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11-1969 The aC veat, November 1969

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I F YOU THINK YOU'RE RIGHT Willie Brown To STAND UP AND FIGHT! Speak At Golden Gate Editor - Walter Gorelick The Student Bar Association will "I cannot sign Series I because my be­ present the Hon. Willie Brown, member liefs are not based on religion but rather of the California Assembly, as a guest on philosophy ..." "My ethics are based speaker on Monday, December 8th at on a reverence for life ..." 12: 30 in the 5th floor auditorium. The foregoing words were written by a Assemblyman Brown, an attorney, young native of North Carolina, William represents the 18th district in San Fran­ Martin, to his draft board as an adden­ cisco. In the last session of the legislature, dum to his request for conscientious ob­ he was a member of the following com­ jector status. Under the 1967 Selective mittees: Education, Elections and Consti­ Service Act, Sect. 162.14,50 U.S.C. App. tutional Amendments, Urban Affairs and Sect. 456 G) the law has given preference Housing, and Select Committee on Cam­ to religious conscientious objectors over pus Disturbances. someone who is conscientiously opposed to war, but for non-religious reasons. PEACE MARCH PLANS Hence, Martin was classified I-A and later Golden Gate Constitutional Law Pro­ found it necessary to refuse induction in fessor Mrs. Judith Grant McKelvey Attorney Terence Hallinan, the San Francisco. (See "Like It Is" column, page 3) western coordinator for the New Mobili­ William Martin had his day in court zation Committee's November 15th several weeks ago and I attended the trial EDITORIAL march in San Francisco, said at least five as a personal friend of the defendant. The speakers with a wide range of views have preliminary motions interestingly were NO BUSINESS AS USUAL agreed to speak at the Golden Gate Polo made on October 15th, the day of nation­ The time for debate is over. We Grounds Rally. The speakers are: former Senator Wayne Morse, Southern Christian al protest against the Vietnam war. We agree with the New Republic Magazine entered the Federal Building on that day Leadership Conference chief Dr. Ralph (September 1969) that "Richard Nixon strengthened by the thousands assembled Abernathy, Chicago Eight defendant Ren­ has had eight months in which to pry us outside and the conviction that the hour nie Davis, Black Panther Chief of Staff loose from the trap in Vietnam and has of decision is at hand for America. Per­ David Hilliard, and farm worker union not done it. He has promised withdrawals haps a challenge to the draft law through leader Dolores Huerta. and ordered some, but over a half-million Bill's personal commitment and the con­ Entertainers at the 2:00 P.M. rally, U.S. troops remain. He has said that the stitutional challenges raised by his attor­ following the march, will include Phil greatest honor history can bestow is the ney Michel Willey would in some way Ochs, Arlo Guthrie, and Buffy St. Marie. title of 'peacemaker,' but he marches to right some of the injustice others were the drums of the generals in Saigon and March routes and further information will protesting in the street outside. be posted on the Law School bulletin on his Asian trip described Vietnam as The factual situation in Bill Martin's boards. America's 'finest hour.' The only force case was similar to what occurred in U.S. that can assuredly move him to get us out HIGH SCHOOL SPEAKERS PROGRAM vs. SISSON, currently on appeal before is public opinion, fed up finally with the For a large number of urban adoles­ the U.S. Supreme Court. In the SISSON killing of 39,000 Americans, and the cents, secondary education is, unfortun­ case, 297 Fed. Supp. 902 (1969), Judge wounding of a quarter of a million ately, an irrelevant, frustrating, and un­ Wyzanski, in essence, ruled that the 1967 more." motivating experience which does little to draft law was unconstitutional on 1st and We call upon our fellow students to enhance the social functioning of the in­ 5th Amendment grounds. Attorney Wil­ join the Saturday, November 15th, peace dividual. High school civics and citizen­ ley, using SISSON as a basis, argued that march in San Francisco and help make it ship classes fail to relate in terms of prac­ Martin should be acquitted because the the largest demonstration of popular tical day-to-day situations. The evolution Draft Act encourages the establishment opinion on the most important task fac­ of law or the Bill of Rights as taught in of religion and restricts the free exercise ing the American people - the ending of the abstract bear little relevance to the of religion contrary to the guarantees of the Vietnam war. temptations of narcotics, theft, or statu­ the 1st Amendment. Further, the Draft No business as usual until the tory rape and the reality of repossession, Act, under which the defendant was clas­ troops come home must become a mean­ eviction, and criminal prosecu tion. sified and ordered for induction, deprives ingful slogan to the administration in A program jointly sponsored by the defendant of his liberty without equal Washington. This peaceful exercise of Law Student Division of the American protection of the laws guaranteed to him constitutional rights on November 15th Bar Association and the San Francisco continued on back page will be such a start. continued on back page White Juries And Black Defendants Under The Law Of The Land By Attorney Fay Stender non-white communities of either the precisely that true understanding, which Franck, Hill, Stender, Ziegler north or the south. leads to a judgment not based on the fear and Hendon The British in 1776 were not more which the dominant white group feels o~ Post Kerner Report (President's Na­ foreign than the white police officer in the rising, militant black group, or ever'. tional Advisory Commission on Civil Dis­ the black community of the late nineteen to an identification with the motivations orders, 1968) officially admitting that sixties; the language of the British and the and actions of the black defendant, which white racism is a genuine American dis­ colonists was more similar in tone, nu­ the district attorney wishes to exclude ease, responsible for disorders previously ance and shared values than that of the from the jury? officially attributed to the faults of blacks suburban or hill white community and The district attorney wishes to ex­ and other minority groups, the district the black ghettoes of today; the taxes clude those persons biased in favor of the attorneys of this State, and closer to levied by the Crown were less oppressive defendant; in the racial confrontation sit­ home, in Alameda and San Francisco than the unemployment of the blacks, or uation he assumes that the black juror counties, either permit, condone or en­ their disposition by selective service to will be sympathetic to the black defend­ courage the trial deputies to peremptorily the jungles of Southeast Asia today. ant. The operation of the other processes excuse the last few blacks who survive Yet the relations between the of exclusion and the fact that the blacks selection and excuse procedures, which blacks who take arms, symbolically, or in are still a minority results in the presence weed out minority and poor citizens be­ self-defense, against these conditions, and of so few blacks in the jury panel that the fore they ever reach the jury box. the whites who impose them, are defined district attorney can exclude all blacks Black defendants are today being by white legislatures; the laws interpreted from the jury, not just those whom he tried by all-white juries for alleged of­ and enforced by white policemen, their feels to be pro-defendant in the classical fenses often arising out of confrontations reports submitted by white prosecutors sense in which every attorney intuits who in the black communities with white to white grand juries, their criminal is a good juror or bad juror for his client. A police officers who patrol, but do not charges tried before white trial juries; and The reader is referred to the unpub- • reside in those communities. Within the upon conviction, sentences are imposed lished opinion, available in the Alameda past few months, Black Panthers Charles by white judges and served in jails and Superior Court records, by Judge George Bursey and Warren Wells were tried in penitentiaries run by white sheriffs and Phillips. PEOPLE vs SMITH, (No. 42219, Alameda County by all-white juries, and prison officials. July 1968), where a mistrial was declared so was a young black student, Wayne The political power of black people when the district attorney exercised 26 Greene. is increasing, (as is that, at perhaps a peremptory challenges, the majority of Recently, in San Francisco, Black slower rate, of other minority ethnic which were against non-whites, and in Panther John Bowman was tried by a jury groups in the United States) and it is true fact excluded all non-whites sitting a~ from which Municipal Judge Donald Con­ that due to the recognition and exercise part of the prospective jury. Judge Phill• stine permitted the deputy district at­ of this power there now are a few black lips held that these facts and circum­ torney to peremptorily excuse all blacks legislators, a few black judges and deputy stances were such as to logically and rea­ who were seated in the jury box. district attorneys, a handful of black sonably lead to the inference of a con­ Amongst the plethora of charges against grand jurors, a few black deputy sheriffs scious intent on the part of the district John Bowman, which the City and Coun­ and employees in correctional work. And, attorney to exclude non-whites as a group ty of San Francisco spent the communi­ although substantially upder-represented, or category from the jury. ty's funds in prosecuting, were the there are black persons in the master jury Before reading the exhaustive and charges that he violated a city police code panels. analytical treatments of the legal impedi-a regulation forbidding posters to be placed Thus, at the final moment when ments to abolishing the practice, and the. upon telephone poles (by posting an­ there is, despite all of the obstacles1 to decisions by which the white majority has nouncements of the hearing in the United selection of jurors from a fair cross sec­ maintained not only its power but a ra­ States District Court on Huey Newton's tion of the entire community, a chance tionale rhetorically consistent with the application for bail pending appeal) and that a black defendant on trial may be Constitution, the reader, and especially charges of battery and trespass growing judged by a jury with at least one or two the law student, is urged to take the time out of Bowman's visit, by invitation of members of his own community, race, to visit the Superior Courts of Alameda the Black Student Union, to Balboa High peer group, with an understanding of his County and watch the process in action, School. language, culture, motivation, problems and count. The writer had recent occasion to and pressures and aspirations; the per­ As he sits there watching black af- visit Lexington and Concord, to see the emptory challenge is used to exclude ter black peremptorily excused, perhaps educational film shown at these monu­ either all or most black people who ap­ the white observer can try to imagine ments to the American Revolution, and pear in the jury box. how he would feel being judged on a examine the literature describing these If it be argued that this is just the criminal charge, perhaps an alleged per­ sacred initial engagements of the Revolu­ historic use of the peremptory challenge, sonal assault, upon a black person, by a tion, all emblazoned with the physical where reason need not be given, the result jury of twelve blacks, as he sought to symbol of the rifle and musket. The nevertheless compels an examination of explain the. circumstances of the incident memorial to the fallen British at the the reason. Is not the reason precisely with all of the assumptions, premises and Bridge, near the Minute Man himself, ex­ based on the factors listed above; that the frame of reference inherent in the poshA presses a warmer compassion, a closer cul­ black juror WILL understand the black tion of the white person in relation to" tural tie between the colonists and the defendant and listen, if not sympathetic­ blacks. British than may be found today between ally, at least with comprehension, to the One wonders if the district attor­ the predominant white society and the black defendant and his witnesses? Isn't it neys who employ this practice have ever -2- continued on back page II ed by all these events. The leader of those this?) ... "Because we're open, notorious . . Like It Is!" unaffected by the affected was the court and hostile (Oh wow!) ... A CASE OF jester Duncan - Duncan ... he was heard PLANNING ... Tony Rothschild's wed­ By SAM DeLORENZO to say poignantly "Come on, you guys ding date was selected so as not to con­ . .. who cares about that junk ... let's _GREAT MOMENTS IN HISTORY- flict with any football or baseball games have a beer blast!" · .. he was, in effect, married on an off­ ., THE BATTLE OF Back at Faculty Meadow the battle weekend ... Dean Bader's wife gave birth FACULTY MEADOW was fast and spurious ... each side claim­ to their third child ... congratulations to Once upon a time, in the golden ing a victory. Prince John, in a rare at­ the new dean ... a very busy man ... kingdom of Gate there was one Prince tempt at humility, declared his intention THE SCHOOL PICNIC ... a big success John, a strong-willed monarch who saw to listen to the protests of the peasants · .. plenty of beer (where was the Barr?), fit to commit himself and his kingdom to in the future ... that is, AFTER he and food, sunshine ... Softball game between support a protest against the Hundred the court took further "unofficial" stands faculty and students ... 2-2 tie ... Gold­ Years War to be held in that year on on political issues. After this "capitula­ en (with the help of Lerch and "whiz October 15th. The Prince advised his tion" the "triumphant" opposition rode kid" Jones) was able to keep the student Court and his Ministers of Public Instruc­ away on their asses shouting, "Three power in check for four scoreless innings tion to refrain from indulging in matters cheers for Prince John." MORAL: IT'S · .. Another picnic scheduled in May .. . of import on that day that other king­ ALL IN HOW YOU LOOK AT IT! Do yourself a favor and don't miss it .. . doms had voted to close down in protest SBA and all connected with the picnic of the useless killing of the war. The ADMINISTRATIVE LACK OF did a great job. Minister of Morality - Golden "Fat City" RESPONSIBILITY - FAILURE TO Rule - was joined by his five colleagues FUND MOOT COURT PROGRAMS in voting to accept the Prince's advice and Golden Gate has an identity prob­ thereby abiding by their convictions and WHO'S WHO ... lem ... ("Golden Gate? Where's that?") _ the Prince's and his subjects. Judy McKelvey (Jude) ... Con Law prof ., But all did not take kindly to the This has resulted in a monstrous inferiori­ ty complex which a concerned student and faculty adviser for Law Survey ... Prince's procedures. Prince John and his graduated Univ. of Wisconsin Law School Court were subjected to the ignominy of body, led by Geoff Russell and Jon Rut­ ledge, are trying to remedy ... with the · .. taught for Univ. of Maryland's rebellion in the kingdom of Gate. European Division in Athens and Darm­ "Who dares dissent from the dis­ help of the administration. So far the administration, whose responsibility it is stadt for 3 years ... passed Calif. Bar in sent?" spake P.J .... Some peasants were '67 ... married to retired Lt. Col. McKel- to upgrade the reputation of the law heard to shout, "The Prince doth assume vey ... Because of her European ex- too much in spaking for me and thee - school, has failed to assist the Moot Court Board with any funds. perience in teaching, she decided that she Awithout asking we." would like to teach at a small law school The flimsy excuse ("We haven't got ., The Prince duly relied on his royal in S.F .... a small law school in S.F. any more money.") is not acceptable to a heavies in the Court to silence the rebel­ decided that she would be a welcome very concerned student body. We don't lious opposition ... Duke Stuart of addition ... they were right ... her only mind HELPING the administration to do Blecher, the Royal Secretary, Baron complaint is about her husband .. . their job but we do mind having to do it Rothschild, Chancellor of the Exchequer, "When I went to work, he quit" .. . by ourselves! If this school is to attract and Sir Percival Lerch, Chief of Surveil­ SOME VIEWS: Vietnam ... "Get out as the kind of students who can and will lance (yea-verily- he can't even call balls soon as possible ... it was a mistake ... advance the reputation of this law school and strikes). The leader of the peasants only question now is how to disentangle" in national competition, the administra­ - opposed to the Moratorium was one · .. Marijuana laws . .. "Silly to outlaw .,Baron von Zubel and his hard-working tion must "fmd" the necessary funds IM­ MEDIATELY! · .. matter of individual conscience" ... yeoman Stephen ... ably assisted by a Student Activism .... "Involved students The amount needed in proportion veritable Maid Marlene - a very foxy lady serve necessary function i.e. dissent ... who had no small voice, as many were to the stakes involved is minimal. We hope that the administration's incredible we all have a moral obligation to be in­ wont to wish. volved in what's going on around us." The opposing forces were seen excuse will not kill one of the school's maneuvering in and around Faculty most worthwhile and necessary programs. If the necessary funds are not allocated, Leo Paoli ... Assistant Dean, Criminal Meadow where von Zubel hoped to force Law prof ... Golden Gate Law graduate the issue by forcing Prince John to sign a this administrative lack of responsibility will help to cause an even greater annual · .. taught at S.F. Law School ... mar­ Magna Carta which would guarantee that ried with three children ... Reasons for his highess would desist in making pro­ exodus of the kind of students who would make up the Moot Court Program teaching ... "I like the intellectual chal­ nouncements without asking the Baron lenge in the classroom - stimulating." and his men (and women) where they to the other area "name" schools. This amounts to a rather abysmal failure on SOME VIEWS: Vietnam ... "Get out" stood. The Baron was overheard issuing · .. Capital Punishment ... should be de- commands in a heavy, Prussian accent ... the part of the administration to clearly see what the law school's needs and pri­ clared unconstitutional - cruel and un­ "Ve shall not gif up von foot ... retreat usual punishment ... Grass laws ... is out of ze question." "Right," seconded orities are and should be. Need we say more? "Ridiculous - predicated on unproven Stephen (some said far right.) "The war assumptions ... Criminal law should be must not be recognized by this kingdom e MISCELLANEOUS revamped to reflect present-day social - at least not until we are asked whether values with minimum interference with we recognize it or not!" John Rutledge's third year class individual's right to do as he pleases ... With that the issue was joined. Of football team is called the "Adverse Pos­ as long as it doesn't result in harm to course, some in the realm were unaffect- sessors." Reasoning (are you ready for others. -3- GRADUATE DEFERMENTS Mitchell, Northern District Calif. March ALUMNI NOTES A male law student, like virtually 31, 1969, 2 SSLR 3014, and it seems In answering a request for informa­ every male under thirty in the U.S. today, likely that other judges will follow suit in tion, J. Russell Pitto writes that he is has draft problems. One problem facing this District. employed by the San Francisco City At­ graduate students particularly, is the ef­ Approval of Armendariz has not torney and presently assigned to the PUb-, fect of that provision in the 1967 draft been universal, however, and many courts lic Utilities Commission as Administrative law which provides that no student who have refused to grant pre-induction relief Assistant to the General Manager, James has had a 2-S deferment after June, 1967, to graduate students in similar circum­ K. Carr, former Undersecretary of In­ is eligible for either a I-S(c) to enable him stances. The Tenth Circuit held that pre­ terior of U.S. under Stewart Udall. to complete the current school year if he induction judicial review was barred in Thien Koan Ng writes, "I have just is ordered for induction in that year, or RICH vs. HERSHEY, 408 F.2d 944, 2 received a L.L.M. degree in taxation from for the otherwise statutory 3-A defer­ SSLR 3011. George Washington University (Sept. ment for men with children. (50 USC Some courts which may have re­ 1969) and started working in the tax de­ App. 456 (h)(i)) fused to grant pre-induction review find partment of Touche Ross & Co. in New The courts have exhibited concern that refusal to grant the 1-S(c) is a valid York City." over this provision, since the effect is to defense to a prosecution for a subsequent Martin Friedman in Anchorage, penalize students wishing to do graduate refusal of induction. See U.S. vs. Amos, 2 Alaska, sends the following obscurantist work. Local Board Memo No. 87, issued SSLR 3194, U.S. vs. Rundle, 2 SSLR note: "I will need a law desk next sum­ by the Selective Service System, held that 3195. mer and Chris has a leather shop in the the provision applied to every student Although the situation is fluid, any basement." who had had a 2-S deferment, graduate or law student who has not had an under­ Philip R. Weltin has recently joined undergraduate, since June, 1967. While graduate deferment since June, 1967, and the firm of Cooper, White & Cooper in the provision has been upheld as to stu­ who is ordered to report for induction San Francisco. dents with undergraduate 2-S, it has not during the school year should request a Ron Bass writes that he is an unem- a been uniformly applied to students hold­ 1-S(c) and consider an attempt to enjoin ployed bar result waitee. Well, Ron, if. ing graduate deferments at that date. his induction. you knew what some other recent gradu- The first case decided on this issue Besides the decision in Schafer vs. ates were doing, things might be worse. was that of ARMENDARIZ vs. HER­ Mitchell, the District Court for the North­ Alumni Joe Thomson, a Bay Area SHEY, 1 Selective Service Law Reporter ern District of California, which has a Attorney, points out that his son James 3323, decided January 27,1969. The fact reputation for fairness to selective service H. Thomson is now enrolled at Golden situation was typical. Armendariz was a registrants, has made other recent deci­ Gate Law School, evening classes, 1 st graduate student who was not holding an sions with far-reaching consequences if year. undergraduate 2-S on or after June, 1967. they are followed here and in other juris­ Erik Michael Kaiser of the class of a He was ordered to report for induction, dictions. 1968 has recently joined the law firm of. ' requested a 1-S(C) the local board was The right of a registrant to be classi­ Chase, Rotchford, Drukker and Bogust in required by law to give if the require­ fied by a board made up of his neighbors, Los Angeles. He is also an instructor at ments were met. The Board refused the a concept at the root of the local board Glendale College of Law, Glendale, Cali­ 1-S( c) on the grounds of Local Board system, has been upheld in two recent fornia. Memo No. 87. Armendariz sought pre-in­ Northern District cases. Judgment of ac- duction judicial review, which was grant­ quittal was ordered by Judge Peckham in ..------______• ed on the grounds of OESTE REICH vs. U.S. vs. BELTRAN, 2 SSLR 3202, when 39-45 STEVENSON SELECTIVE SERVICE SYSTEM, 393 the defendant showed that only one U.S. 293, 1 SSLR 3215. OESTEREICH, member of the local board lived in the which concerned a deferment for a divin­ area served by the board. .CE.Btl ity student, held that pre-induction judi­ Since then, Judge Zirpoli has fol­ cial review was available, despite the legis­ lowed BELTRAN and ordered a judg­ "t. wu \ Sea FbIIf.i4r1 lative prohibition in draft cases, in situa­ ment of acquittal in U.S. vs. DeMarco, 2 FINE CANDIES .. PASTRIES tions where the deferment was statutory SSLR 3204. In DeMARCO defendant MADE TO ORDER and not in the discretion of the local showed that, of the four persons who had board. The District Court for the Western served as board members during the time SANDWICHES District of Texas held that the 2-S provi­ he was classified, only one lived in the * sion did not apply to graduate students area. Further, it appeared that fourteen RELAXING ATMOSPHERE holding only graduate 2-S since June, members of various other local boards 1967, and enjoined Armendariz's induc­ lived in the area served by DeMarco's * tion. board. Judge Zirpoli held that there was a OUR OWN BUTTER-RICH Shortly thereafter, the District sufficient showing that it was "practica­ PASTRIES & CANDIES Court for Connecticut followed ARMEN­ ble" for board members to live in the area DARIZ in CAREY vs. LOCAL BOARD served, as required by statute. * No.2, 297 F. Supp. 252, 1 SSLR 3326. The right to be classified by one's COFFEE AND TEA The First Circuit approved the view of neighbors whenever practicable is ex­ IMPORTED FROM ARMENDARIZ and CAREY in Bowen tremely valuable, especially in areas with vs. Hershey, 1 SSLR 3374. specialized local interests and problems, AROUND THE WORLD Ii In California, Judge Peckham grant­ including ghetto areas. ed a preliminary injunction in an AR­ Mrs. Sylvia Bingham MENDARIZ fact situation in Schafer vs. 2nd year eve. -4- AJOCK BY ANY OTHER NAME ... LAW WIVES By DUNCAN BARR The Law Wives' Club held its first Law Books It's happened. The Super Gate has meeting on Tuesday, October 7. The Wig opened the door to wrack, ruin, destruc­ Palace of San Francisco demonstrated a New Used .a tion and despair with the initiation of a number of their many hair pieces. One of SAVE MONEY .., flag football program. The behemoth will our members won a free wiglet. President BY DEALING WITH LAKE soon become the dreadful albatross that Jan Helfrick presented a one-hundred-dol­ has destroyed other prestigious educa­ lar scholarship to Susan Bender. This was All student Books & Aids tional institutions in the past. Already the a special award given for last year only to Also Practice Sets the highest ranking graduate. Susan is signs of decadence are noticeable. Only Come where your credit is good! last week the school gardeners (?!) could from New York where she graduated from Queens College with a B.A. in soci­ be seen planting ivy in the school's quad­ Harry B. Lake Kenneth W. Lake rangle; the Dean was caught scouring the ology. While she attended Golden Gate, she worked at the Probation Department downtown pawnshops for a raccoon coat; MAIN STORE Mr. Jones was already planning an alumni and the Contra Costa Legal Services. She 339 Kearny St., Son Francisco game and organizing cheerleader tryouts; has taken the Oregon Bar, but she has no SUtter 1·3719 and finally, tragic as it is, Mr. Smith now plans as yet. roams the corridors muttering: "All right, The next meeting will be a Tupper­ ware Party. This will be held on Tues., BRANCH STORE gang, let's win this one for the Buddah." 138 McAllister St., San Francisco But the real problem lies not with Nov. 4, at 7:30 P.M. in the Seminar UN 3·2900 those All-Americans who favor the pig­ Room on the 2nd floor of the law school. skin parade ... that's Sportstalk ... but The wives are encouraged to bring rather the "liberal coalition" who, led by friends. The December meeting will be a Super Silver, now find another target for the annual Christmas Party in which the ., their radical wrath. Soon they plan on wives will exchange gifts they have made appearing before the SBA and demanding themselves. The L.W.C. is lots of fun, and that the football budget of $6.80 be all wives of law students are invited. slashed. If this isn't immediately done, they will undoubtedly occupy the men's that it will. Generally the most innocuous room on the second floor and refuse to happenings provide impetus for the inane leave until the administration meets to return to the inane. their twelve-point plan. Ah, glorious irreverance! a There is little doubt that they will ., demand - The question of facial hair will surely cause at least one small riot, and the faculty can hold several meetings to Kenneally' 5 determine its stand on the issue. But all of this will be for naught if the picketing does not come off with a cool precision and alacrity. We all know of the fatal SHAPE UP FOR SKIING blunder that Super Silver committed on a the day of the Moratorium and if he ~~~PIC.~ ., wishes to control his minions, he must . Complete selection of the .....-~ pull this one off. finest in ski apparel and Super had his troops rallied on that dreadful Wednesday and successfully led equipment them to the federal building. There, how­ ever, as often happens, he became Con­ fused, and he and his lackeys went to the wrong side of the building. He did .not notice that the people picketing there were not protesting the war but rather demanding a Federally-subsidized birth­ control program. When Super, with his picketsign ("Withdraw now!") realized all of this, it was too late. Though dejected at having missed his opportunity to pro­ test, and changing the world immediately, he could be heard saying, "Wait until Complete ski refinishing in store for most makes next year!" e Whether the vast athletic program and brands. Head factory-trained ski mechanic. All can provide Super Silver with the vehicle new refinishing equipment. Kenneally's Sports ... for returning to power and stature among the darlings of the Law School society now offers you everything. remains to be seen. It is quite probable -5- ANGELA DAVIS Appellee continued working there and LETTERS TO EDITOR Angela Davis, a twenty-five-year-old, was charged with violating the S.A.C.A. in Contratulations on your publication! An black Assistant Professor of Philosophy at that he unlawfully and willfully held em­ excellent contribution to the school. U.C.L.A., became the subject of a recent ployment at the shipyard knowing that it Attorney Darrell W. Stevens controversy when she publicly acknowl­ had been designated a defense facility. Oroville, Calif. _ edged her membership in the Communist The part of the S.A.C.A. in question Party. University officials claim that they was held to be overbroad in the same Dear Editor: did not know of her party affiliations way, thus having the same effect as the I protest the so-called moratorium Oc­ when they hired Miss Davis last spring. regulation in the Keyishian case. Al­ tober 15, 1969. This law school is not a However, they acted with haste upon dis­ though the government's intentions - tool of the facuIty and an ad hoc commit­ covering it. On September 19th, in keep­ protecting defense plants against sabotage tee of students who wish to further their ing with their thirty-year-old policy of and espionage - were justifiable, the own political and social goals. not hiring Communists, the Board of Re­ court said that the means chosen cut too Our professors say they cannot in good gents voted to fire Miss Davis because she deeply into rights of association; under conscience teach on October 15 (four­ was a member of the Party. this statute one is conclusively presumed teenths and sixteenths are a different A group of U.C.L.A. facuIty members guilty by association alone, for it's never matterl), and we all applaud the fact that reacted to the vote by bringing a suit questioned whether this individual's asso­ they have consciences. But why should against the regents. In granting a motion ciation poses any threat to the govern­ they deny a day of education to students for summary judgment, made by the at­ ment. One is thus put in the position of who want and deserve that education? torneys for the facuIty members, Superi­ giving up one's organizational affiliation, Surely there is some appropriate sacrifice or Court Judge Pacht ruled the regents regardless of whether it's a threat, or giv­ our professors can dream up for them­ blanket policy of not hiring Communists ing up one's job. selves that would allow the students their unconstitu tional. "It would indeed be ironic if, in the full rights. Mere membership in an organization name of national defense, we would sanc­ This "moratorium" is actually in re- A, which might be considered subversive is tion the subversion of one of those liber­ sponse to a request by protest groups to .. not a ground for barring a person from ties - the freedom of association - which join a nation-wide day of protest (Caveat, employment. Discrimination against an makes the defense of the Nation worth­ Sept. 1969). So let's drop the fiction that individual for membership in an organiza­ while." (Robel 264 ) (U.S.) this event springs, "simon-pure," from tion constitutes an abridgement of the The circumstances surrounding the anybody's conscience. And the protest rights of expression and association guar­ Davis case indicate that there are a sub­ seems hollow at this point, with the anteed under the First Amendment. stantial number of people who are deter­ troops being brought home and the draft There are many cases supporting this mined to curb freedoms which have re­ being drastically cut and hopefully ended position. KEYISHIAN vs. BOARD OF cently been established by the Warren soon. I am very profoundly sorry our Ai REGENTS, 385 U.S. 589, 1967 , Court. As the nation swings further to the faculty has consented to be a part of a ~ involved three facuIty members of right, one uncomfortably wonders about movement that has not yet had its fill of the State University of New York at Buf­ the destiny of these recent rulings. disruption, violence and injustice. falo. Each one refused to sign a certificate Mrs. Patricia Waks Very truly yours, stating that he was not a Communist, and 2nd Year Day Dale L. Lowe if he ever had been, he had reported that 1st Year fact to the President of the University. (Ed. Note)- Mr. Lowe's letter was in The Supreme Court declared the regu­ GOLDEN GATE COLLEGE response to a unanimous decision of the lation invalid because it discriminated BOOK STORE faculty not to teach classes on October A\ against a person for his mere membership 15th. The moratorium was also supported • in the Communist Party, regardless of This Christmas season the Book­ by an eleven-to-three vote of the Student whether or not he had an intention to store will handle UNICEF greet­ Bar Association Board of Governors. An further the unlawful aims of the Party. ing cards. ad hoc committee led by Eric Zubel and Without a requirement of specific intent Marlene Fox opposed the faCUlty action the regulation is overbroad, and thus bars I invite you down to look at the at that time. In all fairness to the faCUlty, . .. "employment both for association selections for this year; they Mr. Lowe is remiss in his letter in not which legitimately may be proscribed and are, as usual, beautifully done. pointing out that the faculty held make- up classes. His other comments can stand for association which may not be pro­ The proceeds from the sale, of scribed consistently with First Amend­ or fall by themselves. The opinion ofour UNICEF cards provide budget ment Rights." (Keyishian 609). staff on the Vietnam war is expressed in UNITED STATES vs. ROBEL, 389 for the U nitedN ations Childrens' our page one editorial. U.S. 258 (1967), tested the constitution­ Fund which helps feed, clothe, ality of that part of the 1950 Subversive shelter and medically care for MORGAN & BARCLAY CO., INC. Activities Control Act which made it un­ children all over the world. lawful for any member of a "Com­ headquarters for munist-action" organization to be em­ Even if you don't care to make a ployed in any defense facility. Appellee purchase, I'm sure you'll find Col/ege Supplies had worked in a shipyard without inci­ the designs attractive and stim­ dent, and without concealing his Com­ ulating. munist Party membership, for ten years Walt Stevenson 561 Mission Street 982-4321 when, in 1962, the Secretary of Defense Bookstore Manager San Francisco, CA 94105 designated the shipyard a defense facility.

-6- LEGAL CLINIC - MANDATORY FOR ALL STUDENTS ARICHARD M.NIXON PRODUCTIO The legal clinic program recently inaugurated at Golden Gate Law School .A is a long overdue step in the right direc­ 'WI' tion, but it doesn't go quite far enough. The Canons of Rather than a select 40 students, the pro­ gram should be mandatory for ALL law degree candidates. Judicial Ethics Unless the student is going to de­ vote his life to intensive legal research, plunging himself into the sacrosanct cat­ acombs of some world-famous law library, never again to emerge into the light of day, one must of necessity deal directly and intimately with people in the practice of law. Each of us knows at least one schol­ One man must arly type who can not only appropriately disarm the quote Witkin chapter and verse from 0ppoSi tion to memory, but also fully understands and protect a vital correctly applies what he quotes. This is portfolio I very nice and perhaps even desirable, but A how does he relate to people? .. It might be to the student's advan- tage to see if he has the mettle to cope on a day-to-day basis with the trying and Starring Clement Haynsworth, turbulent realities of the practice of law. In the role created by Abe Fortas! This concept is not novel. All pro­ fessions relating in any meaningful way to people and their problems have field NEW CODE OF ETHICS 3) Prevent a lawyer from limiting his lia­ placements as an integral part of their The House of Delegates of the bility to a client for personal malpractice. .A educational framework. Some obvious ex­ American Bar Association adopted a com­ 4) Call on public prosecutors or other .. amples are: practice teaching, nurse's pletely new Code of Professional Respon­ government-state attorneys to reveal evi­ training, medical and dental training, and sibility for lawyers to replace the sixty­ dence to defendants which tends to ne­ social work. year-old Canons of Professional Ethics. gate the guilt of the accused, mitigate the The practical experience should not The vote on adoption at the ABA's an­ degree of the offense, or reduce the pun­ be required before the second year in the nual meeting this year in Dallas was unan­ ishment. day program and the third year at night. imous. 5) Prohibit an attorney from handling There are sufficient traumas inherent in The new code reduces the former legal matters which he knows or should the initial study of the law without super- forty-seven canons to nine which state know that he is not competent to handle, A imposing one more. In addition, a natural the basic obligations of lawyers in axiom­ without associating with him a lawyer .. selective process takes place at the com­ atic terms. But it also includes "Disciplin­ who is competent to handle it." pletion of the first year and those who ary Rules" setting both enforceable survive the experience are more apt to standards of conduct and "Ethical Con­ complete the entire program of study. siderations" which state the principles on At the time of registration, each which the "Disciplinary Rules" are based. student would indicate the area or areas Among the provisions of the new of the law that especially interest him. code are those which: Law firms, throughout the area, having 1) Permit attorneys to use "an earned been previously contacted by the ad­ degree or title derived therefrom indicat­ ministrative faculty. would offer place­ ing his education in the law." This for the ment positions for the students. As nearly first time will allow use of the Doctor of as possible, each student would be placed Jurisprudence or J.D. now being offered according to his first or second prefer­ as a first degree in most law schools, on ence. business cards, letterhead, etc. One attorney from each firm would 2) Incorporate in part the ABA fair trial­ be directly responsible for the training free press standards for lawyers in the and supervision of the student who would area of pre-trial and trial publicity. receive credit, a grade and a comprehen­ sive evaluation from the field supervisor. withstanding, if he could be an asset to In this way, the fledgling law stu­ the legal profession. dent would be given a first-hand oppor­ Judith R. Gordon CAVEAT staffer, Mrs. Patricia Waks, tunity to decide, academic prowess not- Third Year Night posed for our photographer John Herbert. -7- WHITE JURIES IF YOU THINK YOU'RE RIGHT SPEAKERS, continued from page 1 AND BLACK DEFENDANTS continued from front page continued from page 2 by the Constitution of the United States Bar Association will provide the oppor­ in that it discriminates against him be­ tunity for Bay Area law students to ac­ been in a room alone with twelve black or tively participate in legal seminars for twelve non-white people. cau~e it fails to exempt him from military serVIce solely on the ground that his con­ high school students. The purpose of thi~, In this mood, the law student may scientious opposition to participation in program is to acquaint youth with :­ undertake examination of the failure of war in any form may not necessarily be knowledge of the law and legal system in the creative imagination which has per­ based on religious training and belief. a manner which cogently relates to tlteir mitted majority decisions such as SWAIN Such classifications as between religious daily existence. This program will hope­ vs. ALABAMA, 380 U.S. 202, 85 S. Ct. and non-religious militate against atheists fully generate a positive outlook as to the 824 (1965) and denial of mistrials in the agnostics, and other general "non-believ: advantages of the system and the poten- several cases mentioned above. Even tial for change within the existing struc­ ers." In fact, it might well be argued that those who oppose racism in our society classifications based on religion are usual­ tu~e. High school students should be ap­ are hampered by the pervasive rigidity ly deemed arbitrary and discriminatory pnsed of the protections which the law and solidity of the forms and institutions affords to them and their families, and per se and to be valid must be necessary and legal concepts which enshrine and in the least. the agencies accessible to make this pro­ perpetuate that racism. Federal Judge Stanley Weigel, before tection meaningful. They must learn not Lawyers who believe that the law only how the law relates to them at pres- whom the case was tried, made quite can be a responsive as well as a repressive ent, but the future ramifications of a po- clear his personal view that the draft law instrument should institute a close watch lice or juvenile court record. These classes as written was unconstitutional and ex­ upon the use of the peremptory chal­ pressed the hope that Judge Wyzanski's will also provide a propitious forum to lenge, widespread publication of the re­ ruling in Sisson would be upheld by the stress increasing opportunities for law sults of careful observation, and a consis­ Supreme Court. However, since there was school scholarships and minority enroll- tent attack upon the abuse of the per­ precedent in this jurisdiction upholding ment. e emptory challenge.2 the Selective Service Act and the Sisson The program is designed so that either a student or an attorney will schedule (1) Exclusive use of voter's lists to select jury case was already before the Supreme panels, selection from those who maintain resi­ Court, Judge Weigel decided to take a regular appearances in classes at local sec­ dence at the same address as that at time of motion for acquittal under submission in ondary schools. Although the format will registration, those who return postcards or re­ the case at hand. The judge did make be left to the discretion of the individu- spond thereto, excuse of wage earners, excuse als, it is suggested that open discussion be for the convenience of employers who will not clear that unless the prosecution could pay wages during jury duty, etc_ See Testimony introduce further factual evidence against encouraged and lecturing be kept to a of Alameda County Jury Commissioner in PEO­ the defendant in the interim he would minimum. Hypothetical fact situations PLE vs. NEWTON, No. 41266, Superior Court, "acquit Martin the day after the U.S. v.:hich .may be ut~ized to structure th~e ~lameda County, July, 1968, No.1 Crim. 7753 Supreme Court upholds Judge Wyzanski's dISCUSSIOn and stnnulate initial interest m. t~~ Court of Appeal, First Appellate District, and participation, have been prepared. D~I~lon. 4. For reasons relating. again to dis­ ruling in Sisson." Of course, if Sisson is cnmmatton and economic oppression, black overturned, it will be another story. Each law school will maintain its own people are substantially under-represented on While the enormous ramifications teaching pool and individual students the voter's rolls; those in the ghetto areas move that might have developed if Bill Martin may autonomously arrange the schedul- more frequently than middle class white per­ ing of their teaching commitments. sons, and are heavily concentrated in the wage­ had been found guilty and his case direct­ earn.er categories which are excused from jury ly appealed to the U.S. Supreme Court Initial contacts with the principals of servIce. did not materialize and the decision re­ several Bay Area schools have been estab­ by interested but thee (2) Excellent legal analyses of these problems mained in limbo, nevertheless, the person­ lis~ed ~ttorneys ultImate success of thIS program will de­ are found in Kuhn, "Jury Discrimination, The ~l commitment of this one human being Next Phase," 41 So. Cal. L. Rev. 235 (1968) IS a symbol of what is a growing national pend upon the willingness oflaw students and Note (J. Rhine) "The Jury, A Reflection of revulsion against the interests of the mili­ to utilize their unique ability to establish the Prejudices of the Community." 20 Hastings tary-industrial complex. rapport with young people. This is a L. Journal, p. 1417, (May 1969). See also the meaningful opportunity to serve a vital dissenting opinion of Justice Goldberg in SWAIN vs. ALABAMA, SUPRA. NOVEMBER EXAM SCHEDULE community need. With the utilizaton of As of publication, Tax I was the prepared materials. time expenditure will first scheduled mid-term on Thursday, be kept to an effective and rewarding CAVEAT minimum. Editor-in-Chief, Walter Gorelick November 13. The Community Property FINAL was scheduled for Monday, No­ Please sign the list on the Law School Copy Editors, Marjorie Goldblatt bulletin board. Students should indicate Sandra Wood vember 17th followed by a Commercial any preferences for particular school dis­ Advertising Manager, James Rankin Transactions mid-term on Tuesday, Nov. Circulation Mgr., William Helfrick 18th. A Tax II FINAL concludes the first tricts or areas of the city conveniently Graphic Arts, Gary Drummond round of exams on Wednesday, Nov. 19. located for them. Individuals will be con­ Photographer, John Herbert Poverty Law students are required to sub­ tacted directly by the Constitutional Editorial Staff: mit papers and have no final exam. Some Rights Foundation which will coordinate Sylvia Bingham professors are cancelling classes on Nov. available students with high school Duncan Barr 10th and Nov. 11 th to permit students teachers requesting their services. In order Samuel De Lorenzo more time to study for exams. Please that these. teachers ~ay effectively inc or- _ Judith Gordon watch the bulletin boards for further de­ porate thiS program mto the fall curricu- Harvey Levinson tails. Classes resume on Nov. 20th, unless lum, prompt response is essential. Patricia Waks otherwise advised. Thanksgiving recess be­ Harvey R. Levinson Bay Area Coordinator Contributor, Attorney Fay Stender gins Nov. 27th. High School Speakers Program -8-