University of Baltimore Law Forum Volume 4 Article 1 Number 6 April, 1974

4-1974 University of Baltimore Law Forum Volume 4 Number 6 (April, 1974)

Follow this and additional works at: http://scholarworks.law.ubalt.edu/lf Part of the Law Commons

Recommended Citation (1974) "University of Baltimore Law Forum Volume 4 Number 6 (April, 1974)," University of Baltimore Law Forum: Vol. 4: No. 6, Article 1. Available at: http://scholarworks.law.ubalt.edu/lf/vol4/iss6/1

This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Forum by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. Vol. 1. No.6 April,1974 Catalyst Of Many Innovations by Gloria Sodaro .. Associate Dean Ri chard A. to the United States Housing system to tiike the place of I he Buddeke, wi nner of this years A uthority and its successor t he rough procerl urI' oncl' USP'!. With outstanding Faculty Member F ederal Public Housing lhp "(lnputerizin g of sch!'duli ng. Award. has devoted the past four Authori ty, as Assistant Ge neral not only do the \)pans hav" more years to improving the student Counsel to the Secretary of lim,' to work with the sub· body, revam.ping the curriculum Defense. and as Assistant slantive aspects of law sc hool and exam schedul es. a nd So li citor for the Department of nl'eds. but th<,y also ha ve mor" remolding t he· acade mic Interior. I ime to spend wilh sturl ents. structure of our law school. As governm ent work per· In lhp law school. Ikan A r e lative newcomer to mitted, he handled some private Huddeke works mainly behind Ba ltimore. the Associate Dean litigation and tax work in tl.e lhe scenes. I-Ie regarrls. as among pu rsued most of his previous firm where he had become a his most gralifying ac· ca reers in Washington. D.C. He junior partner. bpfore his comp lishments. the new facility acq uired an A.B. and J.D. degree government emplojlment. of computerized schedulin g for I'rom George Washington Along with recently serving courses and exams. When ap· University. and furthered his as National President of the proached. he said. "Before w(· l'd ucation at Columbia Judge Advocates Association, were just coping . with U ni versity whe r e he was Dean Buddeke served as judge registration I'or .only 500 persons. awarded an L.L.M. His thesis advocate and reserve officer with Now we've broadened our views combined his two preferred the U.S. Navy where he handled with regard to scheduling and fields of law and is entitled "The some fifteen hundred cases. curriculum for 1200 pe rsons. Immunity of Governmental Legislature became another Comp uterization has released us Instrumentalities from Taxation. specialty of his and in serving as from paper work and sensitized Law School Names As is typical of many '~egis l at i ve Program Director for us to student needs. We had professors here. Buddeke ,he Defense Department and more time-·and took more time·· Placement Director orig inally combined teaching 'lASA. he had occasion to to arrange for in ternships and with law practice. He taught monitor legislative inquiries in other programs." by Michael B. Hare Mr. Watson's background is taxation and government-related liaison wilh t he President's In speaking of achievements, In September of this yeat, the well suited to his new duties courses of eighteen years at Executive Office ~ nd Co ngress. he always spoke in terms of the University of Baltimore School of supplying him with numerous Ca tholic University School of Buddeke ca me L" the administration and expressed Law will take a major step in contacts with the members of the Law on a part-time basis. He Un iversity in 1970 as a full time high regards for Dean Curtis. assisting its graduates find loael and state bar associations. enjoyed three years teaching .J rofessor and in 1972 was ap· Though a catalyst of many in· employment opportunities in an He plans to spend this summer government. politics, and con· pointed Assistant Dea;n, (later novations. he modestly deems ever tightening job market. Mr. organizing his program and in s titutional systems at the changed to Associate Dean). himself only a part of our rapidly William Isedore Weston has been June will attend a conference on University of Virginia, North In his position as Assistan· advanci ng school of law. named Associate Director of law placement. His office will be Virgi nia center . t! Associate Dean. he has done Dean Buddeke realizes that Placement for the Law School. located in the Placement Office, In addition to teaching, Dean wonders with course registration all is not yet perfect. but marvels Mr. Weston, who is currently first floor, Academic Center . Buddeke worked for the Federal and exam sched uling. The need a t our progress over the last four teaching a course in Professional Using an active rather than a government in many capacities. was there. with the expansion of years. Ad hering to the motto. Responsibility at the law school, passive approach to placement, He served as Attorney·Advisor the law school. to provid e a new "There's always room for im· in addition to priva.te practice, is Mr. Watson indicated that he provement," he is presently Executive Director, The Bar plans to use hi s contacts to revamping our course offerings. Association of Baltimore City, stimulate interest in University The first year has been given serving concurrent ly as of Baltimore law graduates and the most attention. The In· Executive Director, Baltimore to make sure students are trod uction to Law Course will be Bar Foundation and Lawyer notified of available op· changed under his and Kathy Referral Service, Inc. He portunities. His program will Sweeney's direction. Criminal previously served as Assistant also include guidance counseling. Law and Procedure have become Executive Director and Director Mr. Watson, taking mandatory during the first and of Public Relations, The cognizance of t he shortage of second sl'mester of the freshman Maryland Bar Association. Inc. jobs in t he Baltimor e· year. He is a graduate of the Washington area fo r lawyers, The theme that seems to have University of Maryland School of noted that although he is not a taken form is the desire by both Law (June 1971) and of Loyola miracle worker, the stature of Deans Curtis and Buddeke and College (June 1968). He is a the law school has risen con· Professor Davidson. to "draw an member of the America n, siderably in the eyes of t he advocacy thread through the Maryland, and Baltimore Bar members of the legal profession three years of instruction by Associations, The Maryland Trial with the realization that this law increasing the advocacy ex· Lawyers Association, and school is a growing and vibrant perience of the students." Ad· American Judicature Society institution, and that this should locacy training, something . among others and is in volved in do much to improve both the which the student will be able to numerous community activities. (cont. on pg. 6) Associate Dean Buddeke receiving benefit from his entire legal A wards Banquet. . [cont. on pg. 5] Page 2 April. 1974 The Forum

uniform method of application. Math, Myth eq ual share of the estate to each which D is entitled, propor­ Those who would oppose the III. ARGUMENTS POSSIBLE such child. tionately (Le., ratably) from the or validity of the statute provisions children A, B, and C and con­ IN SUPPORT OF STATUTE Social Equity (b) The after-born child may under consideration could ad­ temporaneously preserve to the PROVISIONS recover the share of t.,he Clay Stuart maximum extent possible the vance several arguments in Whereas it may be argued testator's estate to which he is testamentary intent of the support of their contention_ that it is inequitable to diminish INTRODUCTION el1titled._.from the other testator as provided in EPTL 5- It might be averred that the dollar estate share of a child Upon first reading section 5- children ... ratably, (emphasis 3.2(b), the structure of the when applied, the statute specifically named in a will for 3_2 of the Estates, Powers and added) out of the portions of such proportionate recovery becomes provisions produce inequitable the benefit of an after-born child, Trusts Law, one unfamiliar with estate passing to such persons readily apparent. results as the after-born child or it may be equally argued that it the statute may be left with a under the will. In abating the To have remaining children will receive a greater would be inequitable to deprive somewhat vague and indecisive interests of such beneficiaries, dispositions as nearly as was dollar share of the estate after an after-born child of an estate interpretation, with respect to the character of the intended by the testator, after a recovery than will be ultimately share for the reason of time of the subject portions_ testamentary plan adopted by portion of the original disposition received by some of the children birth, over which the after-born The initial inference may be the testator shall be preserved to passes to after-born child D, for whom specific provision was child had no controL that application of the subject the maximum extent possible_" children A, B, and C should made in the will, As was ob­ In attempting to support the portions produces an inequitable To illustrate the application retain respectively the same served in the illustrative validity of the statute provisions result as to some of the parties of the aforementioned statute proportionate share in the examples, such result is quite as written, the underlying affected thereby and that the provisions, assume th&- following $75,000 remaining for them as probable_ purpose of the provisions must statue appears partially illusory circumstances. each had in the original Opponents of the statute be taken into consideration. benefiting those with great Testator by a valid will made disposition of $100,000 (i.e_, A. provisions could submit that by It would appear that the proficiency at mathematics_ That to each of his three children, by 60%, B. 30%, C_ 10%). its operation the statute at­ prevailing view of the author(s) inequities may result from the name, the following dispositions: Thus in the illustrative tributes to the testator a of these provisions of EPTL 5-3.2 application of the statue can be To A_ $60,000 situation above, although A has dispositive intent with respect to was based on public policy, - the validly argued if the scope of To B. $30,000 had his dollar benefit reduced the' after-born child which as to a socially desirable policy of consideration is limited to To C. $10,000 from $60,000 to $45,000, B his known person could not have providing for children. tangible gain; however, ex­ Children A, B, and C were all benefit reduced from $30,000 to existed at the time the will was Although there will of course pansion of the area of con­ living at the time the will was $22,500, and C a reduction from executed_ Further, that the be isolated situations to the sideration to include social executed and the net estate of $10,000 to $7,500, each of these statue actually overrules implied contrary, in the great realm of benefit, would thus term as the testator is sufficient to children retains the same testamentary intent in that had parent-c hild relationship, the inaccurate inferences of the type support the dispositions made_ proportionate share in the estate the testator wished to provide parent would normally want all previously stated_ Subsequent to the execution of now available for the three of for after-born children, the will his or her children to share in the Any attempt to determine the will, another child, D, is born_ thl'm ($75,000) as he had in the could have so stated, for estate to some extent. This was the equitable or inequitable example, by making the gift to a Any perceived ambiguilty as estate originally available for all the position apparently taken in nature of the section prot ions class, "I leave to those of my to the mathematical application three ($100,000). drafting these statute provisions, involved and to clarify am­ children who survive me_._"_ A of the statute and possible <\lthough the application of and without the benefit of biquities possibly contained will provision in this form would inequities arising therefrom the statute provisions knowledge of the preferences of therein mandates consideration indicate as least the willingness would appear to stem from the necessitates the use of each of an innumerable number of the relevant practical ap­ of the testator to have after-born interpretation and application of mathematical relationships, it of testators in such situations, plication and intended purpose_ :hildren share in his estate.- "ratably" as used in the statute. ca n be observed that these prescription of equal shares of I. APPLICATION OF SUBJECT Presumptions may be ad­ "Ratably" is very frequently relationships are not illusory or the estate for all children was PORTIONS OF STATUTE vancet! with respect to utilization defined as "in proportion"_ mythicaL both mandated and just. The portions of EPTL section of the subject provisions of the Applying this working definition In the foregoing illustrative Thus in maintaining the 5-3_2 under consideration provide statute, 11S to the prejudicial to "ratably" to the foregoing example, had there been more contention as to the equitably as follows : benefit accruing to those most illustration and giving effect to than one after-born child (e_g., just nature of these statutory proficient at mathematics; this .. s5-3_2 Revocatory effect of other relevant portions of the twins) the approch for deter­ provisions, the importance of presumption however, is a birth of child after execution of statute, as hereinafter discussed, mining the .estate shares of such giving priority to providing for rebuttable one. Upon explanation will produces the following after-born children and the all children over the monetary (a) Whenever a testator, revised shares of children named of the statutory meaning, the dispositive results: (cont. on pg. 12) during his lifetime or after his provisions involved have a To A. $45,000 in the will would be the same as death, has a child born after the To B. $22,500 previously described, however, execution of a last will, and dies To C. $ 7,500 the dispositive results would leavir.g the after-born child To D. $25,000 then be as follows : unprovided for by any set­ As after-born child D is To A. $36,000 tlement, and neither provided for entitled to share equally in the To B. $18,000 nor in any way mentioned in the testator's estate with children A, To C. $ 6,000 will, every such child shall I B, and C under EPTL 5-3.2(a) (1) To D. $20,000 succeed to a portion of the (B) (ii), he is entitles to a share of To E. $20,000 testator's estate as herein $25,000 (total estate of $100,000 provided: [I. ARGUMENTS POSSIBLE divided equally among four (1) If the testator has one or AGAINST SUBJECT children). To recover the share to more children living when he PROVISIONS OF STATU'I'F: Now you can executes his last will, and: protect yourself against muggers, rapists (B) Provision is made therin and worse with this amazing new whistle. Wear it for one or more of such children, termpapers termpapers as a necklace or carry it as a key chain. Its long-ra nge penetrating shrill brings help in a hurry. The next dark an after-born child is entitled to Quality, Originality Security night (that's tonight!) you'll feel a lot safer Just knOWing share in the testator's estate, as $2.75 per page you have the greatest protection in the world. Gives SEND NOW FOR LATEST CATALOG. ENCLOSE $2_00 obscene phone callers a shrilling earful, too. fo llows: GET IT BEFORE YOU HAD IT! TO COVER RETURN POSTAGE (ii) The after-born child shall Hours: Mon-Fri 12 noon - 8 p.m.; Sat 12 noon - 5 p.m. COME IN OR MAIL HANDY COUPON receive s uch share of the Yes! I want to be saved I Send me _ London-Like Whistles ESSAY SERVICES _ Kev Chain _Necklace INumbed_ Chrome __ testator's estate_ .. as he would 57 Spadina Ave nue, Suite 105 1 enclose $3.00 for each London-Like Toronto, Ontari o, Canada Family Jewels Ltd. have received had the testator Whistle. I understand that if I am not 3431 West Villard Avenue Telephone: (416) 366-6549 totall y satisf ied, I wi ll receive a complete Milwaukee, Wisconsin 53209 includes (s ic) all after-borr refund If returned in 10 days. Ou r research ma.te rial is so ld for research assistance only, children with the children upor not as a finished product fo r academiC credit SNAME~~TREET NUMBER;8~======;=;;=====~===== CITY STATE ___ ZIP __ whom benefits were conferred under the will, and given an April, 1974 The Forum Page 3 THE FACULTY, Part II Working In A Congenial and Encouraging Environment

by Jim Hope)VeU "The Administration has felt that t he Administration had they want, and all they have to created a congenial and en­ created such a congenial at­ of tenure and or promotion were (Note: Part II of this study jo is use it." He added that "One couraging atmosphere which mosphere that it was too com­ used effectively by the Ad­ relating to the University of of Curtis' strengths is that when contributes to all aspects of a fortable, and had the effect of ministration to stimulate im­ Baltimore Law School Facultv 'Ie has to, he acts, and doesn't sit professor's job." This summed up insulating the faculty from the proved faculty performances. was originally intended to be a Iround waiting for others who w ha t appeared to be the competitive pressures of the Most of those questioned felt survey of student opinion of the .von·t or can't. If he didn't have dominant feeling among full-time that the criteria for promotions "real world", pressures that lhl~ quality, the Law School UBLS Faculty. However, ;)r tenure were not sufficiently faculty members regarding the students must inevitably face? deadlines made the taking of a probably still wouldn't be ac­ Adm i n is tra tion 's policies One well-respected professor well known or clearly defined. representative sample im­ creditl·' !." towards them. Wh en questioned on wh ether felt that this wasn't the case. On th ~ o.ther hand. another possible. Instead Part II presents criteria for promotion or tenure "Dean Curtis is extremely "The beauty of the Ad ­ professor 1e.'ls that in general the opinions of the full-time ,hould be mane known, two sensitive on the question of -ninistration's policy of academic the faculty c. 'TImitt(·p ystem faculty members on what they professors pointedly responded academic freedom," said another ireedom is that it gives the has been stagn."lt. "For on(' view as the matters that affect that they should. professor, who added, "Curtis is faculty member just that thing committees .. ave little their performance, including an excell ent moderator and The question of whether or academic freedom. He can use his power, their decisions l p.ing on Iy students and the policies of the not the system of faculty com­ consequently one of the great own energy to do whatever he aei visory, and the systt'11 has U.B.L.S. Administration toward mittees were sufficiently active virtues of the U.B.L.S. faculty is wants with ' ; ~ courses." atrophied." the faculty. or had enough power provoked that they don't act like children Another equall y well .\nother teacher aq{ues tha' A written survey was disagreement among several as has been the case at other respected professor disagreed the raculty committees in general distributed to sixteen full-time professors. The Association of schools where I've taught." slightly. "An increasing number should receive more power. "The faculty members and in addition American Law Schools, whose These statements were made of faculty are moving out of the opinions of the various com­ personal interviews were con­ Executive Director, Millard in response to a question on the security of the congenial at­ mittees 111 theer areas of ducted with nine. Ruud, was interviewed in Part I written survey asking for mosphere." he said, "The result re ponsibility are not solicited Remarks which are quoted of this series, requires that its opinions on "Administration will be more disciplined courses, often enough," he says, "and they are not attributed. There was a member schools vest in its policies and practices that more imagi nation used in should be." significant amount of reluctance co ntribute or detract from teaching and more work for the faculty primary responsibility for on the part of faculty members to One area of agreement among various aspects of the faculty stud ents. But it will be good so determining institutional be quoted on sensitive matters the faculty was in regard to an performance. None of the per­ long as it doesn't interfere with policies. Faculty committees are and so to avoid "me too" an­ increase in salaries. One teacher sons responding to the written stud ent· faculty rapport. What is one type of device used to meet swers, the policy was adopted this responsibility. claim ed that the salary scale at questionnaire found any criticism needed is more dialogue on the that even comments deemed U.B.L.S. could be more com­ in t hose policies. subject." One faculty member feels iavorablc to the students and the strongly that t he faculty com­ petitive. Another professor, who In follow-up questioning, I Several faculty members Administration would not be mittees have "as much power as asked several teachers if they 'vere asked whether the rewards (cont. on pg. 16) cited in each instance.) Why did over 21,000

Because NacOrelli? • It is the oldest and most experienced Bar review school in Washington with over thirty years of teaching success. • It is a school with the highest degree of integrity and professional achievement. • The NATIONAL BAR EXAMINER endorses and recommends the Nacrell i School as the best Bar review school in Washington. • All lectures are live with the exception of the eleven·day course morning lectures. • Mr. Joseph A. Nacrelli personally conducts the school. • The Nacrelli School claims the highest number of prominent former students. Among them are judges, Congressmen, law professors in every law school in Washington, law school deans, and currently four of the six Bar Examiners of the District of Columbia. • The school has maintained one of the highest passing records for more years than any other Bar review school in the area. • Its reputation is based on the opinion of thousands of successful Nacrelli students throughout the nation. • More students have taken the Nacrelli Course than any other Bar review course in Washington. • Its outstanding record speaks for itself: OVER 21 ,000 NACRELLI STUDENTS ARE MEMBERS OF THE BAR • Thousands of successful students, letters and newspaper articles attest to the quality and proven success of the Nacrelli method. • The unmatched Nacrelli teaching method is entirely different from the system used by law school professors. The course is completely bar oriented in the truest sense of the word with a practical versus theoretical approach.

If you DON'T want to listen to LONG and THEORETICAL law school-type lectures- If you DO want COMPREHENSIVE QUALITY LECTURES geared STRICTLY to the BAR­ If all you really want to do is PASS THE BAR THE FIRST TlME- Do as over 21,000 Nacrelli students before you have done .. . TAKE NACRELL/!

NACRELLI BAR REVIEW SCHOOL 1334 "G" Street, N.W. Washington, D.C. 20005 Telephone: (202) 347-7574 THE FORUM April,1974

SUMMING UP On Life As the year draws to a close. we find ourselves taxed 'with all the There are times when the world seems cold and barren_ typical end-of-the-semester chores; finishing course material. All alone we are isolated in our thoughts. preparing for exams. figuring out summer and fall schedules; and for Life is a wall of ice. those of us who are graduating. in addition to these is the tying up of We set our minds to work planning and scheming. loose ends. the filing of Bar exam and review course applications. and But our pains avail us nothing. the expected. but sometimes disheartening effort of job hunting. while The wall is high and strong. still having to contend with that one final test - the Bar Exam_ It·s with all of this activity that I find myself addressing you one last Our plans bring us only confusion and trouble_ time and to be perfectly honest. I m saddened with the prospect. Life no longer seems worthwhile_ I find great comfort. though. when I refl ect on the past year. on the The wall is cold and clammy_ progress that The Forum has made. and on the effect it has had inside Then. a kiss. a smile. the sun shining on a blade of grass. and outside of the law school community_ An embrace. a kind word. or the wild beauty of an ocean. Realizing its great potential. my intention was to make The Forum Changes the nature of things. not just one of the better. but the very best law school ,news Yo ur body sways. your throat sings. your soul is joyful. publication; a publication worthy of winning the national LSD Your legs dance to the music of your heart. newspaper competition - something for which we are now competing_ You turn to face the world. The approach arrived at to reach this end was to make The Forum You look around and all creation has begun to sing and dance. more than just a newspaper reporting schools news. but instead. to Nature and humanity have joined in a festival. strike a balance between a news worthy publication and a serious The world is warm and bright_ analytical legal journal.

marriage at the present time, Association and founder of the law, is rebuttabl e, and there WI' (yet the possibility as to divorce Professional Women's Ca ucus. shall not attempt to point ou t exists), two poi nts if sin gle (and attributes the fact that women more than the inhprent nanf(l'r' planning to stay that way), and lawyers represent Il''-S than and potentia l danf(e r s and one point for each child . Sill y, yet three percent of all lawyers in potential conflicts Iw tween on!', seemingly as fair as t he over-the­ this country (a oeclin e from amb ition a nd Ih(' oa th 0; Dear Sir: and Nancy Mering, the board cut advocated by Mr. approximately one in twenty­ ad herence 10 OUI' professional I'm afraid that Ms. Bodine secretarial staff of the law school, Stuart in order to prevent eight in 1950 to ope in forty in responsibilities. Extn'me in su(·h misinterpreted my article. What for their tolerance of my often "penalization of the family." 1970, a co nsidrrable smaller situations are thl' ('xception. as I had recommended was that the short-notice requests, and their Furthermore, Mr. Stuart percentage thaa in many other opposer! to th(' ru ll'. in both Environmental Protection willingness to help me. Words qualified such a dvocacy by countries I tf) the traditional instann's. Administration allow selective cannot express my thanks to the noting that "such is of course not regard of professions with higher As iO Mr. Clay's fourth use of DDT. Last year, over representatives and executive an absolute situation, which s t a tus a nd hi g he r incoml' premise that many fpel wvn.('1\ 700,000 acres of forest were board of the Evening Student would of course bring to mind potential as masculine domains. are r."t physicall y strong enou gh . destroyed by the tussock moth. Bar Assoiciation, without whose under what criteria the ex­ This in itself, she points out, an ;ts~ umption to wh ich he i·

A repeat performance is ex­ dedication little would have been ception would arise, and we providing a barrier to the entry opposed, suffice it In ~ay thai pected in other parts of the West accomplished. To those who may submit that such would be of women because lower cul tural having had carried thirty to forty this summer. I am happy to now have differed with my opinion, or exactly the determination made expectation s generate a self­ pounds of books up and down report that the E.P.A. has who may have been opposed to a at t he present time, so, fulfillin g philosophy. Wome n threl' ann four fli ghts of stairs for resisted the influence of our east­ course of action which I chose to therefore, why even suggest may be discouraged from en· two to three years, we co uld not coast urban ecologists and will follow , I hope that I have not lost outright that a man (married or tering a 'male' profession where agree more with him. Equatinf( 'allow a selective program to be your respect or friendship. You not) should be preferable as to they will be treated as second­ physical strength with an ability

begun to save our forest lands. have not lost mine. the woman, law school ap­ class citizens. (Trial, s upra) to reason is indeed ri di cu l ou~. As We are all concerned with DDT In closing, I would like to plications should take into Professor Sora Mentschikoff of to strength of character, of as we are concerned with our reflect on my time as a student of consideration all factors-­ the Uni versity of Chicago at­ conviction and of purpose, as Mr. natural resources and animal this law school. In the past four marriage, service record, age of tributed the smaller number of Stuart notes more or less, moral wildlife. Unfortunately , life is years, I have seen the growth of applicant, period of time elapsed female partners in Wall Street weaklings, criminal minds and often a compromise and we must both the faculty and stud ent since college graduation, as well firms to the defeatist attitude those with lack of direction in all make judgements to face up to body, the accreditation of the law as the arbitrary guidelines of adopted by women lawyers at their life know no paticular race, that fact. The E.P.A. realizes school, and an increase in the coll ege grades and law board tre start of their careers when nor any particular set. that and I am hopeful that many prestige of the law school , and an scores. Otherwise, we may find they set their goals under the Finall y, Mr, Stuart's fifth of our ecologists will someday increase in the prestige of the ourse lves relegated to the ,1s~ umption that they do not premise, that women are not realize that as well. law school not only in this state, possibility of signing quarantees sland a chance to become part­ smart enough, it may be noted Sincerely, but in the nation. I am proud and as to our marital status for a nel ~ in the firm. In view of that Janette Barnes, in a 1970 Donald Lorelli honored to be a graduate of the period of, say, three years after stat:stics determining that article in the Journal of Legal University of Baltimore, School graduation. (Mr. Stuart might be thirt) -eight percent of the Education (Trial, supra, page 27) of Law. My best wishes tp all of interest ed in knowing that womt n in this country are part of examined t hat academic Dear Evening St:Jdents: you, both students and faculty. rather than fl eein g to their the labor force. an increase of ac hi evement of women in law protected nest upon fi ve perceQt in the past ten school a nd concluded that the As the academic year draws Very Truly Yours, graduation from law school, a year , such ~Id not appear to women fin all y ad mitted to law to a close, the Evening Student John P. Geiss, Pres. 1970 issue of Legal Economic substantiate Stuart's statement school or even applying to laW Bar Association is preparing Evening Student , News, published by the as to a woman's preference to school represent a small number itself for the transfer of its Bar Association ABA, noted that after three wives and mot h ~ r s--is not of highly intelligent a nd leadership. Elections wer e years, thirty per cent of the conceivable that such set motivated students, whil e their originally scheduled for April 22, Dear Sir, males and twenty-nine per cent discrimination, as "three years of male counterparts have not 23, 24. But due to the fact that The followin g is submitted in of the females studied still law school do represent a big s urv ived uch a stringent this is the last three nights of response to Mr. Clay Stuart's retained their first legal position. in vestment of time, energy and filterin g process (noting, for class, the elections were ad­ recent article as to "Women and (Trial Magazine, Novem­ money." example, that several school's vanced to April 15, 16, 17 . the Misfortunes of Law." ber/ December 1973 issue, page As to his t hird interesting still give weight to major A table will be set up on the As to Mr. Clay's first 27.) Furthermvre, nearly two­ assumption, that women are too collegiate sports activities and to third floor of Charles Hall prior assumption, to which he at­ thirds of all women workers are emotional; suffice it to say that Ivy League College graduate). to classes, and in between the tributed a "seemingly sound single, divorced, widowed, or emotion is not a peculiarly female end of the 1st session at 7:30 Kathleen O'Connell rational basis", that women seperated, or have husbands who attribute, any more than am- p.m., and the beginning of the Gloria C Barnstorf marry, have children and retire earn less than $7,000 a year . 2nd session at 8; 10 p.m. The from the profession, (a nd Fifteen million households in this Catalyst elections will be under the therefore why should admission country are not supported by a persons from all years, to offer control of the Chief Justice of the be grante d to such fi ckle (cont. from pg. 1) man. (Trial, supra, page 11, an t heir help and suggestions. This Honor Court and a ny characters, where applicants are a rticle by Repr esentative career, will be initiated in the law school is founded on ob­ representatives which he selects. equally qualified), the answer to Martha Griffiths, (D-Mich.). students first year through Legal jective team effort." When in­ The results will be posted on the such is -- so what! Assuming the Mr. Stuart's second Methods and Legal Research and formed of the SBA's failure to bulletin board on the 3rd floor of male/ female criterion should be assumption that most women do Writing. Following these courses establish and appoint students t Charles Hall. adopted for tw.o applicants, what not really want to be lawyers is, he will be required to take any committees, he noted t hat On this my last letter to the if there are three applicants, or of course, reasonable. Referring Appellate Advocacy, but not the students should approach Forum, I would like to express fifty, of equal qualifications? once again to t he Legal Trial Advocacy because it is felt him for representation, to be my appreciation to all those Exte nding Mr. Stuart's Economics News study, a group students have the opportun ity to placed on committees and offer people whose assistance was argument to such a situation, of women law graduates between learn these skills in t he in­ suggestion. Right now student invaluable to me over the past should not the admissions board 1955 and 1965 started at salaries ternship programs. help is asked in the Introduction year. I wish to thank Dean Curtis grant points based on whether $600 to $1,500 below those of As a great receiver of student to Law Course. and Dean Buddeke for their male and female applicants are m~n . The discrepancy was even 'participation, Dean Buddeke ''I'll listen to whatever patience with me, and for their married and/ or, therefore, their grea"~r in a group of lawyers !leaves his entire planning cycle students have to say, My door is generous and unselfish family's bread winner. Think of who had been practicing nine wide open to student suggestion. always open, whether students cooperation. I wish also to extend all the fun involved: we could years, when t he men earned "There should be permanent wish to discuss courses, careers, my sincere appreciation to Mrs. g iv e five points for bei ng from $9,000 to $15,000 per yea! .student committees, with or committees." Black, and to Barbara Cor rice ...ge6 The Forum April,1974 Supreme Court Notes

\cont. (rom pg. 14\ J ordan a lleged a de privation of T he Court of A ppeals af· hi s constitutional rights, feder al fi r med Jorda n' verdict, ruling .i urisdiction could be sustained t hat Ex parte Young, 209 U.S. once pe nde nt jurisdiction had 123 (1908 ). had clarified t he been gra nted. Ell'vcnt h Amendment to allow T he implicat ions o f t he t ht' award of monetar y Re hnquis t opinion ar e unclear in restit ut ion (he r r, fo r back lhe li ght of similar cases, s uch as pay me nts) as wrll as other r eli ef. t hose in w hich t he Civil Ri ghts TITLE Upon appeal to t he Supreme I\cts have been held to justify Court, J usti('e Rehnqui st noted fe deral jurisdiction. Presuma bly, fo r the majority t ha t Young, a t he majori ty is wary of "opening "la ndmark rl rcisiqn." had allowed t he fl oodgates be gr a ntin g to a Minnesota citizen to s ue in INSURANCE welfar e clie nts easy access to the feder<.l l ('o urt to e njoin that fe d e r a l judi c ia r y -- p e rh a p s state's Attorney Genera l fr om ,' s pecially so wher e s uch vast e nforcing a sta tute allegedly s ums would ultima tely be in violative of th e F o urteenth contention. Too, the Justices Ame ndme nt. On that basis, t he know as me n that assista nce and JUDGMENT Court a pproved the injunctive pr ograms ever y whe r e a r e re lie f granted to J orda n .. but struggling under a n a vala nche of reversed t he a ward of damages. pa per , a nd that the e nforcement The majority noted t hat, of unrealistic deadlines would not since J orda n sought to recover ease the delays in volved. By money from t he state, Illinois REPORTS ame nd ing t he Socia l Security was t he aet.ual s ubstantial party Act. Congr ess could r eadily all ow 111 inter est, ~~ d t hus J orda n's aggrieved r ecipien ts to pursue s ui t lay effectively against t he lheir cla ims in district courts: state itself. The Court of Appeals but t his idea sidesteps t he larger Our Owners' or Mortgagee had held t ha t, in a ny cas .... Illinois problem. For a ny re lief 1. 0 havf had "constructively consented" r ea l m ea ning, ha rd inte rna! to the s uit by its in vol'/eme m in Title Insurance policies are cha nges in the w e lfa r e the AABD progr a m a nd its mecha ni s.m are needed, a nd it agreeme nt to administer it in available to you and your clients seems doubtful t hat a nything complia nce with feder al law. less tha n ex ha ustive reform by But, t he Hig h Court held, Congress a nd t he states will do in the following: "('onstructive consent is not a t he job. doctrine commonly associated MIS ING: a 10 page student wit h t he surrender of con· paper on fi duciary duties of stit utional rig hts, a nd we see no Alabama, Arkansas, Delaware, District of corporate directors, since April place for it here." Sin ce Congress Columbia, Florida, Georgia, Kentucky, Louisiana, 4. P lease contact O'Neill, Law had not provided for express Maryland, MiSSissippi, New Jersey, New Mexico, Review office. waiver of E leventh Amendeme nt Summer S<: hool News North Carolina, Ohio, Pennsylvania, South immunity in setting up t he 1. ) An extra section of Equity has Carolina, Tennessee, Texas, Utah, Virginia, West program, t he state coul d not now al r eady been added in t he second Virginia, Puerto Rico and the Virgin Islands. be held to have exposed itself to session (TT ). li ability a t t he ha nds of a federal 2.) Criminal Procedure has been d istrict court. added in the second session T h ree disse nting opinions (MW). di puted t he majority reasoning. 3.) An extr a session of Ins ura nce J ustice Bre nne n ar gupd br ie fl y has been added in t he first tha t the li teral import of the

Placement Director (cont. from pg. 1) . 'quantity and quality of em- Gjarantee a nd as a much needed Placement ployment opportunities for Director for the law school. As COMPANY ~aduates . In addition, he plans one of the largest law schools in o e ncourage students to con- the country, the University of ~id e r employment in other states Baltimor e has now begun to where the job opportunities may round out its law school program An .flillate of Fidelity & Deposit C,.p.ny of MaryI .... oe more promising. . by offering to students not only a Mr. Watson will make a legal education, but a lso St.Paui & lexington Sts., Baltimore, Md. 727·3700 welcome addition to the law s pecialized assistance in putting 406 Mercantile Towson Building, Towson, Md. 825-4435 school staff, both as a teacher t hat education to use. Page 7 Aprll,1974 THE FORUM substantially aggrieved would be when ).he effects by such in · Class Actions and Federal Court able to obtain satisfaction. This dus try have cr ossed stat e take their class action into would at least give ma ny borders and impaired the rights by Jennifer Bodine the purpose and intent of Federal Court. It, as the Court potential litigants a fair chance to and property of innocent per­ sons. This past winter. in a 6-3 Congress in providing that said, is up to Congress to change challenge out of state industry decision in Zahn v. International. plaintiffs in diversity cases must the present situation. Congress Honor Court Memorandum 410 U.S. 925, the United States present claims in excess of the has exempted major areas of necessary. federal question jurisdiction It is necessary for the Honor Supreme Court delivered an specified jurisdictional amount. The Honor Code provisions from the amount in controversy Cour.t to make its position clear opinion which in no way could be At this point in time. we have no regarding the prohibition of requirement. These areas are in regarding the new examination considered a boon to the en­ good reason to disagree with cheating and toleration of the nature of admiralty, patents, system being implemented this vironmental effort. The Court Snyder v. Harris or with the cheating will be strictly enforced . . copyrights, unfair competition, Spring. The system allows all law held that the Federal District historic construction of the Cheating of any type will not be students to set the time most Court must be convinced to a jurisdictional statutes. left security regulation. bankruptcy, tolerated. This includes the use convenient for them to take their legal certainty that in a class undisturbed by Congress over and civil rights. of any aids during exams and the exams. It appears to be a most action suit, each member of that these many years." In view of this case and the solicitation or divulgence of any needed and well accepted change class must have suffered at least Many citizens understood this construction of federal procedure material contained in the exams. and one for which all students $10.000 damage. decision to represent the rules, it is incumbent upon If any violations occur. they ar(' can be thankful. In Zahn, a New York pulp mill • prevailing attitude that ecology Congress to further amend Title to be reported to the appropriate The burden is upon the discharged its wastes into the matters are of little import to the 28 so as to include exemption class Presenter of The Facts students to see that the system Ticonderoga Creek and were high court. However, in reading from amount in controversy for immediately. environmental class actions. The works and is not taken ad­ carried by that stream up to this case. it seems apparent that It is expected that all law federal rules should allow for the vantage of. If the system is to be Lake Champlain in Vermont; the Court was sticking to its students will respond ac­ aggregation of claims so that, continued and the trust which polluting the lake and damaging traditional purpose and cordingly to the new examination while minor annoyance suits the administration has placed in the value and utility of the procedure. being that of not re­ system and its inherent would not be permitted to jam us is not to be abused. the surrounding property. While writing statutory law through responsibilities. the court dockets, those parties cooperation of all students is there were approximately 240 case law. Clearly. precedent parties affected by the wastes. sustains the Court's decision only a handful were entitled by though the effect of such a the amount of damage. to enter decision has very serious im­ Federal Court. thus preventing plications. A good amount of the suit from proceeding as a environmental litigation can only class action. There are numerous be effectively handled if done in a areas where the amount of class action fashion. and in many damage done may easily be cases, where there is diversity of assessed. but there are other citizenship. long arm statutp.s numerous areas where damages notwithstanding, the Federal cannot be calculated in dollars Court system is the only A Totally Pragmatic and cents. How much damage is available forum before which all accrued when fishing is not as parties can be summoned. good as it used to be. or when the In summary. at present. too Review Course lake is not as clear as it once was. many concerned and injured or when debris floats to shore. or parties are precluged from the LIMITED IN SIZE where the air periodically stinks? most effective legal means of The Supreme Court affirmed defending their environment FEATURING: the lower court in holding that in against out of states polluters. a diversity suit, a class action They, for -the most part. cannot • Two volumes of course outlines of outstanding quality. under Rule 23(b) (3) F.R.C.P. is • Seven weeks of classroom explanation and discussion of past maintainable only when every and hypothetical bar exam questions and answers. member of the class. whether an • Quality Instruction by a young, dynamic faculty williDg to do appearing party or not. meets more than just what is required. the $10.000 jurisdictional matter Quickee Offset • A revised course designed to keep you abreast of recent in controversy amount of 28 USC Inc. changes in the law and the bar exam itseH. 1332(2). • Complete Multistate preparation including hundreds of sample The Court reaffirmed its questions and instructions in exam taking technique. holding in Snyder v. Harris • Tapes of classes available for use in case of any missed classes. which stated the well established Availability of our faculty to grade and/or critique any written rule that each plaintiff must have work submitted by any student. a $10,000 amount in controversy. • A course, limited in size, and taught at College Park, Maryland, This rule plainly mandates that on the campus of the University of Maryland. there may be no aggregation of XEROX 7000 COPIES • On the July, 1973, Bar examination, of our students who were claims for Federal Court and that (can reduce large taking the bar for the first time, 87% successfully passed the any plaintiff without a $10.000 originals) examination. dispute must be dismissed from FAST PHOTO-OFFSET the case. even though others PRINTING Materials issued upon payment of $185 allege jurisdictionally sufficient IBM COLD TYPE claims. The Court. in Zahn. went on COMPOSITION Call: (301) 434-1376 anytime, day or night to add. "Neither are we inclined COMPLETE Or to overrule Snyder v. Harris or COMMERICAL to change the Court's long Write: Maryland Bar Review Course, Inc. STAtiONERY AND standing construction of the Post Office Box 1 144 "matter in Controversy" LEGAL PRINTING requirement of the Federal 2303 North Charles Street Langley Park, Maryland 20787 Rules. The Court declined a like Baltimore,Maryland 21218 invitation in Snyder v. Harris 467-5800 Register Now For The January Or June Course after sweeping all relevant considerations and concluding that to do so would undermine ~ Page 8 THE FORUM April,1974

Alumni Officers Elected Dear Alumni; As I begin my term as The University of Baltimore The School of La w was the achievements to students from Alumni Association Annual next topic of discussion. Turner the community colleges in the President of the Alumni Membership meeting was held stated that the tuition could have area - Community of Baltimore, on Saturday evening, February been doubled to make the Law Essex Community College, Association, I look forward to a 16, 1974, in the auditorium of the School self-supporting, but if that Catonsville Community College, year of alumni activity and , Langsdale Library. Edward A. move had been made, the and Anne Arundel Community Johnston, Executive Vice Pres-' students would not have been Coll ege. alumni support. Only with your ident, conducted this meeting' 90% Marylanders. As the Fred Cuomo, Chairman of the at which officers for the 1974-75 University is serving the State of Association's "Games Night," cooperation can the Association year were elected. After Maryland, students from this announced that the Association welcoming the alumni, Johnston state should comprise the will hold a "gambling" evening at obtain its goals for the for­ recapped the following activities majority of the enrollment. the Mt. Washington campus in thcoming year. Our main ob- of the Association held since the The University of Baltimore October. Prizes will be auctioned last annual meeting in February now owns the entire block - at the end of the evening, and as ' jective is to inspire in our of 1973: The Alumnus of the Year Charles Street to Maryland this event is a fund raising ac­ Award Dinner in May, which A venue bounded by Oliver tivity, donations for prizes will graduates a spirit of loyalty and honored Judge Sklar, the im­ Street and Mt. Royal Avenue. be solicited from the alumni. mediate past President; the The State of Maryland will Cuomo requested alumni to through this to increase both the annual golf tournament . in become the possessor of ap­ volunteer contributions. An­ September ; the Association proximately twenty million nouncements of the date, time, financial and psychological support of the University. The financial sponsored trip to Majorca in dollars - the cost of replacement and place for the function will be support is, of course, necessary, but of prime importance is the ad­ November; and the annual of the school - in assets and mailed to the alumni. luncheon in January of 1974 a pproximate ly two million James Elliott, Chairman of miration and devotion which is shown by speaking well of your school, during the mid-winter meeting of dollars in debts - the amount still the Golf Tournament, spoke ~ the Maryland State Bar outstanding on the Academic about the attendance at the supporting its administrative officers, showing your pride in the school Association. He commented on Center. September '73 Golf Tournament the fact that involvement of The role the University will and said that, because of the of which you are a graduate, commending its President and Board alumni in the fund raising ac­ play within the State College decreasing number of alumni meITjbers on the growth and development which they have stimulated, tivities of the Development System, according to Turner, is who participate in this all day Office had resulted in 2,644 now being planned. The affair, plans are underway to and by attending University and alumni functions. Let's develop and alumni contributors for the '73 legislation proposes grad ute and change the format of this year contrasted with 2,269 for professional schools in addition tournamen't. His committee is maintain an esprit de corps which will be the envy of alumni of other 1972. Details of the fund raising to the upper division un­ recommending an afternoon were given to the alumni by dergraduate school. tournament instead of a day long institutions. Let's make loyalty our key word. Charles E. Gresham, Jr., Vice In closing, Turner com­ event and is suggesting that a President for Development. mented on the progress that the bull roast be held on a separate I sincerely hope that before my term as President is completed I H. Mebane Turner, President University has made in the past date. Elliott asked alumni who of the University, spoke about will have had the pleasure of meeting with you, of sharing your ideas ten years and asked the alumni are interested or who have ideas the status of the University and to consider what the next ten for this function to contact him or its plans for the future. He an­ and of working with you for the advancement of the Association. With years will bring if its develop­ to call the Alumni Office. nounced that legislation for the ment continues at the same rate. Gresham, who is handling your involvement in the affairs of the Association we will be able to State of Maryland to incorporate Nominees for the offict:s group travel, then discussed the University into the State during the 1974-1975 year were future alumni trips. He informed make 1973-1974 a great year. College System had been passed then announced as follows: the audience that within the next by the General Assembly. President; Daniel Friedman, six to eight weeks questionnaires His remarks then concern('d . J.D. '57 containing requests concerning Sincerely yours, the affiliations of Eastern College Executive Vice President: group travel will be mailed to the of Commerce, Mt. V!'rnon School Edward A. Johnston, B.S. in graduates. Alumni may Daniel Friedman, J.D. '37 of Law, <\Ild - -the Baltimore Acctg. '47, LL.B. '49, LL.M. '57 designate places they wish to College - ol' Commerce with the Vice President, School of visit, months of the year they President University. These institutions Law: V. Charles Rinaudo, J.D. wish to travel, and length of time were started with practically the '51 they want to stay. The alumni same philosophy as the ' Vice President, School of are urged to complete the 10. Reservations are no longer being considered. University, and now that they Business; Henry A. Heinmuller, questionnaires and to include any available for this trip as it was a Following the announcement have merged the alumni number Jr., B.S. '62 suggestions or recommendations complete sell-out by January 10. of activities, Johnston urged the approximately 18,000 persons. Vice President, College of they wish. In August there will be a deluxe alumni to participate in He mentioned that the Liberal Arts: Frederick J. The first trip in 1974 is the trip to Munich, and brochures Association sponsored activities, association with Baltimore Cuomo, B.A. '68 low-cost, budget trip to Athens concerning it will be mailed to to send in suggestions and College of Commerce has not yet Recording Secretary: Joyce scheduled for departure' on April alumni within the next few recommendations, and to check been completed, but if it is Ann Heath, B.A. '69 weeks. A six-day jaunt to their addresses with the Alumni completed by the date the Treasurer: John K. Smith, Jamaica in November is now Office if they are not receiving University becomes a state B.S. '71 mail from the University and the in stitution, the date of the Alumni Representatives, Association. founding of BCC - 1896 - will University Forum: Ronald become the founding date of the Landsman, LL.B. '69; Richard University. He explained that an Stutz, B.A. '70 Baney to be Honored institution is privileged to use . The alumni voted the earlier date after con­ unanimously for the slate of solidation with another school. . candid'ltes as presented. selected to receive the award League, past chairman of ad­ Turner emphasized that the Charles E. Gresham, Jr. then which has been presented in the visory board of Stella Mari~ University was forced to become informed the alumni a bout past to many prominent Hospice, a nd is now Vice a public emigration of the details of the fund ralsmg population to the suburbs and projects during 1973. He said Univer sity of Baltimore Chairman of the Greater Govans stated that higher ed uca tion is that the percentage of alumni graduates because of his out­ Committee. based on great growth. The same contributors was about the same number of pupils were enrolled as in 1972, but the amounts of standing service to the school, Mr Baney is a trustee of in the first grade this year as donations were greater. He then the alumni association, and the Lincoln Memorial University, a were enrolled last year. In his listed categories in which the community. Mr. Baney earned a member of both the Uni versity of opinion, public education in contributions had been allocated Maryland must be supported by as follows: Unrestricted degree in business ad­ Ba ltimore Alumni Association the State. However, he stressed $117,000; President's Fund - ministration from Baltimore Board of Governors and of the t he im por tance of the · $7,000; Academic Center - 'eemergence of the City of $41,000; Law Review, Law College of Commerce and a Juris University of Baltimore ~a l timore with the new con­ Library $5,000; Langsdale Doctor Degree from the Educational Foundation, and is a ,truction, the new roadways, Library - $1,000; Athletic Field Uni versity of Baltimore. He was Class Representative of the Class etc., and he called attention to House - $105,000; Scholarship the fact that the University is Endowment - $3,000 ; Faculty awarded an Honorary Doctor of of 1935. located in the heart of arteries Sa lary Endowment - $400 Laws by Linco ln Memorial Note; Tickets for the Eighth leading to the city. Accounting Gr ant - $1,100; President Turner advised the Eastern College Endowment - The University of Baltimore University. His professional and Annual Alumnus of the Year alumni that t he Educational $700; Baltimore College of Alumni Association will honor , civic memberships include both Award Dinner are available in Foundation has a half million Commerce Endowment - $7,500; the Baltimore City and Maryland the Alumni Office at the dollars accrued to which the Total Contributions Edward J. Baney, Chairman of remainder of approximately two $291,116.51. the Board of the Midstate State . Bar Associations, University of Baltimore, 1420 million dollars from University Gresham stated that the Federal Savings and Loan American Savings and Loan North Charles Street. ,Reser­ savings will be added when the. Educational Fo~ndation which is school becomes a state in­ administered by U of B alumni Association, as t he 1974 Alumnus Institute, Advertising Club of vations may be obtained by stitution. The Foundation will be , will give three scholarships this of the year at the annual Alumni Baltimore, and Maryland ca lling the Alumni Office (727- the vehicle to award scholar- . year based on academic Association of Real Estate ships, faculty endowments, etc.,., Award Dinner on May 29, 1974, 6350, Ext. 262). All reservations and he requested the al umni to at Blue Crest North in Pikesville. Boards. He is a past president of must be in the Alumni Office by continue their contributions. Edward J. Baney was Maryland Savings and Loan May 24, 1974. April,1974 THE FORUM Page 9 Alumni Hear Burch at January

Luncheon Luncheon The Attorney Gene:'al of remarks by congratulating lhe Maryland then spoke of the long school and giving his best wishes situation is not a pattern of the list of distinguished University of for continued success. profession or of education; it is Baltimore graduates in many Charles Rinaud!l thanked the' the ability to be counted on the fields· legal, business, education. Attorney Gf'neral and ter· side of marality . the ability to He said that the University is minated the program by distinguish right from wrong. offering education to enable requesting the support of all The Attorney General said that persons to make proper alumni. for future Associat,on each person must live with his jUdgments. He concluded his events. own conscience and his own deeds and although neither America's laws or judicial system are perfect they are entitled to respect by every citizen until Class News I changes by legislative enactment or invalidated through judicial Class of '35 Class of '66 process. He emphasized that our . John L. Winslow Jr., LL.B.; Gary M. Sapperstein, J.D.; Chief process of law is taking care of Assistant Vice President, Deputy Clerk, U.S. district Court 1 Watergate, and he believes Fireman's Fund American In- Daniel Friedman, Dean Joseph Curtis, Francis Burch, H. Mehane Domenic R. Iamele, LL.B.; citizens understand that surance Companies, San Turner Private Practice, Office of Philip Watergate was not caused by Francisco H. Goodman Class of '62 his office are students of the Francis B. Burch. Attorney any particular economic, : social, Aaron A. Baker, LL.B.; District Raymond E. Jones, J.D.; Senior' University of Baltimore Law educational, or professional General of Maryland, was the Court Judge, Baltimore City Vice·President, legal. industrial guest speaker at the Alumni School. group. He said that the heart of Class oI '37 John K. Burkley, LL.B.; relations and secretary, The Association sponsored luncheon Mr. Burch then spoke about this or any other scandal is the Associate Manager, Fidelity & National Brewing Co. at Hunt Valley on January 4 the misconduct of high govern· basic ability to distinguish Deposit Co. Class of '48 during the mid-winter meeting of ment officials and of the spec­ between right and wrong. Some Peter D. Ward, J.D.; Assistant the Maryland State Bar tacle which now confronts the other points made by Mr. Burch Edward F. Borgerding, LL.M.; A ttorney General, Criminal Association. American people whose high were that a recent survey District Court Judge, Baltimore Division of the Maryland State Law .Department V. Charles Rinaudo, government officials have been showed that the legal profession City Class of '53 Class of '65 Chairman of the Luncheon accused of involvement in ranked second to medicine as the Richard H. Schuerholz, LL.B.; Ben L. lrvin, LL~B.; Director, conspiracy, perjury, bribery, and Committee, welcomed the alumni most desirable profession for a Associate Manager, Fidelity & Office of Tariff and Trade Af· obstuction of juistice. He and their guest and then in· young person and the fact that Deposit Co. Class of '55 fairs. U.S. Department of the lroduced the persons at the head mentioned the names of the some of our public servants Treasury table. After the introductions atorneys who have been involved misuse their power is not reason Martin A. Kircher, LL.B. Albert E. J. Hofmann, LL.B.; Dea"h Joseph Curtis -Qf the in Watergate and said that never enough to believe that all do. District Court Judge, Baltimore City Class of '58 Sales Manager-Consumer, Univer'sit~'s School of Law spoke before has the legal profession Thousands of men inpublic life Loctite Corporation, Newington, briefly about",new Law School been under such wide-spread are conscientious and honest, Horace Lehneis, J.D.; President, Connecticut Class of '67 service which - is being attack by the average citizen. He men of character and principle. Maryland Society of Professional inaugurated in July of '74· Po Law commented that this situation Unfortunately their names are Engineers Class of '59 Ronald W. Deise, J.D.; Senior School Placement Serv.jce. h'l~ made it difficult for the publicized because "misdeeds are Class of '64 Staff Accountant, The Arundel Richard H. Keller, LL.B. William Weston, formerly tne layman to maintain confidence in news while good deeds are not.. .. Corporation Class of '70 Supervisor, Charter Division, Executive Director of the men of all professions. He said The pronouncement on the Edward J. Lang, J .D.; Regional State Department of Baltimore City Bar Association, that people now wonder whether Watergate participants will Supervisor for Baltimore City, Assessments and Taxation will head the office. Upon education breeds the competence likely be more severe from the Division of Court and Com· Frederick L. Dewberry, LL.B.; request interview rooms will be of graft and for years to come American people than from the munity Services of the Maryland County Administrative Officer, available at the University. Dean historians will ponder the judicial system. The need to Department of Health and Curtis asked the alumni to question of why men of good examine one's self to make Baltimore County, Maryland Mental Hygiene '~ Juvenile :onsider University of Baltimore background and excellent decision based on both Services Administration Class of '73 ~aduates and students when education would engage in the knowledge and morality is being

~ mployment opportunities arise. travesty of Watergate or permit brought home. H. Mebane Turner, President others to do so. Mr. Burch had of the University, addressed the found that the men who par· group and after expressing his ticipated in Watergate were not pleasure in being with them, motivated by personal gain but Curlander Law Book Co. outlined the plans for the solely by the attainment and 539-4716 University's future as an upper retention of power. He spoke of 525 N. CHARLES STREET division and graduate school the fact that these men even said BAL TIMbRE. MARYLAND 21201 when it becomes a member of the that they did these things for State College System. He an· national security and that they nounced that several graduate saw nothing wrong in b!"eaking Case Books -- Prepared Briefs programs will be instituted. into psychiatrist's offices to Attorney General Burch secure confidential records and T.xt Books -- began his speech by praising the using government agencies to University for the instruction punish their enemies. However, Gilll.r' SUllllaries which is being given to the Mr. Burch feels that Watergate students in the Iniversity's is not solely the property of the u. C. C. Handllook School of Law and said that the legal profession because writers Office of the Attorney General is and business executive were also L.w EXI. II .,,, fo M,'f'sf.f. I., Ex ••s very proud of the graduates of a part of the travesty while the U of B who are in that office. lawyers are on the other side of "Oil. and MAIL ORDERS Eight of the twelve law clerks in the controversy. Thus, according tl, filled to Mr. Burch, the present prollp Page 10 THE FORUM April,1974

organizations can only be as good been less than was desired. The become involved and help the as the students who take an Notes from the SBA School of Law has put together a efforts of Law Day. interest and get involved. If you ELECTION banquet. Therefore, please let very worthwhile program for the STUDENT INVOLVEMENT want things to change only you benefit of the community. It is There are many things oc­ can do it. Change and im­ The elections for Student Bar your SBA rep or any officer imperative that we have student curring within your student provement can only corne from officers was held Wednesday, know how you feel. If you want volunteers tc visit area high government. Many more things you. Only you can make it April 10, 1974. I would like to your senior banquet, please say schools and discuss various could and should be happening. happen. If you have any ideas or offer my congratulations to all so. The cost is supposed to be aspects of the law with the The only thing that can make suggestions, or perhaps those candidates who were covered by your graduation fee students. This will be a very them happen is YOU. If you don't problems, please contact your successful and encourage of $35 - the choice is yours. rewarding experience for anyone care then no one else will either. SBA Rep or visit the SBA office everyone to support them in Please let us know what you involved. I urge all of you to The Law School and its student and give us your input. their efforts to continue to im­ want to do. prove the standing of the Law HONOR COURT School on a national footing while After careful and extensive still maintaining a dynamic and deliberation the Executive BEIGHT BAR REVIEW SCHOOL expanding law school program Committee of the Student Bar for our students. Association has appointed the Classroom Located One Block Inside Capital Beltway SEPARATE GRADUATION following students to fill the 9423 Georgia Avenue - Silver Spring, Maryland Unfortunately, there will be vacancies on the Honor Court. no separate graduation. There The Executive Committee would are many factors that must be like to make it known that all of considered when the idea of a the nominees were highly .separate graduation is ap­ qualified individuals, thus MARYLAND BAR EXAM proached, not the least of which making this decision most dif­ is how much it will cost and when ficult. Short Course Commences June 3, 1974 and where it will be held. We We feel · that these three Registrations are now being taken ha ve not given up hope, students possess the requisite however, and we will continue to judicial expertise to represent work for a separate graduation the Constitution, the Student with our own speaker and Body, and to enforce and in­ IL-. _FO_R_JU_L_Y_, _19_74_B_~_R_E_X_A_M__ J program. We have been able to terpret the Honor Code. make progress and it is in­ Gary Cassell Associate Justice cumbent upon those of you who Mark Snyder Associate Justice FOR FURTHER INFORMATION, are concerned about a separate Robert Steinberg Associate Justice graduation to continue to work CONTAO: toward this much needed end. These appointments were made pursuant to Article XI SENIOR BANQUET Section 3 of the SBA Con- THOMAS L. BEIGHT We have had no real word on stitution. Said appointments are 570-0 North Frederick Avenue, Gaithersburg, Maryland 20760 what is happening with regard to effective immediately. the senior banquet. As many of In addition to the new ap­ you know, the undergraduate pointments, the two remaining Phone 948·6555 or 460-8350 students took a vote as to positions, Charles Hollman and whether or not they wanted this Dick Zimmerman, were reap­ yearly event. The problem is that pointed to serve with the new they were voting on how your appointees. money will be spent. Certainly the law students should be LAW DAY allowed to have a voice in the The student response to Law decisions concerning the senior Day, up to the present time, has

Faculty Study: I : i A Closing Word \ sequent grades given them, a by Jim Hopewell compelling reason exists for I~ ! In the concluding part of a keeping them confidential. series presented in the Forum on Students, however do have to HOMEMADE SALADS our Faculty, Dean Joseph Curtis make decisions that could be ' ~ stated that he was opposed to the greatly aided by the published HOMEMADE SOUPS pu blishing of the results of any results of a survey of student survey taken of student attitudes at ti tud es on the facul ty. DELI SANDWICHES toward their teachers. Ap­ Students certainly wouldn't be parently aiming to justify the bound by the results of such a .....__ ----IIII,1iIII • #",.-...... - ..,,~- refusal to publish, the Dean survey when selecting their argued that the School also courses, but such information 1204 MY. ROYAL AVE prohibits the publication of would be helpful. ACROSS FROM student academic records. There is also the argument GOODYEAR The persuasiveness of this that the results of such a survey position is questionable. would actually improV(- the Tl'achers do not have to make faculty's performance. rlecisions that would be aided by , Even by simply publishing I i knowledge of student's academic the results of such a survey, records. In fact, to any extent more attention will be focused on that known student academic the faculty, and this would be in records could influence sub- the best interests of the School. April,1974 THE FORUM Page II

Opinion declaration of war. Surely he also lime we establish such a stan­ who soon politicized the office. abused his office when he involvement with Bobby Baker. dard and not permit hate. ac· Impeachment threatened the Spaniards in his We were generally silent during In addition, "dirty tricks" were cusations and innuendoes to hide acquisition of the Florida the Bay of Pigs fiasco and didn't acceptable as long as Goldwater under a mask of hi~h id('als. by Donald Lorelli territory. seem to mind the misuse of was the recipient. Lynch-mob tactics have no plact' government power in the "get Justice Oliver Wendell Andrew J ackson should have write this not only as one in a civilized and democratic Holmes once stated: "A cat­ been impeached for his Hoffa" campaign or in the tap­ who voted for McGovern. hut society. al so as one who was involved chword can obscure the truth for responsibility for the genocide of ping of Martin Luther King's telephone for "foreign in­ actively in his cmpaign long countless years." Today's catch­ American Indians through his F:ditor's Note: It is the puli('y of telligence reasons." be fore the ew Hampshire word is the name of the largest ordered forced march of the The Forum to present hoi h sid,'­ Lyndon Johnson entered primary. A double-standard of commercial property in Indian population across half a of ('ontroversial iSSlll". The politics a poor man and left the political morality cannot be Washington, the apartment continent during which untold Forum a sumes no responsibilll~ Office of the Presidency toleratN!. 1'\0 one has the right to complex on Virginia Avenue, thousands died of starvation, the for l'ithpr the content or accural'Y cast the first stone. Admittedly, N.W. It's Watergate. cold and of exhaustion. allegedly worth over $25 million. of stall'ments express,'o in (hi< we should all strive to raise a Nixon has been the bete noire President Lincoln initiated Yet, none of us raised voices to arl icle. single standard together. It is of American politics since the the draft without the approval of initiate a n investigation into his early days of his career. Congress. He suspended the writ Beginning with him, no longer do of habeas corpus in parts of patriots respond when the Maryland and ordered a blockade President ca lls. When Nixon won of southern ports. Through his the Presidency in 1968, he sought orders over 13,000 persons were . Humphrey to be our arrested and confined by the representative in the U.N. He military for resisting the draft was turned down. He asked Sen. Congressional approval? Henry J ackson to be his President Wilson sent an Secretary of Defense. He was incursionary force into Mexico to turned down. He then asked , capture Pancho Villa and also David Rockefeller to serve either ordered American merchant as Secretary of Defense or of the ships to be armed. Both acts Treasury. He was turned down. were committed after Congress He asked William Scranton to refused to grant him the serve as Secretary of State. authority to do such. Same response. As Ted White How about t he great mentions, "the big men would American President FDR? not join him." Whatever their Thanks to Roosevelt over faults, Nixon cou ld at least count 110,000 Japanese-Americans on people like Mitchell and were stri pped of a ll savings and Haldeman. pl'l'perty and hauled off to Today we are told through concentration camps for being hysterical vituperation that guilty of nothing but arousing Nixon isn't fit to be President the hystl'ria of most other because of his "political Am('ricans. morality." And under the Doar- Truman's sending of troops to Jenner impeachment guidelines Korea and his own "Saturday for the House Judiciary Com­ night massacre" when he fired mittee, a president can be im ­ General M,1cArthur? Or his peached fol' almost anything, attempt to take over the including his attitude. How do Am('rican steel industry? Im­ .Nixon's predecessors fare under peachment, anyone? lll'e3.~ guidelines and the media's What of the modern era? 0 criteria", voices were substantially raised Thomas J"p.'fferson would have over the 1960 vote frauds in to have been impeached for Illinois, Texas and Missouri. abusing his powers of office by Modern critics were silent when Our Officer Selection Officers are looking for a few good college men­ sending a war fleet to 1'ripoli JFK appointed his brother the Attorney General of the U.S. - maybe 3 out of 100-who will make good Marine officers. If you're one of without asking Congress for a them, we'll give you a chance to prove it during summer training at Quan­ one inexperienced in the law and tico, Virginia. Our program is Platoon Leaders Class, PLC. With ground, air and law options. You might even qualify for up to $2,700 to help you through college. But if money is all you're looking for, don't waste your time. Law Review Editors The challenge is leadership. If you want it, work for it. If you 've got it, show us. It's one hell of a challenge. But we're looking for one hell of a man .

The Law Review Faculty Committee and Board of Editors are pleased to announce the Board of Editors for the 1974-75 academic e 2.74 I year: .I Tha ------Mannas", Please send me information on.. Box 38901 Marine Corps Platoon Leaders I Editor in Chief Rignal W. Baldwin Los Angeles, California 90038 Class. (Please Print) Executive Editor Judith O'Neill I Articles Editor Ronald R. Jewell I Name Age I Notes & Comments Editors Steven Aaron Allen I Address I Joseph Persico City State Zip _____ Recent Developments Editors Ronald Carroll School Class of Stephen M. Hearne I I Book Reviews Editor Richard Haynes I Phone Social Security # I If you are a senior, check here for information on OHicer Candidates Class O. Business Editor Michael H. Davis ._------_. Page 12 The Forum ApriJ,1974 Alumni Officers elected at Annual Membership Meeting stated that higher education is Edward A. Johnston, B.S. in The first trip in 1974 is the The Uni¥ersity of Baltimore '. Acctg. '47, LL. B. '49, M. '57 Essex Community College, low -cost, budget trip to Athens Alumni Association Annual based on great growth. The same t+. number of pupils were enrolled Vice President, School of taw: V. Catonsville Community College, ·scheduled for departure on April Membership meeting was held in the first grade this year as Charles Rinaudo, J.D. '51 .1lnd Anne Arundel Community 10. Reservations are no longer on Saturday evening, February were enrolled last year. In his Vice President, School of Coll.ege. a vailable. for this trip as it was a 16, 1974, in the auditorium of the opinion, public education in Business: Henry A. Heinmuller, Fi'Ild Cuomo, Chairman of the complete sell-out by January 10. Langsdale Library. Edward A. Jr., B.S. '62 Association's "Games Night," In August there will be a deluxe ,Johnston, Executive Vice Maryland must be supported by the State. However, he stressed Vice President, College of announced that the Association trip to Munich, and brochures President, conducted this Lhe importance of the Liberal Arts: Frederick J. will hold a "gambling" evening at concerning it will be mailed to meeting at which officers for the reemergence of the City of Cuomo, B.A. '68 the Mt. Washington. campus in alumni within the next 'few 1974·1975 year were elected. Baltimore with the new con­ October. Prizes will be auc­ weeks. A six-day jaun't to After welcoming the alumni, Recording Secretary: Joyce Ann struction, the new roadways, Heath, B.A. '69 tioned at the end of the evening, Jamaica in November is n'b~ Johnston recapped the following etc., and he called attention to Treasurer: John K. Smith, B.S. and as this event is a fund raising being considered. activities of the Association held Lhe fact that the University is '71 activity, donations for prizes will Following the announcement since the last annual meeting in located in the heart of arteries Alumni Representatives, be solicited from the alumni. of activities, Johnston urged the February of 1973: The Alumnus leading to the city. University Forum: Ronald Cuomo requested alumni to alumni to participate in of the Year A ward Dinner in President Turner advised the Landsman, LL.B. '69, Richard volunteer contributions. An: Association sponsored activities, May, which honored Judge alumni that the Educational Stutz, B.A. '70 nouncements of the date, time, to send in suggestions and Sklar, the immediate past Foundation has a half million The alumni voted and place for the function will be recommendations, and to check President; the annual golf dollars accrued to which the unanimously for the slate of mailed to the alumni. their addresses with the Alumni tournament in September; the remainder of approximately two candidates as presented. James Elliott, Chairman of Office if they are not receiving Association sponsored trip to million dollars from University Charles E. Gresham, Jr. then the Golf Tournament, spoke mail from the University and the Majorca in November; and the informed the alumni about about the attendance at the Assoication. annual luncheon in January of savings will be added when the details of the fund raising September '73 Golf Tournament 1974 during the mid-winter school becomes a state in­ stitution. The Foundation will be projects during 1973. He said and said that, because of the Math & Myth meeting of the Maryland State the vehicle to award scholar­ that the percentage of alumni decreasing number of alumni Bar Association. He commented interests of some children, is of ships, faculty endowments, etc., contributors was about the same who participate in this all day on the fact that involvement of fundamental significance. as in 1972, but the amounts of affair, plans are underway to alumni in the fund raising ac­ and he requested the alumni to donations were greater. He then change the format of this IV. CONCLUSION tivities of the Development continue their contributions. The School of Law was the listed categories in which the tournament. His committee is Ha ving determined that the ' Office had resulted in 2,644 contributions had been allocated recommending an afternoon mathematical implications alumni contributors for the '73 next topic of discussion. Turner as follows: Unrestricted tournament instead of a day long contained in EPTL 5-3.2 year contrasted with 2,269 for stated that the tuition could have $117,000; President's Fund event and is suggesting that a (a)(l)(B)(ii) and (b) are neither 1972. Details of the fund raising been doubled to make the Law School self-supporting, but if that $7,000; Academic Center bull roast be held on a separate mythical nor illusory in fact, and were given to the alumni by $41,000; Law Review, Law date. Elliott asked alumni who that said mathematical im­ Charles E. Gresham, Jr., Vice move had been made, the students would not have been Library $5,000; Langsdale are interested or who have ideas plications are not merely President for Development. 90% Marylanders. As the Library - $1,000; Athletic Field for this function to contact him or manipulative devices benefiting H. Mebane Turner, President University is serving the State of House - $105,000; Scholarship to ca ll the Alumni Office. a select few, for any of these of the University, spoke about Maryland, students from this Endowment - $3,000t; Faculty Gresham, who is handling reasons, there is no basis in my the status of the University and sta te should comprise the Salary Endowment $400t; group travel, then discu.'lSed opinion, for reforming the its plans for the future. He an­ majority of the enrollment. Accounting Grant - $1,100; future trips. He informed the provisions of the statute. nounced that legislation for the The University of Baltimore Eastern College Endowment _ audience that within the next six With respect to any alleged State of Maryland to incorporate now owns the entire block - $700; Baltimore College of to eight weeks question aires inequity as to the financial in­ the University into the State Charles Street to Maryland Commerce Endowment - $7,500; containing requests concjJrning terests of some individuals, even College System had been passed Avenue bounded by Oliver Total Contributions group travel will be mailed to the if valid in fact, this monetary by the General Assembly. Street and Mt. Royal Ave. The $291,116.51. graduates. Alumni may inequity is I beleive greatly His remarks then concerned State of Maryland will become Gresham stated that the designate places they wish to overshadowed by the broad the affiliations of Eastern College the possessor of approximately Educational Foundation which is visit, months of the year they social equity accomplished by the of Commerce, Mt. Vernon School twenty million dollars - the cost administered by U of B alumni wish to travel, and length of time statutory provisions under of Law, and the Baltimore of replacement of the school - in will give three scholarships this they want to stay. The alumni consideration, and therefore College of Commerce with the assets and approximately two year based on academic are urged to complete the conclude overall, that the University. These institutions million dollars in debts - the achievements to students from questionaires and to include any provisional areas of EPTL 5-3.2 were started with practically the amount still outstanding on the the community coll eges in the suggestions or recommendations heretofore discussed, are not in same philosophy as the area - Community of Baltimore, they wish. need of revision. University, and now that they Academic Center. The role the University will have merged the alumni number play within the State College approximately 18,000 persons. MG - JAGUAR - AUSTIN - JENSEN - HEALY System, according to Turner, is He mentioned that the now being planned. The association with Baltimore legislation proposes graduate College of Commerce has not yet and professional schools in ad­ British Imports been completed, but if it is dition to the upper division completed by the date the undergraduate school. University b~comes a state In closing, Turner com­ institution, the date of the Ltd. mented on the progress that the founding of BCC - 1896 - will University has made in the past becoine the founding date of the ten years and asked the alumni University. He explained that an' to consider what the next' ten 828-0010 institution is privileged to use years will bring if its develop­ the earlier date after con­ "WE SELL AND SERVICE ALL ment continues at the same rate. solidation with another school. Nominees for the offices Turner emphasized that the IMPORTED MOTORCARS" during the 1974-1975 year were University was forced to become "Discounts for students of University of Baltimore & Maryland Law Schools . . ~~n announced as follows: a public institution in order to Immediate Financing 1028 York Road, Towson, Maryland survive. He mentioned statistics Presi~: Daniel'·Friedman, co ncerning the emigration (of the J.D. '57 Exit 26 off Beltway population to the suburbs and Executive Vice' President: ;"

April,1974 The Forum Page 13

H E R B I E o

by Marty McDonough

. , SBA Course Committee Law student imput is needed by the SBA Curriculum to help evaluate the present list of available electives. GINSBERG & GINSBERG Next to each elective write in one of the following: Would take · W Would never take · N Bar Review Courses Have taken · H Have taken and would not recommend continuance - HN

D Administrative Law o Jurisprudence For Baltimore & Silver Spring Juvenile Law D Admiralty o D Labor Law D American Foreign Relations Law Announcing D Law & Medicine D Anatomy for Lawyers Bar Review Courses D Collective Bargaining D Law & Psychiatry For The D Common Market Law D Law & Social Reform Mar.yland Bar Examination D Comparative Law D Legal Accounting & Multistate Bar Examination D Competitive Business Practices D Legal History D Conflict of Laws D Legislation We are now accepting applications for D Cororate Finance D Local Government Law enrollment in either a seven week D Current Constitutional Issues D Military Law course or a Twelve Day Course. D Criminal Procedure D Modern Land Transactions The Seven Week Course Begins: o Debtor-Creditor Relations D Moot Court Baltimore: Tues. June 4, 1974 Domestic Relations D D Mortgages D Environmental Law Silver Spring: Wed. June 5, 1974 o Practice Skills D Equitable Remedies & Damages o Product Liability & Consumer Protection D Estate Planning The Twelt'e Day Course Begins: ,C Public International Law D Federal Jurisdiction & Procedure Baltimore: Twelve Days Before the D Roman Law D Future Interests Silver Spring: July, 1974 Bar Exam. D Securities Regulations D Government Contracts Suretyship D Government Regulation of Business o Students will receive study materials upon D Trial Advocacy D Insurance enrollment in the course. More materials D Workmen's Compensation will be delivered to students at the D International Business Transactions beginning and during the course. D International Law

Law student input is needed by the SBA Curriculum Committee to help List any other courses you evaluate the present list of available electives. THIS IS THE BEST COURSE would take if offered. Input is also needed by the SBA Orientation Committee to evaluate: The students are taught the law and how to apply it to specific situations. Introduction to Law FOR FURTHER INFORMATION, For this section, put either: . CALL OR WRITE -... YES - meaning you feel this course is worthwhile and should be continued Ginsberg & Ginsberg OR NO - meaning you feel this course is not worthwhile and should not BAR REVIEW COURSES be continued. 612-614 Maryland Trus, Building NOTE: GIVE THIS TO YOUR SBAIESBA REPRESENTATIVE OR Baltimore, Maryland 21202 DROP THIS OFF AT THE SBA OFFICE. Telephone (301) 539-4750 Page 14 The Forum April, )974 THE FACULTY, Part III: The Administration's Faculty Policy by Jim Hopewell participation in activities outside to reward faculty for outstanding doing so, then it can't be done as Forum: There has been some school? (Note: Part III, an interview performances although he can a matter of school policy." comment, both pro and con, on Curtis: "Yes, it's desired if there with Dean Joseph Curtis, was generally expect to remain in his forum: What if the purpose of the current performance of the is any association with their taken following the survey original grade for two-three publishing a survey's results was faculty committees. Are you professional life. It improves the conducted among faculty years, depending on his original to make it a matter of public satisfied with their performance? teacher himself and the members, which is presented in rank. record? Curtis: "The committees meet as "The criteria for promotion reputation of the school." Part II.) Curtis: "That would not be often as there is work to be done, are first and most important, Forum: Do you believe that the Forum: The response among sufficient. We,also do not publish a lthough don't support teaching effectiveness; service tc School should give financial faculty members, as indicated by your grades "ud a students meetings just for the sake of L'.B. and the public, and support to aid faculty members the responses to the faculty academic file i~' ~onfidential." meeting when there is no sub­ recognition of accomplishments, in joining local bar associations? questionnaire, is that the Law Forum: Can the survey be stantial reason to. both publisiling and other Curtis: "That's a questionable School Administration has distinguished on the basis that "Currently the Curriculum projects in which expenditure of school funds." created an encouraging and particular students are paying for a ser­ Committee meets quite faculty members make con­ Forum: Is Administration policy co ngenial atmosphere for them, vice? freq uen tly, the Selection tributions to the profession." Curtis: "The fact that students designed to stimulate an and has given them complete Committee has a voice in the Forum: The last three criteria pay tuition is not persuasive:" energetic faculty? control over the manner in which appointment of new members, for pr'lmotion are relatively Forum: If the faculty, voting as a Curtis: "I hope so. There is no they handlp their teaching and the Library Committee has objective. How do you measure whole, agreed with publishing publish or perish syndrome here, assignments. Is this by design? and will now meet to deal with teaching effectiveness? the survey, what then? but the faculty is encouraged to Curtis: "Yes. The faculty are matters raised by the S.B.A. Curtis: "I measure it by my own Curtis: "Then I would reluc- become involved with writing, deemed by me to be the best Library Committee." knowledge of how well a faculty tantly agree with publishing its research, or otherwise serving judges of how they cover F.orum: "Some faculty members member works with his own results." the profession." materiels and instruct their have expressed unhappiness at classes, the rapport he has with Forum: Returning to another Forum: "Are you satisfied with classes. If a person is though t having to teach different courses, his students, the time faculty matter, who makes decisions as the level of involvement in these qualified to join the faculty, that which seems to be each year. members give to their student to the promotion and tenure of areas?" should mean that the Ad· Curtis: "This happens in a contacts and the amount of faculty? Curtis: "Yes." ministration and other faculty growing faculty. There is some guidance given to his students Curtis: "They are usually made Forum: Do you foresee in- have confidence in their ability to advantage in stabilizing faculty academic life." by the recommendation of the creased involvement in the do so." teaching, but there are also Forum: Two years ago, a Faculty Committee on Selection, future? Forum: Arguably the faculty advantages in not confining comprehensive survey of student Promotion, and Tenure. The Curtis: "Definitely. When the could become too secure and faculty to the same courses each opinion of their teachers was Committee doesn't promote faculty grows to full strength, insulated from the pressures of year. The main effort is to assign taken, but the results were never however, the U. B. President teaching leads can be reduced to the "outside world," pressures teaching in the areas of most published. Would you now be in with authority of the Board of accommodate other activities, that students "must eventually interest to the individual favor of publishing the results of Trustees, promotes with the say in a couple of years." face. Do you think that our teacher." such a survey? Committee's and my recom- Forum: Thank you sir. faculty is too insulated from Forum: Do you believe in faculty these pressures? Curtis: ''I'm in favor of taking a mendations." Curtis: "The term insulated survey, but I'm strongly opposed could have many meanings, but to publishing the results beyond in the sense that I think that you showing the results to the Supreme Court Notes: mean it, no the fac~lty is not too Administration and to the in­ The Welfare Quagmire and The Eleventh Amendment insulated. dividual faculty member being "The faculty is accountable to evaluated. W. S. Whiting of an Illinois procedure which the Administration and to some "Students, as a whole, are Illinois Public Aid Director, Aid to the Aged, Blind, and disallowed assistance for any degree students for their per­ good, if not the best judges on Edelman, . plead the bar of the Disabled (AABD) is a member of nonths prior to an ,applicant's formance. Administration policy the performance of a faculty Eleventh Amendment, which that labyrinthine family of :iling. Illinois' regulation directly is to reward, within its ability, member. But in my experience denies federal jurisdiction over federal-state bureaucracies contravened the more generous outstanding performances, and occasionally I meet long time litigation against a state by ostensibly directed toward federal eligibility rule which, in not to reward below average graduates who later found a citizens of other states. providing prompt and necessary effect, provided payments to performances." particular professor, who he Although, by interpretation, the assistance to the unfortunate, cover a period of disability before Forum: While wp're on that thought little of while in school, Court has tended to extend the For reasons that defy ordinary the client sought sid. The client, subject, what are the criteria for has taught him more than others immunity to suits brought by concepts of accountability, the Jordan, further complained that tenure and promotion? on the faculty of whom he citizens against their own state system often moves in a halting his own application had not been Curtis: "With respect to tenure, thought highly. So there are in federal courts, the bar is not and unpredictable manner in processed for almost 4 months-­ U.B. as a whole, subscribes to the exceptions to students being the without its limits. Jordan rendering its services--and two months beyond the federal policy of the Ameriran' best judges. countered that the suit was w here a client feels he has been deadline. His prayer in U. S. Association of Unive~sity "There is no objection to actually directed toward a state wrongfully slighted, the beast District Court sought Professors, the American Bar students communicating bet­ official. that the Eleventh can throw down a formidable declaratory and injunctive relief, Association, and the Association ween themselves, opinions on Amendement would not sanction series of procedural and including a permanent order for of American Law Schools. That is various faculty members. But I state acts depriving him of jurisdictional obstacles to keep full award of all AABD benefits a person who has taught, full- do object to the publishing of a constitutional rights, and that the client and his check at a withheld in alleged violation of time for six years, will receive survey done under the auspices Illinois' acceptance of federal respectable distance from one federal law and of equal tenure if and when he is ap- of the Law School." funds for AABD impliCity another. protection of the laws. pointed to his seventh year of Forum: By "auspices", does that recognized the jurisdiction of the HEW administers t he payment The District Court granted teaching. include the taking of class time to federal court. relief, and upon appeal, the " However a Law School distribute questionnaires? of Federal monies for the ------~ Committee has previously Curtis: "Yes. Continuing with program and issues regulations which, among other things, set If You're Not considered the subject of tenure what I was saying, a survey of and has recommended that the student opinion means that the maximum permissable time Working On requirement be reduced to four Administration, the faculty and standards for the state to process years with tenure going with the the students are joining together AABD applications and to send The Forum appointment to the fifth year. to improve teaching within the assistance checks. In Edelman v. Next Year This has to be passed on by the school. But as soon as it becomes Jordan (42 LW 4419, 3/25/74), ar faculty as a whole." a matter of debasing a faculty AABD recipient · sought, on ..u're wh~stl~n. Forum: And promotion? member by broad publication of behalf of himself and other ~nt"'_"". Curtis: "This is one of the ways results without any objective in clients, to challenge the legality April,1974 The Forum Page 15 377 (1881). Neither of these objections fasten effectively to viola tion of due process of law. Tipping the Balance: the ongoing Senate select sub­ These cases indicate that l he committee, and the strict appointment. by the legislative limitations suggestcd 10 the branch of the federal govern­ latter decision (narrowly con­ The Trial of Executive Will ment, of a special prosecutor is In the court's view. the strued in Daugherty. infra) lend subpoena ordering dpCuments. ('onstitut ionally valid, with some "teaching" of Reynolds. supra. support to any enforcement Editor's Note: W. StanwoOd and prevailed; it W!iS held that restrictions. was that the court should at­ proceedings from the present. Whiting was the winner of the some documents are immune In a recent symposium, tempt to dete-rmine the need for impeachment inquiry by the Forum·SBA·ESBA Essay both to subpoenaing parties and scholars discusspri rpasons for effective pribilege without House Judiciary Committee. by Contest on "Lawlessness in the the court's in camera inspection. removing the choice of such an unnecessary probing; "there can the Court's e ndorsement of U.S. Government". The winner where the Attorney General investigator from the President. be executive privilege that will "judicial sanctions for received a $100 award for the showed that the public interest "Th" Profession TAhs on MI'. bar the production of evidence." proceedings legitimately judicial essay printed here. Evaluation of protected the documents from Nixon," Vol. 2, No.4, Stud.' nL but it is the courts' role to decide. in nature." the essay was made by three disclosure. and the subpoening Lawyer 18-26 (1973). The 360 F. Supp. 11. 5. Any other McGrain v. Daugherty led a faculty judges and represen· party failed to show an over­ president of the Am('rican Har approach would "breed un­ series of decisions upholding the tatives of the sponsoring balancing need for their Association, Chesterfielri Sm i ! _ ~. bearable abuse." and to restrict constitutionality of legislative organizations. production. However. the parties was cited as testifying before the lifting of the privilege to the probing and sanctions for non­ to the controversy there were the House Select Committ(,<, on The· present swirl of con· compliance. 273 U.S. 135. 47 S. two private litigants in an "final remedy" of impeachment stitutional controversy involving Ct. 319. 71 L. Ed. 580 (1927). The REform of Federal Crimin;1I essentially nongovernmental would mean the lack of the President. the Congress. and Senate special committee to Law, that where th(' President action. and the production of "deterrent in any but the most the courts has focused attention investigate alleged misconduct in appoints such a special government documents was held excessive cases." Id .• n. 9. upon the extent that executive the Department of Justice prosecutor, there is an "ap­ merely incidental to the actual Anticipating possible prerogative may be .- and has physically compelled the ap­ pearance of conflict of interest." civil litigation. The Court in­ defiance of the decision. the court been -- lawfully or unlawfully pearance of a witness. by the Harvard Professor Laurence H_ dicated some criteria for the cited two pre-eminent exercised, what legal tools are Sergeant at Arms, who had Tribe cited the "necessary and application of the privilege precedents for judicial challenge available to discover its excesses, failed to honor two subpoenas. proper" clause of the Con­ doctrine in United States v. to presidential power. the "Steel and the means by which any The court specifically endorsed stitution :IS enabling Congress to MilIs'~ and Burr treason cases -­ Reynolds. including the rule that excess may be corrected. The in the first, the court noted, the use of subpoena and its make the appointment, and the the head of the subpoenaed catalogue of activity publicly "though the Court's order went e nforcement to procure in­ co nstitutional ffTant of authority. department alone may claim the charged to the direct control of formation about subjects of according to Dean Albert M. immunity to be -effectively in­ to the Secretary of Commerce, it the incumbent President in­ was the direct order of President possible legislation. Sachs, allows the prosecutor to voked. 345 U.S. 1,7,8.73 S. Ct. However. the delegaLion of ~des conflicts of interest. Truman that was reversed." In be "non-fireable." Most per­ 528. 532. 97 L. Ed. 727 (1953). investigative power to specially suppression of evidence. the latter. the Chief Justice suasive is the argument of The decision further dealt with empowered individuals (or violations of civil rights, ob­ indicated the use of guidelines to Professor Paul Freund that Art. the need for confidentiality in struction of justice. tax evasion. groups of two) by the legislative 2 S 2 of the Constitution permits military affairs, and for free and safeguard presidential offices branch has met with stricter Congress to give the courts the and misuse of pulilic funds for against possible abuses of open discussion among lower­ scrutiny by the Court. The power to appoint: .... ,the personal benefit. This litany of process. See Youngstown Sheet ech~lon officials. United States v. Watkins decision. supra. was Congress may be Law vest the particulars variously lodged and Tube Co. v. Sawyer. 343 U.S. ProctOl" & Gamble added the critical of the exercise of full investment of such inferior of­ against the present ad­ 579. 72 S. Ct. 863. 96 L. Ed. 1153; propositrnn that where a Grand compulsory authority by two ficers, as they think proper .. in ministration underscores the United States v. Burr. 25 Fed. Jury was used only for civil gain, larger problems posed by the committee members with a the Courts of Law .. " The case even where the United States Cas. No. 14 .692d (1807). tripod of federal power. Where broad charter of jurisdiction by law on point is generally limited was a party to the action. Counterposed to executive unlawful acitivty is imported to the House. Too, in Sweezy v. to decisions affirming the courts' privilege is the qualified executive privilege would be New Hampshire, the Court found right to appoint commissioners, the executive branch. what authority of Congress to conduct upheld as to documents allegedly the breadth of the state Attorney clerks, etc., but Ex parte Siebold, constitutionally permissible investigation into practices or demonstrating injurLous General's mandate from the 100 U_S. 371, 25 L. Ed. 717 methods of investigation may be conditions alleged contrary to government misconduct. 25 legislature in investigating discusses the apparent im ­ used by the legislative and the national interest. "An in­ F.R.D. 455 (D.N.J. 1960). Such subversive activities equivalent pregnability of this constitutional juducial branches? vestigation is part of lawmaking cases represented the state of to the absence of valid authority, authority. Article I of the United States _. It is .. an adjunct to the case law on the problem at the with respect to the use of con­ Petitioners objected, inter Constitution specifically provides legislative process .. The critical time of In re Subpoena to Nixon. tempt sanctions. 354 U.S. 234, 77 alia, to non-judicial duties given that Congress has sole authority element is the existance of. and 360 F. Supp. 1 (D.C.D.C. 1973). S. Ct. 1203, 1 L. Ed. 2d 1311 to the circuit court by Act of to impeach and convict the the weight to be ascribed to. the which confronted the issue of the (1957). But the decision upheld Congress. where the court was President. But impeachment is interest of Congress in validity of the doctrine as applied the use, in itself, of the Attorney required to appoint supervisors an extreme and unfamiliar demanding disclosures from an by the President to certain tape General as a one-man in­ of election with duties allegedly procedure with radical con­ unwilling witness." Watkins v. recordings subpoenaed by a vestigating committee arm of the "entirely executiv e in character." notations to the Congress and its U.S .. 354 U.S. 178. 187. 77 S. Ct. Senate subcommittee. legislature; the Court's objection By illustration, the Cour t noted electorate, both steeped in the 175. 1 L. Ed. 2d 1273 (1957). In The court held that the lay in his use of power in that marshals were usually emergent tradition of the Watkins. however, petitioner's District Court had jurisdiction to presidential imperative. decide the issue of executive right to refuse to answer certain Moreover, this ultimate remedy privilege as asserted by the questions was upheld on the may exceed the limited wrongs President. and not the President basis of the vagueness of the allegedly committed by himself; that the court had the language authorizing the in­ e x e cut i v '< sub 0 r din ate s , authority to order the President vestigation. "UnAmerican" being ostensibly acting in some form of to comply with the Grand Jury a n adjective s usceptible of good faith and beyond the scope subpoena as to unprivileged various meanings. A similar of their authority; arguably, evidence in his possession; and constitutional objection doomed their communications should that the court's in camera in­ the contempt conviction of a remained veiled from public spection of the tapes would be financier in Kilbourn v. scrutiny in the interest of en­ req uired to balance the "forcible Thompson. where the Court couraging candor and openness. hinted that the investigation. by showing of necessity" by the This doctrine of "executive a special House subcommittee, Grand Jury against the need for privilege" found support jn was "fruitless." i.e .• "could result protecting presidential Stiftung v. Zeiss. 40 F.R.D ;319 j in no valid legislation on the (D.D.C. 1966), where the deliberations -- thus privileged subject to which the inquiry portions would be excised and no Stan Whiting receiving award from Dan DiBenedetto. Looking on are Government sought to ~dify a referred." 103 U.S. 168, 26 L. Ed. further disclosure made of them. Bart Walker & John Geiss[rightJ. t . .. age 16 April,1974 The Forum

Executive Will may, as Clinton Rossiter insists, Presidency (2d ed., 1960). But, as the fusion of both popular which provides the ultimate (('ont. from pg. 15) ha ve little practical restraining he notes, the "most effective sovereignity and the limit of balancing vector in the federal appointed by the President and va lu e on a despotically inclined check upon the President" is the "fundamental law." McCloskey, structure of power, and Senate but that Congress could President; "for most practical opinions of the populace. Id ., at The American Supreme Court promotes the limitation of place the authority to bestow the purposes," he observes, "the 68. Of para~lel import in Robert (2d ed., 1967), 12, 13. It is the Presidential will through the position elsewhere. Regardless President may act as if the G. McCloskey's theory of the reali zation of , the political instrument of challenge by the of the "impropriety" alleged, the Supreme Court did not exist." Supreme Court as a consciously strength of the electorate in 'judicial and legislative branches. Court stated that "neither the Rossiter, p. 54, The American political body, contending with regulating executive excess President, nor any head of identity crisis that could be department, could have been Faculty Part II 'school work and outside work Lastly, one teacher thinks remedied in part by the faculty equally competent to the task." (cont. from pg. 3) should be weighed in deter­ tl\at the faculty in general should mining the courseload that a developing a better reputation in be Illore self-critical in regard to Id., at 398. It was further held in has attained tenure, claims that student could take. the Maryland legal community, its tc

The entire BRI Modern Maryland Bar Review Course is $195.00 plus a refundable $25.00 deposit on the written outline materials.

VETERANS' BENEFITS All of our classes ~re approved for Veterans' Benefits. In order to obtain benefits, students should first write to the Veterans' Benefits Office, 2033 M Street, N.W., Washington, D.C., or the Veterans; Administration; Regional Office - Federal Building, 31 Hopkins Plaza, Baltimore, Maryland 21201 (Baltimore students), and ask for a Change of Program Form.