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9-1-1952

The Opinion Volume 4 Number 1 – September 1, 1952

The Opinion

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UNIVERSITY OF BUFFALO LAW SCHOOL SPECIAL - ORIENTATION ISSUE ~ Vol. 4-No. 1 September, 1952 Education For The Law Student Bar Welcomes Freshmen Profeuor Jaoob D. Hyman The editors of Opinion have planned a series of feature On behalf of the Student Bar As­ articles on some of the broader aspects of the law. An appropriate sociation of the Uaiversity of Buf­ introduction, they felt, would be a brief discussion of education falo School of Law I wish to wel­ for the law. This can·hardly be a string of dogmatic pronounce­ come the class of 1955 and to con­ ments. Times like the present encourage, if they do not compel, gratulate you on your·choice of a the re-examination of basic goals as well as of methods. Legal ,fegal career. Your work in law education could hardly escape the questioning atmosphere. The school will be exciting and stimu­ following comments must, therefore, reflect primarily the lating for the most part· but for those who are either not adapted personal convictions of the writer. for legal training or not truly in­ The practice of law is a profes-4>""'------­ terested in law the case book meth­ slon, not a trade. To say this Is to . Ori.entation Program od will be hard, dull and discour­ · sa:, that while skills are required, aging. There is no easy · way to the skills must be practiced, not learn law. The reward however is merely in the interests of each job Monday Morning a course of study which has trained as it•comes along, but always with 9: 00-Roll Call you to be a leader in whatever regard to the impact of Jaw as a Opening address by Acting field you enter. whole upon society. A fundamen­ Dean Halpern tal problem of legal education, as Your school life will not be all Introduction of the Faculty PHILIP HALPERN wo·rk. We have committees whose of education for other kinds of Tour of· the Law School professional responsibility like the function it is to interrupt the rou­ Building, Erie 'Comity tine of daily classes with social, ministry, medicine, and engi~eer­ Library, County Court, Dean's Welcome legal and civic programs. You will illg, Is to avoid slighting either the Supreme Court, City all be placed on at least one com­ craftmanship of the trade or the •Court, and Federal mittee and have a voice in shaping vision of the profession. I am grateful to the editors of Court. the "Opinion" for this opportunity these· programs. To master the craft of the law Welcoming addresses- . to say a word of welcome to the The present Board of Directors the student must first of all strug­ Erie County Bar Ass'n. incoming Freshman class. You are of the Student Bar Association was gle a new method. The tra­ wj? u. B. Law School embarking upon a course of study installed on March 20, 1952.' This ditional technique of Anglo-Amer­ . Alumni Assn. which you will find arduous but student government proceeded to ican law, developed ·over a _period. Student .Bar Ass'n. stimulating. You wil\ find that in carry out the directives of the stu• Assignment of loc.kers and content, methods and objectives, dent body as expressed in the Con­ EDUCATION FOR THE LAW the law course is very different (Continued on Page Thre&) seats stitution. Committees were organ­ Purchase of books and from your college course. At first, ized to carry out the various activ­ payment of fees. you may find much of the material ities. The examinations in May puzzling, if not confusing. The fac­ Monday Afternoon were conducted under our new Advice To Frosh ulty will be on hand to help you, Honor System which is supervised 3.00-Reception for Freshmen although they will not be ready and enforced by the Student Ethics Say farewell to the lectures on and Faculty. with pat answers for your prob­ Committee and the Student Honor Russell and Freud, Tuesday's activities Will be devoted_ lems; the law does not lend itself Court. Gone are the "gut" courses so long to lectures on legal to that- kind of approach. Since I The Student Bar Association en­ enjoyed. background presented am not now engaged In teaching, visages a student government No more pretty coeds with trim by members of the I feel free to say that we have an which is working continuously for legs In-i;horts. Faculty. butstanding faculty, the members the best interests of the school, ~e Lady jUBtice Is garbed in Contracts Purchase of books and of which are nationally known, not comm11nity and the legal· profes­ and Torts. payment of fees. only for their scholarly publica­ sion. We hope to have students tions but also for their excellence placed on the active and Important Wedneeclay-Classes begin Take copious notes, read case after In classroom instruction. committees of the Erle County' Bar case. -Ralph Halpern, cha.lrman You are entering upon an ap­ Association. We hope that we can Learn about "conversion" and pr,enticeship to a great public pro­ send delegates to represent us at "speci1lc res." fession, . whose skill and under­ the next national convention of the Study hard, your work, don't Social Committee standing are indispensable to the National Law -Students Associa­ abort. proper functioning of our social tion. We hope to make our job The Social Committee, Impor­ Do every assignment Including and economic system. It Is trite placement service efficient and' tant to well-balanced student life, Moot court. to say, but It is nevertheless true, continuous. We would like to provides relaxation and establishes see· Brief all that you read and when that the soundness of the founda­ the Barristers' Ban supported b:, you are through, friendly relations between students tion which you build' In your law all of our alumni so that It will be­ Who knows, you may edit the by arranging the law school's so­ school days will, to a large extent, the social event of the year for X.w Review. cial functions and the Individual determine the security and the legal profession In the Buffalo Class parties. Plans for the coming strength of the superstructure of area. 1 year Include receptions for distin­ 1 So run get your books, find your your professional career. guished speakers plus a variety of The class of 1955 will be abl' third story nooks You have before you an exciting And listen for gems that are hid• dances, parties, and get togethers to do a great deal In achlevt,pa -the climax of all being the Bar­ three years. I hope that you will these objectives. We Bincerely wish den. enjoy them and that yau will come risters' Ball, an annual Spring af­ that the coming y~ will be a Remember the saying oft quoted through with ftylng c!Olors. by one, fair. happy and succeafur'one for you ''TBlnldng Is not forbidden." -FrankOUcnno -ftl,llp Balpem and the Law School. -Jen711artabeJos -Ronne Kollla .&etblcDean ., 2 OPINION 52-53 Moot Court Committee Comments Student Publications ov1,-..·10,-.. Com~ittee--Opinion OF THE UNIVERSITY OF BUFFALO Program Continued Figuratively speaking, our law LAW SCHOOL school is student "owned and op­ The Student Publications Com-' Edltor-ln-Chlef ...... Don Holzman Like so many other terms that erated." Naturally, this presumes Managing Edltor...... Davld Mix the freshman law student hears, mittee concerns itself primarily Business Manager ...... Stanl ey Grossman "Moot Court" probably means lit- at least a minimum of bureaucra- with the business of the OPINION. ~!:i!r:di1~tor:: ::::::::::~.~~.~~.D~~flrl~~ tie or nothing. A "moot" question cy so characteristic of most Amer­ Plans for this publicatlon call for its appearance once a month from ~~~rorEg\~~····Represeniai7v~~ .13.~~I~~:::: in the law is merely one which has ican institutions. Here it assumes ...... Norma Spezzano not been decided and which need the shape of an elaborate and September through April. Its man­ Advertising Manager ...... Aaron Goldfarb not be decided because of the non- agement is in the hands of students Circulation Managers...... "ii-~n~•l!h~:: existence of any actual litigable smooth-functioning committee sys- from all classes, and is guided by Secretary ...... Ann Skulicz facts which require its decision tern of government as prescribed Professor Charles Webster in the p,;!rts~or--;;;a~i!::no~gulakl, Sally/ and settlement. In short, there is by the Student Bar Constitution capacity of faculty advisor. In ad­ dition to being distributed among -- n.o n eed to decide the _l egal ques- for the coordination of conglom- Faculty Advlsor ...... Charles Webster tlon presented by a given set of . . . the law students at the University hypothetical facts, although those erate student act1v1ties, and gen­ of Buffalo and approximately 2,500 Vol. +-No.1 September, 1952 facts are definitely controve~1al. erally, to assure that the home­ alumni, it goes on an exchange ba­ ______"Moot Court," therefore, is a fire radiates a warm, comforting sis to many other law schools. "court" presided over by junior a a._ glow. Every student is automati­ This year the OPINION is in­ ~ditorial: senior students which hears and ·cally a member of one or several cluding as a special feature a ser­ A Word To The Wise decides "moot" questions presented committees, . a7td each is encouo ies of articles based on the rela­ and argued by freshman counsel. raged to partlc1~ate enthusiastlcal- tion of law to education, religion, ----') ' ' The primary purpose of the pro- ly so that he or she may become a psychology, medicine, philosophy, You can expect the atmosph.ere 1· l 1 of law school to get under your gram is to give the freshmen, at more integral part of our 1tt e e- sociology and other similar sub­ skin and react. The reaction, how- the ·very outset of their legal car- gal family. jects written by persons well-versed ever, is not one capable of predic- eers, the opportunity of organizing As you have probably not not­ in those fields. · tion. There is no special formula legal material, writing appellate iced Les Goodchild displays his It is likely, also, that the Student to indicate the. process. Neither is briefs, and presenting their legal cul~ary talent in the southeast Publications Committee will be there any particular antidote if the points in oral argument. The abil- corner of the lounge (breakfast faced with the job of advising the results are unfavorable. No one ity to write a good brief from the nook) . Quality and student prices Student Bar Association as to the knows what to expect. Even after standpoint of form, style, and legal are the main attractions, plus the feasibility of publishing a law you have been here a while and content on either side of a con- fact that refreshments .are always school yearbook. nd think everything is logically situ- troversy, to affluently present a available during and between yawn -Don Holzman ated in your mind-you will most support the positions taken in the and doze lectures. likely find later that there are brief before an appellate _court, The bookstore, with Norm Kueh­ some things that just do not fol- a nd to anticipate a nd rebut the nel at the helm, invites your pat­ Building and PlanJ low the supposed logical pattern. arguments of his adversaries is the ronage by its ·policy of better than Comm.ittee Faces Gradually, however, the pieces of "sine quo non" of a successful reasonable prices· and personal at- the legal puzzle will fall into place lawyer. -Don Mahoney tention. Any profits are dedicated Big Year in 1952 -if not completely, then comfort- ---~----- to .the promotion of our Law Re- ably. The point of this-don't be ,-, .l • view and the granting of scholar- The job of the Building and surprised at first if there is ap- \f)DStitutional ship aid to needy and deserving Plant committee revolves around parently no correlation between students. · the physical prop,erties of the law effort and end product; don•t be Revision Committee On the side of po1itical maneu- school. Its task includes devising discouraged if the logical becomes verings we have the essential Ways methods of 'keeping the building .illogical-if you can't understand Under the Constitution of the and Means ·and University Rela- clean, protecting the valuable ·as­ "the why or how of something. Such Student Bar, amendments may be tions committees. The former com­ sets of the school, and suggesting is a normal reaction for the novice. proposed by this Committee, or by mittee insures that funds continue expansion or other "" projects. For the experienced, the ertd can petition of one fourth of the stu- to flow our •way from the campus. .Future plans call for . the es­ lie different. dent body, and become effective The ticklish and painstaking task tablishment of a civil defense unit rd The following describes your po- when ratified by two thi s of that of · charting the moneyboat's and a shelter zone, a system to sition in the phase of a law school body. course rests with the latter. Norm protect library. properties, library rd career and, as you will see, gives -Hilary Bradfo Kuehnel is our representative on partitions, a rest room on the third as much of a guide as is possible ------~ ---- the campus Board of Managers, floor, and a bulletin board in the toward achieving success. ~ . omnipotent governing body. Here basement for Studen~r notices. . . t f ..summaie you to conquer ,new hor1- . ht k t· t You are parachuting in o a or- zons or to relearn routes already we m1g a1so ma e men 10n o -Herbert M. Zeplowitz eign land. You d~ not understa~d covered. You begin to feel there the Committee on Elections which -Jack Morris the language for 1t has many d1a- is no turning back. You come to guarantees that the person who lects. Only a very few. of the sea- love the land to take it in your wins in the balloting gets into soned natives ha~oroughly mas- mind with s;onge-like eagerness, office. Buffalo Law Review tered all of them. Some speak none to quaff deeply its rich nectars, to It is customary for law students well..You w~nder over the vague breathe its fetching_fragrance. And to gather together of a Friday af­ Independent of the Student Bar terrain; nothing seems clearly de- the hostility and indifference grad- ternoon around tumblers of amber Association is the Buffalo Law Re­ fined. Realizing yourself a floun- ually fade like the mist before the fluid and rehash the week's cases. view, a legal periodical published dering stranger, you . 1,1re all the dawn. The land accepts you and Last year a group of· Juniors or­ twice annually by the students of more confused a~d bewildered. you begin to build a ,firm founda- ganized luncheon!;._ ,...yn alternate the School of Law. The Review is Resolutely you begin_a never end- tion therein. The work is slow and Fridays primarily 'for the same composed of scholarly articles by Ing journey-searching, ,groping, tedious the strength of your edi- honorable purpose. Speakers were eminent jurists and professors of seeking comfort in this . newly flee pr~portlonate to the material procured, all classes were invited, law, book reviews, and student found land. In the beginiung the and effort you put into· its con- and finally, a committee formed­ notes and comments. Now corns country seems to emmanate a hos- struction. And one day you are headed now_ by Anthony Rotello. mencing its third year, and seco~d tile air. Kindly guides. help you comfortably established, your neigh- The fa,re is fair; the time, enjoy­ volume, of publication, the Jteview along the way, pointing out mln1.1te bors fewer than when you began I able. this Autumn will contain the new landmarks, ,giving dlrectiOffl! and the exodus. If you have chosen Lurking forgotten In the dusty Court of Appeals Section, an analy­ sundry aid as best they can._ You. aptly, if you have built solidly, if background there· Is anot~r com­ sis of leading cases decided by New cling to them because you ar~ ob- you have traveled the unpredict- mittee, i.e., the Grievance Com­ York's highest court In Its 1951 sessed · with the _nagging. desire to able road seeking and ·offering a mlttee, but, of course, we have no term. Membership In the Buffal6 understand and to be tm,derstood. friendly hand, an encouraging grievances so further discussion Law Review is open to upper class­ SoI1)-e of your coi;npanlo~ falter, smile, you may basque In the lux- would be a waste of something or men of !ligh academic standing. strengthening your 0~ ,tenacious ury of eternal happiness. other. Faculty advisor Is Professor determination. ·You require escape , Happy Saturday Classes! Charles Webster. from uie weariness of travel, and · --Don Holsman · the types of .diversion provided -Dave Mix -Dave MiI -Bllary Bradford ------;------_;_~..:.._------:------...... :OPINION 3 probe through words in order to Association upon its founding in I admit at once that these quea­ Education For identify the underlying factual el­ 1878 was "to advance the science tions are not futile, that they em ents in the different cases, and of jurisp~udence, promote the ad­ may prove unanswerable, that The Law! to create new generalizations that ministration of jµstice. . .'' There they have often seemed to me / 352-375. which binds him. The process has legal education in inculcating the If one's work in the law and if 4. Oliver Wendell Holmes, The. been·described as "a moving cli,ssi- method of legal reasoning. There the work of the Bar are to serve ·fication system;" " .. .the classifi- are considerable misgivings about Pr.ofession of the Law (1886) in society in a large way, there must Speeches (1934 > 22-23. -cation changes as the classification the adequacy with which the im­ be some goals more or less clearly is made. The rules change as the portant supplementary skills in defined. 111- these days our own fun-· rules are applied.'" This is a diffl- the use ·of the method are taught damental ideals are perforce being -cult notion to grasp; it cannot be or developed. Certainly students re-examined. Painstaking r ~-exam­ Committee on ··grasped as an abstract proposition. will find at Buffalo as. at other law ination of basic values is not with­ Student Ethics It can be understood only as it Is schools constant attempts to de- out its dangers in a society as di­ :struggled with in application. And velop those skills more effectively. verse as ours, with more than four that is and must be a central part The matters thus far discussed hundred id•entlfiable religious sects Last spring the n ewly formed of legal education: a day to day relate to the tools of the trade. and with about half the population Committee on Student Ethics was d emonstration of and exercise In There is still the question of the having no formal church affilia­ directed to draft an honor system the special reasoning of the law. professional attitude in the use tion. Widely differing Ideas about plan which would dispense with To that undertaking the student of the tools. This, probably, has the ends of man and society are proctors at law school· examinat­ must bring a willingness to wrestle two main aspects. The first is that in evitably held, Widespread agree­ ions. Proposals for an honor code with slippery legal language, to Iin the task of advocacy and repre- ment on fundamentals might seem and methods of student enforce­ ~o=o=o=o=o=o=o=• . ' sentation t~e legal too!s should impossible of achievement. Yet ment were accepted by the SBA V not be used m a way which harms there are large unities within the and the system was used with ° the administration of justice. More diversities. Embodied in our con­ success during tha June examina­ ij tion period. · 0 is involved here than avoiding ob- 0 stitution are ultimate ideals about Actually, this constituted no 0 Monroe Abstract O"vi?U~ breaches of trust and of the the dignity of man, his right to 0 0 cr1mmal law. The complex pat- equality before the law, his right sudden innovation. A de facto 'hon­ 0 Q terns of behavior that determine to freedom, and his capacity for or system had been in force during many examinations prior to last 0 .y• I ( • .0 a high standard of professional self-government. They articulate a °& II e orporat1onn conduct depend upon personal in- fusing of many stra,nds of thought, June. The committee merely at­ 0. . ~ tegrity. To the extent that charac- religious and political. As formu­ tempted to codify the system and 0 ' Q ter traits can be influenced in law lated in the Constitution, there~ to provide certain minimum regu­ lations. 0 TAX and TITLE , 0 "school, integrity is more likely !o be no doubt that they provi e 0 be fostered through the way m broad, common basis for pr fes­ Predicated generally on integrity 0 which specific issues are treated In sional legal training in the hig est and maturity of law students and ° 0 day-to-day classroom discussion tradition, just as they demand the on the ethical standards of the Ia­ 0 SEARCHES O than through formal preachment highest professional skill to devise gal profession· in particular, the 0 Q or exhortation. m ethods for achieving them. honor system is seen as a logical . Tl\e same is very likely true of phase of legal education. It per­ 0 0 The challenge at the heart of 0 the other aspect of a truly pro- the profession of the law was viv­ meates every facet of student life TITLE INSURANCE O fessional attitude: a devotion to here, from the borrowing of books 0 idly stated by Justice Oliver Wen­ Q Q the improvement of the adminis- dell Holmes in an address to stu­ to the self-imposed quiet while 0 o tration of jµstice quite apart from dents more than sixty years ago: reading them in the library. ' CL 0737 93 FRANKLIN sr.o the manner of handling the prob- -Daniel T. Roach 0 . o !ems of clients. One of the stated "What have you said to show ~,=o=o=o=o=o=o=odJ objectives of the American Bar that I can reach my own spiri­ tual posslbllltlee through such a THE STUDENT LUNCH COUNTER door as this'? How can the la­ The AVENUE GRILL borious study of a dry and tech­ FOR FINE FOODS "Good Food at Reasonable Pri~es" nical system, the greedy watch COCKTAILS~. . T LEVISION for clients and practice of shop­ Law School Lounge Open Daily 8-2 70 DELAWAR A ENUE keepers' arta, the mannerl­ WA 8914 Bu al'!•/ N. 'I'. Mrs. Ardelle FGwler, hostess A. N.Felice, Mgr. confllcts over often sordid lnter­ Across from B. A. 8 . eets, make out a life! Gentlemen,

·.I 4 OPINION

BOOK REVIEW 8ec.84MPL&R Indigent U. 8. POSTAGE COURTROOM, By Quentin Prisoner Reynolds, Farrar, StraUAS & 1e i-a1• BUFFALO, N. Y. Co., , 1950. Program Courtroom is the story of Samu­ Permit No. 311 el S. Leibowitz, former criminal The IPP is a student activity un­ lawyer, who is now the colorful der the able guidance of Professor Judge of King's County Court and Charles Webster, who instituted recently achieved prominence dur­ the program here two years ago. ing the trial of Harry Gross, book­ Accused persons financially unable maker extraordinaire. to retain counsel for their defense Samuel Leibowitz came up the are assigned counsel by the Court. hard way. Born of Roumanian im­ A member of the bar is appointed migrants, he grew up in New to conduct the defense, usually York's . At his without a fee. The In}iigent Pris­ father's suggestion, he studied law oner Committee then appoints one at . When the or two students to work on the young lawyer returned to New case with this attorney. The par­ York, there was nothing to do but ticipation of the student may in­ begin "at the bottom." Leibowitz's clude such things as interviewing first case was to defend a drunk the defendant, finding and inter- 1 who was charged with breaking viewing possible witnesses, assist-1------into a saloon and robbing its cash ing the attorney in gathering other S d L Members will be enticed from all ,. register. To complicate matters, evidence and aiding in the legal tu ent ecture three classes. It is promised that a the defendant had confessed under research involved. · Committee program will be .launched some- police pressure, and a skeleton key Comments from students, attor- time during the first semester. was produced as Exhibit .f';. How­ neys_and even_th'/ Bench show that The establishment of this com- -Joseph C. Tl8dall ever, the jury returned! a ver­ the program IS a success. The r e- dict of not guilty, much to the cha­ sults of this work have been fa- mittee marked a new step in the gri~ of the District Attorney. And vorable in that the prisoner bene- arena of student activities. it .ha~ Joh Placement thus Leibowitz began his exciting fits by increased effort in his be- been assigned the task •of present­ career. half; the defense attorney's work ing a series of lectures during the The newly created Job Place­ Mr. Reynolds co11tinues with sev­ is alleviated by the' assistance he school year embracing topics of vi­ ment Committee will endeavor to fill a long felt need. It hopes to eral . of Lelbowitz's outstanding and receives; and the student gains in- ta! interest to law students, for valuable experience by direct con- which no toom has been found In help both the Bar and the gradu­ most interesting cases. A paitern tact with an actual case. the · r egular curriculum. Lack of ate as well as render some assist­ is established: the lawyer is con­ -Neil Farmelo . organization and failure· to 'dele­ vinced of his client's innocence, ance to second and third year stu­ gate responsibility made previous dents interested in part-time work then, through hard and thorough efforts in this direction short-lived work, policeman-like lrivestigation, The book concludes with a per­ clerking in law offices. Consult until the SBA assumed the chore. your local bulletin board for jol} and brilliant ingenuity, he builds somi.l interview with Judge Lei­ The committee also arranges bowitz, .relating a few of his ex, offerings. a perfect defense. the presentation of the irames Mc­ -Jed deCastro The most famous of the cases periences on the bench, and a few Cormick Mitchell lectures, a series with which Leibowitz has been Words of advice to the legal PP

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