate the same office to sign up for it. I mean, in the Law a required course. Delaware, and then spent a year excitement working with law Q. What courses will you with the popularity of WESTLAW Prof. Perritt agrees with this idea with the Washington, D.C. office students. teach next year? and LEXIS because of the way because "the law school should of Akin, Gump, Strauss, Hauer & I also found that I was frustrat­ A. I expect to be teaching a they facilitate research, there enhance computer literacy wheth­ Feld. ed by the litigation process. Dur­ course in Employment Discriftii- ought to be a high demand for a er it be by a course or by making Because I wanted more litiga­ ing the past four-and-a-half years nation, but the rest of my schedule computer course." computers more available." tion experience than I was likely at the Department of Justice, I've has yet to be determined. New Library Director Luks^s LAW T RIVIA After nearly 15 years as a quickly and more efficiently and otherwise" — to support it. What substantive field of cases are heard predominately by the professor and Law Library Direc­ search for materials." James said Recognizing the extent to which Federal Circuit Court of Appeals? tor, William James is leaving the he expects to bring Pulling Library VLS alumni use the library, James Which sitting Supreme Court Justice — besides Anthony Kennedy University of Kentucky Law on-line within the next two years said the school might consider — was a third-choice nominee (to fill the vacant seat of Abe Fortas)? School to assume the same posi­ or so. tapping them or their firms for With what university is the Hastings College of Law affiliated? tions here. But he considers the He also pointed to the need for some kind of membership or user What state is home to the corporate headquarters of Rockwell move more than just alateral one. expanded computer facilities. fee to help support expansion of International, Westinghouse Electric and Aluminum Company of "We've reached a sort of holding "We need more than just a com­ the practice materials collection. America (ALCOA)? pattern at Kentucky in terms of puter room," he said. "We need In addition to his library duties, Which law school publishes, in addition to its law review, The expansion," Professor James said a computer laboratory; a facility James will teach the first-year Jurist and the Journal of Contemporary Health Law & Policy? during his visit to VLS this that's wired for tapping into legal research course, as well as After California (65,000) and New York (63,000), which two states month. "Villanova, on the other databases other than just Lexis Advanced Legal Research, which have the most lawyers? hand, is in an expansionist mode." and Westlaw." Included in that he has taught throughout his 7. What landmark Supreme Court case upheld the validity of the James called Dean Steven Fran- laboratory, which James said tenure at Kentucky. "It's a review Federal Election Campaign Act? kino a "mover and shaker" with could be located inside or outside course to an extent, considering How many shares of a corporation's stock generally constitute respect to capital improvements the library, would be a .bank of that everything is thrown at you a quorum for voting purposes? at VLS, which he said bodes well personal computers for word- immediately in the first year," he What federal statute gave Congress the power to create a "Special for the future of the law school. processing and Computer- said. "Beyond that, though, the Prosecutor"? "Villanova's library is going to Assisted Learning Instruction. course covers research methods in 10. What part of the Internal Revenue Code permits certain be out of space in three to five James assessed the Pulling detail and gives students an corporations having no more than 35 shareholders to elect to be years," predicted James. "And I'm Library as adequate given its opportunity to specialize in taxed as a partnership? not just talking about space for medium size. He was quick to researching such fields as tax, books, but comfortable space for caution, however, that bigger is securities and labor law." Jaideqoqns "OI quiet study as well; something not necessarily better. His acid James also plans to be involved PY lu3muj3A0£) ui sDiqig -g more than just tables and chairs." test for assessing the adequacy of in the admissions process at VLS. •SMBjXq JO sappjE aqj ui paijpads asiAvaaqjo ssajun 'XjuofBui y "8 He envisions adding more study a library is whether it meets the He noted that he is heavily ofajEA "A Xaj^jDng carrels and a new lighting system, needs of its patrons. "The people involved in recruiting students — OOO'ZZ SEll BiuEAiXsuuaj ;(000'IS) SExa^ puE (OOO'SS) spunn "9 as well as expanded computer we serve primarily are students especially minorities — at XjisjaAiuf) "5 facilities. and faculty doing law school- Kentucky. BIUEAlksUU3(J f "Technologically, the library is related and scholarly research," James, 42, received his J.D. from OOSpUEJ j UES-EIUJOJIJE^ JO A;iSJ3AIUfl £ a little behind," he observed. "At he said. As for practitioner- Howard University Law School in (IPMSJEQ Kentucky, for example, our card oriented materials, James said Washington, D.C., and his M.L.S. pjoJEH puB qjjOAvsauXBH ^uauiaj^ jaijE) unui^iDEig Ajjeh -g catalogs for books and periodicals VLS would expand that collection from Atlanta University. He is sasBO ;u3^Bj "x are 'on-line' so students can more if it has the resources — "financial married and a father of two boys. , sjaMSUY Page 6 • THE DOCKET • March, 1988 FEATURES' Alternatives: Off the Beaten Track Best Deals in town

by Jamie L. Sheller other hand is supposed to take This certainly has more nutrition­ Alternatives: off the beaten approximately an hour and a half; al value than soft pretzels. track and the best deals in however, anyone who has ever Roxy Screening Room, 2021 town taken it knows that they are only Sansom St., Phila. 561-0114 on schedule 40% of the time. Philadelphia Museum of Art, This is one of Philly's few Whereas, SEPTA and New Jersey Revival house/foreign film theat­ 26th and Benjamin Franklin Park­ Transit seem to always chug way, 763-8100 ers. The movies that are featured along slowly but surely with rare in the next month are: One of the best cultural deals delay. in Philadelphia is our own (home Oni Baba, a Japanese film set You may not have a diner car in medieval war times; Cannes, of Rocky's favorite run) Art Muse­ on the bargain train, but who likes um. A well kept secret is that the which is a collection of award micro-waved burritos anyway. winning commercials; Buffetfrod, Art Museum is free on Sundays Casa Maria, City Line and Pre­ from 10 a.m. to 1 p.m. This avoids which is set in a surrealistic sidential Boulevard. urban landscape and is a black a $5 fee per person and for the Another great deal in Philadel­ art lovers, this can save a lot of comedy; and finally there is an phia is an all-you-can-eat fajitas Italian film called Long Live the money. Right now the traveling lunch special. For $3.95 you can exhibit is Anslem Kiefer and his Lady and an animated film called, consume all the chicken or beef Light Years. These films may not work should not be missed. If it fajitas that your little hearts or is a nice day, take a stroll around be marketed for commercial suc­ stomachs desire. The lunch spe­ cess, but they have all achieved the grounds and down by the boat cial also includes a salad bar with houses and of course don't forget immense critical acclaim on cult pasta salad, fresh fruit salad and and classic film status. So try and to notice the young men at crew cheese enchilladas or chicken practice or the younger women in see something that no one else has burritos. This special is offered your parents, on a cheap date, or running tights trying to fine tune leaves. If you manage to deal with seen before instead of playing it Monday through Friday, 11:30 a late night college munchie that and you're feeling especially safe. Why should we promote their bodies in time for summer. a.m. to 2 p.m. Muncho Munchos! The best part is you can enjoy attack. However, few people have daring, you can go for the chicken things like Rocky fourteen. tried Dim all this art work for free. Scoop de Ville/Maron Lan- Sum. What is Dim Sum, feet — they are a crisp/tender Dirty Frank's, 13th and Pine St., is probably your next question ... delighfand are allegedly one of the' Phila. Getting to New York — Cheap! dies, 107 S. 18th Street, Phila. This is a great place to know It is sort of a Chinese version of favorite snacks of the Chinese, To round out our repertoire of SEPTA 574-7800, N.J. Transit about as the weather gets increas­ hors d'ouerves which waiters and and a billion people can't be wrong things to do, one should visit a 569-3752 ingly more mild. Besides the waitresses push on carts around can they? favorite dive bar of Philadelphia's If you don't mind getting where the tables in the restaurant and VIP Food & Produce, 1314 creative professionals. (They you're going cheaper, on time, and excruciatingly delicious candy in the front of the store, if you get they try and explain to you what Walnut Street make a lot of money, too!) Dirty a little more slowly there is to the back you will find a most it is (of course, most that I came For anyone, who will be work­ Frank's is a regular hangout for another way to get to the Big unique and unusual frozen yogurt in contact with did not speak ing in Center City this summer, many of Philly's newspaper and Apple. Sorry Amtrak. For tho&e experience. Scoop de Ville has English). If you can break the or presently works downtown, literary writers, architects, and who despise the expensive and special machines which mix any language barrier to figure out and hasn't heard of this New York local band members. There is no unreliable Amtrak service, try topping you choose, ranging from what it is, you just through sign fad which has recently landed in better place to go and find a another route. The SEPTA R7 exotic fresh fruits to gourmet language, let them know that you Philly, should check it out. Rather melting pot of all different types from 30th Street Station leaves candies, into delicious fresh home­ want it and you get charged by than lunching on fast food or at of Philadelphia people. People at hourly from approximately 5 a.m. made frozen yogurt. Most people each unique, small dish that you an expensive gourmet cafeteria, Frank's don't worry much about until 11 p.m. and it goes to don't know about this ice cream order. Some of the best things I try salad by the pound. This is their outer image, but the inner Trenton, N.J., where you can experience hidden away in the discovered on the Dim Sum carts the perfect take-out lunch if you depths of Frank's is often bottom­ ^immediately catch a connecting back of the Maron candy shop, but were stuffed crab claws, and the don't have time for a sit-down less. People might look all nice and ^ew Jersey Transit train to New dumplings stuffed with pofk, meal. This salad bar contains pretty at places like Top of the York Penn Station. The round trip it is definitely worth the treasure — everyone is sure to win seafood or vegetables. One of the every kind of vegetable and fruit Center, but anyone can buy a $99 cost for the SEPTA/NJ. Transit hunt the prize. more daring things, and my favor­ imaginable and also includes suit at Today's Man and lease a route costs approximately $16. ite, was sticky rice wrapped delicious sushi, pasta salads, Porche for easy monthly instal­ The round trip excursion on Joy Tsin Lau, 1026 Race Street, around roast duck and pork and marinated tofu and other varied lments. But there are always Amtrak costs an unbelievable $40 Phila. this is all steamed in a lotus leaf. condiments too numerous to men­ surprises under the not-so- plus. The cheap trip takes about Everyone has been to China Don't be intimidated, this looks tion. This is a great healthy lunch attractive exteriors. Dirty Frank's two hours and Amtrak on the town, either by being dragged by like a ball of mushy, wet fall and you pay for it by the pound. is the kiwi fruits of bars.

Finding Themes That Unite Corp. Club Formed I constantly watch my col­ The Circuit Bench: leagues in an effort to discern Starting in February of 1988, Law School and by arranging for what it takes to be a good appellate Dean Frankino gave approval to students to "shadow" a corporate judge: alertness, sensitivity to the a group of interested students to attorney for a day to observe needs of the system and one's create the Corporate Law firsthand the actual practice. A Lonely Job colleagues, raw energy, unselfish­ Society. Now, with over forty The Society is currently under­ ness, a healthy sense of history, members, the V.L.S. Corporate taking a project which involves some humility, a lively interest in Law Society is well on its way the computer matching of the world outside the courthouse to becoming an organization members and their interests with and what makes it tick, an ability designed to attract students with a list of potential employers that to make hard decisions with only a wide range of interests. The most nearly correlate with the a little bit of post mortem regret, society's calendar will contain interest of a particular member; quickness — the ability to read diverse areas of subject matter The Directors and members fast, lucidity — a comparable which should be interesting to all. hope sometime in the future to ability to write well. Originally inspired by Don start a corporate newsletter or We are charged with keeping Walsh, Chairman of the American journal containing written works the law coherent at the same time Corporate Counsel Association of students and faculty, address­ we keep the appearance of justice (A.C.C.A.), who expressed a need ing issues of corporate law, pos­ credible. "Brilliance," of course, is to increase the dialogue between sibly in conjunction with another a plus, but on a day-to-day basis, students and members of the Bar, law school in the area. humanity counts for just as much. the idea of a Corporate Law If as judges we exercise our First Society was quickly taken to Practially speaking, the newly elected Board of Directors have Amendment right to speak from heart by the students at V.L.S. individual conscience, to express Upon closer inspection, it was developed the organization as if it was a what Holmes called our "can't discovered that Villanova is one real corporation. They are planning to start a fictitious helps," we have a corresponding of the first law schools in the obligation to search and seize on nation and the first law school in corporation in or der to educate the members about the process of those common themes that can the area to have a Corporate Chief Judge Patricia Wald B.C. Circuit Court of Appeals unite us. We must consider the Law Society. Although dealing starting a corporation, a distribut­ ing stock and maintaining the results of our rulings, not merely with many practical issues, it is corporation books. Patrica M. Wald, chief judge of rest of society, with only one their conceptual consistency. not an invitation to the Yuppies the United States Court of Appeals chance to explain ourselves on Principled decision-making does United, Capitalists Anonymous, All of these projects are in the for the District df Columbia Circuit paper and no defense after that, not require that we be blind to Supply Side Economists Interna­ planning stages. The Society is and this year's commencement required in good conscience to how our decisions play out in the tional, or a group of students also planning various lectures, speaker at graduation exercises for decide hard questions we would real world. interested in economic gain at all social functions and fund raising the Class of 1988, in a speech at just as soon not, unable to pick If the law is to survive and costs. endeavors. Everyone is invited to Yale Law School, provided these the cases we want to hear or think flourish, it must change and Being a diverse organization, attend meetings and get involved insights into the working lives of are worthy of us. develop through experience, appli­ the Corporate Law Society will in this exciting new venture. appellate j udges: The filings accelerate each year cation to new situations, testing provide many ways to educate and Support for the Corporate Law Appeals court judges are a bit (how scholarly can you be in 255 in new circumstances, infusion of entertain its members. It will help Society is evident not only in the like monks or conjugal partners cases a year?); the knottiness of new knowledge. Today, it seems, students learn more about corpo­ quickly growing membership, but locked int() a compulsory and the issues tightens; our authority we shy from that philosophy for rate practice both in terms of the faculty, including Professors often uneasy collegiality, destined increases as the percentage of our fear it may draw the stigma of private firms and working as in- Dobbyn, Rothman, Palm, and to spend their working lives cases that the Supreme Court can "legal activism." But labels are house counsel for a corporation Becker as well as members of the dissecting each other's logic and review decreases. The job is deceiving and too often intimidat­ itself. This will be accomplished corporate legal community, have syntax, constrained from many of challenging and tedious, exhilar­ ing. The truth is that life does by inviting practicing corporate been very enthusiastic and willing the social and political diversions ating and depressing, ultimately change and the law must adapt attorneys to speak at Villanova to lend a hand. that make life tolerable for the lonely. to that inevitability. March, 1988* THE DOCKET • Page 7 •• V^- Government Keeping Secrets ISSUE: Should government officials be criminally '' liable for withholding from Congress information that pertains to national se­ curity.

by John J. Gambescia

In his book Secret Warriors: Inside the Covert Operations of the Reagan Administration, U.S. News & World Report senior editor Steven Emerson addresses the Reagan administration's crea­ tion of a permanent Pentagon division designed to carry out covert paramilitary operations. According to Emerson, this special division was created in response to the failure of the 1980 attempt to rescue Amiercan hostages in Iran. As revealed in the Iran-Contra hearings, Emerson's book also Judicial guidance on the lines withholding information that is says that some of the operations separating exclusive Executive due to Congress. The difficulty is were not disclosed to Congress or power and privilege from the in identifying the nature' and to senior officials. proper demands of Congressional quantum of information which According to classified portions oversight is limited. Until courts Congress, on one hand, can jus­ of the private notebooks of Lt. Col. provide answers to specific con­ tifiably hold privileged. The range Oliver L. North, a National Secur­ In the absence of a law which mation. I believe past events have tested areas of Congressional of such information cannot be ity Council aide, U.S. officials specifically requires disclosure of shown that adequate procedures oversight and Executive powers, cabined in any simple formula; negotiated with the Palestine certain national security infor- — structural and political — exist we must rely upon the good faith and the plea of "emergency," a Liberation Organization (PLO) matin to Congress, government for Congressional oversight of efforts by both branches to respect law unto itself, must also qualify and Libyan intermediaries to officials should not be held crim- executive branch activity. each other's concerns. doctrinal stances. obtain the hostages' release. One ' inally liable for withholding infor­ Andrew Belliwoar, 3L Obviously, government officials Prof. William Valente plan, which later collapsed, called should be held accountable for for covert payments of $10 million to several Iranian and Islamic organizations holding the hos­ tages. At a U.S. request, the PLO transferred some money to get the hostages out, but nothing came of the plan. These findings, among others, call into question the accountabil­ ity of government officials in failing to report to Congress on the covert operations.

The Inquiring Although I believe Congress can Congress. The secret deliberations constitutionally and should as a of U.S. negotiators of treaties and policy matter mandate that the other international agreements President and officials of the may be an example. Photographer executive branch share most Congress can constitutuionally Covert operations are exactly of information during the course information pertaining to national mandate that it be informed, that — covert; and therefore, to of the operations. During the security, there is some such under appropriate procedures disclose information about them operations the need for secrecy information, whose parameters designed to maintain confidential­ Wants to prior to or while they are occurring outweighs the need to know; after are not clearly defined, that the ity and protect intelligence sour­ would affect the success of such the fact, however, the balance President, while invoking execu­ ces, of such operations. operations. However, a govern­ shifts dnd consequently any hin­ tive privilege, can withhold from Professor John F. Murphy ment official involved in the drance to achieve full disclosure Answer operations should not be held should be reprimanded. accountable for any withholding Yolanda Pagano, 2L Your Questions

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Ideas to Generally, yes. In pursuing are risks that need to be assumed Article I functions. Congress has in a democracy. The alternative a right to have access to informa­ is unaccountable covert action in tion about national security that the executive branch and a repeat The Docket is in the possession of the exec­ of disastrous ventures such as the utive branch. Congress may Iranian Arms fiasco. If the Pres­ implement its right to know ident asserts executive privilege, No. Government officials in is withheld from Congress, this through legislatively imposed some information would be Room 6 some areas may believe that the matter is handled by higher rank­ criminal sanctions for non­ beyond the reach of Congress. political- nature of Congress ing officials than by criminal disclosure. Leaks by members of threatens their operations. If, prosecution or indictments. Congress of sensitive information Prof. Turkington based on such a brief, information Paul LePak, IL Page 8• THE DOCKET • March, 1988 VLS Basketball Suburban Square (Continued from page 1) just because you heard that they found it hard to distinguish a lost first. It's not until your staged incident from reality, colleague shows ypu the boxscore Holding Court Packel said one trial practice team in the newspaper that you finally arrived at the site in question — believe the Phils won." a Bryn Mawr gift shop — just in Defense attorneys have an By F. Sean Perretta feel good for Tom "the Admiral" of margins. The Brawlers seem' There don't seem to be any time to see a man wearing a mask uphill battle trying to overcome Gallagher's recent selection as destined to reach the finals again and toting a handgun backing out that first impression made on Richmonds or Rhode Islands Law Review skipper, but this this year, but the Body Surfer of the store. jurors by plaintiffs' counsel, among the fifteen-team field in the team still looks like it'll be innoc- retain their playoff expectations "One student jokingly asked Packel said. "Studies have shown Law School Intramural Basketball ulated out of the playoffs. — especially since they won't face the other how 'corny can that that jurors tend to decide cases League. At the halfway point the The modus operandi which archnemesis the Biscuits this Professor Packel get' when her in accordance with their first favorites are on top, and there allows Criminal Offense (1-1) to year. partner suddenly realized that impression," he added, noting haven't been any real upsets or compete with taller teams consists The Benedicks (2-1) and the they had witnessed a real that jurors get their first impres- surprises, although a few games of deft ballhandling by Mike Davis Tortfeasors (2-1) could challenge robbery." sions from plaintiffs' opening were hotly contested. and fine outside shooting as a for a playoff berth, but the Bened­ Division A. Despite an unde­ Other criteria employed by statements, team. Unfortunately, this team is icks may be betrayed by a playoff drafters of trial practice problems To take advantage of that, feated record so far, Power of the custody of Division A, in formula where only the top two include having two witnesses per Packel said plaintiffs' attorneys Attorney (3-0) has looked Iwss where solid teams like Power, the teams qualify. Similarly, the side (for time-manageability in should tell a great story: "Once than omnipotent. For instance, Biscuits and Nice Rack patrol the Tortfeasors, with Mike "the Drag­ terms of depositions and trial upon a time, there was a young suffering from a Power shortage court. on" Jones and Chris Kemprowski testimony) and witnesses whom woman named Caroline Ford who due to the absence of vacationing Joe's Garage (0-3) may lack the as proximate causes of their students would be able to get had just graduated from college starter Chris Phillips and Dan mechanics for victory, but in the success so far, will be hard pressed actors for (20-to-30 years old; no and was about to start her first Sullivan, the defending champs spirit of intramurals, who cares? to reach the playoffs. experts). Another criterion is that job, when big bad Suburban were sparked to victory against It's refreshing to see teams who The Rabid Pitbulls on Crack (0- the upset-minded Criminal all witnesses believe they are Square tripped her up — participate for recreation and 2), despite the efforts of versatile telling the truth. "There may be literally." Offense (1-1) by three unlikely exercise; it's sort of like Moot Scott Treadwell and Pat Askin, conflicting stories but that's the Defense attorneys have to. tell heroes, Jay Branderbit (four for Court for credit, I suppose. need to rehab their Illinois-style way it is in real life," said Packel. a great story themselves, accord- four), John Fiorillo (finally back Meanwhile, the first-year phe- foul shooting in the clutch if they "People see the same event from ing to Packel. "They have to from injured reserve), and new noms, Nice Rack (2-0), reminiscent expect their jaws to lock onto a different perspectives." personalize their corporate client; addition Kevin Mangan. Previous­ of last year's rookie sensations, win. In a leg-biter, the Pitbulls As to what really happened at talk about poor Carl Baran, a ly, Power burned the Biscuits (1- have racked up two lop-sided wins poor free throw shooting enabled Suburban Square, Packel said it hard-working college student just 1) despite a barrage of jumpers by behind Ted Gobillot and Lance Nothin' But Air (1-1) to breeze past was left up to each jury panel doing his job one day when some- Dave Wexler and effective pene­ Nelson, as they look toward the them to victory in the final (members of the IL class) to decide one tells him about an oil spill, tration by crafty Jack Corr (former showdown with Power. Oooh, I'm moments behind Mike "Give 'em" based on their assessment of Like a good employee, he imme- Narberth League stand-out). shaking in my Nikes. Heller and Brad "Air" Molotsky, witness credibility and how well diately drops what he's doing to The Biscuits were cooking in Division B. There's no truth to among others. It's too soon to tell their next game, however, as they each side presented its case. check it out and then goes to get the rumor that the WWF is taking with this team if they have the This year's problem centered on some rags to clean it up." served adequate notice upon the control of this division, and neith­ necessary elements for the two questions. First, whether the Even then, though, the best a 12-b Sixers (0-3) and the rest of er Arthur Mercante nor Carlos playoffs. plaintiff, Caroline Ford, slipped on good defense story can do is get the league that they can live by Padilla will be refs from now on. Meanwhile, the Thought Police ice cream dropped by the child she back to ground zero and have the the jumpshooting of Wexler, Rich In perhaps the best game of the (0-2) have yet to come up with a was running after or whether she juror wait to hear the evidence Silpe, Kevin Heffernan and com­ season, "Iron" Mike Nita, Skip winning idea even though Elliot slipped on a puddle of motor oil before deciding, Packel said. "But pany. For their part, the 12-b "Radar" Bariscillo and newcomer Burton owns the best hook shot that was somehow deposited on then the plaintiff's evidence comes Sixers may never claim victory Tom Hyman helped the Brawlers this side of Earl Cureton. And the unless they somehow amend their or near steps at the bottom of a in first, so the defense is always (3-0) outlast the Nude Body Masons (0-2) arew still working on landing. Second, whether Subur- going uphill." line-up to give Mr. Inside Jeff Pott Surfers (2-1) in a battle of top building a winning foundation. ban Square was negligent in not Defense attorneys win, by Pack- and Ms. Outside Sweet Kathy contenders. The Body Surfers Perhaps they should use some of properly maintaining its premises el's reckoning, when they really some offensive support. went the distance behind Mike the bricks they leave strewn about and/or whether it attended to the do have a much better case. "For Steady Tom Kukowski and the Tarpey, John Tyrell, Chris the court after their games. rest of the Disease (2-1) have a situation in a reasonable manner example, in this year's problem, Murphy and Pete Callahan, but As usual, if anyone wants to see once it learned of the spill. Suburban Square's counsel had a healthy record so far, and have to lost the decision by the narrowest me: Meet me at the rim. A large majority of Defendants likable, faultless fellow like the won, Packel noted. "The evidence maintenance man and an unbi- seemed to favor the defense," he ased eyewitness. The plaintiff's explained, "in that neither of the witnesses only knew that she Law Review Symposium Plaintiff's witnesses could say slipped on something; what it was exactly what it was she slipped they're not sure. It could have on." been the motor oil, or it could have (Continued from page 1) tory method, raising the minimum Business Administration recently wage tends to increase unemploy­ commissioned a survey which The defense's success runs been the ice cream." care of social problems was pres­ ment and will relegate a person showed that a medium size busi­ counter to real-life verdicts, which • As a rule of thumb, said Packel, ented by Earl Brown. Quoting to collecting unemployment com­ ness (100 to 500 employees) had Packel said are mostly for Plain- if witness testimony is a wash — from Pope John Paul, he stated, pensation rather than letting a cost factor of almost one and a tiffs. He attributes plaintiffs' two good plaintiffs'witnesses and "The wage relationship is the them accept employment at a rate half times that of large businesses success to the fact that plaintiffs' two good defense witnesses — central index of social justice." lower than the minimum. He for interpreting and complying attorneys get to pick their cases then the plaintiff will win. "Even American society handles social argues that it would be in the with the regulations. A small — "Defense lawyers are stuck though the decision is supposed problems by sticking them on the interests of business and society business (less than 100 employees) with theirs" — and to the strategic to be based on the preponderance employment relationship. An to have that person working, even incurred a cost factor almost advantage plaintiffs have in get- of evidence, the plaintiff gets the example of this is in the field of though he is earning less, than to triple that of the large business. ting to present their case first. preponderance of evidence by health care. The majority of have him idle and supported by Imposing greater regulation on Packel explained that advan- going first." Americans who have provision for the government. Small business small business would therefore tage in an anecdote he once heard With respect to how to present health care have it through their would play a major role in this present a substantial burden on at a trial practice seminar: "You're that evidence, Packel "revealed" employment. This presents a area since, as it was presented by them. riding on the train to work one a well-known secret: Tell a story! morning and you ask the guy "It's amazing how many students sitting beside you how the Phillies and attorneys want to get caught did last night. He tells you that up in the morass of objections on they lost. Later when you get to what's admissible and heated Small business has been vehemently opposed to the work someone remarks how great sidebars on what's permissible in it is that the Phillies won last cross-examination," said Packel, extention of any workplace legislation. night's game. Your immediate "when the whole point is to just reaction is to insist that they lost, tell a simple story."

burden to the small business Mr. Kilberg, small businesses hire Professor Perritt's hypothetical which is greater than that on the a disproportionately large number involved the panel being appointed large business. We also impose on of people, in comparison to large as an advisory group to a new the employment relationship the business, and provide opportuni­ president. The panel must take issues of what to do with older ties to minorities and the into consideration the fact that Americans. Should a retired per­ disadvantaged. there has been no case presented son be required to live their The problems inherent in by any of the panelists for treating retirement years on the basis of government regulation were pres­ small business any different from the nature of the employment ented by Dr. Droitsch. The reg­ large business, and that the prob­ they held during their working ulatory departments of the lems of workers are worse in small years? government are grossly under­ businesses, as well as the fact that A libertarian rights perspective, staffed. The current chances of a small businesses cannot afford to philosophically speaking, was small business seeing an OSHA comply with the government presented by Daniel Mitchell. He inspector are once in ten years. regulations. Would it be a good or rephrased the issue not as wheth­ The story on ERISA is similar. bad idea to advise the president er the labor laws should affect There are two hundred inspectors to forget about the regulatory small businesses but rather wheth­ to oversee one million pension approach and adopt an approach er the laws should exist at all. Mr. plans and approximately four and allowing full collective bargain­ Mitchell theorized that a market a half million benefit plans. These ing? A number of points were system would yield better results factors make enforcement of the made on either side of this issue. for all business. A market system current regulations difficult to The papers presented at the tends to be neutral and treat all impossible. Added to this is the symposium will be published in parties the same. Taking as an fact that the average regulation the November edition of the Vil- example the minimum wage sta­ is written in such a complex lanova Law Review, Volume 33, tutes, he proposed that a market fashion that many small business No. 6. The law school also main­ approach would create a balance owners do not have access to an tains a video tape of the sympo­ between wages and unemploy­ interpretation of what is required sium which can be viewed by ment. Under the current regula- of them to comply. The Small interested students and faculty. The scene of the accident.