The Docket, Issue 3, October 1985

The Docket Historical Archives 10-1-1985 The Docket, Issue 3, October 1985 Follow this and additional works at: https://digitalcommons.law.villanova.edu/docket Recommended Citation "The Docket, Issue 3, October 1985" (1985). The Docket. 118. https://digitalcommons.law.villanova.edu/docket/118 This 1985-1986 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. THE DOCKET 1984 VLS Grad Sues ABA by Amelia P. McGovern PHRC (Pennsylvania Human Re functioning in their nature-given reality that an ever-increasing tory practices and actively dis Patrice M. Scott, a 1984 gradu lations Commission). All three re- role as childbearers in direct con number of women are in attend ate of Villanova Law School, has criminated against female law spondants have filed motions to travention of the Equal Rights ance at our nation's law schools." students in Pennsylvania, and initiated an action against the dismiss for lack of jurisdiction." Amendment of the Pennsylvania American Bar Association for dis Another allegation claims that continues to do so to this date." In an amended complaint to the Constitution and the Unfair Insu criminatory insurance practices. the alteration of Scott's insurance Scott is looking for relief in the Pennsylvania Human Relations rance Practices Act." According to Scott, the ABA policy contract totally eliminated following forms: paying her ma Commission, Scott alleges that Secondly, "it entitles male stu maternity coverage from 11 ternity benefits according to the first limited, then totally with the 1983-84 alteration of ABA's drew previously available obstet dents within the affected classes classes of subscribers based upon original terms of her insurance group insurance policy limited to more health coverage for their a demonstrated need for those ser contract, that is, 80% hospital rical care costs of hospitalization maternity coverage, previously from female student subscribers health dollars by providing com vices by law students and their ization expenses plus interest, the available to all classes of subscrib prehensive health benefits, in spouses, and a perception by the costs of seeking redress of her grie in the 1983-84 and 1984-85 aca ers in the amount of 80 percent of demic years, respectively. Scott cluding coverage for uniquely ABA and M&A that "too many vance and she wants respondents hospitalization costs, to a flat "male" medical conditions, while claims" were being submitted. to take further affirmative action said, "This was done without thousand dollar maximum. adequate notice to the insureds, affording female students major This practice blatantly violated to remedy the situation. medical coverage minus a most the Pennsylvania E.R.A. by penal via ambiguous and misleading In Scott's complaint, according Scott stated, "The very integ important health care expense of izing women for their childbear- correspondence from Maginnis to ABA and M&A, this change rity of our profession is at issue and Associates, the insurance was also intended to withdraw women in this age group: mater ing function, and is also an unfair nity care. here. Attorneys mold the labor administrator of the policy for the maternity coverage from sub method of competition under the Unfair Trade Practices and Con and fair business standards ABA. scribers with "member" only and "It gives superior health benef which guide almost every profes sumer Protection Law. "After weeks of futile n^otia- "member and children" coverage. its to the spouses of male law stu sion, labor organization, admini tions with the ABA, M&A [Magin Scott maintains that inadequate dents and married female Scott also alleges that with re strative agency, public entity and nis and Associates] and the notice was given to the insureds' students who did not choose to gard to Respondent Kemper's in private industry in America. policy's current underwriter. The members to which this applies "to carry their husbands en their poli volvement in the described acts of "The American Bar Associa Kimber Group, I filed a complaint effect this material alteration of cies." discrimination, Kemper shares no tion, as the primary represen with the PA Insurance Depart an ongoing contractual relation "Lastly ... it refuses to honor responsibility for setting this dis tative organ of the legal ment and Attorney General's of ship." maternity claims of female stu criminatory policy into action. profession, should not immunize fice, Bureau of Consumer The amended complaint states dents unless their male spouses However, by paying and denying itself from the operational stand Protection, citing various viola that Scott and other subscribers are covered on the females' poli maternity claims by ABA and ards it sets for others. It must not tions of state insurance and con are effected in a discriminatory cies. This practice belies the male M&A guidelines for the 1983-84 be allowed to discriminate ... sumer protection laws, but both . manner for the following reasons; orientation of the policy makers and 1984-85, Kemper adopted its against female or other minority these agencies deferred to the First, "it penalizes women for and ignores the simple, statistical fellow Respondents' discrimina members." Code of Conduct Dean Murray. Revised Contracting for Change „by Carol Rosenblat t , .meinbers ^tre to appuiiileU by 'tht»- by t>avia Rotlistein^*^ **" 'Ihehbuywiuy Wii Tracey Rible Dean. At this stage, the four mem Dean John Murray is not one to by the computer bug. In addition tique and grading. Each student This past summer the Villan bers will investigate and deter squander time. As soon as he ar to personal computer terminals will rotate among attorneys. ova Law School Code of Conduct mine whether there is probable rived at Villanova last June via and access to the available legal "This course will cover not only was revised. Professor John Can cause to believe that the Code has Pittsburgh, he began to initiate research tools, VLS now has all drafting, but the complete range non chaired the revision commit been violated. significant changes in what was the computer-assisted legal of lawyering skills," Dean Murray tee which included. Professors Under the former code, the en already a well-established, suc instructional (CAI) programs that said. Donald Dowd, John Dobbyn, How tire board had to be present which, cessful institution. Now firmly exist. "These programs will be as Last fall VLS hosted the Penn ard Lurie, Ellen Wertheimer and apparently, was very cumber settled into his tenure, slowing signed by professors much like sylvania Appellate Judges' Edu Dean John Murray. Participating some. down is the farthest thing from cases are now, and they will help cational Conference, after which students included Honor Board that the Honor Board Chairperson his mind. students understand the funda Judge Ruggiero Aldisert, Chief Chairperson Kevin McKenna, Co- shall appoint a member of the One of the more dramatic im mentals," said Dean Murray. Judge of the Court of Appeals of Chairperson Mike Logue and Rep Honor Board to act as the prosecu provements in VLS is its complete "This will help save classroom Pennsylvania. Third Circuit, resentatives Angelo MacDonald, tor at the trial. Under the old code adoption of the computer. "In one time," so instructors can concen spoke to students on appellate ad Rick Grimaldi and Guy Dona- there was no such provision. trate on advanced topics. vocacy. This year, "We are trying tiello. Third, the new Code provides Other noticeable additions to as usual to bring in the luminar Although functioning well, mis for mixed faculty and student par the library have remedied past ies," the Dean said. Not all activi understandings between the stu ticipation at the trial level. Under problems with seating, study ties are planned yet, but, "Various dent trial and faculty review the old code, students presided at rooms, and librarian office space. judges and lawyers will come to prompted the revision of the Code. the trial and faculty had strict ap "The bottom stacks are still in VLS throughout the year," said Professor Cannon, who prepared pellate review. In addition, under need of cleanup, but for the first Dean Murray. "They are gener the basic drafts, stated that the the old code all members of the time, all three levels are available ally eager to help students." Code was revised in an attempt to Honor Board were required to be for student use," Dean Murray A couple of speakers have been make it more efficient, less cum present at the hearing. Under the said. Also, use of space at St. firmly scheduled: Robert N.C. bersome and to more fully pro new Code the Hearing Board is to Mary's Hall, combined with com Nix, Chief Justice of the Supreme mote academic integrity. consists of six members: three stu pact storage shelves, will allow Court of Pennsylvania, delivered a There are four major procedu dent Honor Board members to be VLS to expand its present collec message at the Red Mass, and Su ral changes in the Code of Con chosen by the Chairperson and tion. preme Court Justice Rehnquist duct. First, four members of the three faculty members to be ap According to Dean Murray, a has accepted an invitation to Honor Board are required to be pointed by the Dean. The purpose new clinical training program will speak at the Class of 1986 Com present at the preliminary investi of the hearing is to determine begin this Spring. Six distin mencement Ceremony. gation. Two students are to be whether the accused committed guished attorneys, each specializ Currently, a faculty committee chosen by the Chairperson of the the charged violation and, if so, an ing in a different area, will present chaired by Professor Dellapenna Honor Board and two faculty appropriate sanction.

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