Golden Gate University School of Law GGU Law Digital Commons

Caveat Other Law School Publications

10-1967 The aC veat, October 1967

Follow this and additional works at: http://digitalcommons.law.ggu.edu/caveat Part of the Legal Education Commons

Recommended Citation "The aC veat, October 1967" (1967). Caveat. Paper 11. http://digitalcommons.law.ggu.edu/caveat/11

This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. VOLUME III NO.2 GOLDEN GATE COLLEGE SCHOOL OF LAW OCTOBER 1967 A Student Chapter - National Lawyers Guild A VIEW ANOTHER VIEW The formation of a student chap­ Although some interpretations Golden Gate College School of ter of the National Lawyers Guild of academic freedom find such cred. Law will never be the same with the marks a distinct change in faculty its amusing or even endearing, from inception of a student chapter of the policy which formerly did not encour­ 1944 to 1956 (both before and after National Lawyers Guild. For with age the formation of student organ­ the "McCarthy era") the National the advent of the Guild will come a izations. The hospitable receipt of Lawyers Guild was frequently cited new activist spirit to the staid halls this organization with faculty part­ by committees in both houses of Con­ of Golden Gate. The organizers of icipation and announcements made in gress as a subversive organization, the Guild here at Golden Gate pro­ the law school office has apparently that is, a communist front. (See mise programs which will increase seen the reasons for the prior policy "Internal Security Subcommittee of the awareness and concern of stu­ suddenly dissolve. If student organ­ the Senate Judiciary Committee, dents for the problems of our society. izations are now encouraged, will Handbook for Americans," S.Doc. Racism, the War in Vietnam, the any group, no matter how bizarre its 117, April 23, 1956, p.91). It seems plight of the poor in our cities are philosophy or discredited its history, unlikely that such a long and illus­ the legitimate concern of lawyers be permitted to form and identify trious record is attributable to who work in the legal system which with Golden Gate College Law School groundless accusations orto anyone acts in different circumstances in and automatically receive faculty ap­ man. both good and deleterious ways in proval? It is not clear therefore, Under the familiar banner of regard to the aforementioned prob­ whether the recent change in faculty peace, poverty and civil rights the lems. In other words Guild spokes­ policy reflects ignorance, tolerance National Lawyers Guild has been men believe that an organization of or a rapport with the philosophy of unswerving in its defense of com­ lawyers and law students cannot hide the Student Chapter of the National munists including communist espion­ behind a cloak of "professional re­ Lawyers Guild. age agents. Of course, an adequate sponsibility" in refusing to help the It should be determined whether legal defense of all persons accused poor or dissenters in society. Those the prominence of the Student Chap­ of crimes is not only logically sup­ lawyers who try to avoid touching ter of the National Lawyers Guild portable but Constitutionally guaran­ controversial areas of the law or the as the most recent, as well as the teed. However, it is when the line defense of people who hold unpop­ only student organization of its type, between legal defense and allegiance ular views only aid the people in our is an asset or a liability in its iden­ becomes blurred that the status of country who would deny Civil Liber­ tification with Golden Gate College the National Lawyers Guild becomes ties to those who disagree with them Law School. questionable. and legal rights to the indigent who It is assumed that a Student We are asked to believe that the cannot afford them. Silence of the Chapter of the National Lawyers National Lawyers Guild has cleans­ Good People is something the Guild Guild will not differ materially from ed itself of any historical imperfec­ is committed to eradicating. the philosophy of the parent organ­ tions. If this is true, it has been The National Lawyers Guild ization. Supporters of the National remarkably accomplished without founded in 1936 has had a stormy Lawyers Guild condition most dis­ either a basic change in philosophy past and during the McCarthy Era in cussions of the organization on the or membership and we are also asked the early 1950's was accused of false premise that all organizations to interpret a change in form as a being a;front for the Communist Party. involved in peace, poverty and civil change in substance. Nevertheless, as Guild spokesmen rights are necessarily responsible. It must be agreed that students point out, this association of lawyers Any criticism is dismissed as latent and faculty alike should be encour­ is no longer on the subversive list McCarthyism and critics are labeled aged to participate in responsible of the government and most lawyers as warmongering bigots who hate the projects of community service. How­ recognize it as a legitimate associa­ poor. Webster's dictionary defines ever, why has the National Lawyers tion even if they do not agree with guild as "an association of men with Guild been selected as Golden Gate all of its policies. kindred pursuits or common interests College Law School's standard bear­ The student chapter will spon­ aims for mutual aid or protectiono" er since membership in the National sor speakers, a program of placement .rPerhaps this reference to a need for Lawyers Guild is neither a pre­ for law students in law firms for protection explains the paranoiac requisite nor a qualification to par­ work experience, and seminars on fear of the National Lawyers Guild ticipate in such projects? legal problems. The student chapter that the ghost of Senator McCarthy - Staff - here at Golden Gate promises as its hides under every bed. continued on back page Within the last month a member of the faculty referred to the CAVEAT as "oatmeal". It is assumed that _ the term meant that the CAVEAT is _ a lack-luster publication which pro- duces mundane materials far below his literary tastes. Noting that there has not been an abundance of material for the CAVEAT eminating from the faculty, with the exce p- FALL DINNER DANCE tion of the Dean's articles, it is strongly suggested that the solu- tion to the problem does not lie with Set aside November 4th. That criticism, but rather could possibly evening Lee's easement will begin be rectified by a literary contribu- and end at A.Sabella's, Fisherman's tion from this person or any other Wharf, San Francisco. The Student Bar Association, member of the faculty who is of a like mind. Should such writings sponsors of the annual affair', have, come to fore and' find their way into so far failed to make any concrete the CAVEAT, the very least that commitments concerning the evening would be accomplished would be the other than to disclose the menu, personal satisfaction of the faculty- which will be prime rib and lobster writer in reading his own material, thermador, and the price, $3.25 per which presumably would be of the person or $6.50 per couple: The non-oatmeal variety. The Editor and primary reason for the Student Bar's Staff of the CA VEA T would welcome reluctance in committing themselves further seems to focus on the chair­ such superior contributions. In the of this year's affair, Mr. Bob Lee. future an attempt will be made to add Since Mr. Lee's selection. as chair­ raisins to the "oatmeal" and hope- man, rumors of light shows, Indian fully the CAVEAT will be a little ~ yogis, rock bands, incense and flow­ easier to digest. ., ers, etc. have been rampant through the law school. At press time, Mr. Lee was un­ The Editors available for comment. Tickets may be purchased f rom your class rep­ resentatives. ~~ TUITION-REMISSION SCHOLARSHIPS

Annually, Golden Gate College awards a number of tuition-remission scholarships to students in its various schools, including the School of Law. Law School scholarships are awarded to students who have DEAN ATTENDS BAR CONVENTION completed one or more years of law school. Award criteria include need Dean Gorfinkle participated in presentation of the J. D. degree to and academic achievement. Appli­ the recent Monterey convention of future graduates of the School of cations must be received by Novem­ the "very nice" alumnae luncheon Law. Details will be announced ber 15, 1967. For details and appli­ attended by 39 Golden Gate College following the November meeting of cation forms see Mr. SmIth. School of Law alumnae and their the Board of Trustees. Farmers Insurance Group has wives. Among those present were An outstanding feature of the established a law school scholarship Judge Carl Allen and Dean Emeritus convention was the "magnificent in the amount ot $250.00 for the ac­ Paul Jordan. panel" which presented the art of ademic year 1967-1968. Award cri­ College Vice President for Dev­ cross examination. Dean Gorfinkel teria include academic achievement, elopment, Michael Hughes discussed expressed hope that this procedure need and the extent to which the the fund raising activities of Golden might eventually be used to gain in­ student has participated in student Gate College and Dean Gorfinkel sight into new ideas for implementa­ affairs or otherwise has made con­ spoke briefly about the future of the tion and development of a trial prac­ tributions to the advancement of the school, including the fact that the tice program in the Law School cur­ law school. If you are interested Board of Trustees have approved the riculum. see Mr. Smith before November 17. ized as "mild mental retardation" cumstances' rule has not afforded with a mental age of 10 years and the protection to minors to which 2 months. they are constitutionCalifornia Supreme Court admissibility of such a confession year old who had not had the ad­ in a six-one decision, with Justice depends not on age alone, but on a vice of an adult." Peters dissenting, has ruled that a combination of that factor with such 17 year old boy with the mental cap­ -STAFF- other circumstances as his intelli­ acity of a 10 year old has enough in­ gence, education, experience, and telligence and understanding to waive ability to comprehend the meaning LAW REVIEW STARTED his right to counsel and his right to and effect of his statement." In remain silent under the mandate of The Golden Gate Law Review, holding against the defendant, the People v. Darado. (The trial in this A SURVEY OF CALIFORNIA LAW, majority placed great emphasis on case took place prior to Miranda v. with Neil Levy at the helm is now the fact that a defendant's prior ex­ Arizona.) underway and will be published by perience with the police and courts Defendant Alvarez was found Bancrof t Whitney Company during can go far to show whether the minor guilty of one count of first degree the spring of 1968. All appellate possessed the capacity required to murder and one count of kidnapping court decisions pertaining to Cal­ make a voluntary confession. Both for the purpose of robbery with the ifornia law are being read, dissected defendants in this case had been re­ victim suffering bodily harm. The and analysed. The cases are being peatedly involved with the police victim of the crimes was found with segregated into approximately twen­ since the age of 11 or 12 years of his hands tied behind him. Death ty-five categories which will form age. resulted from shotgun wounds in I the basis for articles to be written Speaking for the majority Jus­ the back. From a sentence of life by selected guest authors. tice Mosk said, "On the other hand, imprisonment on both counts, the The "Law Survey" will con­ if the minor is mentally retarded or defendant appealed. sist of a collection of such selected of subnormal intelligence for his age, At the time of his arrest the ar­ writings covering all aspects of Cal­ as is true of the defendant, that is a resting officer told Alvarez that it ifornia law. Its purpose is to iso­ factor weighing heavily against was his duty to inform him of his late current trends, public policy a finding of capacity. Yet even the constitutional rights. After so ad­ and extra-judicial influences upon presence of such mental subnormal­ vising him, the officer asked him if the legal system. ity does not require the automatic he had understood the warning given. The "Law Survey" personnel exclusion of the minor's confession, The defendant answered that he had. are: Board of Editors - Albert Cun­ and the 'totality of circumstances' He was later again advised of his ningham, Editor-in-Chief; Leroy Von rights prior to any questioning and test still applies." "The mental Shottenstein, Joe Lasky, Mike Cole­ subnormality of an accused does not notwithstanding such admonitions man, Nadine Foreman. On the staff ipso facto render his confession in­ Alvarez gave a full confession to are Vice Schaub, Bob Hole, Rick the police. He stated that he had admissible, but is simply one factor, Halpern, Chris Wadley, Joe Russell, helped tie up and shootthe deceased albeit of significant weight, to be Ruth Miller, Michael Hunter, Robert because he and his companion want­ considered with all others bearing Pellinen, David Loofbourrow, Robert on the question of voluntariness." ed to use the deceased car in an Lee, Elliot Williams, Frank Pagna­ armed robbery and did not want any­ In a twelve page dissent, Jus­ menta, David Roche, Robert Young, one to be able to identify them. tice Peters stated, "It is crystal Anthony Piazza, Larry Handelman, During the trial in the Superior clear to me that the 'totality of cir- Ted Long and Allen Sommer. Court, Los Angeles County, the de­ fense called a clinical psychologist STAFF i,... as an expert witness. The witness I testified that he had administered CIYIIT EDITOR: William J. Fahres the standard intelligence quotient BUSINESS MANAGER: Alan Lacy tests to the defendant and had con­ PUBLISHED MONTHLY BY THE REPORTERS: S. Kendall, W. Gorelick cluded that the latter had an I. Q. STUDENT BAR ASSOCIATION A. Lacy, R. Bass GOLDEN GATE COLLEGE SCHOOL of 65 to 71, which was character- CARTOONIST: Ron Goularte OF LAW, SAN FRANCISCO. ANOTH ER VIEW from front page Law Books organizers put it to bring meaning to LAW our work as law students and pros­ New Used pective leaders in society. Lawyers SAVE MONEY WIVES and law students can no longer fail BY DEALING WITH LAKE to grasp the desperation of the poor CLUB in our society who have forsaken the All student Books & Aids law because they feel the law has Also Practice Sets forsaken them. Lawyers must re­ Come where your credit is good! awaken the faith of the American people in the legal profession and Harry B. Lake Kenneth W. Lake the law. This can only be done if lawyers and law students address Assemblyman John L. Burton will MAIN STORE be the guest speaker of the Law themselves to the need of the people 339 Kearny St., San Francisco Wives Club on November 8, 1967. which in most cases so fundament­ SUtter 1-3719 ally revolve around the administra­ tion of justice. The student chapter BRANCH STORE of the Guild here at Golden Gate 138 McAllister St., San Francisco will in the views of its organizers UN 3-2900 fill the void left by the conservatism and do nothing policies of "profes­ sional responsibility" professed by Your Favorite Sandwiches the American Bar Association. Made To Order Staff BEER AND COFFEE 567 MISSION ST. MONDAY - FRIDAY 1:00 - 6:00 SATURDAY 9:00 - 3:00 PHONE 391-1911 g;:6:5?53

~ IDrIDUSI

LUNCH 11:30 - 4:30 EARLY DINER 4:30 - 6:30 COMPLETE DINNER $2.95 DINNER 6:30 - 8:30 SATURDAY 6:30 - 10:30