University of Baltimore Law Forum Volume 4 Article 1 Number 3 December, 1973

12-1973 University of Baltimore Law Forum Volume 4 Number 3 (December 1973)

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Recommended Citation (1973) "University of Baltimore Law Forum Volume 4 Number 3 (December 1973)," University of Baltimore Law Forum: Vol. 4: No. 3, Article 1. Available at: http://scholarworks.law.ubalt.edu/lf/vol4/iss3/1

This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Forum by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. Vol. IV, No. 3 UNIVERSITY OF BALTIMORE DECEMBER,1973

More. Stringent Guidelines Georgetown Loses for the Censor Board? University of BaltiDlo~e

by Michael B. Hare censorship of too broad a spectrum of activities which can Takes'Regional Award A recent article in the foreseeably come within the by Les Auerba'ch Hel1:l in the Superior Court of na tional championship moot Baltimore Sun listed proposals scope of proposed guidelines. D.C., the finals On November 8 court team. of the Maryland State Board of Th\! danger of such legislation is The University of Baltimore pitted Baltimore against its The success of the Censors for consideration of the increased when we realize that Moot Court Team of . Steve cross-t own neighbors, while competition, it is observed , may General Assembly in 1974. If only three individuals and a Abrams, Larry Agleoff, and Tom Penn met ·Georgetown. Again , have a significant effect on the the proposals as listed go co urt must apply these Morrow, guided by Abrams and Mortow argued for school itself. Externall y, the through, the Board of Censor's standards. It is hard to conceive faculty-coach Paul Sandler, took the team , and i.!l a deliberate, and honor already achieved in the will have furnished itself with that the views of the average first place in Region Three confident manner defeated the Regionals enhances the stricter guidelines with which to ' . person are being adequately competition by defeating the University of Maryland. In the reputation of the law program , fight the evils of sexual activity represented in such a meager reigning nahonal champion, final match, Georgetown, who a nd the team is seen as in motion picture films. sampling of the community. Georgetown University. The had defeated Penn, met our representative of the type of As the law currently is While not attempting to team will now go to the National­ representatives in what was later students the school is now constituted, all films shown for make a comprehensive analysis Championship to be held in New des cribed as a brilliant attracting. Internally, this year's co m mercial profit must be . of the merits or demerits of the York - November 26-28, where exhibition of appellate success, co upled with last year's submitted to the Board of proposed legislation at this time, Baltimore's·first round opponent advocacy. The result was a fine showing (3rd place in the Censors.The Board must license the "Forum" editors feel that will be Boston College. perfect 4-0 record for Baltimore, regionals) may be the seeds of a the film or apply to the Circuit the citizens of this state are UB's road to success began and a defeat for national tradition of Moot Court Court of Baltimore for a judicial responsible enough to act as November 7, when Abrams and champion Georgetown. excellence. determination of whether such their own censors and that the Morrow , arguing on behalf of Observers saw the The team was thankful for film is obscene under standards proposed legislation should not "The Ihcorporated Village of Georgetown match as extremely the warm support they have set forth in Section 6, Artkle become the. law of this state. Bucolia," defeated the advocates close, but the judges were 66A,MarylandCodeAnnotated, Unfortunately, all too enjoyed from the student body , from Howard University Law . im pressed with two elements of' and in particular was grateful for within 5 days. The Circuit Court frequently, we citizens take no i w h .), j' e 'p 1 e s'e e dt h e B1aU f:nore ' s presentation in t~ the guidance received from th e of Baltimore is a court of equity action because we are (either "Amalgamated Workers Union." part icular: responsiveness to entire administration and and hence there is no jury trial uninformed or are too apathetic Later that evening, Agleoff and questions, ilnd preparation. faculty. But the most praise was for a determination of whether to voice disapproval, and as a Abrams, arguing this time on Abrams saw both attributes as for Sandler. whose contribution the film exceeds the guidelines conseq uence , legislation behalf of the Union, defeated ' characteristic of Baltimore Law was call ed " immeasurable." established by Section 6. It is becomes law by default, the team from Temple students. "That this team was so these guidelines which the Board especially in matters in which University. well prepared to argue the law in The team will conduct a seeks to make more stringent. legislators do not receive At the conclusion of the first . this case ," he explained , " is a formal practice session in Proposals for modification of fee d b a c k fro m t h'e i r day's competition, Baltimore, direct reflection on the faculty Langsdale Auditorium Tuesday the guidelines include: anything constituency and wish to take a Penn, and Georgetown were and entire program here at evening, November 20 at 9 PM , in a 'fiIm that "depicts or "safe" stance. undefeated. The University of Baltimore," Abrams emphasized at which time the Regional Moot describes patently offensive As law students, we should Maryland, with a I win - I loss that the positive attitude and Court trophy will be presented representations Of, descriptions h e ve an awareness of the record, was chosen as the winnin g technique directly to the schooL The judges for the of ultimate sexual acts, normal legi s lative process and "wild-card" team to participate resulted from the coaching of evening wil l be lawyers and the or perverted, actual or in .the Regional finals the next faculty adviso r, Paul Sandler, law school deans. Students are Contil1ued 011 page II simulated; anything in a film night. himself a former .advocate on a urged to attend. that "the average person, applying contemporary co m munity stand ard s would find that the work , taken as a Alaskan Pipeline: Oil Rides the Law whole, appeals to prurient interest ;" and any part of a film that "taken as a whole, lacks by Jennifer Bodine (NEPA) requires that prior to temperature of 145 degrees reaches Valdez, it must be ship­ serious literary , artistic, political any federal action that sha ll ad­ Farenheit under and over a vast ped by oil supertankers to the or scientific value." If these November 17, President versely affect the environment, stretch of Arctic wilderness on a U.S . west coast, risking chronic guidelines were currently in Nixon signed the authorization an environmenta l impact state­ daily basis. The building route, oil discharge a nd maj or oil effect, it is conceiveable that of the Trans-Alaskan oil and ment be submitted to the Coun­ crossing' three earthquake zones, spills. such films as "Last Tango in gas pipeline into law. So ended cil of Environmental Qua lity is renowned for its seismic acti- Perhaps the most devastating Paris" would -!lot be granted a five year struggle between and be made available to the affect of the Pipeline law is not permission to be shown in Congress, the Department of the public, detailing the affects of its direct adverse impact on the Maryland. Although there may Interior, the oil concerns, some the proposed action. Further­ environment but its ad ve rse im­ be room for debate as to the Alaskans and the environment~ more, NEPA provides for jud­ pact on environmental law. value of such films, a serious and alists. The necessary right of icial review conc'erning a ny ac­ NEPA provi des for the j udi cial basic question must be asked , to way has been granted to' the tion to be taken, to assure tha t review of governmenta I actions wit , 'Does the State of Alyseka Pipeline Company, a any act done, will be the best that will adversely affect the en­ Maryland , through its Board of consortium of seven oi I industry alternative available so as to vironment. This Act has been Censors, have a legitimate giants (Atlantic Richfield , assure maximum protection of considered the most fund­ interest in restricting the Exxon, Britiss Petroleum , our environment. Accordingly, amental of our environmental showing of such films?" Current Mobil, Phillips, Union, Amer­ a six volume, $42.50 enviro­ protection laws. The right to justifications rest upon the ada Hess) to start construction nmental impac t statement appeal to the courts is the back­ presumption that such materials of the pipeline. By 1976, a representing two years of work bone of the act, not to mention are harmful to society because 789 mile pipeline will stretch and thousands of man hours of the backbone of our entire legal of adverse effect upon from Prudhoe Bay to Valdez preparation was published last system in the United States. individuals who may be bringing- an anticipated 9.6 March, 1973. This new pipeline law in fluenced to anti-social billion barrels of oil out of the The statement does not emp­ provides that "no rights-of-way behavior by such materials. Alaskan North slope at the rate hasize, but it clearly points out, or permit which may be granted Indeed, the reported thrust of lof two million barrels daily. tha t such a pipeline could Jennifer Bodine by the Secretary of Interior "', the Board of Censors is against How this pipeline will affect devastate the Alaskan wild­ vityand in the past 70 years, 23 and no permit or other form of the commercial exploitation of the environment has by no erness and her waters. There is major eaIthquakes have af­ authorization which may be "hard-core" pornography, but means been satisfactorily res­ no "good" way of running two fected the terrain upon which granted by any other Federal we feel the guidelines which olved. The National Envir­ million barrels of hot oil the pipeline will be erected. have been proposed would allow onmental Policy Act of 1969 through 48 inches of pipe at a Furthermore, after the piped oi I Continued 0 11 page 11 p,p..~!i ~-THE FORUM (10 TC 406). A different tax the husband to pay to the wife' consequence occurs when the $132,000, payable $1,000 per payment of a lump sum by the month for eleven years. The husband to the wife is in $12,000 paid each year by the Separation or settlement of periodic payments husband being within the 10% in arrears; such lump 'sum limitation (10% of the principal payment retains the character of sum of $132,000 = $13,200), is the delinquent periodic treated as periodic payments and Divorce: payments and the entire sum is conseq uently, ded uctible by the taxable to the wife in the tax husband and income to the wife; year received and is therefore b) Husband aoo wife are deductible by the husband (See calendar year taxpayers and the' A Taxing e.g., Warley v. McMahon, 148 governing instrument provides F.Supp. 388 (1957)). It has been that the $132,000 payable to noted earlier that installment the wife be paid by a cash down Editor Dan DiBenedetto reviews payments of a determinable payment January I of $13,200 Forum editorial policies with new Experience fixed sum (e.g., $100 per month and $900 per month for eleven ASSOCiate Evening Division Editor for five years = $6,000) do not years commencing the ' same Clay Gtuart. qualify as periodic payments and January l. During the first year, -w-i~t':-h--a-:I~i-m-o-n-y-~t-r-u-s~ts--a-n~d:­ are therefore neigher income to the wife would receive a total of [transferred property, mention the wife nor deductible by the by Clay Stuart payments received by the wife $24,000 ($13,200 cash down should be made of the husband (IRC S 71 (c) (1)). after a decree of divorce or of payment plus $900 per month contrasting applicability of Where the total sum to be Amidst the emotional trial separate maintenance, must be for twelve months). As only 10% sections 71 (a) and 682 (a) in received by the wife is made often experienced by a husband included in the gross income of o~ the p~incipal s~m.or $13,200 this area. Under 71' (a), where indefinite by the terms of the and wife in connection with a the wife for the tax in will quahfy as penodic payments periodic payments representing ye~r governing instrument there will divorce or legal separation, little which the payments are for the tax year, the husband alimony, received by the wife, . be a different result. Thus, if in . consideration is usually given to . r e c e i ve d . Such p erio d ic m~y deduct only $1.3,200 as are attributable to property the foregoing illustration, the the income tax ramifications of payments made by the husband a!imony and the Wife must transferred in trust or otherwise husband must pay $100 per the decree of divorce or written must be' pursuant to the include in her gross income for such property must have bee~ month to the wife until she separation agreement. Quite governing decree and in' the tax ye~r , $13,20? of the transferred in discharge of a legal remarries or until the death of naturally the spouses are discharge of a legal obligation $24,000 which she receives. obligation imposed on the either spouse, the total sum preoccupied with responsibilities imposed upon or incurred by husband by the governing which the wife will actually Alimony Trusts to children, rights of visitation him by virtue of the marital or divorce or separation receive is ·indefinite. The and d'ivision of property jointly family relationship (Int. Rev. instrucment because of the contingent nature of these owned or beneficially enjoyed Code of 1954, as amended, S 71 A somewhat complex area marital or family relationship; payments converts the by both. In such situations, the (a) (1 )). Exclusive of certain relating to financial arrangement such payments are wholly installments into periodic expertise of the representing contrasting provisions, some of butween divorced or separated includible in the gross income of payments and as such are attorneys must include not only which will be noted in discussing. spouses arises in conncection the wife, no income or income to the wife and the area of domestic relations, alimony trusts and transferred with alimony trusts. Under deduction to the husband. deductible by the husband (Reg. but the relevant area of taxation. pro perty, periodic payments section 682 (a) of the Intemal Section 682 (a) applies, for S 1.71-1 (d)). A preliminary comment includible in the gross income of· Revenue Code, the spouse (e.g., example, to a trust created prior appears appropriate with respect the wife, paid by the husband Payments contingent on the the wife) actually entitled to to the divorce or separation, to "wife" and "husband" as within his tax year, are husband's income may also receive payments from the trust without contemplation of a used for convenience throughout deductible by him for income convert installments into is considered the beneficiary of marital dissolution; amounts this article. For purposes of tax purposes (IRC S 215(a)). periodic payments. rhus where the trust rather than the spouse paid, credited, or req uired to be clarification and in accordance The income tax ramifications the husband is required to pay (e.g., the husband) whose distributed to the wife in this with section 7701(a) (17) of the described in connection with to the wife monthly, 20% of his marital obligation is being situation are included in her Internal Revenue Code, where divorce or legal separation are monthly gross income over discharged by the payment from gross income ollly to the extent appropriate, "w ife" should be also applicable in 'situations $600, (where the husband's the trust. Thsu, in such includible in the taxable income of a trust beneficiary; no income read "former wife" and w here the spouses )lava, income iI" ~ot f\xep) [the (situat~on, trus~ income ,which is "husband" read as "former separated and there exists a amounts paid will fluctuate paid, credited, or required to be or deduction to the husband. husband;" the position of the written separation agreement making the total sum to be distributed to the wife in her tax wife as payee and husband as (IRC S 71 (a) (2")0, or decree for received by the wife indefinite. year, which except for the Child Support payor, might be reversed id support (IRC S 71 (a) (3)), Where pursuant to the terms "beneficiary" provision of 682 , specific factual situations. provided, that a joint income tax of the governing instrument, the (a) would be includible in the The final area to be The paragraphs which follow return is not filed by the principal sum payable to the gross income of her husband, is considered, one which is will survey several of the income separated spouses for the tax wife may be paid over a period includible in her gross income invariably involved in financial -tax considerations applicable to year involved (IRC S 71 (a) (2) more than ten years from the and is not includible in his gross negotiations relating to payments made to the wife by (3)). d ate. of such governing income. The foregoing treatment separation or divorce and which the husband pursuant to a The previously noted instrument; these installments of trust income does not apply should be of prime concern to decree o.f divorce or separate provisions of Section 71 (a) (2) shall be treated as periodic to that portion of the trust the parties involved, is that oJ maintenance, or written requiring that periodic payments payments, in any one taxable income which under the terms 'payments made for the support separation agreement executed be made after, and in accordance year of the wife, ubt only to the of the divorce or separation of minor children. Such . after August 16,1954, or decree with a written separation extent of 10% of the principal instrument, or fixed by the trust provision should be made for support entered after March agreement have been strictly sum (IRC S 71 (c) (2)). The instrument, is payable to the irrespective of tax conseq uences 1,1954. construed by the Tax Court. application of this provision may wife for the support of minor or label affixed to the prescribed Where spouses separated, no be seen from the following children of the husband. payment, however, it is the term Periodic Payments decree of divorce or separate illustrations. a) Husband and Although it is not possible to used in the governing instrument maintenance havinG been issued wife are calendar year taxpayers discuss herein, all possible (child support or alimony) Of prime importance in under which the husband and the decree of divorce or situations and tax ramifications which determines the resulting determining whether or not a incurred alimony payments, an separation agreement req uires which may arise in connection Continued on page 11 taxable event results from oral agreement reached between amounts paid to the wife by the the representing attorneys husband pursuant to the divorce, providing for support of the separation or support instrument wife, was held insufficient to is whether such amounts allow a ded uction as alimony of constitute periodic payments. amounts paid thereafter by the The payments made need not be husband (TC Memo 1973-19). at regular intervals to qualify as periodic payments, however, the Lump Sum Payments governing instrument must contain no proVision which In contrast to the income tax tends to fix the total sum to be' status of periodic payments, is received by the wife. For that of alimony payments FEATURING: example, if under the governing classified as "lump sum." The instrument the · husband is payment of a lump sum by the • Two volumes of course outlines of outsta~ding quality. req uired to pay to the wife $100 husband to the wife in discharge • Seven weeks' of classroom explanation and discussion of past and hypothetical bar exam per month, the total amount of the obligation imposed by the questions and answers. which the wife will actually governing instrument is for • Quality instruction by a young, dynamic faculty willing to do more than just what is ' receive is indefinite and these income tax purposes neither required. payments are considered to be deductible by the husband nor periodic payments. However, income to the wife. This tax ,4 A revised cours~ designed to keep you abreast of recent changes .in the law and the bar exam itself. .. .• were the requirement imposed treatment is also applicable, for to provide for the payment of example, in a situation where • A pragmatic course, limited in size, and taught in classrooms located in central down· $100 per month for five years, sub seq uent to a decree providing town Baltimore. the total sum to be received by for periodic payments, by (301) 987-1117 ANYTIME, DAY OR NIGHT, OR the wife is fixed ($6,000) and agreement with the husband and MARYLAND BAR REVIEW COURSE, INC. these payments are not treated wife accepts a lump sum POST OFFICE BOX 1144 as periodic payments. payment in full settlement of LANGLEY: PARK, MARyLAND 20787 In the case of a divorce or the husband's obligation to legal separation, periodic make future periodic payments

t''Ift'1.~'"'''''' ...... '- .. ~ ...... ~.~;, ... 'DECEMBER, 1973--PAGE 3 had as to withdrawing the force has been a re-emergence of the ties might bi:- considered valid'. has not been given to Secretary­ Western European states in the In Korea in 1950 the Security General Waldheim. The author­ form of the European Com­ CouI}cil made such a determina­ ity to do this has been kept-by munities, and an emergence of tion and sent military forces to the Security Council acting as a both the People's Republic of stem the North Korean attack, collegiate body. This is a pro­ China and Japan. While action The Security Council never im­ position that the Soviet Union­ by the General Assembly in the posed a treaty or other agree­ has consistently argued for, and 1950's might have been re­ ments. correctly so. Control of the quired in light of the Soviet­ Imposing treaties in the con­ force should remain in the American stand-off, thus, the in­ text of enforcement actions Security Council and not be activity of the Security Council. would amount to a Charter in­ delegated to anyone individual. This is no longer the situation. novation. Imposing treaties or The creation of the force was The apparent Soviet-American military forces by the Security authorized by the Security coopera tion, for whatever mo­ Council pursuant to the pacific Council and its removal should, tives and duration, has focused settlement provisions (Chapter likewise, only be authorized by United Nations actions back to Six) of the Charter amounts to a the Security Council. the Security Council. Such clear violation of the Charter. The constitutional bases of cooperation between the Great This would violate the basic the old UNEF under the United Powers was the situation that principle of the Charter that Nations Charter was never very was envisioned by the drafters recognizes the sovereign equa 1- clear. It was authorized by the of the Charter in 1945 as a pre­ ity of member states (Article General Assembly, presumably requisite of effective United Na­ 2( I)), and ·the implicit 'prin­ under its authority to establish tions ac tion. ciple, existing also in customary subsidiary organs (Article 22). international law, requiring The new UNEF was established state consent in assuming inter­ by the Security Council under by Stuart S. Malawer rather than as a peacekeeping national treaty obligations. action. The Security Council its authority relating to the The use of peacekeeping for­ pacific settlement of disputes The dual problem of the use may only impose a force after it ces under Cha pter Six was a (Chapter Six - Article 33(2) & of imposed military forces and has determined under Article Charter innovation. The use of 37(1)). imposed treaties has recently 39 that there has been a "threat imposed treaties as a means of The constitutiona I basis of the been raised in the context of to . the peace, breach of the managing regional conflict is old UNEF was considered by settling the Arab-Israeli con­ peace, or act of aggression." not specifica lly provided for in flict. These alternatives have This is under Chapter Seven of many states to amount to an un­ Chapter Seven. Such practice authorized constitutional in­ would be, likewise, a Charter been suggested by some as the Charter which does not re­ novation. These states con­ innovation, It would be a more · viable means of ensuring that quire the consent of states in­ sidered that only the Security significant development, since it the October War would be the volved. Peacekeeping forces as Council could authorize mili­ is not based upon the consent of last in the series of wars be­ previously used in the Middle tary forces to be used. Even the specific states involved. The tween the Arab states and the East were firmly based upon the though peacekeeping forces use of imposed trea ties may be state of Israel. Unfortunately, consent of the host sta teo The were never explicitly provided both politically and legally cor­ the validity of these approaches new United Nations Emergency for in the United Nations Char­ rect in the future. The alterna­ under the United Nations Char­ Force of 1973 falls under ter, the authorization of the new tives of using both imposed for­ -ter and international law has Chapter Six of the Charter and Neither the Charter or the UNEF more closely conforms to ces and imposed treaties may be not been clearly understood. recently concluded 1969 is a peacekeeping force requir­ the only viable means in avoid­ After Dr. Kissenger's tele­ the intent of the drafte-rs of the Vienna Convention on the Law ing the consent of all states in­ Charter. The drafters of the ing a fifth Arab-[sraeli war. vised news conference during of Treaties explicitly provide volved, rather than an enforce­ Charter had clearly intended Law, especia lly, international the worldwide alert of United for imposing treaties on states ment action which needs only only the Security Council to law, needs to be guided by de­ States military forces, the New without their consent. To em­ the consent of the Security authorize the use of military sirable goa ls, morethan by more York Times ( 10/2 6/73 a t 21:5) phasize this point, Article 52 of Council. forces in enforcement actions consistency of legal principles. indicated that the basis of The original United Nations the: Vienna Convention speci­ I (under Article 39 & 41), when Yet, it may be consistent to as­ peacekeeping forces was Arti­ fically declares that, "A treaty Emergency Force of 1'956 there was a n act of aggression. sume tha t when th e drafters of cles 43, 45 and 48 of the United (UNEF) was based in Egypt is void if its conclusion has been . The new UNEF was authorized procured by the threat or use of the Charter gave the Security Nations Charter. T hi s is incor­ upon the consent of the Govern­ by the Security Council with the force in violation of the prin­ Council authority to impose for­ rect. T his is not merely an error ment ' of Egypt. It was precisely consent of a II sta tes concerned ciples of international law em­ ~es in situations involving the as to whi ch Charter provisions ­ thi s consent , when it was with­ to help foster peace. The cur­ bodied in the Charter of the threat or breach of th e peace, are involved, but as to the very drawn in the early days of the rent formulation of the new United Nations." The onl y ex­ they also intended it to have the basic concepts of nationa l sov­ 1967 crisis, that was considered UNEF amounts to a corrective ception to this is the provision authority by implication to im­ ereignty of the highest order - ­ by the then Secretary Genera I ac ti on on part of the United Na­ (Article 75) a ll owing treaties to pose treaties a nd forces in a sit­ the placing of foreign military U-Thant of the United Nations ti ons. An acti on that is con­ be imposed on aggressor states. uation as the one existi ng in the forces on another's territory. to require the rem9val of the sidered a necessary and valid Such aprovision inherently does Middle East in th e fall of 1973. The above Cha rter provisions force which had been keeping constitutiona I implication of not treat the underlying causes T o the extent that the Un ited (including Article 42) relate to the peace for over 10 years. sensible proportions. of a dispute. [t on ly permits th e Nations was formed on the as­ the au th ority of the Security The basis of the new UNEF of The old UNEF came into restoration of the situation to its sumption of Great Power con­ Counc il to impose forces on a 1973 is also the consent of the existence in 1956 a t the height form prior to the initial aggres- sensus, ana lagous to the 19th sta te as an enfo teem en tact io n , states on whose territory the of the bipolar Cold War be­ sion. Century institution of the Coun­ force will be based. The dimen­ cil of Europe, the fostering of a tween the United States and the It is only in the context of sions of this consent still remain Soviet Union. The new UNEF Security Council aC.tion, after Middle East peace might be the Quickea Offset to be more fully detailed. The has come into existence in a determining a threat to or a first act of a revita li zed Security la rge degree of discretion that Inc. ' multipolar international bal­ breach of the peace, or an act of Council, acting in its intended the former Secretary-General ance of power situation. There aggression, that imposing trea- manner. One concl udes with the general observation pertaining to future actions by the United Nations a nd the G reat Powe rs that, only when the interna­ Curlander Law Book Co. tional legal context of interna­ tional political actions is fully 539-4116 understood, a re the cha nces for 525 N. CHARLES STREET success enh anced to the maxi­ XEROX 7000 COPIES mum. To this end this ana lysis is BAL TIMbRE, MARYLAND 21201 (can reduce large respectfully dedica ted. originals) EDITOR 'S NOTE: Professor Malawer participated in the FAST PHOTO-OFFSET Case Booles -- Prepared Briefs United Nations Intern e Pro ­ PRINTING gram at the United Nations Headquarters in New York City IBM COLD TYPE Text Booles -- in 1968 and served as a Special COMPOSITION Rapporteur to the American Bar Association's Committee on Gilbert Summaries Peacekeeping Forces. . COMPLETE COMMERICAL U.·C. C. Hand~oole GOOD LUCK! Once again finals are roll­ STATIONERY AND law Exam an a,d '0 Muftls'a', lar Exams ing around and the Forum LEGAL PRINTING would like to wish all law students the best of luck on 2303 North Charles.Street P60ne and MAIL ORDERS their exams and an enjoyable Baltimore,Maryland 2121 holiday season to follow. 467-5800 p~·,mptly filled DJ.D . December Frenzy Once again the semester comes to a loose ends - but they aren't entirely to The administrators, by scheduling exams grinding halt as everyone, faculty, students blame. on top of each other and providing a reading and administrators, enter the examination There are a multitude of reasons why so period of about two days, also c-ontribute to period in a tail spin. many professors find themselves into the sea of madness. Administrators trying to' organize and November with one-half to one-third of the Even if exam scheduling cannot be done prepare registration materials and scheduling course material yet untouched. more effectively, then I can see no reason for next semester; faculty members trying to In the beginning of the semester it is why the reading period cannot be extended forge through reems of material in order to understandable that the professors would from two_days to a week or two. complete their co urses with some degree of want to move a bit slower - at least until the If this were done, both students and resemblance to their earlier stated co urse students get a feel for the course material and objective, and simultaneously trying to the terms that wiJI be used; then there are faculty cou1d have at least a week or two to ascertain what information st udents should be always the unprepared students who act as an gather their wits; and students could prepare tested on; and students, gasping for air in anchor around the class's neck-causing a for their exams the way law exams should be their continuous effort to either catch-up or general lag in valuable recitation time. prepared for, the result - alleviation of ' ,pressure and better prepared law students. keep-up with their professors' flight through The most annoying of all the variables what often turns out to be a damn good responsib Ie for retarding class progress are It just doesn't seem logical to me that a percentage of accountable course material - those students who insist on questioning the law school does not allow for a longer reading to say nothing of trying to prepare for the professors about every minute detail or period prior to exams when the basis for the exam period with that familiar ax hanging abstraction. that they can muster and put into study of law involves so much reading. closely overhead. an interrogative format - questions that they If the law school expects t6 prepare It's no wonder that amongst the season's could answer themselves had they bothered to students for the Bar and for practice in luminous colored decorations, the law library make the effort either to use their heads and general, then I think it is essential that the and law classes look like a storage extension think, or to check with supplemental course administrators, faculty and students of the city morgue - with complexions as materials. reconsider their efforts to this end and work pale as the pages of the texts and circles What these students don't realize is that together to formulate the most effective around each eye as dark as the print. even though they may be impressing program possible. I cannot help but wonder if examinations themselves, they are annoying the hell out of I would suggest to both Dean Curtis and are really tests of legal knowledge 'and its their fellow students and faculty, along with Assistant Dean Buddeke that. they consider application, or whether they are tests of usually disrupting the professor's attempt at the creation of a committee similar to the physical and mental endurance. The latter a1) orderly presentation of the materialt')o \ Curriculum Committee (representing faculty, seems to be more of what is indicated by the , I would like to recommend to the faculty studen1:s and administrators), and have this examination ritual. that they consider the time factor all through committee convene on such matters as But why must the prer1ration for exams, the semester - it really isn't fair that students scheduling, reading periods, exams, and other and the period just prior to preparation, be have to be faced with so much course work in topics of concern to the entire University such a physical thing? the last three weeks of the semester, community. I would feel more comfortable if I could especially the way the exam schedule is Students should also take the initiative and just dump the blame on the faculty for not worked out. The faculty, being in the position express their feelings about this to the having the_ foresight to prepare their courses of control over dassroom procedure and Student Bar Associations and their so that they would reach their peak speed at policy must assume a major portion of the representatives so that they can carry the or around the end of October, and leave responsibility leading up to the end of the request through the proper channels and work November for winding down and tying up semester frenzy. for its attainment. FORUM STAFF Daniel J. Di Benedetto In Retrospect Editor·in·Chief Paul B. Luskin ...... Executive Editor Micha~1 B. Hare ~ ...... Associate Editor· Day Looking retrospectively at the Forum, as is there is also a marked increase in the growth Clay Stuart ...... Associate Editor· Night Gloria Sodaro ...... News Editor the custom at this time of year, I cannot help of student enthusiasm and participation in the Stuart Robinson ...... Contributing Editor but feel satisfied and pleased at the progress paper. My .only regret is that the Jennifer Bodine ...... Environmental Editor we have made over the past few months. My administration and faculty (except- for W. Stanwoo.d Whiting ...... Supreme Ct. Editor warmest thanks are ex.tended to all who have Professor Malawer) have not had the Marty McDonough ...... Art Editor contributed to its growth. opportunity or interest (whatever the case Steven Greenberg ...... Advertising aNd Circulation By growth, I am referring to something Bo Hitchcock ...... Photography may be) to contribute to the Forum's growth. Stuart Malawer ...... Faculty Editor more than just the physical growth of the Although it is a student publication, I Robert J. Lipsitz ...... Managing Editor paper. Among other things, I am referring to would think that the faculty and Staff - Les Auerbach, John Axel, Alan Cecil, lee the increase in distribution (printing administrators would welcome the enthusiasm Clark, Don lorelli, Tom Groton approximately 1000 more copies per issue) and efforts made by the students and work Contributors: Augustus Brown, John Beiss, Professor that we found necessary in order to expand with them to encourage their continued Stuart Malawer, Charles Shubow, E.D. Welch - our reciprocity with other law school papers, participation. Faculty Advisor ...... Professor Malcolm F. Steele to send it to state and local government The Forum staff is making a wntinuous The FORUM is the official publication of the officials, to Annapolis, to our own alumnil effort to improve its materials and appeal. We University of Baltimore School of law and is printed and to extend the Forum to different court are trying to provide the law school with a for the students, faculty, and alumni of The School of law. and bar libraries. balance between material of a legal nature and Opinions expressed herein, other than those in Besides increasing distribution, the Forum that of student interest. by·line articles, are those of the Editorial Board of The has entered the National ABA Newspaper We have hoped to make ourselves as FOR UM. The contents of this publication may be . Competition, where we will compete with available as possible to each division of the reproduced in whole or in part only if prior every other law school's news publication, University - day and evening - and would permission, in writing, is obtained. Editorial offices: 1420 N. Charles Street, Room 304·B, Baltimore, and for the first time in its history, the Forum welcome constructive criticism from any of Maryland 21202. Telephone: (301) 727·6350, Ext .. (along with the SBA and ESBA) is sponsoring its members, including the faculty. 234 or 252. an Essay Contest. It is with the spirit of enthusiasm - a spirit Printed by the Record Composition Co., Together with these aspects of growth, (Continued on page 7) Silver Spring, Md. DECEMBER, 1973--PAG'E 5 questions, the one man who sanction by a House vote of 2/3. It seems iron'ic that a man needs to speak up stands silent. The same is needed if an actual pledged to law and order has The President is able to function trial occurs at which point the . seen his closest associa\es, in­ only as effectively as public Chief Justice of the Supreme cluding the head of: the Justice ReDlove the support will allow him to, Court presides. Just as in a Department, indicted for illegal coupled with always main­ regular court trial, all evidence activity, as well as generally taining the integrity of the is submitted and a verdict is seeing an erosion of law and or­ -Presidency. Both of these reached. However, to remove der by those who must enforce elements are waivering on a the President requires the the laws and protect the rights Cloud - 'hnpeach critical level. This is earmarked Senate's 2/3 vote. Clearly the of the individual. by a s eeenous detente with the process is to preserve at all The cloud surrounding the of­ USSR and domestically costs the office of the President. fice must be removed, not only disastrous stock market and cost This possibility could have to preseTve detente and internal of living indexes. been avoided had the President stability politically and It is vital, therefore, tha t the confronted the problems as they economically, but more im­ the President President function without a arose. He chose to in essence portantly, the integrity of the of­ blemish to the integrity of the remain silent by non­ fice must be reinvoked in the Presidency. Only one way to ac­ cooperation. Further, he fired Office of the Presidency. This complish this remains at this the very man he selected "to has been the earmark of the of­ juncture in time, the im­ end the Watergate problem by fice and depends on its vitality by Stu Robinson Western White Houses, as well peachment of the President. having full cooperation and in­ via the confidence of the as the land upon which they are Most people have miscon­ dependence," not to mention American people which then built, hundreds of thousands of ceptions about impeachment as causing the subsequertt na tura Ily extends to our in­ Public officials are subject by dollars of illegal ~ampaign con­ the public feels it is synonomous resigna tion of the Attorney ternational dealings. their very nature to c,riticism. tributions to re-elect the with removal from office. This General and Assistant Attorney Nowhere does our Con­ However, no administration in President, and, most 'lotably, simply is not true. General of the United States. stitution put the President above our recent history has done so the Watergate incident and ) mpeacliment is merely an in­ This turn of events is almost the law. He is, as we are, subject much so as to cause an almost those questions stemming from vestigation by the Congress into unbelievable, yet the President to all laws and their respective insurmountable lack of con­ it. the a(legations presented in asserts he is innocent. To penalties if they are broken. fidence as in the Nixon Ad­ While, as stated, the . above search of either establishing alleviate this situation, he must Once a decision is reached on ministration. To date, we have are· mere allegations, the public substance to those allegations now probably go through a the sta tus of the President a t a allegations of political has the right to know about the making them facts or else procedure which will probably judicial hearing in regard to his sabotage, bribery, price-fixing White House involvement, if dismissing them as being empty sound the death knell for his ad­ innocence or guilt, the cloud through industry influence (i.e. any such involvement exists. charges. The procedure is quite ministration. For damage has will be removed. Then the task milk lobby), questionable ex­ Unfortunately, when leadership arduous as it entails not only an been done. The office has lost of reinstating the integrity will penditures for the Southern and was needed in answering these investigation by Congress but its its aura of dignity and integrity. begin.

people anything.'" He was then not to be punished for non­ tha t the stop itself, and the en­ scrutiny of the nation's highest Supreme Court arrested for disorderly conduct - . provacatively voicing his ob­ suing unpleasantness, subjected tribunal was required to affirm . not for resisting a pol ice of­ jection to what he obviously felt petitioner to sufficient in­ Mr. Norwell's right to walk Notes: ficer's duty -- and pushed half a was a highly quesiionable convenience to comprise a home from work, unharassed by block into the police car. detention by a p'olice officer." punishment of sorts. What is inappropriate police in­ The municipal judge decided The Court ignored the reality more unfortunate is that the terference. that Norwell was " hostile" to Once More the policc::man, and that he was "sur's!" the arresting officer had no adverse predisposition. A ten-dollar fine and costs were For imposed "for being so noisy." The Supreme Court disagreed, by Bart Walker One of the complaints problem concerning saying "we are convinced ' that - concerned the hours that the employment. Additionally the Individual petitioner was arrested and con­ Now that school has been in library was open. I am happy to Young Lawyers Section of the vinced merely because he ver­ session for nearly three months, inform you that improvement Bar Association of Baltimore bally and negatively protested most of the committee and the has been arranged. The Saturday City held a sy mposium for the / Officer Johnson's treatment of officer have been functioning hours have been extended until benefit of the Law School Rights him." The Court noted the ab­ tediously. The SBA has taken 9:00 P.M. and the weekday student body on November 13. sence . of ablJsive language or the initiative and we await your evening hours have been The panel was headed by Frank "fighting words." response and participation. I extended until 12:00 midnight. Gorman, th e committee 'by W. Stanwood Whiting would encourage all students If the exta hours are put to good chairman , who introduced each The factua I nuances given in who have suggestion or use they will be maintained on a Cincinnati's disorderly con­ the opinion lends interesting recommendation for perm'anent basis. Hopefully all Law Day duct ordinance was again con· color to the situation. Norwell improvement to contact the students will take advantage of stitutiona lly clipped this month was 69 years old, had im­ SBA office and make this idea these hours. in Norwell v. Cincinnari. (42 migrated to the U.S. only twenty known. U.S. Law Week 3265). In 1971 , years earlier, and helped his son Honor Court Within the next few weeks in Coares v. Cincinnari operate a small city liquor ABA/LSD, The revision of the Honor the SBA will be soli citing your something of a landmark for its store. On the Christmas night he The week end of October Code is presently proceeding and a tt e n t ion with respect to vagueness ruling -- the Supreme was arrested, he was working 20th was an important one for a report will be issued to the participation in the law day Court had held the city's or­ late, as he did every night, the University of Ba~imore revision committee shortly. The program. This production is dinance void on its face, not presumably very busy in the School of Law . the third circuit committee will then be able to designed to e du ca te the only for lack of precise stan­ holiday season. And, as the conference of the ABA/LSD was make recommendations, et c. community at large with rega rd dards, but for its oppressive ef­ record indicates, wary of hoid­ held at Philadelphia , Hopefully the new code will be to law. This year Law Day will fect on the rights of free assem­ ups. A former owner had been Pennsylvania and was attended published by the beginning of be directed toward "youth and bly and association (402 U.S. killed in the store, and several by Jeff Himmelstein our next se mester. the Jaw." 61 I, a Iso reported in the break-ins had occurred. .ABA/LSD and myself. . A In summary, the SBA like Remington crim law sup­ Perhaps Norwell felt some bit­ complete report will be filed by Banquet ' other organization, may be plement). There, the ordinance terness toward a police force Jeff shortly. The annual Law School a ccused of doing little or had made criminal the assembly which, instead of preventing Red Cross Blood Drive Banq uet is sched uled for March nothing. The plain fact is we are of three persons on any robberies, seemed more in­ The' University of Baltimroe 1st , 1974. Their is still a great limited to what we can do sidewalk "conducting them­ terested in harassing their vic­ Blood Assurance program deal of work to be done on the without your help. If you don't selves in a manner annoying to tims. When he closed the store sponsered a Blood Drive on Banquet. Any student who like what is going on, then get persons passing by." This term, and began walking home at October 29 and 30 in the lounge would like to participate and some guts and articulate the the Court approached the 10:30 he was intent upon wat­ of Charles Hall. I would like to help in planning,. should contact problem you see. Either way we statute as applied to Norwell's ching the late news on thank all of you who took the the SBA office at once. Any enjoy participation and ideas'. situation, the new language it­ television. time to participate. I am suggestion concerning social The SBA is only as good as you self not being constitutionally encouraged that you recognized even ts should be brought to the want it to be. So lets get objectionable. That the Court found such the importance of the program. at t ention of your class professional and continue to Norwell was walking on the background -worthy' of mention Unfortunatly the response was representative. construct viable programs. darkened city streets around might raise questions as to not even close to what it should 10:30 p.m. on Christmas night, whether petitioner would have have been. The program was Placement Bat Review Course 1971 . When approached by a been so favorably received if he oniy partly successful. I hope The Career Convocation was policeman wpo was seeking "a had been twenty, unemployed, that when the second drive takes held on November 7th and 8th Many Bar Review Companies suspicious man" reportedly and anticipating nocturnal pur­ place this spring everyone will and was very successful. A great have contacted the SBA lurking in that neighborhood, suits less respectable. Still, what consider the importance of the number of students attended regarding their Bar Review Norwell ignored him, turned is reassuring about Norwell is program and actively participate. and the various employers were courses. tn each asethe names around, and walked away. The the Court's firm assertion that a Law Library pleased with the turnout. The and addresses of all third and officer theh twice sought to stop citizen may not be punished for . convocation offered a good fourth year law students has him, and was twice repelled -­ his mere reasonable refusal to As most of you know their opportunity for the student to been mailed to them. You Norwell "threw off his arm and buckle under to the abuse of have been many complaints discuss informally with should be hearing from them protested, ') don't tell you police authority. "Surely, one is about the library in the past. employers any question or shortly. PAGE S--THE FORUM I ~

YE4H~ THE"OL'D 5Tt.JDYGJ«>t.J"P HAS 5U~E ~OJlE ALL 7U HELL'

Letters to the Editor: ======

Dear Editor, obtaining the inclusion of the learned what the course the . near future. Dues paying Gurion concerning the type of Trial Advocacy co urse in the involved, [ really wanted to take members will be able to pick up Democratic government th'at I would like to use the spr ing semester evening the course, feeling it would' be a one free blue book per course at the State of Israel would insti­ facilities of this column to sched ule. very beneficial practical learning the book store upon presen­ tute. He stated, " Both men wan-. extend my -thanks to John Geiss Trial Advocacy was initially experience. [ spoke with Dean tation of their blue cord. ted to be President or Head of and the Evening Student Bar scheduled only in the fall Durtis early in September and The joint bar associations are State as it were. A presidential Association for their efforts in semester day schedule. When I asked about the possibility of a lso pleased to announce that democracy was out of the the couJse being offered to night overall, our guest speaker question therefore, the English students in t.he spring semester. program was well received, system was turned to and this Dean Curtis told me that many although attendance could have satisfied the needs of dual Ginsberg &Ginsberg things had to be considered been 'larger. Our most recent leadership." He then went on to before such a decision could be endeavor, "Bridge the Gap" state that "Herzl became the made, and that it was doubtful proved to be very enjoyable for President. " the course would be offered, but all who attended, both the foro' M r. Herzl was a great Zionist Bar Review Cou'rses he also told me fto find out if mal presentation and the more leader. He devoted a great deal there was su fficient student !, informal gathering afterwards. of time to the establishing of the / intrest to justify offering t!'le Future plans will include more Jewish State, writing books and course. It was at this point that I of the same_' , articles as well as traveling contacted John and the ESBA. Second semester, .the ESBA from capitol to capitol seeking ANNOUNCEMENT John pursued the matter hopes to be able to further assistance for his plan. I twas through the ESBA office, the sponsor events of interest to with little contemplation how­ result of which was the inclusion all,including the annual ban­ ever, that Herzl was not selec­ To accommodate the students who will be taking their final of Trial Advocacy in the quet scheduled for March I, ted as the President of the' State recently released evening spring examination at Law School just before the Christmas 1973.~ Rather than repeat what of Isreal, as he was already schedule. has been stated in aprior letter, holidays, and others who will be taking the February, 1974, dead for over forty years. I extend my thanks to John suffice it to say that the ESBA Maryland Bar ' Examination and the Multistate B,ar The first president of the and the ESBA. I am happy to hopes to see even more student State of Israel was Chain Weit­ Examination announce that: see that the ESBA is no longer a participation in months to zman and the selection of the ,non-functioning organization come. parliamentary form of gover­ and I hope this type of effort on Unfortunately, the ESBA ment was not due to any dispute behalf of the student's interest must a Iso report one note of over leadership. It was a result continues and expands. failure. The scheduling of 3 of the influence of the United SPECIAL ,COURSES Thanks again I hour courses on two nights was Kingdom which governed Pales­ not changed for the second tine from World War I to May Will be offered at both Baltimore and Silver Spring be­ Respectfully, semester. Hopefully, a better 1948 . ginning on the following dates: scheduling plan will be included Thank you very much. Harvey V. Sindler in next fall's schedule. The Yours tru Iy , AT BALTIMORE, THURS., JAN. 3, 1974 present plan was experimental, Robert Lankin and the ESBA hopes to be a AT SILVER SPRING, WED., JAN. 2, 1974. ESBA part of changing that plan for the better. Dear Fellow Evening Students: As a last note, the executive This is the last issue of the council and your repres­ Forum prior to the end of the e ntatives wish the best to all on Dear Sir: THIS IS THE BEST COURSE semester. It seems appropriate your upcoming exams, and we In light of the current energy The students are taught the law and how to apply it to at this time to quickly review wish a ll a very pleasant and crisis, I am somewhat curious as the past semester's events. Our to the pol'icy taken by this specific, situati.ons. relaxing holiday. We hope that organization, in conjunction you will enjoy the short rest as University with regard to with the SBA, has sponsored much as we will, and hope to heating. It seems reasonable to several beer socials, which have see' you next semester. me that, in fairness to those less FOR FURTHER INFORMATION, been well received by all those John P. · Geiss fortunate than we, the school CALL OR WRITE who attended. For those who President-ESBA should attempt to cut down fuel contributed their time and effort consumption by maintaining a to ma ke these soc ia I events a temperature level of 67°. This success, the executive board ex­ will not only be the " right" tends a warm "thank you". thing to do, but will also make GINSBERG &GINSBERG The used book store has been Dear Sir, the classrooms a little. more well received by the student It was with great amusement tolerable. body as a whole, and hopefully that I read your interview of Also, the Student Bar might BAR REVIEW COURSES will continue to be so in the Mr. Stu Robinson in the Oc­ consider helping organize car future. It appears that the need tober issue of The Forum. I pools. This could be through 612-614· Maryland Trust Building for the store was long overdue, must, however, take issue with publication of rides, riders, and and we are happy to see that the some of Mr. Robinson state­ timesneeded. It would be plea­ Baltimore, Maryland 21202 store is a success. I n case you're ments. sing to see the student comm­ Telephone: (301) 5394750 wondering, more Gilbert Summ­ Mr. Robinson referred to a unity take some interest in their aries, and exam blue books are dispute between Mr. Theodore environment. on order, and will be arriving in Herzl , 'and Mr. David Ben R iceha rd Goldman ;DECEMBER, 1973--PAGE 7 Make Reservations To Retrospect In Attend Supreme Court (Continued from p~ge 4) growing within the confines of the University For those students taking afternoon session. Some sessions adeq uate notice before hand. - that I make this plea for support and Appellate Advocacy, there is a have already been booked. A list The Court opens at 10:00 participation. requirement to attend both the for students who wish to attend a.m. and recesses at 3:00 p.m. U.S. Supreme Court and the will be posted outside theSBA with one hour free for lunch We have a fine law review, excellent moot United States Court of Appeals office to facilitate aHangements, from noon till I: 00 p.m. The co.urt teams, interested SBA and ESBA for the District of Columbia for it is necesssary to write to Supreme Court building opens at officers and representatives, and a great Circuit. The University of the court in advance to request a 9:00 a.m. newspaper - let's make a resolution come Baltimore Law School has date. The Court's adress is I First arranged with the Supreme Street, N.E. and phone number January I that we will all make a concerted Court to reserve seats for a Mr. ,Edward Hudon; librarian, is 202-393-1640. effort to join forces and work together. I am maximum of . twenty-five to stated he will be glad to let Listed below are the dates of confident that our capabilities and attend either a morning or an students see the librayr given arguments: accomplishments as a unit will be invaluable December: 3, 4, 5, 10, II , 12 and immeasurable. January: 7,8, 9, 14 , 15,16 36th Annual February: 19,20,21,25,26, 27 Nathan Burkan March: 18 , 19,20, 25 , 26, 27 April: 15 , 16, 17 , 2.2 , 23, 24 THE NEW Memorial Competiti0!l SIGMA DELTA KAPPA

It is a pleasure to invite students to participate in the 1974 Representative Paul Sarbanes LEGALOLOGY Nathan Burkan Memorial Competition. As in the past, A First Prize rom the Third Congressional by of $250 and a Second Prize of $100 will be awarded to students at District, will be the guest Clay Stuart each participating law school whose papers are certified by the dean speaker at SDK's second Sunday Thoughts of Walden Pond as the two best papers on any phase of copyright law. After all Breakfast, December 2nd at to A MENSA ET THORO: papers have been received from participating law schools, they are AQUA SALSA: A non-prescription preparation ~ . m. in the Hilltop Inn, where then considered for the following National Prizes: CAVEAT: A fish delicacy Security Blvd. intersects the ET AL: Glutton /Beltway~ AU students, wives and First Prize ...... $1,500 FORUM DOMESTICUM: Marriage counseling ~uests are invited . Tickets at Pawnbroker Second Prize .. ... 1,000 $3.00 _per person, may be HORQUETEUR: HOSTICIDE: Dissatisfied guest's farewell purchased from Marshall Third Prize ..... $750 IN LOCO PARENTIS: A generation gap Davison (Tel: 539-0020 Ofs) , Fourth Prize . .. . 500 Mouldy Stan Pro user (484-9239), or Joe IN ODIUM SPOLIATORIS: JURE GENTIUM: All male jury Austin (465-4817). Fifth Prize, .. .. $250 JUS SANGUINIS: Cuisine I LEX BARBERA: 'Split personality . A list of the 1972 National Award winners is enclosed. The Panel MANDAMUS: Operation performed in Denmark judging these papers consisted of The La Brum Chapter of Phi NATURA BREVIUM: Hot Pants Professor Walter J. Derenberg, Executive Director and Former !Alpha Delta National Law NOMINA VILLARUM: Plea of innocence President of the Copyright Society of the U.S.A.; and Edward A. Fraternity first dinner NOVODAMUS: ,Verdict of applied cosmetics Sargoy, Former President of the Copyright Society of the U.S.A . NUDUM PACTUM: . The bare facts meeting will be held Saturday, Strange The National Award winning papers in the 1974 Competition will 'December I, 1973, beginning at eEC{,TNIARY: be published by Columbia University Press in Volume 24 of the PERICULUM: Academic program 7:00 p.m., at the Baltimore POST HAC: Military ta xi ASCAP Copyright Law Symposium series. Playboy Club. The Nathan Burkan Booklet is being revised at the present time PRAEPOSITUS: Ridiculous and should be ready shortly, at which time five copies will be . Any brother interested RECUPERATORES: Nurses forwarded for students' use. in attending should contact SUIS JURIS: That served with egg roll It is hoped that University of Baltimore students will be David L. Hill (home phone - ULTRA VIRES: Super-germ represented in the 1974 Competition. 532-7265). FORUM - SBA - ESBA ESS'A Y CONTEST lst-. 2nd-. 3rd .Place PRIZES -$100. -$50. - $25. TOPIC: LAWLESSNESS IN THE EXECUTIVE BRANCH OF tHE U.S. GOVERNMENT Consider: " • scope of executive privilege - how great should it be? ~ a method, besides constitutional amendment, that would be constitutionally sustainable for the appointment .of an independent prosecutor. • whether Congress should be able to restrict or limit Presidential powers. • the separation of powers between the different branches of government.

*Deadline of February 1, 1974 * 3000 word maximum * Only one author per essay REQUIREMENTS: * Must be original composition * Must use Uniform Citator * Notice of intention to compete must be made * Essays will be copyrighted before printed in writing to the Forum office by Dec. 18, 1973

CONTEST JUDGES: Professors Minor Crager, A. Risley Ensor, and Malcolm Steele ; plus one representative from the Forum, ESB A and SBA NOTE: Interested people should check with the Forum Office for more complete instructions. PAGE S--THE FORUM know the first thing about the practice of law." Beauchemin also stressed the importance of preparation and attested to the Symposium He~d fact that 75% of all cases' are settled out of court. The second part of the prog­ ram dealt with Corporation and Business Law. James D. Wright to spoke of tlie practice of corp­ orate law ~nd real estate law. The three courses he believed to be most important are Con­ tracts, UCC, and Taxation. Cleaveland D. Miller dealt with "Bridge the Law" Securities Law. He commented that the University of Baltimore was extremely fortunate to have such a respected individua I like Ronald Shapiro conducting by Charles Shubow District Judge for over two such a course. \ The Young Lawyers Section years emphasized the impor­ The third aspect of the of the Bar Association of tance of preparation necessary program dealt with various Baltimore City held a ' symp­ in the practice of law . . The specialties. Kathleen O'Ferrall Friedman represented the Balt­ osium for the benefit of borh day Honorable Marshall A. Levin, Steve Greenberg, center, (Forum) and John Scheflen, left, (Law and evening law students on Justice in the Circuit Court of imore Legal Aid Bureau. Ms. Friedman is a specialist in Review), take the title of the symposium to heart in an effort to Tuesday, November 13 from 4- Baltimore City spoke briefly of "Bridge-the-Gap, " 6:30 at the Langsdale Audit­ his experience with Domestic Domestic Relations and repre­ o(ium and Lounge. The Relations, callg it a "special sents indigents in problems such jury cases, seaman's personal graduate of Columbia Law program entitled "Bridge-The­ king purgatory." Paul Vettori, a as divorce, support, and guard­ injury cases, cargo damage, and School, he stated, "One must be Gap" was to acquaint law 1970 graduate of the University ianships. Ms. Friedman also collision cases which he des-' ready for a strike at any time." students with the various areas of Maryland Law School, spoke spoke about the increasing num­ cribed as very Il/crative. The Following this presentation, and practical aspects of the on "business litigation" and ber of women now in the prac­ final speaker, Jeffrey L. Levin, there was an informal gathering practice of law. emphasized the importance of tice of law and recollected specializes in Labor Law, his where students had the oppor­ Attorney Francis J. Gorman linical courses in ' one's law about discrimination she has ex­ firm, Shaw & Rosenthal, repr­ tunity to talk on a one-to-one chaired the even·t before a turn­ school eduqltion. The next perienced because of her sex. esenting only management. He basis with each panel member out of over 100 students. Each speaker, Richard R. Beau­ The field of Admiralty Law Was discus'sed the rights granted un­ while munching on Utz and of the nine panel members gave chmin, specialized in Tqrt law. next discussed by John H. West der the National Labor Rel­ drinking Bud, compliments of a brief summary of their work. As a member of the Board of Ill. West never had a course in ations Act and stated his job was the SBA and ESBA. On the The first part of the program ' Governors of the Maryland Admiralty in law school but did pfimarily one of a problem sol­ whole the symposium was a dealt with the . Judiciary and Trial Lawyers Association, he clerk for a District Judge in ver. He commented that an im­ great success and is only the Litigation. The Honorable C. stated, "When I got out the Norfolk, Va. The major areas portant factor during collective first of several planned. Stanley Blair, a United States University of Baltimore, I didn't he discussed were persona I in- bargaining is whether the Union Director of Admissions Andy is strong enough to strike and Goletz is credited of putting whether management is strong together the program on very University of Baltimore School of Law' enou'gh to take a strike. A 1970 short notice.

Examination Schedule - 1973 Fall Semester ., SUNDAY THROUGH THURSDAY

DAY ,_. I ------.------~------DATE 9:00a.m.-12Noon · 2:50-5:5l>p.l1l.

Sat .. Dec. 8 Agency (0]) Steele buckFor Each Adult Member ofoff YOUI:. Pany Rooms 320 & 322 Agency (02) Malawer RoomsA04 & 4,06 E; ALL THE BEER YOU CAN

Mon., Dec. 10 Evidence (D) Siff Proff. Resp. (0) Davidson GOBLETS OF WINE 25, Rooms 316 & JI8 Rooms 404 & 406 Contracts 1(01) Cooper PLUS Rooms 320 & 322 Contracts I (D2) Mohammad ALL THE SALAD Rooms 316 & 318 YOU CAN MAKE Tues., Dec. I I Future Int, & Est. Plan. (D) Curtis - Rooms 320 & 322 PLUS Pub. Inter. Law (D) Malawer Rooms 404 & 406 Lusciously Tender Wed. , Dec. 12 Trusts & Est. (01) Suretyship (D) Cooper STEAK Cunningham - Room 316 Room 406 Trusts & Est. (02) with French Fries Lieberman - Rms. 318 & 320 ,---_ ALL FOR JUST_---, Thurs. , Dec. 13 Comm. Trans. I (D 1) Steele Rooms 404 & 406 Comm. Trans. I (D2) Mohammad Rooms 316 & 318 R'I.I"~ p.~$2.95 Fri., Dec. 14 Const. Law I (0 I) Ensor Loc. Govt . Law (D) Crager Cash Purchases Only Rooms 316 & 318 Room 316 Const. Law I (02) Crager L...-_WITH THIS AD_--I Rooms 320 & 322

Sat., Dec. 15 Torts I (0 I) Bernhardt Equit . Rem. & Dam. (D) EMERSONS, Ltd. Rooms 316 & 318 McMillan - Room 316 Torts I (02) Ensor BALTIMORE, MD . ... , ...... 727-0515 225 N_ Liberty Street Rooms 320 & 322 Fed. Juris. & Proced, (D) TOWSON, MD. . ... ,', ... "... 296-0220 Smith - Rooms 404 & 406 TOWIIOD Plaza ShoppiDg CeDter 791 FalrmoDt AveDue Mon., Dec. 17 Md. Proc. (D) Isaacson LuncheoD Special. at $1.15 Room 316

Tues., Dec. 18 Property I (0 I) Shannonhouse Fed. Income Tax (D) Buddeke Not Good with Any Other Promotion Rooms 316, 318 & 320 Room 316 Thil Offer Super ..des All Other AdYertilinl Property I (02) Shannonhouse Rooms 316, 318 & 320 (Continued on page 1 0(

~ , • I DECEMBER, 1973-PAGE 9

lby Donald Lorelli to prevent a real Constitutional Arthur Garfield Hays once crisis by not challenging the observed that more lawyers ' results with evidence that the (considering the number who F.B.1. had documented? In their play the game intensively) have feigned moral indignation and been ruined by politics than by TITLE self-righteousness, these people liquor, women, or the stock would .substitute government by market. In today's time this ob­ editorial for duly elected servation still appears to be represen tative govern men t. true. What is sad is the fulsome Some people are consistent only behavior that has accompanied in their inconsistency. 'these·.recent events. 'The unres­ 'Probably . the most interesting INSURANCE trained glee by some people has comment to have been made been unmatched si nce the time was when the media's pet spoke Salome' received John the Bap­ for the need for moral leader­ tist's head on a si lver platter. ship in America. Well, all of us No doubt much of this reaction are for that as well and 1 suggest was inspired by the man­ to the Senator from Mass­ ufactured shock and gross exc­ achusetts that he set the proper esses of the fourth estate. and JUDGMENT example by retiring from public What the latest victim has office himself. Alas, such been receiving is characterized dreams will never come true. by one gentleman a~ "the The heir apparent who thinks Washington variant of lynch that the Presidency is a sinecure law." The fourth estate and is busily engaging in prepar­ their id eological allies 'happily ations for the return of Came­ broadcast un in vestigated acc­ lot. usations, rumors, gossip and REPORTS What additional material will se lf-servi ng slander without the he campaign on? Well, he can't slightest qualm about what speak of a non-existent missle might result. These people con­ gap for Brother John already demn and demand the impea­ use that tactic. For the same chment of a man for not imm ­ reason he could not speak of Our Owners' or Mortgagee ediately te lling "everything the danger to Quemoy and about everybody" while Matsu. (Anybody remember calmoring in another breath those? No, they' re not Japanese from the other side of their cars). Title Insurance policies are mouth for a shield law that will With a little help from Arthur exempt a member of the fourth Schlesinger's revisionist hi story estate from telling "anything and the tendency of people to available to you and your clients about anybody." forget what happened yesterday, we will undoubtedly witness Those who sang psalms in Gore Vidal 's prophecy of in the following: . praise of executive privi lege Teddy's 1976 campaign come when Eisenhower ordered his true. It will feature him as "the aides to refuse to testify at Hero of 'Cha'ppaquiddick' - the McCarthy's Senate comm ittee man wh~' swam twenty miles have made an about-face whe n with a wounded secretary under Alabama, Arkansas, Delaware, District of Nixon claims the same priv­ his arm. Chappaquiddick and ilege. Quaere: Where were these Humphrey, Too!" Columbia, Florida, Georgia, Kentucky, Louisiana, part-time moralists when the One reminder to those who Maryland, MisSissippi, New Jersey, New Mexico, Democrats sto Ie the Presidency are sti II read ing. Listen to the from Nixon in 1960 through conspicuous absence of the North Carolina, Ohio, Pennsylvania, South blatant voter frauds in Texas, topics of ethics, morality and CarOlina, Tennessee, Texas, Utah, Virginia, West Missouri and Illinois? Can we truth in the media in 1976 (and forget so easi ly his wi llingness don't accept any free car rides). Virginia, Puerto Rico and the Virgin Islands.

(Continued from page 12) precise tha t one questions whe­ be free to protect the quality of ther the Court wi ll be able to life and the total community en­ rest on this decision for long. vironment, the tone of comm­ Already a number of the justices erce in the great city centers, have c,.lled for are-evaluation and possibly, the public safety of the June holding. itself, according to Burger. How do we square this dec­ Needless to say, it is reassuring ision with views of citizens Since 1884 to know that finally, and how which are not in accord? long we have waited, the quality Perhaps it should be left to the of our life will be assured and provocative statement of Justice protected by vigi lant pursuit of Stewart tha t he could not exac­ someone e lse' s standards. tly define pornography but " I Burger admitted that no one know it when 1 see it." But poss­ has proved pornography har­ iblya more fe asible view is that mful, that there is no conc lu sive put forth by Justice Brennen. proof of a connection between He favors dropping a.J I proh­ antisocia l behavior a nd obscene ibitions except those to protect material and that, therefore, a juveniles and adults who wish to legislature might reasonably avoid smut.' Brennen is unable to conclude that such a connection compromise this assault on the does or, at least, might exist. So First Amendment guarantees of now we are protected because freedom of speech and press strings will be worn, Last Tango even if there existed a leg­ in Paris will not lure our good itimate and sharply focused citizens of Salt Lake City bec­ state concern for the morality of cause it will not be sho..yn there, the community. aranee and new and different trash will The trend of the Warren be prevented from being im­ Court was to find an acceptable COMPANY ported or even tra nsported solution by permitting anything across state lines for even per­ to be sold as long as the buyers sonal use on ly. But there is were adu lts who were well some relief because individua Is aware of what they were getting. still may have anything, no mat­ And this included such lewd and An affiliate of Fidelity & Deposit Company of Ma!1land ter how filthy, in their homes for lascivious magazines as Playboy private use. The majority of the and Penthouse. Alas, reawaken St. Paul & Lexington Sts ., Baltimore, Md. 727-3700 Court carefully instructed the all your prudish saviors of our states to be precise in their laws morality for the Burger Court is 406 Mercantile Towson Bui lding, Towson, Md. 825-4435 and yet its decision is so im- here in all its glory. PAGE lO--THE FORUM University of Baltimore School of Law ,The Ultimate Impass Examination Schedule - 1973 Fall Semester The First Amendment vs. (Contineud from page 8) Right to Fair Trial ~ed., Dec. 19 Labor Law (D) Bernhardt Dom. Relations (D) Isaacson Room 316 Rooms 320 & 322 by Stu Robinson is involved, for thilt is for our judicia) process to determine. !Ihurs., De". 20 Civil Proc. I (D I) Siff Sam Shepard, Lt. Calley, What I suggest is a means to Room 316 Charles Manson, and Spiro avoid future dilemmas of this Civil Proc. I (D2) Rees Agnew all have something in nature. There must be a bal­ ,Room 318 common. The media's coverage ancing of the First Amendment . of their cases denied them their pnumbra and the guarantee of a Fri., Dec. 21 Admin. Law (D) Lieberman due process rights to a free and fair and impartial trial. This can Room 316 impartial trial. While this writer ' be readily accomplished believes in unrestricted First without depriving the public of Sat., Dec. 22 Legal History (D) Cunningham Amendment application, we its right to know by altering the Rooms 320 & 322 have now reached a point in our style, not the content, of news constitutional development reported. Everyone today has EVENING SCHEDULE where a serious evaluation exposure to the comm­ All evening exams are from 6: 30 - 9: 30 p.m. unless otherw.ise indicated. needs to be made, For now man unications media either through ------finds himself in the paradox of electronics or printed pre·ss. It DATE - EVENING COURSE having his freedom jeopardized is ludicrous to assume that this ------by the very essence of existence media does not influence our Sat., Dec. 8 Agency (Nl) Shapiro - Rooms 316 & 318 of the First Amendmend applic­ lives and it is for this reason, 9 a.m.-12 Noon Agency (N2) Shapiro - Rooms 316 & 318 ation. the preservation of one's ------Briefly, the historical back­ freedom, that a stylistic metam­ Mon ., Dec. 10 Contracts I (NI) Mohammad - Rooms 316 & 318 ground in this contrversy came orphises occur in the guise of Contracts I (N2)'Topper - Rooms 320 & 322 to the fore in the Shepard based reporting trials in the manner Professional Resp. (N) Davidson - Rooms 404 ~ 406 on the above paradox of undue of the court stenographers influence of the media, espec­ without drawing on the inn­ Tues. , Dec. II Future Int. & Est. Plan. (N) Curtis - Rooms 320 & 322 ially printed media in reporting ocence or guilt of the party Internat'l Law (N) Malawer - Rooms 404 & 406 the court trials. I n Estes, the being judged. courts boldly and correctly for­ Officers of the cou rt must Wed., Dec. 12 Criminal Law (N I) Shannonhouse - Rooms 316 & 318 bid the television filming of also do their share by refraining Criminal Law (N2) O'Donnell - Rooms 320 & 322 court, room proceedings. The from comments of a prejudicial Suretyship (N) Cooper - Rooms 404 & 406 courts declared that demoeanor nature and rather address them­ within the court room is vital selves to on ly the facts on the Thurs., Dec. 13 Commercial Trans. I (N I) Steele - Rooms 404 & 406 and to have su~h a diversionary record. Only deviation by the Commercial Trans. I (N2) Sachs - Rooms 316 & 318 actively as T.V. may not give attorney should bring notice the jnjured party his const­ from the ABA in regard to the , Fri., Dec. 14 Local Govt. Law (N) Crager - Room 316 isutional right to a day in court. Canon of Ethics violations and Further problems arose when ask the attorney to respond or, Sat. , Dec. 15 Torts I (Nl) Bernhardt - Rooms 316 & 318 the media would publish stories if blatant enough, disciplinary 9 a.m.-12 Noon Torts I (N2) Ensor - Rooms 320 & 322 without citing their sources. action as provided for in the Fed. Juris. & Proced. (N) Smith - Rooms 404 & 406 However, this right to protect Code should be taken. one's sources was upheld in Granted the news in its 2:50-5:50 p.m. Equit. Rem. & Dam. (N) McMillan - Room 318 ' Bronzburg v. Hayes. Specif­ communicative fo rm may not be Constitutional Law I (N I) Rees - Rooms 320 & 322 ically., the crux of the problem as interesting, but it will still be Constitutional Law I (N2) Rees - Rooms 404 & 406 is not with the content of infor­ there without deletion of any mation being dealt with, but facts. At the same time, a great Mon. , Dec. 17 Maryland Proc. I (N I) Isaacson - Room 316 r.ather the style in which it is step forward has been taken to Maryland Proc. I (N2) Thieblot - Rooms 318, 320 & 322 presented for public cons­ protect the viability of the judi­ umption . As a result of this style cial system by exercising the Tues., Dec. 18 Fed. Income Tax (N) Buddeke - Room 316 of commentary, Calley, Man­ First ~mendment - to preserve Urban Land Use (N) Scott - Rooms 404 & 406 son, Agnew and others - have man's most cherished fund­ Labor Law (N) Wolfe - Rooms 320 & 322 been denied their fundamental amental right--his freedom. right to a free and impartial In thinking about this article, Wed. Dec. 19 Dom. Relations (N) Isaacson - Room 316 hearing as provided for in the ask yourself; How would you Trusts & Estates (N I) Scott - Rooms 320 & 322 Constitution, It should be like the situation to be if you Trusts & Estates (N2) Rosenthal - Rooms 404 & 406 noted, that I am not concerned were in need of a fair and im­ with whether guilt or innocence partial trial? Thurs., Dec. 20 Civil Procedure I (N) Siff - Room 316

Fri., Dec. 21 Administrative Law (N) Lieberman - Room 316

Sat., Dec. 22 Legal History (N) Cunningham - Rooms 320 & 322 U of B 9 a.m.-12 Noon Real Property I (N I) Gerber - Rooms 316 & 318 Real Property I (N2) Gerber - Rooms 316 & 318 ------Moot Court Finals

MG - JAGUAR - AUSTIN - JENSEN - HEALY , by Agustus Brown based entirely on an oral Moot Court competition presentation before a one-man among teams within the Law judge. School ended for the Fall Sem­ The Moot Court Committee British Imports ester on Saturday, November 10 consists of Gilda Feldman and at the Baltimore City Court­ Gus- Brown from the day divi­ house. The first of the two sion, and Ira Fine and Bob rounds of competition took Wolfe from the evening, The place on Saturday, October 27 , Committee recruited alumni Ltd. and was also held at the Balt­ and faculty to judge the briefs imore City Courthouse, and oral arguments. Eight teams, comprised of two Early next semester Joe Rohr or three members each were and Tim Williams compete selected from the day school against Mary Louise Smith, 828-0010. and a like number was chosen Dale Watson and Stu Robinson from the night school. for winner of the day school; "WE SELL AND SERVICE ALL Each team was required to Bob Morris and Charles write a brief a nd orally argue Thompson battle Dean Ferris, IMPORTED MOTORCARS" the same moot court problem Dave Metzbower and Dave presented to the national moot Wilson for first spot in the night "Discounts for students of University of Baltimore & Maryland Law Schools. court team. division. Immediate Financing 1028 York Road, Towson, Maryland Written briefs determinded Winner's from each division one-third of a team's soore in compete later in the Spring to the first round of competition determine the winner for the law school. Students, faculty, Exit 26 off Beltway and oral arguments counted two-thtrds, The second and last alumni and guests are invited to round' for this s.:mester was attend. DECEMBER, 1973-PAGE 11 Sporu------Alaskan Pipeline Law (Continued from page I) colleaques in the future?" agency with respect to const­ "Unfortl,mately, the answer to Basketball Off truction of the ,0 pipeline, and Ithat question is that once the no public land order or other Iprecedent is made, future Library Federal authorization with exemptions from NEPA will respect to the construction of a come easier •• *." to Bouncing Start public highway ••• shall be Notes subject to judicia I review on the I cannot help but conclude basis of the National Envir­ that the pipeline law as it was by Tom Groton League. Thomas has traded away onmental Policy Act of 1969." passed November 17, elemin­ by E. D. Welch The Law School Intramural seven players who are starting Judicii review has been cance­ ating judicial review, in itself Basketball Program got off to a for teams, which, by looking at . lled. will ultimately devastate the en­ fast start this fall, and ended the Colts record of 2 and 7, The Law Library now No one can question that the vironment. Any law that will even more quickly than it began. must be as good if not better remains open until midnight - Alaskan pipeline 'matter has provide the major oil companies Due to the failure of the Student than Baltimore. The players ,every night of the week. There is been one of the most important, an opportunity to reap untolled Bar Association to allocate funds being Bubba Smith, Bill Curry, one exception - if no one is using if not the most important envir­ fortunes; that includes at. amen­ to be used for the payment of Charlie Stokes, Norm Bulaich, the library after 9 p.m. on onmental decision in U.S. dme!!t eliminating judicial referees, the league folded, but a Ray May, Bill Laskey, and Billy Saturday evenings, it will be history. It has represented equal review where any pipe and ac­ new league will be formed and Newsome. Thomas has forced closed when the last reader arguements for both sides. It has cess construction is concerned; 'plans to begin at the start of the several other players to leave leaves. also proven that in a showdown, and tha t was passed on the tie second semester. Sine the S.B.A. football by trading them, while Many new books have been the environment team will not breaking vote of a man forced is an unreliable source of money, they all retained enough ability added to the collections of win. We have devastating en­ to resign office in an aura that we find it necessary to require to help the struggling Colts in material dealing with Legal vironmental consequences ver­ at least reaked of conflict of in­ each person desiring to some capacity these players Research and Brief Writing. ses pressing need for crude oil terest, is a law thill is terribly participate to pay $2.00 (for being Jerry Logan, Dan Sullivan, These volumes will be found and the pressing need for crude suspicious and concerns the payment of referees) before his Fred Miller and Tom Nowatzke. classified KF 240 through KF oil has prevailed. integrity of our law making name will be put on the draft All protackle, Bob Vogel, may 251. New books have been Albeit the environmental con­ bodies. . list. The league will be run and have played several more years added to the Legal Ethics and siderations, I believe the pipe­ organized under a similar format for Carrol Rosenbloom, credit Professio~al Responsibility line could have at least been as the first semester, although his retirement to a good job se ct io n, classified KF 298 legally authorized withou't cast­ Separation hopefully, for a longer period of offer and the emergence of through KF 314. Six more rating NEPA. If the pipeline time; that is, teams will be Thomas as the head man of the 'copies were acquired of "The can legislate away judicial formed by drafting and games Colts. The Don Nottingham . Conscience of an Attorney," and process what is to stop future will be played on Thursday trade looks meaningless, for with by special perrrusslOn copies laws from being legislated the and nights. Anyone wishing to play, a team of non-blockers why numbered No.5 through 10 may same way. An amendment to the present their $2.00 and their trade a great blocker be borrowed for three day loans. pipeline law has allowed Cong­ name to either Gary Ministon or (Nottingham) for a burner, Pamphlets dealing with ress bridged the seperation bet- Divorce Tom Groton. Hubuert Ginn. Without BalJ:imore tenancy ordinances ' ween the legislature and the The Law School will again Nottingham's blocking, or how are shelved with the judiciary. Continued from page 2 participate in the marathon anyone elses, it is doubtful Ginn number KBX 1106.1. A I would further like to add income tax treatment. football game for Santa Claus will get a chance to burn for bibliography on housing that the amendment abrogating Amounts paid by the Anonymous, fielding a team on Baltimore. The loss of Eddie problems is marked KF 586. judicial review was approved by' husba'nd to the wife which each of the three days, Hinton is also a myster how / In exchange for University fo the margin of one vote cast .by pursuant to the divorce or November 30, December I and could a team as weak as the Baltimroe Law Review former vice president Spiro separation instrument are fixed 2; Friday, Saturday and Sunday. Colts afford to cut this proven subscriptions, the Law Library Agnew. Senator Henry Jackson, or determinable as being for the The games will be played at the veteran. The only trades which now is receiving current issues of one of the pipeline's principal support of minor children are Kiwanis field on Reisterstown did not immediately hurt the publications from other schools, supporters stated his disa­ neither deductible by the Road. Anyone interested in Colts, were the loss of Tom including "LAW PROJECT pproval of the amendment July husband nor income to the wife playing can either place his name Matte and John Unitas. So Joe BULLETIN" from Berkeley, 11, when he said "I am not in for income tax purposes. on the sheets on the bulletin Thomas has traded away these California; it deals with favor of overriding NEPA in or­ Where the governing boards, or' see Jeff H.B. decaying veterans for a bright problems of housing and der to build the pipeline .••• As instrumen t directs that a specific Himmelstein. future of draft choices and little economic development. the author of NEPA; I am not in sum or portion of the periodic As for the Baltimroe Colts, else, unless you think 'a 2 and 7 Professor Shannonhouse favor of starting the precedent payments to be made by the' the team was doomed before Joe team can · afford the luxury of suggested that the Law Library of legislative exemptions. The husband is for the support of Thomas had even traded away having two of the best tight ends. contact the University of compulsion on each member of minor children, if any such his first malcontent. The Colts and tow of the best young California about this, and the Congress to ask and expect sych payment is less than the total lost Don Shula to the Miami quarterback prospects in the response was affirmative. a waiver on his own favorite amount required, so much of the Dolphins, 8 and 1 so far this N.F.L. on the same team, which Schedules are posted on Law projects will be great. "On July amount paid as does not exceed season, and Super Bowl means on a team like the Colts Library bulletin board for . 17, he went on to say" I believe the amount designated as child, participants the previous two with few good players, two of examinations (with latest all Senators should be fully support is deemed to be for the seasons, while Carrol the best players on the club are changes in original schedule) and aware of the unfortunate prec­ support of minor children (IRC Rosenbloom and Don sitting on the bench. The Colts for holidays and spring vacation edent which would be set by S 71 (b» . Klosterman moved to Los and Joe Thomas have therefore periods. The Law Library will be passage of the (amendment). the Thus, section 71 (b) would Angeles, the Rams being 7 and 2 given up proven players for a lot closed Thanksgiving and the pipeline, ••• what will stop us apply for example, where the this year and prime Super Bowl of unproven draft choices, to be next day, but open Sat. and Sun. from exempting other projects husband is required to apy to contenders. Behind was left the chosen in an incredibly lean year Nov. 24 and Nov. 25. important to one or another the wife $100 per month of disorganized, demoralized Colts, for pro prospects in the college which $45 has been designated along with the dreary Baltimore ranks. In view of this, the Colt as child support by the winters. fans must now look to the Stringent Guidelines. governing instrument. If in a Although the loss of these future and the draft. What this given month the husband paid men has affected the Colts' means is that the Colts are now Continued from page 1 "Forum" proposes the only $75, $45 would be performance, the finger must be made of paper, but by this time formation of an action group to considered child support and pointed at J~e Thomas for next year we will have a true accordingly make our feelings on inquire into the implications of $30 alimony. The husband could placing the Colts in the have-not indication of what the Colts are such matters known to our this legislation and make our restore the potential lost division of the National Football really made of. legislature . Therefore, the findings known to the General alimony deduction of $'25 by Assembly . To this end , the making within the same year a "Forum" urges all faculty and monthly payment totaling $ 125 . s tudents i ntere s ted in The field of taxation is very participating in such a group to broad in scope and within but leave their name, address, and one specific area rel ating to NACRELLI phone number at the "Forum" marital dissolution the tax WASHINGTON, D.C:s OLDEST AND MOST EXPERIENCED BAR REVIEW SCHOOL office by December 21 , 197 3. ramifications are more numerous Extensive Day and Evening Courses For than can be adeq uately discussed CORRECTION in an article of short length. The financial provisions District of Columbia Maryland NARCELLI BAR REVIEW contained in a divorce or separation instrument may have SCHOOL IS WASHINGTON'S far reaching effects on the Virginia Pennsylvania OLDEST AI\ID MOST futures of the parting spouses, and children involved. It is Call or Write Now - Concerning Courses for Feburary Bar Exam EXPERIENCED BAR incumbent upon the attorneys in REVIEW SCHOOL the pro ceedings to explore thoroughly the significance of Nacrelli' Bar Review School 'THE FORUM regrets its error t he financial terms to be 1334 G, St, N.W., Wash. D,C. 20005 in the Nacrelli Bar Review incorporated directly or by advertisement in the last issue. reference in the final governi!lg Telephone 347·7574 instrument. PAGE 12--THE FORUM tution embraces at the least the repression of sexual thoughts mendous upheaval which this liberty to discuss publicly and and desires is a concept quite Pandora's Box decision has Where is the Serious, truthfully all matters of public difficult to support especially generated. The woeful reper­ concern without previous rest­ when there is no overt antisocial cussions of this wi II most ass­ raint or fear of , subsequent behavior patterns should be uredly lead to exciting reading. Literary, Artistic, Political, punishment. Freedom of dis­ regarded as exclusively within To be more specific, Chief ...... cussion, if it would fulfill its the province of the individual. lustice Burger, lustice White, historic function in this nation, Very simply, censor boards, and, naturally, the three Nixon must embrace all issues about judges, and juries cannot be nominees decided that it is now or Scientific Value... which information is needed or allowed to censor, suppress, and constitutuional for states to ban appropriate to enable the mem­ punish that which they do not any "works which, taken as a ' bers of sOciety to cope with the like so long as sexual impurity whole, appeal to the prurient exigencies of their period." It or lustful thoughts are involved. interest in sex, which portray On The Whole? becomes clear that Brennen, However, on lune 21,1973, sexual conduct in a patently of­ known to have been influential in a 5 -4 decision, the Supreme fensive way, and w~ich, taken as in the Court'sJiberaliza tion' Court said states will not violate a whole, do not have serious by John C. Axel other. And so, in the historic trend, avoided the true issue in the First Amendment if they literary, artistic, political, or For the past decade and a Roth case the Court was conf­ Roth, especially in light of his f. k"i"~-%%f scientific value.'" Burger was half the Supreme Court of the ronted with the issue of whether t belief that just because a book , unable to define this standard so United States has attempted to or not obscenity falls within the tends to stir sexual impulses and as to allow us to know when we define and thereby regulate penumbra of the First Amen­ lead to se,xually impure .are committing a crime. The pornography, ' Amazingly dment which, it should be thoughts does not necessarily Court felt no need, to be more enough, in 1957 the Court was remembered, must be given a mean that it is "utterly without definitive because now porn­ able to set up standards for por­ broad interpretation out of nece­ redeeming social importance." ography is an issue for local nography by determining what ssity, Yet the decision was tha t Moreover, he said that the government; there is no national was and what was not obscene, obscenity is not protected by the Federal Government has no standard of obscenity. So now Obscene to whom? No one ever freedom of speech and press right to ban the sale of books we know that a movie shown dared to answer that rhetorical basicaUy becuse the history of because they might lead to any freely in one city may be seized question. the First Amendment implicitly, kind of "thoughts," whether by the prosecutor in another. The Supreme Court naturally rejects obscenity as "utterly such attempts are exercised A look at some of the effects had to deal with the conflicting without redeeming social im­ through the commerce power or of this wonderful decision is in­ questions of freedom of expr­ portance." In his opinion, posta I power. Both Justices teresting, if not repulsive. The ession and association on the Justice Brennen told us, "the John C. Axel Black and Doulgas criticized Court seems to hope that this one hand, find certain standards freedom of speech and of the suppress books, magazines, and the majority decision in that the signals an end to the permissive of decency and morality on the ress uaranteed b the Consti- films that depict or describe ac­ purity of thought which a piece tual or simulated sexual acts. era, This is doubtful and also ur Man In Annapolis of literature instills in the reader The five brave justices, them- ironic because one may legit- , shou-Id never determine the , selves unable to deal with the imately question whether the lega Ii ty of tha t publication. Such pornography dilemma, have permissive era was ever really is' contrary to the First Amen­ now handed the problem back enjoyed by the majority of this First dment. The arousing of sexual to the "people." By so doing, Court Producers and publishers thoughts and desires are a part they have left constitutional will no longer have a single, of everyday life and are put issues in the ha nds of those who uniform national market for Maryland forth in any number of ways most probably have no cap­ selling their product. That depending upon the individual ability of dealing with them. To which they may be able' to sell involved, Finally, the American add to this most unfortunate in one town may not be market­ Law Institute came forward decision, is the fact that these able in another. The states will Register with its conclusion that the people must handle the tre- (Continued on page 9)

by Alan V. Cecil Legislative Reference in a few ANNAPOLIS-Finding the years a specialized arm of that various rules and regulations of department is a possibility. BRI/MODERN BAR REVIEW COURSE, INC. the several State agencies might The thrust of the idea for such be easier, if a current study of a directory originates in the fact Mercantile Bank & Trust Bldg. the publication of these guid­ that there is currently no easily Suite 1614 elines concludes that a "Mary­ accessable. reporting, Curren tly, land Register" is feasible. by statute, copies of agency Baltimore; Maryland / 21201 The State Administrative, rules and regulations must be FACULTY Executive, ):..egislative Review filed with the Statt; Library, the 301/ 752·2473 Committee (AELR) chaired by Hall. of Records, county ' lib­ Experienced bar review lecturers, including: Senator James McAuliffe and raries, and Legislative Alan L Saron, Esq, Prof. Max Pock, George WashingtonUniv. Prot. Jo hn Schmertz, Georgetown Univ. Delegate Carter ,Hickman is Reference. In addition to a Prof. Donald Burris, Georgetown Univ. Prqf. C. Thomas Dienes, American Univ. Prof. Robert Scot!, William & Mary studying the possibility of instit­ master edition , periodic, Prof. RaymQnd E, Gallagher, Jr., Catholic Univ, HOIl. Ronald M. Shapiro, Lecturer· Univ. of Baltimore uting just such art idea, The perhaps monthly or quarterly, Prof. Julian Kossow, Georgetown Univ. David Simonspn, Esq. proposed "Maryland Register" supplements will be ·issued. Prof. lotIn Kramer, G.eorgetown Univ. Prof. Stuart Stiller, Catholic Univ. Prof. Stanley Johanson, Univ. of Texas Prof. Charles Whitebread , Univ. of Virginia is to be modeled along the lines Among innovations that ~ are of the "Federal Register" and being discussed is that the effec­ COURSE LOCATION Wa shington , D. c., will probably contain all rules tive date of any future reg­ Georgetown UniverSity L ClW Center, 600 New J ersey Aw., N.W., Wa shington, D. C. ~ nd regulations that have been ulations will. be the mailing date formally adopted by State agen­ of the "Register" supplement If B

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