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Dooley's Dictum Law School History
4-5-1971 Dooley's Dictum, Vol. 1, no. 09 Notre Dame Law School Student Bar Association
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Recommended Citation Notre Dame Law School Student Bar Association, "Dooley's Dictum, Vol. 1, no. 09" (1971). Dooley's Dictum. Paper 5. http://scholarship.law.nd.edu/dooleys_dictum/5
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Vol. 1 No. 9 Notre Dame, Indiana · APR 6 rSan Francisco, Los Angeles, \ and San Diego, Rome, and Tokyo. \ The firm's home office in San Fran· \ cisco is a State of California Historical Monument and is reputed to have been converted from a one-time beer tavern. Belli was born in 1907 in California's gold rush' country of rugged fron tier parentage·· Wh~le he divides his family life chiefly between San Francisco and Los Angeles, the world is literally Belli's court room. 1 ' His legal career.has run the gamut of representation, his clients have in cluded Marie McDonald, Mae West, John Carroll, Errol Flynn, Tony Curtis, Jack Ruby, and Mickey Cohen and several causes of the Grand Canyon Air Famed California attorney Melvin Belli Crash, cancer-cigarette causation, Cal Poly air crash involving its football team, San Quentin prison break, and Dakota--$500,000; Nevada--$225,000; law· and trial preparation arid Bracerco cases. and Montana-$183,000. techniques. His particular expertise is Belli's reputation has grown in direct Belli represents the flamboyant in the area of demonstrative evidence· proportion to the size of jury awards attorney, bedecked in the finest attire, and medical malpractice.Indeed, his granted to his clients .. He has .been in and with a flair for melodrama in the knowledge of medicine rivalS that of over one hundred cases in which the courtroom. Often controversial in his many doctors. award has exceeded $100,000. He has approach, his trial methods are con With demonstrative evidence, Belli won record awards in California- currently praised and attacked. He is has virtually revolutionized the law. $675,000;. Alaska--162,000; Maine- quick to point out, however, that the One key example was a piece of brown $150,000; Texas--$900,000; North aspiring attorney must be willing to wrapping paper fashioned into the · sacrifice long hours to research in the shape of a mutilated leg. Ask Belli law library. Belli once stated, "Show about the background of this case, and .Inside Today mea young lawyer spending his Friday the size of the award granted his client·· Dean Shaffer .. · ...... Page 2 and Saturday .nights in the library, and it's the most interesting story! I'll show you a future successful at Belli is also the founder and Law School Structure ...... Page 4 torney." moderator of the internationally famed Belli is being presented to the law annual Belli Seminars. This series Opinion ...... Page 6 school by Gray's Inn. He will appear in presents the Belli Foundation Lectures the law·school during the afternoon of · offered at the major law schools in Henry Rothblatt ...... Page 7 April 23 for informal disc::ussion and to cludipg Notre Dame, Virginia, UCLA, visit classes. .That evening he will Yale, and Harvard. · · Retort ...... Page 7 lecture on "The Law Revolution" in the Copies of Belli's new paperback "The Memorial Library Auditorium. · Law Revolution" are available at the William Kuntsler ...... Page 8 Belli 's impact on the law has gone far bookstore. Mr. Belli has assured Gray's Kommissioner's beyond his courtroom experiences. He Inn he would be most happy to Korner ...... Page 8 has authored some twenty books on tort autograph copies, if any are so desired. 1 -\ v,~ ljQ'· \\)~·iU ~-.~:.{. -~ ~; ~.});_H3~'-t~li\'~l\li&tfiF\!J~~-;-;:;~~~;;t ;;~;,;~~)~l~i-~b~t.~~\1~t~~1i¥i~:$Ri~~.,_~~!r"~~-;.,·- >:1 '<~-~-~· ~~~-.... -~ .. ~d ·: -~ ·.1i·· ~~-- -~----·-:----~~'-'7· .. ~ · Shaffer named new law dean · Will take office July 1
By Bob Lueck and Wayne Weiler At the meeting with students, Shaffer development of a lawyer's ability to The search for a new dean for the said that . he would support further counsel people in one-on-one en Notre Dame Law School is over. discussion and investigation of many of counters. Associate Dean Thomas L. Shaffer was the students' suggestions concerning Shaffer observed that for the first appointed last week by Notre Dame new policies on registration, placement time in the 102-year history of the Law President Rev. Theodore M. Hesburg to services, student participation on School a dean had been picked from the take over the position of William B. faculty committees, summer law school's own ranks. Heindicatedthat his Lawless last january. school at the University, and further major work would center around more Shaffer, presently on a leave of ab school at the University, and innovations in. the process of legal sence from Notre Dame at UCLA Law development of further scholarship education He said that he would School , will begin his new duties on resources. probably spend most of his time at July 1. The proposed ne'w law center, he Notre Dame and that he did not intend After graduating cum lautle from the said, "was not a terribly important extensive travels during his term as Notre Dame Law,School in 1961, Shaffer issue in the short run. We have a lot of dean. returned to join the faculty in 1963 living to do now." The funds available A member of several legal and following two years as a member of the for the project are not what they were community organizations, Shaffer has Indianpolis law firm of Barnes Hickam anticipated to be and more thought will also written widely. His published Pantzer and Boyd. He was appointed as have to be given to the whole project. works include several law review ar a full professor in 1966 and as associate In response to a question about the ticles, two locally published casebooks, dean in 1969. growing demand for legal education, and a book, Death, Property and Shaffer learned of his appointmen~ Shaffer responded by noting that the Lawyers, to be published this month by last week. He returned to Notre Dame pressure is likely to be on the state the University Press of Cambridge. this past weekend to meet with faculty universities to grow in size. "That is the and students of the Law School. one advantage of a private school," he Approximately thirty law students said. "It has the right to decide what it Election wins: greeted the new dean Saturday. A wants to be and doesn't have the public major portion of the afternoon was duty that a state university sometimes spent in informal discussion concerning has to perform." Hartzer takes the problems and resources of the Law Shaffer indicated he was anxious to School. Dean-designate Shaffer did not return to Notre Dame because of the top SBA post indicate any hard and fast solutions to "people-centered atmosphere of the Tim Hartzer has been elected to the questions of students but exhibited a place." As an educator, he favors the great deal of familiarity and conviction become the next president of the humanistic approach to the training of Student Bar Association. His election, toward the Law School and its com attorneys which emphasizes the munity. announced Saturday by Elections Commissioner Paul Binder, was over two other candidates for the post. Binder also announced the winners in all but two of the races. The vote margin was too narrow for winners to :~$;~'!~ be decided in the. races for SBA .; I . secretary and 3L class vice president. . ( ' The results of those elections will be announced once the vote count from the London students is added in. Joining Hartzer on the SBA executive board will be vice president Jessalyn Pendarvis, treasurer John Nelly, and ABA-LSD representative Larry Mentz. The new 3L class president will be Denis Hauptly. Chris Schraff will be the secretary-treasurer. Mike Bradley won the 2L class presidency over two contenders while Ralph Pelaia is the new v-p. Don Swanson ran unopposed for secretary- treasurer. .·· · The reason for the undecided races is the size of the vote count between tlte candidates. In order to win election on i' the first vote count, a condidate had to be ahead of his opponent by more than 27 votes, 27 being the number of law 1 students currently in London. When the votes from the London students are received, they will be f added in the tentative vote figures, the final winners determined and the final Dean-designate Thomas L. Shaffer vote £jgures announc.ed. A Newspaper of, by and for the Fighting Irish Lawyers of Notre Dame
Notre Dame, Indiana Competency: key to effectiveness By Bob Lueck This examination was made with the year, especially with the issues of Dictum Co-editor cooperation and comment of SBA required hours for graduation and the President Steve Boone. switch to an all-elective system after About one year ago at this time, I. The Faculty the first year. Steve Boone and the other recently The plans for next fall call for a total elected SBA officers were looking at the of 18 fulltime faculty members and 5 7. Grades and Examinations state of the student government that part time faculty members. They are Committee they were inheriting. hired because of their recognized legal This committee is composed of three They didn't like what they saw. The competency and interest in teaching. faculty members and the three class SBA hadn't been functioning at a very They are here for the students and the presid~nts. In the recent ·past, this \ competent level, there were no records law school. · committee has been primarily con of past governmental activity to speak cerned with the structure and func of and the SBA was saddled with a 2. The Dean tioning of the present grading system. r.eputation for ineffectiveness. Their The dean is the executive officer of It has been suggested by some that the starting point as they saw it was near the. school. He is not exactly a com respon,sibility for determining the .law the bottom and the only thing they knew manding officer but his influence on the school s calendar should be placed for sure was that they did not want to direction of the law school is quite here. . stay there. strong. He has one vote in a faculty A· lot of planning and hard work over meeting but exercises· it only when 8. Student-Faculty Coordinating a year's time can make a lot of dif there is a tie vote. Committee ference and the SBA that you see today 3. SBA Executive Board This committee is somewhat is not the same SBA of one year ago. It This board is the core of student analgo~s to the House Ways and Means has improved considerably and government within the law school. Committee. Its primary function is to whether or not it will continue to im From it and through it goes much of the discern, define and delineate the · prove directly depends on the com debate and discussion of issues and faculty's response to the major issues petency of student involvement in the policies. How well the board functions rais.ed by the students. Composed of current campaign. depends substantially on the quality of eight ~t~dents and four faculty mem The competency of involvement. the people who compose it. If they are bers, 1t 1s perhaps the most important That's the key. It means not only the ineffective, the SBA is ineffective: committee existing because of its in electorate. Those who seek to lead must That, fortunately, has not been the case fluen~e in defining and communicating know their government and their this year due to the hard work that has the different viewpoints and issues. electorate and those who vote must been done by the SBA. know the qualities of their leaders and !J. Faculty Evaluation 4. Scholarships and Admissions Committee , also how they can function as citizens of Committee the community. This is a strictly student committee This is an all faculty committee with which operates to evaluate the per Increasing the competency of leaders the responsibility of deciding who gets and citizens is the subject of this special formance of the faculty members and to come here and also who gets a the quality of the courses taught. The issue. The editors have chosen to devote scholarship of any kind. While no a portion to each of the candidates and last faculty evaluation survey was the students sit on the committee and most comprehensive survey ever in the what they stand for. There is also a probably shouldn't, the SBA has been section on how the law school governing law school and the final results are not able to influence the determination of yet tabulated. Faculty members have structure is set up and a partial study of scholarship policy in the recent past. the factors which makes that structure found the survey very helpful in telling work best. 5. Bulletin Committee them how their courses can be im- Too often law students have had The bulletin committee is responsible proved. • legitimate gripes and problems but did for preparing the annual law school 10. Social Committee not know how to go about solving them bulletin for distribution to prosepective This is the first year that a complete or have gone about attempting to solve law students. It is a joint student social calendar has been planned and them in a haphazard, ineffective faculty committee. budgeted. Strictly a .student operation, fashion. Hopfully this issue can clarify this committee has handled the plan the whole picture for students and 6. Curriculum Committee ning and work that useti to be done by impart a greater degree of competency This committee has the responsibility previous SBA executive boards. for determining the courses and for student political activity. On page 5 11. Community Action of this issue is a diagram of the law structure of the curriculum. Though a joint student-faculty committee, only Program school governing structure. An This program was created this past examination of this structure on a one student has a vote. This committee number by number basisfollows below. has been active during this academic Continued on page 5 I
Faculty i:
: Scholarship and Admissions .Committee
Bulletin curriculum' Grades and Student-Faculty · Examination ,Coordinating Committee 1----.;....,..-1 Faculty Evaluation ,Committee Committee. Cominittee I ·1 ·I I I I I r I r : Social Committee I I I I I I I I ( I I Community Actign r I I 1 ·Program I , I I I Class I I I I Officers I I" I I Honor Code I I l I Committee I I l I I . I '------Students
Graduate Student Affairs Committee
the governing structure of the law school community·
Faculty only committees - 4 Joint student-faculty committees - 5,6,7,8 · Student only committees - 9,10,11,12,13,14 J SBA exists Success in government for student·: not an easy tasl{, Student governments all · over the people instinctively know w~en. a country have a reputation for being person is being fair and objective. Continued from page 3 ineffective far more often than they are Those whose sole participation in ~he effective. Nevertheless, when a student political process is the act of voting fall to provide students with the op; government does operate effectively, it portunity to express themselves and should be wary of candidates who seem is possible to find the reasons why. · to have a tendency towards work in the outside world, especially This past year the SBA has been with the poor people of South Bend. It prejudgment. The functions of action fairly effective as a governmental and thinking go in tandem and one is currently funded by the SBA and has operation. No doubt there is likely to be the promise of being an excellent without the other is meaningless. some disagreement on this but part of Finally, no government functions well program when fully develope~. Other that may be attributed to a failure of than its originators, all of its par without the input of good, hard work. ticipants are first year students. communication about what has been This means researching your position, done rather than to a failure of com developing arguments to support your .. petency. To list a number of qualities position and persudaing others to adopt 12. Honor Code Committee and characteristics is easy but to make your views. A person who refuses to do This all-student committee exists to them a reality is a far different, more this kind of work can reasonably expect hear honor code violations but it has difficult task. to fail and, if this happens, it is rarely functioned in the recent past. For the purposes of our law school deserved. student government, the following The one essential function which 13. Law School factors appear to be the mos.t important student leaders have the, most difficulty \ Athletic Association in the creation of effectiveness. with is communications. No matter how The LSAA has charge of planning and An SBA leader or class officer cannot many notices are put up on the bulleting conducting all law school athletic possibly expect to do all the work boards or how many memorandums events including the fall and spring himself. Committee members and are sent, large numbers of people still "Smoley Open" and last fall's football chairman are needed to do work in do not adequately learn of what their championship game, the Lawless Bowl. specialized areas. It is thus necessary governments are doing. Those who to pick good people for the committee succeed in communicating best are work you think will be crucial for your those who learn how the various media 14. Graduate Student Affairs term in office. work and how to time the flow of in Committee In addition to this, the leader should formation to the people they want to This committee was just formed this communicate to the committee people reach. semester and its purpose, while not yet his concern for the work they are being clearly defined, is apparently to give asked to do. The committee members the graduate students voice in the should feel like they are doing Dictum staff University community in about the something worthwhile for themselves same manner as the undergraduate and the law school. has problems Student life Council. Good record keeping is also vital to a 15. Class Officers successful operation, and this is one If this issue of Dooley's Dictum The SBA constitution provides for the area where student governments fall seems a little unusual to you, don't be election of officers for each class. The down badly. Records need to be kept of overly surprised. This newspaper is in class president has in effect a dual all committee and council meetings and the midst of being changed over to a function: 1. he manages the affairs of these records should include the pros new method of printing and, as a result his class, and 2. he sits as a member of and cons of discussion as well as the of trying tb produce an election special the SBA executive board. There has results of voting on any motions. Such while making the changeover, a few been some difficulty in the past with records provide those who follow in unplanned things happened along the communication between class officers office an idea of what has happened in way. · and the executive board. the past so that the same issue isn't Several days ago the editors planned brought up again and again. an eight page special edition on the law The kind of record keeping that is school elections. In an effort to reduce. 16. The Student Body necessary requires a certain kind of production costs it was decided to have The student body is the reason for person to do. A person who pays at that edition done by a cold type, offset which student government exists. tention to detail and yet is aware of the method of printing instead. of the hot However, one of the major problems of whole picture. The patience to file type, letterpress method that had been this school is simply that students don't something or write a memorandum is previously used. . know how to get something done around an integral part d. this characteristic. A The special edition was prepared but here if they have a legitimate gripe or leader should watch carefully how he not in time for the printer to do all eight wish to develop a new idea or program. uses tactics. A guy who leads must have pages so it was decided then to to do the Students actually have three means of the ability to talk to the faculty on an four pages on the candidates in time for asserting themselves within the law equal footing and with equal respect. the elections and then follow up the next school: they can go directly to the Rapport with all faculty members and week with the remaining four pages of pertinent committee, to the SBA not just a few is necessary. the special printed inside a regular executive board, or to the Dean. issue. The students who wish to act, though, Part of the theory of tactics is the ability to be open-minded and receptive In essence, what was to be a eight should also be willing to sit down and pager turned out to be a four pager and write up a complaint or problem - the to all opinions in the community on a given point. A good leader should have what was to be a four pager turned out facts, the arguments for it, etc. - before to be an eight pager. If this seems submitting it .. It has a much better an instinct for a fundamental fairness that will drive him to 'reach the confusing to you, don't worry: what you chance of being acted upon than a see is what you get. verbal complaint or problem. equitable result on an issue. Most fjf),•dW"""
Opinion~~~~~~~~~ On the Docket April 5 ' A!Ultllnus Warns of I·~ Lecture; Dr. Harold Roeling the elective syetent April 7 To the Editor: I read in Dooley's Dictum with considerable interest and some World Championship College Fencing substantial concern of the vote of the faculty to make the Notre Tournament thru. Apr. 13 A.C.C. Dame Legal Education elec.tive after the first year. April 8 Speaking as a consumer of law. includes conflicts of laws, bankruptcy, students after graduation, I must tell evidence and again negotiable in yoti that a completely uncontrolled struments, which govern any at Easter vacation begins-no classes elective system is a serious mistake. A torney's work and in which he may senior from the Yale Law School was have to make instant decisions af April II recently in my office and showed me a fecting his client's affairs without the transcript of the courses that he had luxury of learning the subject area taken. They were picked without rhyme from point zero. Worse yet, he may Easter Sunday or reason. The courses of study failed to make decisions in ignorance which are Harlem Globetrotters, A.C.C. Arena, provide him with any· coherent disastrous for his client. 3:30 preparation for the practice of law and Under no circumstances should any left him completE:ly ignorant of certain student be given a degree until he has April 16 areas, which are absolutely essential to participated in a practice trial. This a successful practice of law whether in learning experience has a strong the public or private sector. My law unifying effect on his education. If he Midwest Homes Show, thru. Apr. 18, practice has been primarily in the expects to try cases in practice, the A.C.C. private sector, but I have had ex student needs the experience badly, perience in representing public and his first client needs it even more. April 22 agencies. It is my opinion, after 11 The student who needs the experience years of practice, that there are certain the most is the man who expects never fundamental disciplines which a suc to try a case. He will find effective Indiana Assoc. of Osteopathic cessful attorney must have regardless c9mmunication with trial lawyers most Physicians & Surgeons, thru. Apr. 24, of the subject matter of his practice. difficult if he has no experience with the Center for Continuing Education. It is unthinkable to me that a law problems they face. Professor school would'present to the Bars of the Barrett's work in this area cannot be April 2:1 . several states young men who are 'undervalued . supposedly ready to practice law, but We have here in Delaware a clerkship (1) have never studied negotiable in program which enables us to talk to the Lecture: Melvin Belli struments, and (2) are not thoroughly young men while still in law school who ·-:::::::::::::::::::::::::::::::::::::~:::::;:::::::::::::::::::::::::::::::::= grounded in the rules, of procedure and are selecting courses. We are able then ' evidence. As I have noted above such is to indicate proper programs for them. I Dooley's Dictum frequently the case these days. We find suggest that the students be en in the young men who come to us from couraged to see, advice from practicing Editors-in-chief the many law schools here in the East attorneys to supplement that which no particular basis or experience for they receive from the faculty before Bob Lueck Tom Dovidio choosing courses to prepare them for picking courses. They may very well News find practicing attorneys recom successful practice. There is, therefore, Gregg Zive Wayne Weiler every reason for a substantial retention mending that they take courses such as . of control by the faculty over the course jurisprudence, which, in my ex Sports of study. perience, has proved a "bread and Jerry Mackey Pat Herald · If a young man is contemplating a butter" course since lawyers are career in public service, it is still frequently required to go to the root Photographer essential that he be thoroughly sources of our law in order to find an grounded in commercial law. swers to novel problems. Along this Rick Hunt Specifically, he should have a thorough line, I would be only too glad to Business :Manager knowledge of the Uniform Commercial correspond with any of your students Carl Hitclmer Code in all its parts, including seeking guidance and I am sure that negotiable instruments. If he is to deal there are many other alumni who would Staff effectively with businessmen who also be ready to supply this service. Bill Murphy, Jim Mulvoy, Al decisions are often dictated by tax considerations, he should have a strong Knappenberger, Jack Cooley basic knowledge of Federal Income and Estate taxes. And I could go on and on. Very truly yours, Obviously, some balance will have to Dooley's D'.clum is an independent publication be struck between the desires of the by law students of the Notre Dame Law School. William D. Bailey, Jr. The views herein arc those of the authors or the student and his elementary training. editors and do not necessarily represent or reflect However, courses such as future in 300 Market Tower the views of the' Law School, Its administration, terests, which provide substantial Wilmington, Delaware 19801 faculty, student body or alumni. mental discipline, should not be quickly subscription ra•cs arc ts.co per year. They may relegatged to the elective status. be ordered by addressing the editors, In care of Future interests also provides another this newspaper. example of an area of study, which soldiers in the law of land warfare .. 1 It's dirty business." Speaking before a small group of Rothblatt, as an attorney, is "-· Notre Dame ~aw students and faculty That answer was his main response in questions about the prosecution of Lt. becoming quite familiar with land __ last Friday in the Engineering warfare law and recent prosecutions Auditorium, noted defense attorney William Calley and others for crimes allegedly committed while on duty in under that body of law. He defended the Henry Rothblatt said· that the U.S. Green Berets who were accused oC" government should "either eliminate Vietnam. If there is to be any blame for such incidents, he said, it should fall on murdering a Vietnamese triple agent ~ , the body' count philosophy .or don't several months ago, defended /two • , Prosecute soldiers for killing people. the U.S. government for its .failure to adequately train Vietnam bound soldiers and spring and summer who ' There is no nice way 9f fighting.a war. were accused of shooting a Vietnamese .,""- prisoner, and is now· defending Col. "-.,, Retort Orin K. Henderson, the officer accused • by the Army of covering up the in- vestigation of the My Lai incident. Abortion - an open issue He has been on the Henderson case To the editor: world, who will take responsibility for only a week and was in court at Fort the proper upbringing of the child if his Meade, Maryland, Friday morning Bill Maledon recently wrote in this parents will not? Who will provide for before coming to the law school for his Paper that the abortion controversy is the necessary psychological, physical, speech. His appearance here was more than mere legal verbiage. I and material needs of the child? sponsored by Gray's Inn. ~gree. As Daniel Callahan pointed out Perhaps the logical answer to these Much of the testimony and evidence ln his book, Abortion: Law, Choice, and questions is that the state should from the Green Beret incident is still Morality, "Abortion is at once a moral, assume these responsibilities. classified as "secret" by the Army, he medical, legal, sociological, However, before the state becomes noted, and because of this, he was not Philosophical, demographic, and both our panacea and our scapegoat, able to discuss the actual case. psychological problem, not readily consider the logic of a position that However, he got around that easily amenable to one-dimensional champions preservation of life but enough: along with Green Berets thinking." It is an extremely complex gives no consideration to the over author Robin Moore, Rothblatt co Problem that cannot be reduced to a whelming problems of giving that authored a book entitled Court Martial, s!mple matter of concluding that one preserved life the dignity and care that a fictional account of the case. By side of the controversy is clearly right all human being deserve. And if the relating the book's fictional characters and the other side clearly wrong. A state is the answer, let's go beyond that to the real people involved in the in Problem as difficult as abortion must be mere assertion and ask if the state has cident, he was thus able to discuss his approached with an open mind. the money or capacity to adequately handling of the case without violating Bill stated in his article that all logic deal with· problem of unwanted and his oath to the actual secrecy of the and legal evidence argued against neglected children. As one who has case. abortion. I cannot agree with that worked for the federal government in Rothblatt commented that he had statement. this area, I can assure you that neither become an expert on military law in a· Recently a three-judge panel ruled the state nor the federal government hurry. In fact, he learned most of it that the Illinois abortion statute was has effectively dealt with the problem. while on the 20 hour flight from the unconstitutional. The majority held Do we individually or collectively, United States to Vietnam when he was ~hat a woman's interest in privacy and only car~ about the lives of others in the going over to defend the Green Berets. in counsel over her own body is just as abstract-when nothing more than "Once you plunge into a case," he said, seriously interferred with by a law that verbal support is required? Is verbal "you become an expert whether you controls abortion as it is by a law which support the test of 'moral fiber in a want to or not." Prohibits the use of contraceptives. At society? I doubt it. The charges were dropped in the least here all the legal evidence did not The point I am trying to In:ake is th~s: Green Beret case by order of President argue against abortion. In addition, if It is one thing to hold a particular pomt Nixon after the CIA indicated that it there is a trend to be discerned from of view but it is an entirely different would not disclose any of its in . ~ecent decisions it is that greater thing to offer that point of view without formation on the incident. Without this Weight will be afforded to the marital fully stating the case. information, it was not possible to right to privacy than to the rights of the My hope is that all of you will give conduct either the prosecution or unborn child. consideration to the points I have defense side of the case. Logic is generally agreed to be sound raised. Regardless of whether you Rothblatt had a few good words as reason. Sound reason in turn implies agree or not, realize that there are two well as bad for the military system of careful consideration of all relevant sides to the issue and that no one justice. The good parts, he noted, were factors involved with a given situation. position is entirely correct. the discovery procedures and the voir Thus, to limit discussion in a particular I can unfortunately claim no answers dire. He felt they were better then that situation to only one relevant factor to the serious issues involved. In fact, used in American civilian courts, ~enies that situation, and the problem the more I read on the subject the more The part he particularly disliked was involved therein, the full scope of I realize that I have only questions. the command influence exercised by thought and sound reasoning that logic However I do know that dismissing base commanders over military trials. requires. Moving from this general abortion as legally and logically im "This is the real bad factor in military ~tatement to the specific situation at permissible oversimplifies an ex justice," he said, "because of the effect issue here, abortion, logic requires tremely difficult problem. We must it has on the fairness of the trial." rore than just an examination. of the look for a solution which respects and Rothblatt, a partner in the New York egal aspects of the problem. understands all points of view and is City law firm of Rothblatt and Roth Logic requires that we consider willing to balance competing interests. blatt, took his LL.B. from the Brooklyn Abortion is an open issue. Law School in 1938 and his LL.M. from I additional factors and aspects of the abortion question. For example, if an the same school in 1939. unwanted child is broug_ht into the Don Gehring t:Z? ·;i!l;i \~\:~: \\~:t_\1\1 ::v ;;;:rqr,41' ~ts 1~11 rr;~T\1J;~ ~~-:;::i:;q~~~.F~iit:~~~1pR:t!·i}iJS;!·1-:¢,_..~~~~~1?P.1:5~-~·~~~~~.. ·~: ~··'ii>?· ·~~ :~~~ - :.... ~,--.~~~~·--~~ -- - · - J(untsler-hits -- -H'-sioner-,s-Komer . - =- ..... " -i:- courts; hints Team 6 roars to victory new protests ·~ William Kuntsler, this year's Senior ~ and captures LSAA crown ,-, Fellow at Notre Dame, told a srriall ,I.( group of law students that in his opin~on. by Pat Herald obviously referring to the upcoming the U.S. Supreme Court was becoming Dictum Sports Editor LSAA "Big Four" showdown. The irrelevant to America. "The Court is on We're number one! ·we're number playoff champions will be presented a collision. course with humanjty," he individual trophies at the LSAA awards said. "l can't respect the Supreme one! This was the thunderous chant banquet. Court anymore." · from the throngs of fans and supporters of Team 6 who packed the ACC Sunday, In other action, Team 10 collected two Kuntsler's remarks were made last triumphs in their attempt to grab 4th Saturday morning to a group of law March 29th, to witness a convincing 62- 46 victory over previously unbeaten and place in the standings, the only playoff students who met him at an off-campus position that remains uncertain. They location prior to his departure from highly touted Team 4. The win virtually assures Team 6 of the regular in· knocked off Team 5, 59-43, and Team 11, South Bend. He had been on the campus · 61-44. A continuation of the balanced for a two day session of speeches and tramural season crown. Team 6 was in command all the way. scoring attack of Bertucci, Keefer discussions with students. His major Maloy, and Hilliard may earn Team speech was given atthe Stepan Center Bennett Webb exploded for 25 points 10 and teammates Jerry O'Shaughnessy the final playoff slot. on Friday night. An intense cellar-dweller rivalry saw The renowned movement lawyer LSAA ·Poll Team 5 knock off Team 2, 69-56, behind commented on several past and current Team Points Dave Bornhorst's 35 point outburst in political trials which were of im the only other game played. portance to the student movement. He 1. Team 6 (5) 305 hinted that the contempt convictions FROM THE given to all but three of the "Chicago 8" 2. Team 9 180 KOMMISSIONER'S defendants and their lawyers would be DESK: reversed by the Seventh Circuit Court 3. Team 4 175 League officials wish to remind of ,Appeals within the near future. Teams 2, 3, 8, 11, and 12 that their $10 According to him, the government 4. Team 1 40 entry fee is still outstanding. Collecting has confessed error and will ask for the the agreed fee is essential for trophy reversal of the contempt citations. The 25 purchases and officials fees. Any team three whose contempt citations will not 5. Team 10 and team members not meeting this be reversed on this motion are Kunt and Tim Sullivan continually kept the obligation will be banned from any sler, Leonard Weinglass, and Bobby ·game out of reach with their fine further JtSAA sponsored activities. Seale. rebounding and a combined 23 point The spring LSAA Golf Tourney Kuntsler was generally critical of the performance. John Sumin_ski tried to do (formerly the "Smoley Open") is way the federal government conducted it all for his cold shooting Team 4 presently in the planning stages.· It is itself in the Chicago conspiracy trial teammates but to no avail. He had 16 of tentatively scheduled for a week or so and is fairly optimistic about the his team's 18 points at halftime and after the Easter break. Anybody in possibility of reversal of the low~r finished the game with 23 points. terested in helping to organize or court. He felt that the seventh circuit Reporters and TV cameras jammed participate in the tourney should drop appeals court was about the best in the victors' dressing room after the their name off at the LSAA offices in the America. nationally televised contest. Jubilant SBA office complex. "Fabulous Frank" He also criticized the government for·· Team 6 captain Mike Bradley, in the Beytagh has reportedly been putting their handling of the Berrigan case. The midst of a "champagne bath" com behind closed doors in preparation for Berrigans, he said, have denied the mented,· "we're not finished yet," the defense of his title. / cha·rges of conspiracy and the government's case against them doesn't appear to be that strong. Dooley's Dictum He also mmcuted that the anti-war Notre Dame Law School movement was going to be highly ac Notre Dame, Indiana 46556 tive_ in the near future. More marches are being planned on Washington, D.C., including with them the possibilities of ·massive civil disobedience. While he . indicated that he preferred nonviolent means of protest'. he said he could not condemn anyone if they chose to use violent means of protest such as bur ning draft files, etc. Kuntsler is scheduled to appear on National Educational Television's program, "The Advocates" prior to the Washiqgton marches to debate the issue of whether or not there should be civil di:.mbedience in the forthcoming · war protests. Several well known personalities in the antiwar movement will appear with him on the program. "The war has to be ended," he said. "If it is not ended, this country's moral fiber will be destroyed. I don't care what it takes to stop the war.