The Docket, Issue 7, March 1988

The Docket Historical Archives 3-1-1988 The Docket, Issue 7, March 1988 Follow this and additional works at: https://digitalcommons.law.villanova.edu/docket 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.

Load more