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4-29-1982 Hastings Law News Vol.15 No.6 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.15 No.6" (1982). Hastings Law News. Book 126. http://repository.uchastings.edu/hln/126

This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. McKeon v. Hastings LIBERTY CALL!! Court Orders College: LIBERTY CALL!!

Provide More Housing Liberty, quality, and a real good time! That's what's in store at the all-school LIBERTY DAY set for For Tenderloin Displaced this Friday, April 30. To celebrate by Jeffree Louden the end of clases for this year, ASH will provide five and a hal f hour In an unprecedented ruling handed Events leading up to the lawsuit bought the buildings, tenants would of 'liberty' on board a real Liberty down by San Francisco Superior Court began in 1972 when Hastings under- not be required to move. Although 810 ship tied up at Ft. Mason. Judge John Dearman on April 9, took a series of purchases of residential tenants were alleged to have moved The 4:30 p.m. to 10:00 p.m. Hastings has been ordered to provide hotels in the Tenderloin. By 1974, these from the hotels before Hastings began party will be held aboard the S.S. 375 additional units of "comparable" acquisitions included the Ramona providing relocation assistance in 1977, Jeremiah O'Brien, the ational replacement housing to poor and elder- Apartments on McAllister St., the only 35 units of replacement housing Ship Memorial tied up at Ft. ly tenants who moved out of residential Eureka and Philadelphia Hotels on were provided by Hastings, and the Mason Pier 3. Built by thou ands hotels purchased by Hastings to make Golden Gate Avenue, and the Civic lawsuit resulted. of "Rosie the Riveter's" and other room for a planned Law Project Cen- View Hotel on Larkin St. Under Compliance with the Judge's order shipyard workers throughout ter. The case, McKeon vs. Hastings, California's relocation assistance laws to provide additional housing will be World War II, these civilian ships grows out of facts closely related to (Government Code Sections 7260 et facilitated by the fact that Hastings cur- carried cargo across the globe. The those at issue in the PILA suit (see ac- seq.; see also 25 Cal Admin Code Sec- rently owns several residential proper- O'Brien carried cargo, with hun- companying article), and will have im- tions 6000 et seq.), Hastings was ties in the Tenderloin which might be dreds of her sister ships, for the Al- portant ramifications for the College, obligated to provide comparable re- suitable. However, the loss in court lied liberation of western Europe which is expected to appeal the order. placement housing to persons who adds considerably to Hastings' legal at Normandy. The ship is the la t The case was brought as a class ac- moved as a result of these purchases. and political problems with Tenderloin unaltered example of her famous tion on behalf of poor and elderly According to the tenants' attorneys, residents who have battled the College and important type known to be residents of San Francisco by attorneys most of those alleged to have been over various issues for years. Attorneys left, and is a floating museum as for the San Francisco Neighborhood displaced were poor and elderly, aware for both sides have been ordered to well as a national monument to the Legal Assistance Foundation, and was of Hastings' acquisition of the cooperate in developing a plan to pro- American spirit and the sea. based on California's tenant relocation buildings, and concerned about im- vide the necessary housing. The price of admission, ($8.00) assistance laws. Hastings was repre- pending evictions. Hastings did not Briefs on the case are on reserve in the gets each party-goer four open sented by the Attorney General's of- begin notifying tenants until June of Hastings library under the name bars, rocking and rolling to a live fice. 1977 that, although Hastings had "McKeon." band, all the hors d'oeuvres you can eat, and access to Virtually all the O'Brien from bow to stern. So get up off your duffle bags, you scurvy lubbers, haul yourselves up Hastings Security Shaking Down the after gangway, and get yourself set for "Liberty Call!" (Remem ber , April 30, Pier 3, Ft. Students for "Service Charge" Mason, 4:30-10:00 p.m., $8:(0)

The Law News has learned, just prior of the Campus Security department. students who have either mislaid their to press time, that Chief of Security The Law News has further found that if office keys or ar'! in dire need of access Jason Harvey has ordered all Campus students instead use the services of have to pay any money for the time ASH Officer Security guards to take a $25.00 "ser- Facilities Operations (room Ill, 200 taken by Security. There IS no evidence vice charge" from any student who McAllister), no money will be taken that providing this service has caused any increase in security personnel or has needs valid access to a student from them for the act of opening a Election reduced security's ability to handle organization office or other area. door. There is no indication of why the This has been confirmed by members Chief of Security has decided that other situations. Results by AI Bromberger Hastings students elected Brad Fuller PILA Suit as 1982-83 Associated Students of Hastings (ASH) Pre ident, Rachelle In Memorium by AI Bromberger Chong as Vice-President, Kimbe'tly The plaintiffs and defendants in the Mart ｡ｾ＠ Secretary. and Susie Sprake as PILA v. Hastings ｬ｡ｾｳｵｩｴ＠ have reached Treasurer. The turnout of 670 students a partial settlement of their dispute and was considered high by ASH observer . have begun negotiations aimed at In an interview with the Law Nel't'S, avoiding a trial on remaining issue . the new officers said that they want to The partial settlement includes plain- increase student ｾ･ｲｶｩ｣･ｳ＠ and Improve tiffs' agreement to drop the individual relations with the faculty and admini - faculty members named as defendant tration. But they al 0 stressed their sup- and a promise not to join individual port for greater student participation in faculty members as defendants in the decision-making at the College through future in return for the defendants' the student-faculty committee. "We promise not to counter-sue the plain- expect that ASH will come up with tiffs Also, each side has agreed to ap- some solid proposals next year," Fuller point a negotiating committee to dis- said. Chong added that "we share cuss ways to settle the remaining issues SAC's goals, but perhaps we differ on Mathew O. Tobrlner (1904-1982) in the la wsui I. tactics." The new officers stress that The lawsuit was filed in 1980 by their election as a tearn will be a great California Supreme Court Justice, Adjunct Professor of Law students, student groups (including help in accomplishing their goals of get- at Hastings, Advisory Committee Member, Hastmgs Law Journal ASH), and commuruty groups against ting student services increased next the school, its Board of Directors, the year. "We'll take a 'task force' ap- WE FELT THE SWEET EDGE OF HIS JUSTICE AND proach," said Fuller, who noted that COMPASSION DRIVE THROUGH THE HEART AND MARROW faculty, and individual faculty mem- bers in order to force implementation the job of running the student body IS OF THE LA W. of a Public interest Law Program "too big for one man." Sprake agreed, (The Mathew O. Tobriner Memorial Fund/Lecture Series is being set-up (PILP) at Hastings. The suit began as a saying, "We want to pull together the at Hastings. For information contact Ms. Sarah Bruce, class action, but class certification was e!1tire student body." She added that Development Office.) conhnued on page 8 continued on page 8 Page 2 Hastings Law News April 29, 1982 Opinions and Editorials

OPINIONS/EDITORIAL POLICIES The Law News solicits viewpoints for its Opinion and Editorials pages from all members of the Hastings community. Other than Law News editorials, the opin- EDITORIAL ions and points of view expressed are not those of the Law News editorial staff, but are solely those of the individual writer. We strongly encourage writers to either respond directly or to write the Law News lerters column. Another Hastings Housing Adventure McAllister Tower:

by Jackson Chin, Editor-in-Chief (1982-1983)

We live in an age of diminishing ex- In its haste to join the ranks of rede- pectations. velopers, land speculators, and the gen- When a university envisions itself as eral cast of profiteers in the current re- a business enterprise, it is time to be gentrification of the Tenderloin com- wary and critical of such misguided munity, Hastings has lost touch with its direction. alleged non-profit soul. The truth and With the projected May opening of credibility of Hastings as a "public" Hastings' 284-unit McAllister Tower, university and "non-profit" educa- the administration of Hastings has tional institution responsive to com- committed itself to a bald policy of munity needs has been severely jeopar- economic extortion. Its victims will be dized by this and the sequence of sad the replenishable pool of students who events in the recent past. are in need of convenient and afford- The administration has been unable able dormitory housing. (or unwilling) to provide any afford- The monthly rent schedule for McAl- able housing units for the few hundreds lister Tower has been fixed at the follow- of community residents dislocated by ing rates: Efficiency $285-325, Studio Hastings' Law Center Project. What $360-410, One Bedroom $490-555, and enables one seriously to entertain any Two Bedroom $750-760. The cost un- good faith effort or obligation on their der a requisite one-year lease will range part to truly provide affordable hous- from a minimum of $3420 to a high of ing for its students? $9120 with basic utilities included. Expect less and become callous. This Telephone installation and service costs is the new maxim we are taught at Hast- and apartment furniture are respon- ings. It is a maxim which we shall often sibilities borne by the student-tenant. encounter and which finds its parallel These outrageously exhorbitant rent- lifeblood in the prevailing myopic al rates display a remarkable callous- ideology of the Republican White ness and a failed sense of priorities, par- House. It is one of the few expectations ticularly in light of the threatened cut- we can rely on. off of student loans and financial aid monies for the new academic year. In Guest Opinion lieu of providing affordable housing, NEWS UPDATE: Sources "Confronation vs. Compromise": we discover that the Hastings adminis- reveal Hastings Chancellor tration exacerbates the delicate situ- ation by charging -luxury apartment Bert Prunty will occupy the A Reasoned Response prices guaranteed to gouge a student's McAllister Tower penthouse, budget. rent free. by Patricia Takayama Those of us who are actively seeking academic dean insisted the person to influence the administration and the remain on the committee despite faculty are well aware of the lack of his authorship of several anti- power that students at Hastings have. affirmative action articles. We are more than familiar with the As for compromise, I must remind Is Security Trying necessity to compromise. you that we have compromised, too . However, I must remind you that much I'm afraid. confrontation as a political device has In the fall of 1980 when the faculty To Run Hastings? been a successful tactic at Hastings. admissions committee proposed I) In 1978 the student strike over a changes in the Admission Policy State- The report that Hastings Security as Hastings employees or student- cutback in student input in admis- ment (APS), a student group presented personnel are shaking down students workers, but refused to allow them to sions prompted the administra- the committee with a 20-point pro- for $25 to unlock office doors should return the equipment to the prescribed tion to call the police. The adverse posal. The committee never considered come as no surprise to students, faculty office. The reason given was that publicity and presumed alumni it. I would remind readers that one of or administration. Reports reaching the although a letter was written asking pressure encouraged the ad- the faculty members became extremely Law News offices during the past eight security to open the gates to the school ministration to negotiate. irate and yelled at an alumnus who weeks include the shakedown of stu- loading dock for unloading the equip- 2) In the spring of 1981 the 2-day came to speak in our behalf, before dents for performing duties that require ment, the letter did not specifically say moratorium coupled with some storming out of the meeting. no additional expense to Hastings or the door to the Trial Advocacy Office legislative lobbying and letter In the fall of 1981 the students again the Security office. Administration per- should also be opened. Security person- writing from legal and community provided the faculty admissions com- sonnel needing their offices open were nel on duty indicated they could not organizations moved the adminis- mittee with a modified version of their told by the Chief of Hastings Security, take the responsibility in the event the tration to secure an almost 15 0J0 proposal. It became apparent that cer- Jason Harvie, that it would cost $28 to equipment movers (bringing in eight increase in minority admissions tain faculty members had neglected to have a security guard turn a key in the video monitors, eight video cameras, over the previous year. The read our proposal. What we ended up lock for them. Numerous times, per- and three video taping machines) might former admissions director ad- with were major compromises on our sons seeking access to various floors of decide to steal things from the office. mitted the school "fell on its face" part, but after the committee's pro- the school buildings were denied en- When it was suggested that one of the in 1980. posal went to the full faculty we lost trance to those areas by security, even security men might accompany the Additionally the legislative lob- even further (see Admissions' report to when they were on special programs for movers to the office to observe, the bying was successful to the extent ASH). If the rumors are true, we owe a the university. In one instance, three supervisor had to call his supervisor at a rider was attached to the lot to a very well-respected member of security personnel manning the guard home to get his permission-which was Hasthgs budget. The legislature the committee for putting his position cage on the first floor of the 200 denied. required that Hastings investigate on the line for us to keep the proposal McAllister Building confronted four In still more incidents, faculty and produce a report on affirma- intact. persons bringing video equipment back members have reported to the Law tive action in faculty hiring and The biggest mistake we made is that from City Hall following mock trials. News their own problems in gaining ac- admissions. The academic dean we let the faculty committee write the Security took note that all the persons cess to the building after hours, even selected the faculty members to sit APS. Now, even some of the committee with the equipment had Hastings iden- when they have keys and authority to on this committee. One particular members are concerned they may be tification and were known to the guards open up their own offices. member declined to sit but the discredited because they left too much continued on page 5 continued on page 5 April 29, 1982 Hastings Law News Page 3

ETHICAL DILEMMAS IN THE LAW: AN INQUIRY

A three hour student-sponsored col- o:ganizational client. There's a huge loquyentitled, "Defining the Ethics of tion that deals with technical products where the money is at. Those decisions difference ... having to do with Power. it's almost alwaysto make a safer possi- you make for yourself. Our Profession, " was held at Hastings The corporation may be treated as an on March 17, 1982. A n assembly of ble workplace or safer products. I don't have the people I don't want individual before the law ... If you to represent and people know what I panelists (Judge Alex Saldamondo SF w.ant ｴｾ＠ get into some really interesting Municipal Court; Prof Laura Ndder, represent. I'm comfortable with saying diSCUSSIOns, go back to the debates in to someone, "Look. I just am not com- UC Berkeley {Anthropology}, No Ac- the 1900s about why the corporation One of the things which you are cess to Justice, Editor; Prof Deborah fortable with you and what you stand cannot be treated as an individual taught in professional schools for. And I don't want to represent Rhode, Stanford Law; A bigail Mar- 'cause it ain't. . . you can't send a cor- ... is that your loyalty to your shall, private criminal defense at- you." poration to jail. profession must come first. You Maybe because criminal atlorneys torney; Paul Vapnek, attorney and Secondly, the hypo raises the issue of partner at Townsend and Townsend, must never do that. don't make that much money anyway. the lawyer as an independent profes- I'm pretty much resolved to not getting San Francisco Bar Association, f ormer sional or the lawyer as an employee. -Nader Chairperson of the Ethics Committee, rich and the issue of money isn't ever You have to decide early on whether going to be a problem with me ... adjunct Professor at Hastings; and you want to be (one or the other). And The first loyalty you have beyond Lois Salisbury, attorney at Public A d- you can't be an employee and call The issue really is-" At what cost?" your client and society is that duty to vocates, Inc.) and 140 students focused yourself a professional. Now, if you're Somebody is going to be making those yourself to be true to your own ideals. on a few of the ethical dilemmas that going to be a professional ... paid by a decisions. We can hope that it is not as lawyers will encounter in their careers. corporation to do ajob, you have to not clear as it was in the Pinto case where SALDAMONDO: I call this the e- "What is the role ofeth ics in the legal only declare your independence as a they actually put a dollar line figure on cond mortgage problem. That if you process and in our legal lives?" If and professional when you take that job, it. But in point of fact, I think it is in- don't have to work for the e people and when we choose to engage in this dis- you have to lobby your own profes- escapable in this kind of society that they tell you to do something, you get course over values and similar ques- sional organizations to back you up if makes the products with the risks that up and walk out. tions in our capacity as individuals, as a you need backing up. Because if your we do, in the way that we do, that The problem arises when you can 'I profession, and even as a la w school- ABA says that it is immoral or unethical somebody will have to make some cost- because your house is mortgaged, you these are issues we find varied contexts for a lawyer to be engaged in behavior safety trade-offs. have kids, you've got something and responses to. that is anti-human life, no matter who An issue which is very much open to else ... That's when you have to face this problem. Hopefully, none of you From the following excerpts the the client is or how much they're paying discussion is: "Under what circum- will ever be in the position you can't reader will be able to glean a bit of the you, they back you ... and if not, you'll stances should the lawyer arrogate to say, when someone asks you to do scope, nuance, and complexity of the be in the same position as your engi- himself the role of deciding what level something that violates that moral con- issues raised by the panelists. We begin neers are in ... Engineers are no longer of risk everyone should pay?" It's a here with the last and most controver- professionals ... they have absolutely harder question than the terms of what sial hypothetical that was used as a no independent ability to obey their the hypo make it. And that's not to framework to this segment of the disagree with everything else [prof. own code of ethics. They're employ- is discussion. ees ... " He who pays the piper. .. calls Nader] has said. ... it a moral question: to (The entire f orum is recorded on the tune." NADER: I just want to say that I what extent [do J you feel you videotape and is available at the refuse to ... uh ... how can I say are willing to be implicated in Hastings Television Center.) this ... When we make a statement like conduct that you see as essen- The essential question that each "We, as a society, do not value human tially asocial? Edited and transcribed of you is struggling with that life," what we are really saying is this -Rhode by Jackson Chin really has to be asked is: "Why corporate-dominated power group that the hell did I go to law school?" we are observing does not value human NADER: . .. if you ever fi nd life. And I refuse to be part of their yourself working for a corporate fi rm and "What are you going to do we!" science, "Sorry. I've $10,000 in the or corporation, and you fi nd you're in a with that degree?" RHODE: ... Workers sometimes bank. Goodbye. See you later." Then dilemma, go find yourself the nearest - Salisbury get the choice, too. Someone did a go look for another job. ten or eleven year old. Ask him what to study [on] how much coal-miners were Unfortunately, most of us don't do because that's the peak of morality willing to pay for extra safety measures have that freedom. You're going to in this country- just prior to entrance ... the third issue is ... the law is a in the mines ver.>Us how much they have to decide on what you have to do. into sexual dilemmas and so fo rth ... public profession that has been granted wanted in take-home pay. (audience in- SALISBURY: I simply want to inter- You can't possibly do better. (audience a near monopoly on access to justice by terjections) ject some legal research I've done in this laughter) the State and by virtue of that public Different people make different hypo ... For those of you who have [T]his hypothetical has to do with be- role, has to think in terms of differen- decisions about what risk level they ac- clients who are willing to pay a large ing asked by a corporation, whose pro- tial power issues ... cept and that's not to deny the force of amount of money, you may donate that ducts have been banned in this country Questions of what to do about this in your general observation. But I don't fee to Public Advocates, Inc. the macro-picture and what the [legal because they're dangerous to the pub- think that even where we push it to the .. . It's entirely legal, with very few profession will] look like in the future lic, and they ask the lawyer how they micro-level, you necessarily get consen- and limited exceptions, for your client [need asking]. Are lawyers going to be a can legally sell these products sus on how much people want to pay to do exactly what is proposed here (in bunch of accountants filli ng out forms, abroad ... I'll wager most ten and for safety. It's a very divisive issue. the hypo). The morality then becomes standardiz[ing] routine activities or are eleven year olds will say to you, " Why the total issue because unfortunately, it is that a problem? You would never do they going to be, in fact, advocates that is quite legal, particularly as a result Qf that, would you mommy or daddy or play active rather than passive roles? ... some of the actions that President Rea- anybody?" What they're responding to When you work on that problem then . .. [ThereJ are things that make me reluctant to go out and gan has taken. That's where weare with is a question of loyalties and the hierar- you have to look at the workplace . . . the law today, folks. chy of loyalties. your day-to-day activities ... If you seek big money because drug One of the things which you are think about prevention (from earlier dealing in terms of criminal VAPNEK: A couple of comments. taught in professional schools ... is that discussion) then the ethical question is First, if you haven't learned morality defense representation where before you arrived in law school. you're your loyalty to your profession must need never be faced in a lawyer's daily the money is at. come first. You must never do that. work ... nol going to learn it in law school. (au- There are things beyond any professi on RHODE: I'm not sure I agree, par- -Marshall dience shuffling) and they're the things that have to do ticularly on the latter point. There's a NADER: You might un-learn it in with survival. Loyalties ... must be to reason why ten year olds aren't on the law school though. MARSHALL: I think this hypo goes human life. boards of most corporations. I sus- VAPNEK: Well, I would disagree to the very gut-level of a moral issue And if a lawyer is working for a cor- pect ... the obvious reason is that their with you, Professor Nader. You don't. poration that asks him how it can legal- moral intuitions always provide us with that is the heart of a moral dilemma that NADER: There are studies that show ly sell these dangerous products an appropriate guidance in the cir- shouldn't really face anybody as an in- cumstances. dividual if you define your own ethics that medical students go to medical abroad, I would argue it is ethical for a school for honorable reasons. By the lawyer as a counsel to counsel a cor- The fact is we, as a society, do not and morality. [E]ven as a criminal place an infinite value on human life. I defense attorney, I have certain kinds time they finish, they're there for poration that it is near-sighted, dishonorable reasons. unethical, and anti-humanity. Now he learned to my shock, for example, in of interests that I will not represent. didn't learn that in law school. .. Any my first year at [Yale] Law School that That's not what somebody else has VAPNEK: That may be, but, in my people that live day-to-day in a survival everytime we, as a society, decide not to defined for me . . . That doesn't happen view and my experience of eight years situation understand immediately what build an overpass at a railroad crossing, to be my morality. teaching law students, admittedly in a that means because you have to make we know statistically that a certain I have personal feelings about the narrow field, I don't think that's the your first loyalty to Life. number of people will die! Everytime dealings of heroin or some things like case of the young people I've met over This hypo raises some interesting we decide not to invest in highway im- that. Those are the things that make me the years. If anything they're better questions. One is the inability of most provements , we know actuarually, we reluctant to go out and seek big money citizens, more moral at the end of law people in your profession to differen- can figure out the cost we will pay in because drug-dealing in terms of school than at the beginning. tiate between an individual and an human life. For almost every corpora- criminal defense representation is continued on page 7 Page 4 Hastings Law News April 19, 1912

FINALE TO COpy PROBLEM MAY BE IN SIGHT

Copy Machines Revisited: The PAD Side of the Story

Would you like to hear the rest of the Moreover, the members of this team is that the key operators are only train- machine because there was a nickel copy machine story? The first part of work about 30 hours per week checking ed to solve the everyday problems that stuck in it. That's it, a nickel.) the story is simple; the copy machines out the machines, and during times of happen; they are unable, for example, When one of these catastrophes hap- never seem to work when you need peak demand, Suit and Treasurer to do anything about the $650 coin box pens there is nothing the key operators them most. They are always broken the Adam Weiner spend about six hours that was ripped off the wall by an irate can do other than call IBM and have a day before ... everything. That legal per week helping them out. student earlier this year. (Oh yeah, it serviceman come out and fix it. It writing paper is due tomorrow; your The problem with this arrangement appears that s/he destroyed the generally takes IBM a day or two to study group is getting together to go send a man out to look at the machine. over last year's contracts final; your Then, IBM often has to order parts, brief or note is due; so ... you go to the and the machine is down for a week or library, and every machine has a sign on two. The saddest part of this situation is it that says, "Out of Order." Deans Look for Solution that when the machines are down for a substantial period of time, it is often a We also know that the copy machines result of student vandalism ... are (or were as of April 30, 1982-yep, FROM THE DEAN'S OFFICE: What does PAD do with the revenue that's tomorrow) all run by PAD, the COPY SERVICES available only in five cent increments. it takes in from the copiers? Since 1979, law fraternity Phi Alpha Delta. After considerable research, bid re- the fraternity has donated about $2000 But how about some things that Early this semester the College Ad- quests were sent to six major photo to the emergency student loan fund. It maybe you don't know? For instance, ministration (Associate Dean Cunning- copy suppliers in the Bay Area. Their also donated about $1000 to the P AD has been running the copy ham and ａｳｳｯ｣ｩｾｴ･＠ Librarian Fleming) bids were to have been received by the building fund for 200 McAllister, and machines for the last 10 years at began a detailed study of the various College on Friday, April 23rd. Several donated a number of magazine sub- Hastings without all of the problems types of photocopy services that might of the prospective bidders apparently scriptions to the library that are there that have crept up this year. So you ask, be made available in the Hastings have the capability of installing right now. if PAD has been doing such a super job, library. The primary concern was to machines as early as May 1st, and the When the administration gives the why is the administration revoking its find a process that would offer highly several locations within the library will concession to an independent contrac- license? According to outgoing Justice reliable service at minimum cost to the be re-wired to accommodate the vol- tor, Suit said that it is unreasonable for Nathan Suit, there have been some pro- student body. We have settled on copy tage requirementS' of the new machines. the students to expect, or even hope, blems with IBM over the maintenance machines that are capable of accepting The new contract calls for the installa- that the pr:ce of the copy machines will of the copiers-i.e., IBM has failed to either coins or magnetic coded cards- tion of five machines, two within the go backdm 'n t05¢. At the beginning of perform its service agreement. the coins intended for convenience and fourth floor copy room, one in the the school yt. 'ir, PAD ignored the pres- P AD has a three person team of key the cards intended to provide low cost fourth floor course reserve room and sures of inflation, and refused to raise operators that check the machines in multiple copies. The magnetic cards one each in the fifth and sixth floor the price of copies above a nickel. the library three times a day: morning, would be purchased at the library and copy rooms. Additional machines can Although the profit margin on the copi- afternoon and evening. During the day, when inserted in the machine will be added as required. ers was almost zero, the fraternity felt the longest the machines ever run display the value of the card; as the user A major concern, of course, is that that keeping the prices down would without being checked by a member of makes copies the cost of each copy is the transition from the PAD-sponsored benefit Hastings students. The ad- this team is about three hours. Trans- deducted from the card. Estimates copy service to the new copy service be ministration's revocation of PAD's lated, that means that unless immedi- from several potential vendors indicate carried out as smoothly as possible, copy machine license made the fraterni- ately after the key operator checks the that cards could probably be sold at especially as the upcoming examination ty subject to a substantial liquidated machines someone breaks one, or one about $7.50 per lOO-copy card, or 7 Y2 ¢ period is traditionally one of very high damage clause in its contract with IBM. becomes jammed, chances are that it per copy. The cards offer a means of copy demand. We are therefore making In order to mitigate the effect of this simply cannot go very long without be- charging the actual costs of copy ser- every effort to have the new machines clause, the fraternity finally raised ing checked. vice, rather than using coins that are installed as rapidly as possible. prices to 1O¢.

SCENES FROM LAW REVUE 1982

ASH President Marvin Blakley gave us the faculty's greatest hits of 1981 (above center), while MC Casey Clow kept the Law Revue moving (above left). Below, left, the Law Revue Band kept playing, while "Sandy and the Brethren" danced away, right. ｾｰｲｩｬ＠ 19, 1981 Hastings Law News Page 5

outside cultural activity brought to the gress or not. Admittedly, Hastings' ad- campus, there were several occasions mission system is cumbersome. But is that the administration failed to live up the reduction of one's abilities, talents to those pledges. and desires to GPA and LSAT scores First, we feel, was the Dean's inap- really the answer? It is all too easy to propriate 'outside agitators' claims dehumanize in the name of efficiency, astings 1981-1982: regarding the student demonstrations and to remove a reviewer's 'hunch' that during the Library dedication and the a particular student, on the basis of that its and Misses visit of Mr. Edwin Meese III, last Oc- persons' essay, or background, will do tober. While the Dean did meet month- better than a simple slew of numbers At the beginning of the year, the Law finally move from the overcrowded ly with the ASH officers, we feel that can convey. Many of us should wonder promised to mark where Dean space they now must occupy. We hope gratuitous comments like that set back if we would still be admitted to Hastings kept the 'pledges' he made in the that this will not be an empty gesture in student-administration communica- based upon the new proposals. 1981 issue of The Hastings Com- light of the stringent financial condi- tions rather than open up full, fair and We will hold judgment upon the new We would also like to take a tions the Center must meet in order to frank relations. academics policy until it is proposed in to look at the overall condition effect their move. In relation to the above, the Ad- final form. The Law News hopes that trungs over this past year as they af- Of tremendous importance has been mirustration also claimed that no peo- all sides in the process will listen with us at Hastings. the new found willingness on the part of ple living on the site where the Library open minds and work together rather the positive side, it looks like the the Administration and Faculty to fi- now stands were displaced. While they than try to force the OIher side to resort Empire Hotel at the corner of Mc- nally negotiate a settlement to the long may have not been displaced for the to confrontation, regardless of the and Leavenworth will truly be- fought Public Interest Law Program library itself, nonetheless people were form it may take. "McAllister Towers" and pro- lawsuit. As of this writing, plaintiffs put out of their lodgings by this school, ThIS year has seen a real willingness an alternative to off-campus liv- and defendants are seriously negotiat- and as the Superior Court in and for the on the part of the student body, and We congratulate the school in con- ing in good faith, a far cry from the City and County of San Francisco many members of the faculty and ad- the policy that was established hostility and acrimony that the situa- found the week of April 5, over 375 ministration, to reach agreement and beginning of the project to allow tion has engendered. We si ncerely hope people were displaced; it now remains progress. However, there is again a ris- Bay Area graduate students a that a settlement can be reached, with- to be seen if the Administration will ing feeling of frustration that the at living in the facility should it out either side ending up with a feeling recognize its responsibilities to those students are regarded a merely tem- fill with Hastings students. On the that they had been dealt a losing hand. people, or continue to issue denials that porary, and in asense, disposable, after hand, we wonder if there will be a In his long "From the Dean" mes- fly in the face of the judicial system it three years. We hope that those who exodus from the facility in light of sage of last June, Dean Prunty made claims to be a training ground for. hold that point of view remember the and the living alternatives many promises, and we feel that a num- Finally, we find disturbing the pro- distrust and hostility that separated the are already available to the student ber of those were not kept this year. posed changes in both the admission students from the faculty and admIniS- on both sides of the Bay. Besides no apparent increase in stu- and the academic systems at Hastings. tration for so long, and work to change We also are very pleased to see that dent-faculty "social gatherings," Change is not necessarily progress, and their point of view as they work for an Child Care Center has been offered alumni-student contact through the we wonder if the changes that are now improvement in all of Hastings' way of place in the building, letting them alumni organizations, and a lack of being bandied about will result in pro- life.

Security continued from page 2

Two problem areas have been iden· Security, carried out by his subor- done one way, and Security personnel Federal judge, lawyers from the top- tified in security at Hastings. The first is dinates. may agree that it is the logical thing to ranked firms m the West, and govern- that Hastings Security Office is totally The second area identified by our do, but since their standing orders say ment administrators have noted the inflexible. An example of this inflex- staff is the attitude of Hastings Security the opposite, they will do the opposite. problems with Security'S inflexibility at ibility is the fact that written requests personnel. We do not have to ask the We are not a prison camp, surrounded Hastings, particularly where decisions several days o(weeks in advance of an majority of faculty, students, or ad- by sadistic guards whose job it is to affected th eir portions of programs. event, major or minor, must be for- ministrative personnel who have come sometimes deliberately frustrate the in- By contrast, a woman helping ad- warded through several bureaucratic into contact with the Security Office on mates in order to break down their minister the same program at Harvard layers to authorize the opening of of- an official basis what the attitude of resistance. We are an academic institu- came back to Hast ings with stones of fices or areas. While such requests are that office is : it is arrogant. While in - tion, founded on the precept that logic how the Harvard Security Office ac- helpful to all parties for planning pur- dividual security guards are courteous, will rule, that common sense is valued tually dId everything it could to faCIli - poses, it becomes an inflexible bureau- helpful (within the limits set by the and that we are all working together tate the program, even to the point of cratic nightmare when adhered to in the Chiet), and understanding, the organ- toward a common goal. Unfortunate- anticipating problem areas and offer- face of changing conditions. Paper- izational attitude seems to reflect a feel- ly, Security seems to have lost sight of ing suggestions to get -around them. Such cooperation and close coordina- work and bureaucratic requirements ing that we non-security people at the that goal. We wonder who Mr. Harvie tion are unheard of at Hastings. are the refuge of indecisive and in- school are the servants of Security-not thinks he works for. We wonder if the Inflexibility and arrogance hinder competent officials. I f the official can- the other way around. This is reflected Chancellor or the Dean really want this students, faculty, and administrative not make a decision on the spot, it by incidents such as those desc ribed man to represent Hastings to its personnel in the performance of theIr might bea good idea to ask if the school above, where the people are known to students, faculty, admlmstration, and duties at Hastings. In addillon, the should hire someone who can. We ex- security personnel, and Security is the legal community. Security Office's problems reflect a pect persons in positions of respon- aware of the need to move equipment The legal community is already negative image to the community. We sibility to be able to exercise common from this office to that office, but aware of the intransigence of Hastings Security refuses to allow it because Security ThIS school has been host don't need people who can't think sense for the good of the school and the without a rule or a piece of paper to people who work in it. We don't fault there was no written request sent several recently to several seminars and trial days before, covering that specific re- advocacy conferences, in which some guide them . We need intelligent, sen- individual guards working for the sitive, common-sensical people who are Security Office. They must follow quest. We are expected to beg, cajole, of the most highly respected members or plead for Security to allow us to do of the Western legal community par- interested in making things work, not in orders of the officials over them. Wedo obstruction. What does the Adminis- fault the officials. Inflexibility IS the what we are supposed to do anyway. ticipated. Problems arose at the last minute, a they always do in programs. tration plan to do about this problem? result of decisions made by the Chief of Logic may dictate that something be

Guest Editorial

policies, since the LEOP portion of the We, who are actively concerned Reply to budget is affected by the enrollment. about student participation at Hastings After giving our presentation of the have been spending our time getting Confrontation v. Compromise potential adverse impact that the new practical experience to become la wyers, admissions procedure would have not just critics. continued from page 2 under the discretion of the academic addressing the issue of Hastings' dean, the chairman turned to Dean discretion to the academic dean who is Prunty and asked if he would agree to creating his own policy. budget and fees. In response to the legislative analyst's proposal to raise make a report and consider the adverse This kind of compromise has taught impact on minority enrollment before us a lesson. We are not so foolish that fees $100 to $400, the Hastings ad- Join The '82-'83 ministration flatly opposed it. Ac- making any change in policies. Dean we would make the same mistake twice Prunty responded that they would be in one academic year. customed as we students are to com- LAW NEWS promise, we proposed that in the event happy to provide such a report. The walk-out from the academic Perhaps you are unaware that certaln Staff standards and policy committee was that there is an increase in fees that part of the additional funds be diverted to student groups have been doing as you designed to alert students as well as the suggested for quite a while. We don't faculty and administration that our Hastings for financial aid rather than be returned to the common fund. This make a habit of tooting our own horns, CHEAP THRILLS! participation is not to be taken lightly. or complaining about one visible aspect We are well aware that it is not an ef- proposal prompted the chairman, Gary Name and Telephone No. Hart, to direct the legislative analyst to of student activity. Those of us who are fective tactic when used alone. We have really concerned are well aware that to Law Netcs box not been idle. A very organized student prepare three alternative proposals wruch took into consideration our sug- student input does not mean negoti- Old T)ping Room group was out lobbying legislators ating with the faculty student commit- while the rest of the student body was gestion. Our additional request was that the tees. We know that we have no political (in the basement) enjoying its spring vacation. The power except that wruch we can muster following week we attended the State legislature monitor minority adrms- 198 McAllister sions and the potentially adverse in Sacramento or in legal, alumni or Senate sub-committee hearings on other community organizations. post-secondary education. wruch was changes in the academic standards and April 29, 1912 Page 6 Hastings Law News Graduation Activities Arts, Leisure, and Events

Monday, May 17, at 8:00 p.m., in the Calendar Set Green Room of the San Francisco Art Museum of Modern Art. This program by Dana K. Drenkowski is in conjunction with the Museum's ex- Some graduation plans are npt set- ner planned at 8:00. Class President The San Francisco Museum of hibition, Henri Cartier-Bresson: tled yet, but the following is provided Petra Dejesus-Bonney was pleased to Modern Art presents Kandinsky in Photographer, and the exhibit will be for the information of our readers. announce that Third Year fingerpaint- Munich: 1896-1914, a major exhibition open before the program and during in- Justice Mathew Tobriner was se- ing and T-shirt sales brought in over that examines the artist's formative lected as graduation speaker by the $2200, which has been used to bring the years in the context of the artistic, termission. The ensemble will present a class of '82. Prior to his death, he asked price of tickets down from a projected social, and intellectual ferment in turn- his good friend Appellate Court Justice $23 per person to $16 each. of-the-century Munich. Opening April Dance Joseph R. Grodin to fill in for him in Several bands are still under consi- 22, the exhibition will be on view the event his failing health prevented deration at this time, with Jazz-Rock through June 20. The Oakland Ballet's acclaimed pro- him from meeting his commitment to preferred. Tickets for the dinner-dance Organized by The Solomon R. Gug- duction of Bronislava Nijinska's Les Hastings. By coincidence, Justice went on sale the third week of April. genheim Museum, New York, and Noces will be returning by popular de- Grodin was also on the list the Third Mixed drinks will be $2.60 each, with sponsored by Philip Morris Incorpor- mand to headline the opening perfor- Year Council was considering for grad- beer and wine for $2.00. ated and the National Endowment for mances of the 1982 Spring Season, Fri- uation speakers. Justice Grodin has Measurements for caps and gowns the Humanities, the exhibition contains day & Saturday, May 7 & 8 at 8 PM at graciously consented to speak at the will be taken at Peg's Bookstore. The over 300 works in diverse media by Zellerback Auditorium on the Univer- graduation ceremonies on behalf of his deadline is May 11, but Peg advises all Vasily Kandinsky, his teachers, and sity of California campus in Berkeley. departed colleague and friend . students come to the bookstore before contemporaries. Les Noces will be presented exactly as it Graduation ceremonies will be con- that date to avoid inconvenience or the was premiered last Fall with Kent Na- ducted at the Civic Auditorium at 2:00 possibility of not getting it done. Rental Museum gano conducting a chorus of 50, 4 p.m., Sunday, May 23 . In addition to price for the caps and gowns is $19 .70, grand pianos, 4 vocal soloists and full Justice Grodin, speakers will include including tax. Announcements are also Tom Noddy's Bubble Magic will re- percussion. The piece is a stylization of Chancellor Bert Prunty; Petra available for 32 cents each at the book- turn to the Exploratorium on Saturday ceremonies and rites connected with the DeJesus-Bonney, President of the store. and Sunday, May 8 and 9 (Mother's marriage of peasants in Central Russia. Third Year Council; and the Class Deans Woody, Kane, and Cunning- Day) for shows at 1:00 p.m., 2:30 and The Oakland Ballet is the only dance Valedictorian, who will be named on ham have suggested a procession of 4:00. Admission to the performances is company performing this prestigious the basis of class standing as of the graduates and professors from the 200 included in the price of admission to the work in the United States. December 1981 finals. McAllister Building to the Civic Center museum. Premiering on the same program will The Third Year Class Council has to begin graduation ceremonies, but the Bubble Magic is a fusion of the art be Richard Kuch's powerful and con- selected the San Francisco Hilton idea has not yet been formally adopted. and science of blowing bubbles, the troversial work, The Brood conceived Hotel, at O'Farrell and Mason Streets, A reception by the faculty for parents sum of 10 years of world travel by Tom as an extension of Brecht's play, as the site of a Graduation Dinner and and students at 200 McAllister is also Noddy in his pursuit of all there is to "Mother Courage." Richard Kuch was Dance. The event will begin with cock- under consideration following gradua- know about bubbles. Bubble Magic is a a principal dancer with the Martha tails at 7:00 p.m. on May 21st, with din- tion, but plans are still not final . magic that involves no illusions. Graham Company for 12 years and is Bubble Magic is performed using on- now the Assistant Dean of Dance at the ly dime store bubbles, two bubble North Carolina School of the Arts. PILF Aids Student wands, a soda straw and smoke. Fol- Also on this opening performance lowing the performance, an area will be will be Ronn Guidi's classical inter- set aside inside the Exploratorium for pretation of Tschaikovsky's "Rococo Summer Work Projects enthusiasts to test their own powers of Variations" called In Autumn in a by Grant Kim Kevin Maynard, a first-year Hast- Bubble Magic. birch forest setting designed by John The Public Interest Law Foundation ings student, will help low-income Ten- Gilkerson. The pas de deux from the is delighted to announce it will fund the derloin residents protect their rights company's full-length production of following three student projects this against arbitrary evictions, excessive Music Jean Paul Comelin's "Daphnis and summer: an elder abuse project by rent increases, and other harassment. Chloe" will complete the program. Trisha Thompson, the Tenderloin The summer is a particularly critical The San Francisco Contemporary Tickets are $5-$11 and are available Housing Clinic by Kevin Maynard, and time for the area, since many landlords Music Players will present the last con- at the Paramount Theater Box Office, a San Francisco eviction defense would like to evict residents in order to cert of their 1981-82 season series on BASS and all major agencies. To manual by Polly Verena Marshall. accommodate higher-paying tourists. French program with works by Henri charge-by-phone: 465-6400. For fur- PILF congratulates these students on Polly Verena Marshall, a second- Pousseur (Belgian), Gilbert Amy, Betsy ther information, call the Oakland their outstanding proposals, and hear- year Boalt student, will work with the Jolas, and Iannis Xenakis. Ballet at 530-0447. tily thanks its more than eighty new stu- Lawyers' Committee for Urban Affairs dent members who have generously to develop a manual on San Francisco contributed to make these awards ordinances and regulations relating to possible. housing. This manual will fill a real Trisha Thompson, a second-year need since San Francisco has numerous Hastings student and a professional oc- complex and peculiar housing regula- able to fund three projects this year posals due to lack of funds. If cupational therapist, will work at tions, which are difficult for the since this highlights its recent surge in would like to help us to fight ｾ｟ＭＧｉ＠ ___.- Senior Adult Legal Assistance in Palo average attorney to research or apply. membership, which has nearly tripled cutbacks and to build a strong" It,·rn,,tll. Alto. She plans to do direct client work, The Public . Interest Law Founda- our size to over 140 members. However, funding source for legal to complete a pamphlet on seniors' tion, founded three years ago by PILF is still only able to address a small grams, please feel free to pick up rights, and to educate service providers Hastings students and alumni, awarded fraction of the need for legal services mation from the bulletin board and community members on how to its first summer grant last year to a among the disadvantaged and the McAllister or come to the next

prevent financial and physical abuse of highly successful battered women's underrepresented-they were forced to sponsored event. Together, all ... V VIV " .. elders. project. PILF is especially pleased to be turn down nine other excellent pro- can make a difference!

CONGRATULATIONS Hastings Class of 1982

What a long, strange trip it's been.

From the People Who Brought You the Hastings Law News April 29, 1982 Hastings Law News Page 7 Ethical Views Clash At Hastings continued from page 3

But morality is not a law school sub- questions. But it's extremely dangerous ject. It's a college subject. It really is. corporations are responsible for certain where withdrawing [from a case] forces to start basing analyses on the value of things. You don't see that in law you to pass moral judgment not only on (PANELIS1): It's a life subject!! life on cost alone . " The airbag law VAPNEK: Right, a life subject. schools. They don't tell you what cor- what the firm is doing, but on what was not passed. [It] had nothing to do porations are responsible for ... [nor] they're doing when they continue to Next, let me suggest ... One of the joys with cost; it had to do with ideology .. . of practicing law as a private practi- . . . in the Economics departments .. . represent the company . the car industry was not going to be told [nor] ... anthropology departments .. . And if you withdraw and stay with tioner is you don' t have to represent what to do by the government. anybody . .. Secondly, it's important to beware the firm, and watch another associate If you analyze the verbal inter- of, although things do cost in this day take your place, is that morality or is Now, let us say you are an employee change ... it has little to do with cost .. . and age, the deceitful use of cost as the that just hypocnsy? .. It's a hard line in a corporation. You still have the right way to explain policy direction. to draw but. .. you can't escape draw- to tell your client ... not to do it. Even if • ing it. .. it is legal. Because it will be harm- If anything [law students} are • • RHODE: ... It strikes me that it is a STUDE T: .. I don't understand ful . .. in the long-run to the corpora- better citizens, more moral at moral question: to what extent you feel the severity of the dysJunction between tion ... It will hurt them in the market the end of law school than at the you are willing to be implicated in con- personal morality and this other notion place in the long-run when people are beginning. duct that you see as essentially asocial. of ethics .. hurt overseas. This has happened in the As Jeffrey Hazard put it ..... It's one VAP EK: It's the difference bet- past. . . - Vapnek thing to defend a former killer ... \\een moralIty and law ... The hypo Now the fact that some people will whose life and liberty are at risk for past poses it: Is it la\\ ful, legal?-and that want to put profit above everything Secondly, the way in which costs are conduct. It's another thing to be on cur- has nothing to do with right or wrong. doesn't necessarily mean that the made is very interesting, because it's rent retainer for the Mafia ... " (audience confusion) Seriou Iy! lawyer is doing a bad thing or a good very convenient to life-cycle costs ... If you don't ask the questions, NADER: That's one of the peculiar- thing. sometimes and to short-cycle costs who will? ities of Western la\\. That right and One other point. .. It's easy to say othertimes ... You can life- or societal- ... The problem becomes complex wrong have nothing to do with law!! that a lot of our problems are because cost [mine safety] and say if you don't.. when you're in any kind of orgamza- (audience laughter) Really!! Try that of corporate greed. It's very glib ... put it in mine safety, you put it in tional structure ... [such as] a law firm, on a Moslem. NADER: First. .. I can give you a medical care. STUDENT: And it's a peculiarity reading list. To say that the highways There's so much deceit in the costing that 1 wish we were talking have nothing to do with the corpora- apparatus today. It took me years to I call this the second mortgage about. . more. (audience laughter) ... tions is absolute naivete, I'm sorry to finally understand that the reason why problem . .. if you don 't have to • • ay. To say that we have an auto trans- solar always came out more expensive work for these people and they SALISBURY: The essential ques- ortation system as versus a public than nuclear costs was because they tell you to do something, you tion that each of you is struggling with ran sit system is ... well, naivete is the life-cycled solar and they plant-cycled that really has to be asked IS: "Why the est way I can say it in this situation. the nuclear. They didn't tell you about get up and walk out . . . Unfortunately, most of us hell did I go to law school in the first audience laughter) the nuclear costs from the uranium to place?" and "What are you going to do To go back to the question of cost the disaster. (audience applause) don 't have that freedom. with that degree?" All of these ques- hich is always being raised, I think it's To summarize, ... it's indeed not glib - Saldamondo tions are built upon your acceptance of mportant to look at dollar and cents and not easy in this society to say that the role of lawyer ..

From the Journals University of San Die80

Congratulations to the winners year students with a "unique" LL.M. IN TAXATION of the 1982 Inter-journal writing sense of humor have been bragging competitIOn and thanks to about perpetrating this cruel trick . LL.M. IN CRIMINAL LAW everyone who entered. The an- Although we all need a sense of nouncement of the results of the humor to survive Hastings, humor Fellowships Available competition was marred by the at the expense of others is an unfor- • Full-time and Part-time Programs Offered posting of fictitious "April tunate mistake. Quality Programs of a Fully Accredited Law School Fool's" lists supposedly represen- The editors of ting HLJ and HCLQ. We For dE'ldlr .. (onld( t Ms Muy ｬｾｨｬｯ＠ HASTINGS LA W JOURNAL UNIVERSITY OF SAN DIEGO apologize to any 1st-year students and HASTINGS School of lolW, ｇｲｯｬ､ｵ ｯｬｬ ｾ＠ Progrolm who were misled by this pure Aluli P.uk CONSTITUTIONAL LA W S.n D;"go. CA 92110 fabrication; no one on any journal QUARTERLY 17 14) ＲＹＩｾｓＹＶ＠ had anything to do with it. We understand that two first- ThE' Unl\t't"II't ul Soln Dlt>go dops not dl\CllmlnoltP on thfl ｢ｯｬｾｉｓ＠ 01 Sh: fact' (OIOt ｲｴＧｨｾｬｯｮ Ｌ＠ .. ｾｴＧ＠ ndtlonal ongln ... ｮ｣･ｾｴｲｹ Ｌ＠ or handl,ap. In Its POIICIPS and ｰｴｯｾｴ｡ｭｾ＠

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Member of: American Council of Hypnotist Examiners & The Hypnotists Examining Council. References at;ailable. Certified Hypnotherapist April 19, 1911 Page 8 Hastings Law News New ASH Officers Face Challenge As A Team continued from page 1

the "team" idea would extend to the firms in outlying areas such as San Jose entire ASH Council. All the officers by organizing "satellite interviews" for seemed to feel that the failure to work firms that can't afford to come to as a team hurt the ASH officers this Hastings but do have jobs to offer. past year. One of the first tasks facing the new Fuller, Chong, and Sprake said they ASH administration will be making ap- believe that there is a broad student pointments to student-faculty commit- consensus favoring increased services tees. They said that they hope to make a for students at Hastings. Fuller cited lot of "interim" appointments before ｂｏｏｾｓｔｏｒｅＺ＠ the placement services as an example the summer so that student represen- HASTINGs- and pointed out that the Placement Of- tatives aren't left out of decisions made fice currently' 'really only serves a small over the summer. "Every decision percentage of students." He said the made at Hastings affects students," new officers are already working with Fuller claimed, "and there should the Placement Office to improve things always be some student input at some by giving students access to smaller leveL" However, in discussing student- faculty-administration relations, all of the newly-elected officers agreed that ASH OFFICERS ELECTED they would take a less hostile stance ｃａｾｂｏｏｾｾ＠ President: Brad Fuller than their predecessors. "We won't • Vice-President: Rachelle Chong presume bad faith on anybody's part," ｏｕｔｌｬｎｾ＠ Secretary: Kimberly Mart Fuller stated. He also said that he • Treasurer: Susie Sprake believes that if ASH deals honestly and fairly with the administration they will ｈｏｒｎｂｏｏｾｾ＠ Arts and Rec. Directl}r: get much further in the long run. "Bad • Greg Peterson faith begets bad faith," he declared. ｎｕｔｾｈｌｌｾ＠ Fuller, 25, studied Political Science • Third Year Council: at UC Davis before coming to ｾｕｐｐｌｬｾ＠ Cindy Casteel (President of Hastings. He also lived in Japan for a • Class) year and is an accomplished wrestler, Norman Chong having participated in the Olympic ｐｇＧｾ＠ ｗｏｒｌｄＭｆａｍｏｕｾ＠ ｈｏｾｐｉｔａｌｉｔｙ＠ Mark Okey trials a couple of years ago. He has serv- • ed on the ASH Council for the past two ｂｏｏｾｓｬｏｒｅ＠ Third Year Rep's: years. • NO MORE CON\J€NI€NTI Mike Smith Chong, 22, studied Political Science David Rabin and Journalism at UC Berkeley as an Norman Chong undergrad, and did the 10 o'clock news Mark Zemelman on KALX while a student there. She is a Mark Okey member of Comm/Ent and says she Sergio Guitierez wants to make the ASH Vice-President ｄｏｗｎｾｍｉｾ＠ -198 MCAlU)fER Patti Goldman "more visible." "I'm also going to be a Elizabeth Reifler 'watchdog' on the student-faculty com- William Schlei mittees," she promised. She was a first Ralph Wheeler year ASH representative this year. Sprake, 29, studied at the University Second Year Rep's: of Maryland and worked at the Human Wendy Block Rights Court in Strassberg, France Pat Brooks before moving to San Francisco to go to Sedric Chappell law school. She has been on the ASH Shawn Christinson Council for two years and was a Sarah Davis member of SAC last year. As Treasur- Liz Valenzuela er, she stressed that she will be con- HASTINGS LAW NEWS PILA Update: Ramon Cervantes cerned with fiscal accountability for the Editor.ID-CIlIef •••...... Andy Niemyer groups which receive ASH funding. MaDag\Dg Editor ..•••• Dana Drenkowski Students v. Hastings News and Feature EMtor .•. AI Bromberger The Low News solicits points of view from by Mark Zemelman all students, faculty, administration and This is to bring you up to date on PILA Suit alumni. Letters are welcome. Advertising the suit by the Public Interest Law rates available upon request. Association, ASH, other student continued from page 1 organizations, and community refused, and the· suit has continued on The PILP controversy has been The dispute has continued since then groups against Hastings College. behalf of the named plaintiffs only. A brewing at Hastings for several years. with little progress until the most recent Last semester, the plaintiffs made trial date was set for April 1 but has The original "promises" were made by settlement developments. settlement overtures to the been postponed as a result of the latest the Dean without faculty approval, and Neither party would comment on the Hastings administration and facul- settlement moves. Plaintiffs are repre- the faculty, which controls the cur- substance of the negotiations at this ty. The administration and faculty sented by Kathleen Purcell of Rosen & riculum, refused to approve the pro- time. However, PILA did issue a state- expressed a desire to engage in set- Remchow, and Hastings is represented gram without careful study. However, ment regarding the partial settlement tlement discussions, but they were by the State Attorney General's office. nothing was done to prevent Cata- (see Box). unwilling to enter such discussions The suit is based on a breach of con- logues from being sent to students who while individual faculty were nam- tract resulting from alleged promises relied on the program descriptions. A ed defendants and while it was made by Hastings to students and com- PILP Director was hired for one year possible for the plaintiffs to add munity groups several years ago. Alleg- and $100,000 was allocated to fund the Law News other faculty defendants. edly, one promise was made by program, but the position was elimin- Consequent to these initial Hastings and printed in the 1978-79 ated and the money forfeited when the Hastings Law News will be accepting discussions, the plaintiffs and school Catalogue, which stated that program stalled. Original PILA pro- submissions of articles, essays, and per- defendants reached a partial settle- Hastings would implement a "Public posals included expanded "public in- sonal classifieds (25 words-$2.(0) for ment: the named faculty have been Interest Law Honors Program (which) terest" course offerings, the clinic, the Fall Orientation Issue throughout dismissed with prejudice (mutual will have two components-an aca- establishment of a public interest law the summer. Deadline: July 20. Please releases have been signed) and the demic portion, and a public interest law journal, special legal writing sections, mail to: Editors, c/o Hastings Law plaintiffs have agreed not to add center." The Catalogue encouraged public interest lecturers, expanded News. other individual defendants. At the applications from students "commit- library facilities, and a "certificate of same time, a Negotiating Commit- ted to the ideal of providing legal ser- achievement" for students completing Congratulations tee was established, comprised of vices of the highest caliber to all the program. The faculty studied the faculty and administrators repre- Congratulations to the Class of 1982 members of the community." proposals and did approve a few extra senting Hastings and students rep- at Hastings. For those who wish to keep Another alleged promise was made courses and preliminary moves toward resenting the plaintiffs. This com- on top of news events at Hastings, a by former Dean Marvin J. Anderson to the clinic. They also voted to have mittee is engaged in an effort to subscription to the Hastings Law News community groups opposed to Has- Hastings join the Public Interest Law develop a tentative settlement is available at $8.00 per year. Send your tings' expansion and eviction of tenants Consortium (which sponsors the Public agreement regarding the merits of name, chss year, address and a check living in Hastings-owned property. Interest Law Clearinghouse). the suit, which would then be sub- Those groups claim that they were pro- c/o Hastings Law News-Business mitted to parties on both sides for However, students frustrated by the Manager. mised the clinic in return for dropping slow pace of faculty decision-making approval or disapproval. their opposition. While they did so, charged that the faculty'S response was In the event the parties are Hastings has still not created the clinic. "manifestly inadequate" and filed suit. Thanks Billie Undh unable to reach an agreement, it is Copies of the complaint have been ASH joined as a plaintiff after long Thanks Billie Lindh for all the years expected that the case will go to placed on reserve in the library by debate and allocated $1500 to help pay of effervescent cheer and good will at trial in lai sl"lfe{) Ｐｧ｡ｾ＠ 1982. PILA. for depositions. the student info office.