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11-15-1977 Hastings Law News Vol.10 No.6 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.10 No.6" (1977). Hastings Law News. Book 100. http://repository.uchastings.edu/hln/100

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]. Ｂ｡ｾｴｴｮｧｾ＠ 1Law Jiews The University of California Hastings College of the Law

VOCACY AT HASTINGS GOVERNOR BROWN TO SPEAK AT HASTINGS

Tomorrow at 2:30 p.m. in Rm E, Hastings Center for Trial and Ap- Governor Edmund G. "Pat Brown peallate Advocacy is the continuing will address the Hastings community legal education department of Hast- on the Future of Law and Politics. ings College of the Law, University Gov. Brown IS currently serving as of California. Founded in 1971, the the Chairman of the Brown Commis- Center offers a variety of continuing sion on the Federal Criminal Code legal education programs with an and will speak of his long experience emphasis on trial skills and advocacy in the law and his past experiences in techniques. The best known of these politics. seminars is the week-long College of Nearly 600 attorneys participated Brown will be in San Francisco to Advocacy, an intensive program of in the two programs sponsored by be honored at a fundraislng dinner lectures, demonstrations, panels and the Center, thus marking the most for his continued service to the people of California. The dinner, at workshops presented by outstanding successful year in the College of Olive lewis, the State Executive practitioners and judges from Advocacy's seven year history. Over the Fairmont Hotel, will be attended Director of the California Democratic throughout the country. 425 participants enrolled in the Civil by such notables as Lt. Governor Party said that the dinner IS con- Mervyn Dymally, Sec. of State Until this past summer, the Col- College, either in workshops ori- Sidered to be the unofficial kick-off of March Fong Eu, Treasurer Jesse lege of Advocacy presented a single ented toward personal injury or Jerry Brown's re-election campaign Unruh, State Controller Ken Cory, seven-day program stressing the business litigation. By itself, atten- The Hastings Democratic Club has Senate Majority leader Jim Mills, also invited Jerry Brown to speak to problems encountered by trial at- dance at the Civil College was d Speaker leo McCarthy, and the torneys involved in civil ｬｩｾｩｧ｡ｴｩｯｮ Ｎ＠ record, but when the more than 150 the student body on Wednesday, but current Governor, Edmund G. While these presentations included attorneys who attended the inaugu- at press time no confirmation was Brown, Jr. lectures and demonstrations relating ral Criminal Justice College are available from the Governor's office. to both personal injury and business considered, it is clear that the Center contexts, the needs of the criminal is addressing a need for advocacy MAYOR MOSCONE SPEAKS AT lawyer were largely unaddressed. training which is widely felt within However, beginning in 1977, a the legal community HASTINGS second week-long program, the Col- In addition to viewing leading lege of Criminal Justice Advocacy, practitioners present a mock trial, Mayor George R. Moscone, at the was also offered. Patterned after the attorney-participants attend lectures inVitation of the Has,ings Democra- successful format of the Civil Col- and demonstrations on aspects of tic Club returned to Hastings on lege, the new program was designed trial practice not emphasized in the Nov . 3, to speak to a group of 75 stu- to meet problems peculiar to court- course of a traditional legal educa- dents on the city elections. He spoke room practice in the criminal justice tion Among the topics ｡､､ｲ･ｳｳｾ､＠ by briefly, explaining the Significance of system. the skilled and articulate faculty are: the district elections of Supervisors Both the Civil College and the interviewing and preparing the and endorsing those candidates and Criminal Justice College were con- client, discovery techniques, voir propositions he supported. The ba- ducted by the Center .at Hastings dire, opening statements, direct and lance of the hour was spent respond- College of the Law during the past cross examination of witnesses (ex- . ing to questions from the audience. summer; the Civil College from July pert and lay), evaluation and settle- When asked hiS poSition on the 31st to August 6th, the Criminal ment, motion practice, as well as municipal ownership of the utility cluded that no study had shown Justice College from August 7th to closing arguments companies, Moscone responded that to be the case, and that his support 13th. continued on page 8 if It could be shown that It could be run more efficiently, thereby giving would be forthcoming only if cheaper the citizens of San Francisco cheaper rates would be charged the customer gas and electricity, he would move to and not just to the idea of public support such a program He con- ownership. PETERSON SHOWS CALLOUSNESS Law ....•...... • • • • • • • ••• • • • • • • • • • • • • The move to 25 Taylor and ItS There was no student input soli- Inherent Inconvenience notwith- cited or even accepted as to this standing, Jane Peterson, dba Assis- decision. The "move order" was Arts ...... ························· · tant Dean of Student Affairs, has presented in "xerox memo form" to chosen to enhance the burden on all organizations this last week. the student groups affected. Over- For an office preoccupied with looking such "trivial" considera- (1) "follOWing procedure;" (2) Arts ...... 7 tions as (1) the absence of a " dead "keeping the lines of communica- week;" (2) the impending Thanks- tion open;" and (3) "working ｴｾ＠ giving holidays; or even (3) the gether," this burdensome fiasco prospect of exams; Peterson, a stu- represents a new low-water mark. dent at Hastings a mere three years The presentation to student umni/Development •....•...... •.•.16 ago, ordered all occupants of the groups, which Peterson is not legal- Student Annex at 55 Hyde to move ly bound to support, but which she all furniture and office equipment always takes credit for, of a "fait next week, the week of Thanks- accompli" is extremely condescend- giving vacation I ing. Student groups, who only exist Continued on page 3

Non -Profit Organizatioa HASTINGS LAW NEWS U.s POSTAGE PAID H.. tlnp College of the Law San Frmciaco, Ca. Unhrerllty of C.llfomle Permit No. 10286 1. MeAlI.. .., St. s.n Francllco. c.. 14102 Bulletin Board

WESTLA W JOINS LEXIS DANCE LSCRRCTURKEYTROT The WESTLA W computer tenninal is now available. for. use by ｦｾｵｬｴｹ＠ and ｾ･ｾ･｡ｲ｣ｨ＠ third and second year students. WESTLAW, at this time, r?t?eves onl, The Hastings Chapter of Law Students Civil Rights Council cordially key-numbered headnotes; it will go to full text in January. Because It IS ｡ Ｎ ｰｲｯ､ｾ＠ invites all students to attend its First Annual ThanksgIvmg Turkey Trot Dance. of the West Publishing Company, the entire National Reporter System 18 on ita The gala event will be held Tuesday, November ＲｾＬ＠ in .the ｈ｡ｳｾｩｮｧｳ＠ Commons. Doors and refreshments will be opened at 4 ｰ Ｎ ｾＮ＠ WIth ｾｳ｣ｯ＠ ｲＬｮｕｓｉｾ＠ from 7 p.m. to data base. ual d hapte 3 of ｰｲｾｉｉｬＱ･ｲ＠ ｾｊ＠ ｔｉＮ｣ｾ･ｴｳ＠ Before using WESTLA W one must read the user man an c r midnight by Larry McGee, one of San Francisco s s. ar? $2:00, James Sprowl's book, A Manual for Computer-Assisted Legal Research (KF 242 covering admission and one libation of beer or wme WIth additIOnal libations Al S6) both at the Loan Desk. available for a modest fee . Tickets can be bought from all LSCRRC members and Hastings has access to WESTLAW from 8. a.m. to 6 p.m., Monday through will be sold Nov. 17, 18, 21 & 22 in the Commons. Friday. A sign-up sheet is posted on the bulletm board next to the Loan Desk. One may reserve two non-consecutive hours per week. CAUSE FOR CELEBRATION To celebrate Hasting's first one hundred years and the groundbreaking for Stage One of the Hastings Law Center - the Academic facility - a dinner is slated CRAFTS AND ARTS FESTIVAL for March 1, 1978. Artists and artisans are invited to participate in a festival to celebrate the The Grand Ballroom at the Fairmont Hotel has been reserved for this major publication of the first issue by CommlEnt this month. Hastings students will be Centennial event, which hopes to feature Chief Justice Warren Burger as the provided with a chance to be entertained and to buy a wide range of crafts and keynote speaker. arts Monday November 28 through Wednesday, November 30. As currently planned, the dinner donation will be $125 a plate. At present a This ｦ･ｳｴｩｶｾ＠ is hosted by CommlEnt to reflect and to emphasize for our new Dirmer Committee is being organized to co-ordinate the affair with assistance own Hastings' readership, the Journal's broad purpose of providing front line from Madlyn Day, Charlotte Mai1liard, the Law Center Foundation Trustees and scholarly services to the legal community in these fields. The Development Office staff. We envision a wide range of materials and media, ranging from pottery and Please note the date - March 1st, 1978 - on your calendar now. All inquiries jewelry from under $5 to $10, to import European graphics by famous name and suggestions are welcome and may be directed to Ester Heinsen in the artists, prices beginning at $125. Artists will not be charged a registration fee in Hastings Development Office, 305 Golden Gate Avenue, Room 231, San order to pass along the savings to the Hastings community. CommlEnt will not Francisco, (415) 557-3571. benefit financially from its sponsorship of the festival. Applications for display booth reservations are invited for submission by THmD YEAR PARTY students, faculty, staff, and friends of Hastings. Applications must include a The Third Year Class would appreciate suggestions for this years class party. description of the media, average price, and price range. Please mail by Thus far an evening at a local country club and a dance like last year's party at The November 17 to CommlEnt, c/o Arts Festival, 198 McAllister, San Francisco, City are under consideration. Please drop your suggestions off post haste in the 94102. Third Year Class box in the A.S.H. office.

BE\/I="RLY

How do you like Not, Then what? I 'm busy So? If I can ' t Legal Research I just of course, correcting How ' s that find a job and Writing? love it, the stupid \ the sample practical? as a lawyer, I it' s so assignments. I answers! I can always ("practical! teach English! \

Staff

Published biweekly during the school year, except during holiday Tom Garvin ...... " Editor exam periods, at Hastings College of the Law, University of Ca . 198 McAllister Street, San Francisco, California 94102 . Our phone num is (415] 557-1997. The newspaper has a circulation of 10,000. Larry Falk ...... Managing Editor thousand copies are distributed at Hastings, and eight thousand are mailed to alumni, judges, law schools, law firms, libraries and Steve Brown...... [The law] Associate Editor throughout the state of California . Larry ｾ｡ｨｮ＠ ...... ｛ａｬｵｭｮｩＯｄ･ｶｾｬｯｰｭ･ｮｴ｝＠ ａｳｳｯ｣ｾ｡ｴ･＠ ｅ､ｾｴｯｲ＠ The Hastings Law News as the Hastings student legal publication Jeff Kimmel ...... [Communlty News] ａｳｳｯ｣ｾ｡ｴ･＠ ｅ､ｾｴｯｲ＠ serving the entire legal community, serves as a platform for Jules Kragen ...... [The Arts] AsSOCiate Editor expression of student opinion a mechanism for enhanced communication Martin Pulverman...... ｛ｏｰｾｮｾｯｮ｝＠ ａｳｳｯ｣ｾ｡ｴ･＠ ｅ､ｾｯｲ＠ between Hastings and the ｯｲｧｾｮｩｺ･､＠ bar, and as a public forum for articles Raymond Pulverman ...... [Opinion] AsSOCiate Editor written by students, faculty, staff, and outside contributors. The 1 Tom Hesketh ...... ａｳｳｯ｣ｾ｡ｴ･＠ ｅ､ｾｴｯｲ＠ volume was designated the Best Overall Law School Newspaper in Scott Sachnoff ...... AsSOCiate Editor California by the American Bar Association. Peter ｎ･ｬｳｯｾ＠ ...... ｃｯｮｴｾ｢ｵｴｾｮｬ＠ ｅ､ｾｯｲ＠ We encourage publication of divergent viewpoints . All ma Alan ｓ｣ｨｾｬｫｬｮ＠ ...... ｃｯｮｴｲｾ｢ｵｴｾｮｧ＠ ｅ､ｾｴｯｲ＠ or letters must be typed double spaced on white bond. The Hastinls Law AI?any HilL ...... : ...... ｃｯｮｴｲｾ｢ｵｴｾｮｧ＠ ｅ､ｾｴｯｲ＠ News assumes no responsibility upon receipt of unsolicited manusCflpts. Michael ｾａｮｧ･ｨｳ＠ ...... ｃｯｮｴｲｾ｢ｵｴｾｮｧ＠ ｅ､ｾｴｯｲ＠ © Copyright 1977 by the Hastings Law News. All rights are reserved. Ira C. Stein ...... Contrlbutlng Editor Postage paid at San Francisco, California. The Hastings law News is represented nationally for advertising by the What's Your Line Graphics ...... Typesetting National Entertainment Advertising Service (NEASj. Additional Advertis- represenation is provided by [CASS). Advertising inquiries should be directed to Advertising Director, Hastings Law News, Hastings College of the Law, University of California, 198 McAllister Street, San Francisco, California 94102. The opinions expressed are those of the author. All submitted manuscripts must be signed by the author. The views expressed are not necessarily those of the Hastings law News or of Hastings College of the Law. This is a student publication. ＬｾｇｅＳ＠ Community News

PLACEMENT OFFICE NOTES NOTES FROM ABROAD

ON-CAMPUS INTERVIEW dents. . In . order to assure th a t .In f or- PROGRAM matIon IS accurate and complete the A brand new "model" prison ｡ｰｰｲ･ｾｩ｡ｴ･＠ #3. PARIS During the month of October 120 Placement Office would (Fleury-Merogis) - in which we (The University of San Diego interviewers representing 87 f{rms students notifying them of off could find no prisoners until two received. ers offers summer iaw study programs corporations and government ｡ｧ･ｮｾ＠ hours into the tour but whICh did in Paris, Oxford and Guadalajara offer an extensive collection of X- cies conducted over 2200 on-campus Following are the confessions of two rays of foreign objects in prisoners' interviews with approximately 240 SUMMER JOB OPPORTUNITIES Hastings students who attended the third year students and 220 second stomachs. A good time was had by . Many students have been inquir- Institute on International and Com- year students. The on-campus inter- all. Ing about. ｾｨ･＠ Federal Summer Job parative Law in Paris - a city known view program will continue through The Palais de Justice - How OpportunitIes Bulletin. We have just for its extra-legal temptatIons The the last week of classes with an addi- would you like to be on trial and have ?een adVised by the Federal Job authors prefer to remain anony- tional 40 employers conducting ｾｵﾭ twenty American law students gawk- ｉｾｦｯｲｭ｡ｴｩｯｮ＠ center that this publica- mous) dent interviews during November. Ing at you? tIon will not be available until early General About seventy-five peo- Unofficial field trips included sew- The number of employers recruiting January. this year on campus represents a ple attended the UniverSIty of San ers, catacombs, graveyards, and a 20% increase over last fall's inter- REGGIE PROGRAM Diego Paris program, ten of whom " famous" auction in a "famous" were natives. The southeastern por- hotel which had been torn down view program. By way of contrast, The application deadline for the 80alt Hall had in excess of 300 firms tion of the U S. and the West Coast Shopping If your foot is larger Reginald Heber Smith Community were heavily represented The than a sIze seven you cannot buy participate in their "on-campus" Lawyer Fellowship Program has program. classes lasted six weeks with course socks WIth feet - tube socks maybe been extended to November 30 1977 work varying from reams to none " You have a gros pied." And what The Placement Office is now begin in order to give the fullest Po'ssible (textbooks in the AtlantIC some- ning to get some initial feedback high school French teacher ever opportunity to interested students. where). bothered to teach you the proper from students and employers on Applications are available in the Courses Although many courses vocabulary In a situation where you offers extended to Hastings stu- Placement Office. were taught by foreign professors, need a pencil sharpener and the all were taught in English (or a varia- store is closing in five minutes?! Travel Agencies Make your plans ...------__ｩｩｩｩ｟ｾ＠ tion thereof). Professors spoke in ac- I cents ranging from Jimmy Carter to well in advance and not while you are Maurice Chevalier. in France As a general rule, you FACULTY NOTE Food(!! !) The Program "took on" cannot make a reservation for a In a recent issue of the American filled a void "caused by the nonfea- collectively at least 150 kilos (In our French hotel while In the country Bar Association Journal, Hastings sance of the President, Congress, estimation and that of our scales) for a Milpitas hotel maybe law school professor William Forres- and the states." At the same time he This was due to Patisserie Le Notre Weather Bring an umbrella, your ter writes that the U. S. Supreme is careful to note that the justices (a ten-minute walk), the Latin Quar- own socks, and a complete winter/ Court has evolved into a new institu- with lifetime tenure do not have to ter (a short metro ride), and Le Drug- summer wardrobe, always bearing in tion with legislative rather than conSIder political motives of their store* (a twelve-minute walk from mind the exhortation "travel light " judicial functions . actions. "campus" ) Miscellaneous Beware of the Often important Supreme Court "Each new quest has seemed to *we recommend the coupe ralboule " Rat Man" on the Boulevard St.- decisions depend on a justice's sub- stimulate the justices to move fur- and the " Nutcracker SUIte" MIChel. jective determination of what the law ther and more boldly," Forrester The Metro Push push, shove Disclaimer We really did like should be rather than being based on says. "And the very success of the shove French and France It was a great written law, and therefore Forrester court in its first ventures must Field Trips Off,cial f,eld triPS way to wind down after f,rst-year describes the judicial branch as a explain, at least In a pragmatic Conseil d'Etat -located in Cardinal exams (And the week In the Greek "Iegiscourt. " sense, the willingness of the justices Richelieu's old palace with inade- Isles wasn' t bad eitherl ) Forrester writes that " [the Court] to assume the resolution of other quate ventilation and cooed bath- by DSIL has become the major societal agen- needed reforms the legislative and rooms for the Members but great cy for reform ... that it is a govern- executive departments have c?en paintings, food and drink. ment body in the sense that it makes unwilling to undertake." basic policy decisions of the nation, Forrester sees the Court taking selects among the competing values bold steps in juggling governmental of our society, and administers and duties in contradiction to the "basic INDIANS OF THE executes the directions it chooses in warnings of the doctrine of separa- political, social and ethical reform." tion of powers. " UNITED NATIONS Forrester is at no loss for citing In conclusion, Forrester says the examples in the court's action in the nation should accept the fact that the Supreme Court has become a legis- areas of segregation, criminal jus- In general, the conference ·pro- tice, voting, religion, pornography, lative body. He promotes the stance The United Nations recently held its f,rst international conference vided a forum which allowed Indian legislative investigations, libel , con- of letting the justices "deCIde the is- dealing with the treatment of IndIans people to learn of each others' fidentiality, welfare, abortion, and sues on policy rather than strained by the governments of North, Cen- issues, organizations, and problems, campaign financing. constitutional grounds." tral and South America A staff while providing the attending mem- Forrester claims that the Court has byM.P. representatIve, Roxanne D Ortiz, bers of the United Nations with made a presentatIon at a seminar insight into different governmental sponsored jointly by the DICkinson policies towards Indians. Society of International Law and the The resolutions which were adop- PETERSON SHOWS CALLOUSNESS Native American Students AssocIa- ted focused on particular concerns tion October 10th that the delegates faced in their day Continued from page 1 The conference was held Septem- to day lives. A recurring theme that ber 20-24 in Geneva and was at- permeated the issues before this to serve the students and thus the deadline; the federal grant merely tended by over one hundred IndIan international body can best be exem- College, do not deserve, nor should requires the "start" of some site- delegates from every Amencan plified by the four most quoted words at the conference, "Nation," they tolerate, such circumvention. work, it does not mandate the country except Brazil, which allowed ｣ｯｵｮｴｲｩｾｳ＠ "Land", "Genocide," "Self Deter- The final straw, the insult which untimely expulsion of students, who no delegates. Forty world- WIde sent theIr own representatives mination " The resolutions are to be accompanies this injury, is the vari- serve the Hastings community, and ance/exemption granted to the who now are strongly concentrating as observers to this, the first inter- presented to the Secretary General, national gathering of Native people Kurt Waldheim, with possible en- Hastings Volunteer Assoc., a fine on exams. group of faculty spouses, who were from within the distant corners of dorsement by the U.N. General Assembly granted a time extension by Peter- America son . The conference consisted of three Information on the conference can Equity and concern for her credi- days of individual commission meet- be obtained through the American ings with one day as a general Indian Treaty Council office in San bility should militate against such plenary session The final day was FranCiSCO, 870 Market St, 94102 or callousness in the future. For now spent voting on those resolutions New York at 777 U N. Plaza, 10017. the student groups must bear the that were adopted by the particular burden of this action. by Patrick Guillory commIssions. Students seem to be ignored. We can only hope that this will change. No reason exists to support this rash Community News PAGE 4 HELLO,

INTERIM EXAM RULES HELLO · • •

The Hastings Development Office is asking its current students and alumni to do some quick talking. Not INTEIlIM F.XAHTNATION RULE;; in the classroom or courtroom, but on the phone. (1) Each student will write or type the examination in the The College is organizing its first room to which he or she has been assigned, and in no telephone solicitation program to other place. follow-up on its direct-mail Annual Fund Drive. Phoning is planned in (2) Each student will sign in and out of the examination room San Francisco and los Angeles - the as directed by the examination proctors. two major alumni constituent groups. Students and alums are Smoking is prohibited in all examination rooms, includinc being recruited to help raise viu.1 typing rooms. funds over the phone, while enjoying beer, wine, and each other's good Except in the case of "open book", "open code" or "open company. notes" examinations (for which the professor concerned will If we are not well-practiced in issue special instructions), no resort may be had during securing financial aid, most of us the course of an examination to ｡ｾ＠ unauthorized source would like to be. In fact, many (stu- materials, wherever the same may be located. No un- dents in particular) have no doubt authorized books, notes, papers, briefcases or like developed an admirable ease and materials mgY be brOUGht into an examination room. expertise in the art. Traditionally, the response from No student ｭｾ＠ begin writing or typinG an examination until such a telephone campaign is im- (5) pressive. The "Cal Calling" cam- the proctor has issued an instruction to begin. Every paign at Berkeley netted 547,000. examinee will stop writine or typing immediateJy upon Alumni enjoy the personal contact announcement by the proctor that the examination has ended. with current students or fellow alums and classmates. (6) All questions and requests for clarification during an Far be it from alums to ignore the examination shall be directed to the proctor. No student pliant pleadings of a student (or shall converse with another for any purpose in an exam- alum) arguing for more books, the ination room after an examination has begun. desperate need for scholarships, child care, adequate facilities, stu- (7) After an examinc-tion has begun, a student may leave the dent activity space, or the case for examination room for the purpose of going to a rest room the new law Center. The importance or relaxing in a nearby corridor. Under no circumstances of private funding at Hastings is ｭｾ＠ a student leave the building durinG the course of G.n personalized through such direct examine- tion until his or her examination materials have interaction. been turned in to the proctor. For one, two or three hours on any given Tuesday, Wednesday, or (8) Violators of examination rules and regulations will be Thursday evening between Novem- subject to disciplinary ｡｣ｴｾｯｮ＠ which may result in sus- ber 14 and December 16, the Devel- pension or dismissal from the College. opment Office will be sponsoring impromptu gatherings, featuring (9) Requesting, giving, or receiving unauthorized assistance in beer, wine, phones, pencils and pledge cards for your perusal. A ｡ｾ＠ form during the course of an examination may lpao to suspension or dismissal from the Colleee. ) good time for that important study- break, or a visit to your old stomping grounds. A veritable festive air will prevail! Besides making a meaningful con- tribution to your alma mater (time is recognized as invaluable a gift as cash) and furthering its most worthy causes . . . there is additional personal incentive! After Willie Brown has told you that of course he'd be delighted to sell one of his cars and donate the proceeds to his alma mater, you may ask if he'd perhaps be interested in contributing to the "Unemployed- legal-Mind-Society" and give you a job. Who knows? All students or alums interested in participating in the first, original, "Hello Hastings" campaign, please contact lisa I. Pierpoint in the Development Office at 305 Golden Gate Avenue, Suite231, 557-3571, so she can be sure there is enough beer on tap.

"$iRJ, ｾｕ＠ w,. NOW ENTiTLED 1b A ｫｃｄｾ｛Ｉ＠ OPiNioN II IPAGE S The law BRIGGS FOILED A typing error has forced state AMERICAN BAR ASSOCIATION tive because "I'm not going to put Senator John Briggs to try to qualify the fate of California/s children in his anti-homosexual teacher initia- LAW STUDENT DIVISION the ｨ｡ｾ､ｳ＠ of (state Chief Justice) tive for the November, 1978 ballot Rose ｂｾｲ＿ＢＢＱ＠ don/t trust her. She/s The LSD/ABA is the Law Student instead of the one in J une, the (ABA approved law schools from unqualified. Politics is gOing to be ｾｩｶｾｳｩｯｮ＠ of the American Bar Asso- Attorney General/s office said. California, Hawaii, and Nevada) played in that court/ and I'm not her CiatIOn . Membership in the division Flo Snyder, a spokesperson for meet and exchange ideas and dis- bra.nd of politician. I am refiling and offers the student numerous benefits Attorney General Evelle Younger cuss issues of current relevance. ｴ｡ｫｬ Ｎｮｾ＠ a nice clean petition, and and ｯｐｰｯｲｴｵｾｩｴｩ･ｳ Ｎ＠ Besides offering ,aid Briggs (Rep.-Fullerton) ｭｩｳｴ｡ｫｾ＠ ｾｶｯｬ､ｬｮｧ＠ the LOUrt, instead of fight- students aCCident and health insur- Two noteworthy programs, open enly used part of a press release Ing. ｾｮ､＠ haggling over a misworded ance at better rates than the univer- to all law students, are tentatively issued by the Attorney General for petition. " sity/s plan, members received the scheduled for the fall Roundtable. title language in his petitions. She S.teven Buehl, chief administrative student lawyer magazine and be- The first program is concerned said the correct language was on ｾｳｳｬｳｴ｡ｮｴ＠ for the Chief J ustice, noted come eligible to join the specialized with the still-controversial issue of other documents sent to him. In reply that all seven justices rule on sections of the ABA at reduced rates euthanasia or, legally speaking the Briggs does not have time to recir- matters before the court. Membership in a section includes " right to die'" Argument on' this culate the initiative with proper ｾ･＠ quoted the Chief Justice as a subscription to that section's pro- Issue will be heard, as presented by instructions, collect the needed sig- saYing she believed in the First fessional journal and an opportunity the regional winning teams of the natures/ and submit them by Decem- Amendment and in the right of Mr to participate in the activities of the National Oral Advocacy Competi- ber 1. But he plans to resubmit the Briggs to make any comment ｨｾ＠ section. This is a great way to tion, Boalt Hall and the University of initiative for the November election. wished in the political arena. explore the different areas of the San Diego. An open panel diSCUSSion Briggs said he withdrew his initia- profession. with a question-and-answer session The Law Student Division also involving medical students, law ｳｴｵｾ＠ provides matching grants for those dents, attorneys, and physicians will BOSTON CLEANS UP individuals and groups involved in follow the oral argument FAMOUS special projects. The program is Following a luncheon (with a key- ICOMBAT ZONE' called the Law Student Services note speaker yet to be announced). Fund and applications can be ob- the second program will begin This The Combat Zone, a seven-acre When the Boston Redevelopment tained from the division represen- highly relevant program will have as district called America/s "Sexual Authority tore down the old Scolley tative/ Larry Falk. its topic professional responsibility Disneyland," appears to be on its Square burlesque and tatoo area in The Law Student Division will be and legal malpractice - the current way out. With it may go Boston's pio- 1%2 to build a new government sponsoring several new activities attitudes of " do' s and dont's." A neering concept of zoning an area for center, the sex district moved to the throughout the year A new program question-and-answer session will fol- "adult entertainment." Combat Zone and turned out to be entitled Attorney Student Counsel- low thiS panel diSCUSSion A municipal crackdown has worse than the original. Prostitutes ing is in the makings . With the The goal of the fall Roundtable is cleared the more flagrant prostitu- flocked in and were tolerated along cooperation of the placement office to increase the individual law stu- tion from the Combat Zone and with the nude dancing clubs. and members of the Young Lawyers dent's in-depth awareness of the reduced patronage at its strip bars - Preparing for the Bicentennial the Section of the ABA, students will be issues discussed in the two pro- where young women alternate bet- BRA proposed zoning the are; for counseled in areas of practice indi- grams. And those attending the ween totally nude dancing and drink " adult entertainment" to contain the vidually, with young ｡ｴｴｯｲｮ･ｹｾ＠ who workshops wlll, of course, gain fur- hustling - as well as peep shows and spread of sex-oriented businesses. practice those specialties LSD/ABA ther insights as to the improvement pornographic and sex paraphernalia Some Bostonians also thought that should also sponsor a Law Day pro- of both effectiveness and communi- snaps. legal zoning would inspire a cleanup gram In early May. cation that one, as a student leader Once the Combat Zone was a of illegal operations such as prosti- All are invited to the annual fall must achieve in her/hiS school But crowded, open-air brothel where tution. Roundtable, sponsored by the Ninth the primary emphaSIS is on the some 300 street prostitutes solicited What happened, according to CirCUit of the LSD/ABA to be held on individual views, consolidated Into a and performed their services in cars most observers, is that the hookers November 19, 1977 at the McGeorge corporate form to Inform other Law and alleys. took the zoning as a kind of "license School of Law In Sacramento. Student Division clrcuits, and the As many as 75 hookers would for anything goes." They became Traditionally a workshop for SBA ABA itself, of the Ninth's Circuit's gather at one time on laGrange more predatory. Gangs of prostitutes officers, the fall Roundtable has position Those interested In attend- Street, only a block long, and swoop backed by armed pimps roamed the evolved into a forum whereby law ing contact Neil Moran at (415) out to descend on cars and rob the area accosting and robbing visito. s. students from the Ninth Circuit 863-54%. Locker #45. passengers. Robberies were estimated at 30 a The Combat Zone is near the heart night. of Boston and the land would be The BRA also believes that adult valuable when cleared of its dingy zoning did keep porno businesses Gustave didn't have a plugged ｔｈｅｉｎｔｅｒｒｕｐｔｅｄｓｐｏｒｔｓｾｎ＠ buildings, many of which are vacant out of other neighborhoods. nickel , he wasn't good looking and above the first floor. Much to hiS chagrin, Slim dis- work (as far as he was concerned) covered that roll i ng bones on Iy was something other people did. gather remorse Invited to a floating WHAT'S THE ｌａｗｾ＠ When he popped the question, how- crap game, he took a roll of bills out ever/ Karen accepted his proposal of of his pocket, placed several bets on marriage With alacrity instead of THE CUTTING DECISION to surgery to have the bullet re- a felt-covered dice table and waited moved, provided it is shown that caution. for the action to begin The only Max, accused of shooting Benny, such surgery would not be danger- later, when Karen discovered that action that took place, however, based his defense upon inside infor- ous to the victim. And, the judge she had been had, she nearly was police actIOn Cops suddenly mation: namely, that the bullet was indicated in passing, should the crowned her " nobleman" husband swarmed into the room, grabbed the still lodged in Benny's body. Insist- victim arbitrarily refuse to undergo Instead, she sued him for an annul- money off the table and arrested ing that the bullet represented ma- the operation - with a further show- ment. Slim and his fellow sportsmen for terial evidence, Max demanded that ing that the bullet was material to " He took me like Grant took Rich- illegal gambling. Benny undergo aD operation to ob- the guilt or innocense of the accused mond," she complained In court. "The game had more players," tain its removal. person - the prosecution would "Had I known the truth about him, the arresting officers testified in "According to all the medical probably have to be dismissed. I/d never have married him." court/ " than a troupe of Shakespear- experts/" Max pointed out in court, In disagreeing, a dissenting judge "While I may not be noble in ean actors " "there/s nothing at all dangerous noted that not "since 'The Merchant title," was Gustave's defense, ''I'm "The cops jumped the gun," was about the operation. It/s as safe as of Venice' has there been a case noble in spirit. Besides, I only Slim's defense. " When they arrived, slicing open a watermelon. Conse- where the cutting open of a person padded my background like a girl the game hadn't started - the dice pads her body It's all part of the quently/ unless a surgeon is directed not directly accused of guilt to obtain hadn't been thrown even once. Con- ｡ｵｴｾｯｲｩｴｩ･ｳ＠ marriage game to make one's self to cut in, the must let me a pound of flesh was sanctioned." sequently/ we weren't gambling and more alluring and appealing. Cer- cutout.// (Based upon a 1977 Georgia Court of you/ve got to let us go since we're tainly, that s no ground for an annul- "The guy/ s absolutely crazy;'/ was Appeals Decision) innocent of the charges." Benny's response. "Nobody/s going ment" II- YOU WERE THE JUDGE, THE GAME OF ｾ＠ TRIMONY to carve me up. I'm no turkey and IF YOU WERE THE JUDGE, would you convict Slim and his fellow this isn/t Thanksgiving. If an opera- Gustave figured that wealth would would you grant Karen an annul- sportsmen of illegal gambling? tion is ordered, it will have to be bring him a more abundant wife . ment because Gustave played the This is how the judge ruled: YES! performed when I'm not around." Consequently, when he met Karen, matrimonial game? The Judge held that once dice players IF YOU WERE THE JUDGE, who was financially "loaded" / he This is how the judge ruled : YESl place their bets the preparatory would you hold Max was entitled to falsely represented himself as a The judge held that while "puffing" stage is passed, the offense of illegal have the surgery performed on member of nobility and heir to his might be allowed for a merchant in gambling has been consumated and Benny? family estates in Europe. And, as he trying to sell his wares, a man isn't the crime is committed. To constitute This is how the judged ruled: YES! had anticipated, the glitter from his given the same latitude in trying to gambling, noted the judge, the dice rrhe judge held that when one person alleged status completely blinded sell himself to a prospective bride. do not have to be actually thrown. 's accused of shooting another, he is Karen to various of his shortcom- (Based upon a 1%4 New York (Based upon a 1970 Washington [entitled to force the victim to submit ings. Supreme Court/ App. Div / Decision) Court of Appeals Decision) The Arts PAGE' IN FLIGHT

Editor's Note: This co"cludes the jou,.."eys of Raleigh. "RHYTHM" completed and forgotten, save for a fuing card Even before they reached the top of the landing, they were ushered inside by the throb- . 'The Seasons, they go round and round reference to the corner of his mind. But now, like an echo, each act was played back. His life was no bing, pulsating music. It was as loud as an entire And the paintedponies go up and down " African tribe pounding drums and congas, and " The Circle Game" by Joni Mitchell longer solely lived, it was evaluated and analyzed. At first he enjoyed this process. It was the compelling enough to pull them into its swirling Thump, thump! The familiar knock sounded on untapping of a new energy source, a mental vortex. This lateral gravitational force was fur- Raleigh's door. Raleigh blinked his eyes and geyser, which spouted insights into a person, thered by strobe lights creating a rainstorm of slugglishly regarded his watch. Nine o'clock. himself, whom he liked. But self-knowledge was stars. The whole building seemed to jive and Thump, thump! not without its trappings. It made decision dance, Scott andJosh were sucked onto the dance " Hey Raleigh, are you in there? " tougher; should he let his life flow or should he floor. "Yeah, sort of," mumbled Raleigh. He slowly analyze, weigh alternatives? Having started the evening closed up like a untangled his body from the chair in which he had In the colosseum of his mind, spontaneity prayerplant at night, the slowly unfolding Raleigh piled it, in a heap. Listlessly, he moved across the battled with evaluation. At flCSt a roaring Roman still resisted the music's call. He'd never known floor, and slid open the door. spectator, Raleigh unwittingly became Christian there even existed corners in this disco, but he Scott bounded in, enthusiasm reflected in his discovered one and huddled into it to continue his every move and expression. "Well let's go! It's and was dragged into the Arena. The cwo forces tore at his flesh like lions. Raleigh lost faith, tried recuperative thinking. Wednesday night. Are you ready to boogie? " Besides the events which sent him riding up "I really don't think so, Scott. Not tonight. I'm to avoid this inner game. Tonight, as the auto sped around San Francis- and down on an emotional pogostick, Raleigh too tired." co, Raleigh stared out through the steam con- suspected that forces within his own body deter- "Too tired! Whaddya mean too tired?" Scott densed windows. He was willing to analyze. Why mined swings in his disposition. Sensing an assailed Raleigh with his grin. "Since when are underlying pattern to his peaks and valleys, was he grieved? Those times when he was sad I you too tired to frolic?" Raleigh had tried to calculate a monthly cycle. To . "O.K., I'll admit, " sighed Raleigh, "that I'd were sufficiently shocking to his narcissism that he couldn't resist an inward probe. A pinch of his no avail. He couldn't schedule a monthly down; like to have a good time. But I can't, I just can't. the theory of male periods remained unproved. I've been sitting here all night, or vegetating here cheek-is this real? Me, Raleigh, unhappy? He recognized the artistic value of despair. But what else could account for this inexplicable describes it better. " malaise. He preferred this seasonal explanation. " Is there any particular problem?" questioned Melancholy is appreciated in the artist. Keats, Poe, Van Gogh; the inner torment they exper- It seemed earthy, natural to be susceptible to Scott. " I mean, this is unlike you." mood shifts beyond his control. He was tugged on "No, and that's the strangest part," said ienced heightens their works in the eyes of their audience. But nobody bothered to ask Keats if he by the moon, washed in and out alongside the Raleigh. "I don't know why I feel so goddamned tides, spun head over heels with the rotation of worthless." enjoyed his wretchedness. Raleigh presumed he had not. So Raleigh did not allow his sadness to the earth. . Raleigh's ｨ･ｾ､＠ was swinging limply, hopelessly Sitting with his elbows resting on his knees and mches fro.m hiS defeated shoulders when Josh flow. When it began to bruise his ribs, then worked deeper into his side, settling sickly into his hands cradling his head, Raleigh brightened a marched mto the room. Stout, Germanic and bit. It occurred to him that the moon never bearded, Josh was the third member of their his gut, he demanded a reason. It was a rare experience, but it was a part of him he needed to complained when it was but quarter full, nor did Wednesday night outing club. It had been their the sun ever doubt it would be resurrected after habit, without interruption, to scavenge the town understand. He discovered that events could level him. The even the coldest most punishing night. He tuned ｦｾｲ＠ treasurers of pleasure every Wednesday his senses back to the nightclub and felt charged mght. death of a friend . .. But that was not too difficult to understand. Or, more subtly, isolation from his by the powerful musical currents. He rose. "This lonely town's crying for our company and .Involuntarily, Raleigh's body began to gyrate you cwo are hiding inside. Let's cruise," urged friends . . . Seclusion was enlightening, but it could leave him hungry for laughter, starved for with the beat of the music. He waded into the Josh. crowded dance floor and meshed his gears with Raleigh tried to explain his feelings to Josh and companionship. Then there were the events he precipitated but others grinding alongside. He found himself Scott. How his soul was hollow but heavy, bur· ､｡ｮ｣ｩｾｧ＠ with a fluidly formed woman with lyrical ､ｾｮ･､＠ by. ｳｯｵｲｾ･Ｑ･ｳｾ＠ sadness. He was down, lying which jolted him nonetheless. Two days earlier an acquaintance had spoken to him through cold eyes sunshme eyes and slender willowly limbs. They with achmg Sides m the bottom of a queasy pit spun like whirring tops together across the that was at the same time his stomach. . and stiffly quivering lips: smoothly polished floor. Then the tempo changed " This should cheer you up" coaxed Scott. "If I don't talk to you it's not because I'm and . she swayed gently and rhythmically in "You can forsake your misery by talking to some playing games. I just don't want to have anything ｒ｡ｩ･ＱｾｨＧｳ＠ embrace, evoking his image of a people. " to do with you again." favonte Roethke poem; she moved in circles and "I can't talk," whined Raleigh. "At all, to Raleigh immediately slid backwards into a quick- sand of self-criticism. What kind of a crud am I? those circles moved. anybody, Othello never knew tragedy as I know it Raleigh's vocal cords were once again in tune; today. " Jesus, I'm failing as a human being. And so on . Then something interceded in his (ex-he guessed) they were reconnected to his heart and he could .Scott's normally placid blue eyes glazed over have used them at will. But the night's cycle had With exasperation. Ordinarily, he counselled his friend's day. Whatever rubberband she had been been sown in silence. He beckoned to the woman ｾｲｩ･ｾ､ｳ＠ hanging onto, despite how deeply it had stretched with patience. But he'd recently been and sweep of his arm. Finding a ｭｳｰｬｃｾ､＠ ｾ＠ downward, it snapped back. Later in the after- with a smile by reading of Plato's Republic, so with cocktail napkin, he scribbled a note. ｾ･＠ dictatonal benevolence of the philosopher. noon she returned, with an embarassed grin. "Hi. You're beautiful! What's your name?" ｾｮｧＬ＠ he acted for Raleigh's own Good. He mo. "Can I kiss you?" The woman's round daisy face blossomed into the tioned to Josh and they lifted Raleigh from his and they both surged upward into smiles, amused most radiant smile Raleigh had ever seen. She seat and out the door. by the rollercoaster they'd ridden that day. took his pencil, dres a simple smiling face, and "But I can't ｾｬｫＮ＠ I'm an emotional zombie!" Josh wheeled them through the Financial underneath, ''I'm Judith." exclaimed Raleigh. District, their tiny Toyota dwarfed by the towers There was a pleasant catch. The analytical side "Then don't talk," said Scott. which rise miraculously like beans talks from this of Raleigh never pierced too deeply, never left It was resolved. Raleigh sat in the back seat a fiscally fertile earth. He laughed about all the incisions which could not heal. He's try to sum up silent passenger for the night, while Scott ｡ｾ､＠ modern-day Jacks, those naive boys and girls who ･ｸｰ･ｾｩ･ｮ｣･ＺＬＢｾｩｦ･Ｇｳ＠ J ｾｳｨ＠ ｣ｾｾｴｴ･ｾ＠ in the front. He was pleased by his his tough, " he'd say wryly, hope to climb these stalks to gold and success. or somerunes, Life sucks." But he wasn't given fnends mSlstence that he join them, and protec· Then Josh curled his car around a corner (he had to dependence upon extremes and he found that ted securely in his self-imposed silence. Raleigh no fear of parking tickets after the dinner hour) relaxed into memories. the bad times were followed by the good, and vice and the three friends emerged into a black night versa. So he settled, in bemused equivocation ｾ･＠ remembered himself as a happy, accepting speckled by inner city lights. upon "Life's funny." ' child. He'd learned about tadpoles while wading Raleigh still silent, Josh and Scott had decided kneedeep in rocky farm streams, about trees And he dwelled on the seasons and cycles and to drop in on The City, San Francisco's defmitive all things ｷｾｩ｣ｾ＠ begin, perhaps end, but fmd yet ｾｨｩｬ･＠ climbing high among lattice-layered pines disco. They strode up Montgomery Street's sheer m felt-covered forests and about baseball in back- another begmmng. Those who believed the earth incline, until, almost at Broadway, they turned ｬ｡｣ｫｾ､＠ yard pick-ups in which brooms served as bats and was flat a romantic yet natural conception, through the disco's black doors and up its thickly thought Raleigh. Roundness. Believing the earth bushes as bases. He was a doer and recognized carpeted stairs. for it. When captains were chosen, he was the to be flat, they could very well have fallen off. At its inception, The City had been a haven for Wednesday night. It was from nights like these natural choice. He never questioned it. gays but now was frequented by straighter Later, perhaps during the unsettling switch to that Raleigh developed a reasoned confidence He elements as well. Still, it arrracted a diverse might alternatively soar, walk or stumble. ｙｾｴ＠ he campus life, Raleigh discovered an antagonistic enthusiastic crowd which turned kinky in ｴｨｾ＠ backdrop to his formerly flCst run thoughts. There ne.ver need fear that he would fall completely from emancipating din and shed layers of clothes to be this continually spinning earth. was a second-run, a rehash, which plagued him. crushed under its stomping feet. Formerly, his studies, play and work had been by Peter Mar#n Nelso" PAGE7 The Arts MUSIC IN YOUR EARS in slick three part harmony, something never now becomes much more effective. present on a Randy Newman album before RANDY NEWMAN ｔｨ･ｲＬｾ＠ "Potters Field" fills up over 8 minutes of the LITTLE CRIMINALS is one remake of an older song, " ril Be second side. It is a mystery tale, set in a grave There. Although on his first few albums yard, and more akin to the style of Raymond Randy Newman and Tom Waits are established ｎ･ｷｭ｡ｾ＠ did write some romantic songs, and was ｳｩｾ｣･＠ Chandler. The musical arrangement in this song as musical poets of this songwriting generation good at It, he has moved way beyond simple is excellent, trumpet and VIOlin dart in and out of known more for their lyrical rather than musical love songs. Once this was enjoyable. Now in the ｾｮ､＠ the lyrics, highlighting the back alleys and dark abilities. Both have widely explored the darker setting of this album, the song is a relic, out evenings helping him weave the tale like a master of place. sides of our urban lives, taking the listener on storyteller would use the intonations of voice . musical advenrures ranging from the hold of a . Newman was best known as a composer of FOREIGN AFFAIRS is another smoke ruled slave ship coming into Charleston, South Caro- sunple ballads at the piano which highlighted his effort by Tom Waits, the finest purveyor of the lina, to the sawdust and vomit on a bar room floor. tremendous lyrical abilities. Many of the songs on beat heritage performing in a contemporary set- ｾｨ･ｩｲ＠ two recen.t ｾｬ｢ｵｭｳ＠ provide further explora- LITTLE CRIMINALS are based around the use of ting. It is clear from this listening that his abilities )Ion for the musIcian as a cynical observer. a guitar, and the simple chords of Newman's as a songwriter are growing. Even his voice has On the. cov.er of UTIlE CRIMINALS Randy piano playing are sadly missed. No longer the unproved, perhaps he has cut down on the Old Newman. IS plcrured overlooking the Hollywood shocking writer present on SAIL AWAY , on Golds, as he begins to hit smoother notes again. freeway 10 downtown Los Angeles. Against the LITIlE CRIMINALS Randy Newman is often What makes both of these songwmers suc- grey background he looks uncomfortable, unsure doing little more than entertaining. For him, that cessful, and unique, is their abihty to fully tran- perhaps this is the one element that runs must be a step backwards. scend themselves in their songs. Instead of being through this entire album, a sense of aimlessless. limited to the outlines of their own lives, both The album ｾｳ＠ a rough effort, with no unifying songwriters know how to use their imagmatlon to TOM WAITS theme, and 10 that way reflects the town it was take the listener from song to song, picture to recorded in, Los Angeles, a community of FOREIGN AFFAIRS pICture, and make the music their storytelling sometimes good ideas with no central focal point. In his fifth album Tom Waits continues to vehicle. Somehow the irreverence that Newman was develop his writing skills beyond the cute one- by Jules Kragen known for has all but vanished. The only remains liners that formerly dominated his beatnik styled, of the comic ability present in a song like "Red- amphetamine paced raps. No longer a bar room UPCOMING LIVE SHOWS: necks" is on the opening cut, "Short People." comic figure, Waits is growing in ability, as a At Keystone Korner: Dexter Gordon Nov . 29 The chorus basically runs short people got no one Iyricist/ storyteller, songwriter, and arranger. through Dec. 4; Gordon 's appearances this to love, short people got no reason to live . That FOREIGN AFFAIRS is a collection of scenes, a summer at Keystone were a combmatlon of high sums up the song, unpleasant, irreverent, but in bar, a barber shop, the back seat of a car, and energy and traditionally based tenor playmg. another sense hysterical. That ability, to walk the even a graveyard. Each song becomes a lYrical Accompanying Gordon this time will be local line between bad taste and comedy in order to advenrure, for this is Wait's greatest talent, to favome, pianist George Cables, and a full quar- force the listener to reflect on a siruation was combine word and song into story. On the first tet. Al so upcoming, veteran pianist Red Garland always one of Newman's greatest abilities Except side Waits sings a srunning duet with Bette Dec. 6 through 11 , and guitaristJlm Hall, Dec 14 for this one song, there is none of that strength on Midler dedicated to the give and take of male/fe- through 18. LITTLE CRIMINALS . male relations in a bar. Midler croons in her paper At Great American Music Hall: Flautist Herbie When he does rerum to an urban setting thin nasal voice that she never talks to strangers Mann appears Nov 19 , syntheSizer expert Jan Newman can still be devastating. This is evident (the tide of the song) while Waits' gruff barntone Hammer Nov. 20 through 21 , F1uglehorOlst (IS in "Balitmore," a stark tribute to the death that tries to reassure her that he really isn't such a bad there such a word?) Chuck Mangione and Quintet grips too many American cities. The song begins guy once you get to know him. The two eventually Nov. 25 through 27 , vocalist and down and out with a drunk on a sidewalk, a bird dying on the decide that in the course of conversation they are Tom Waifs Nov. 29 through 30, and trumpeter steps of a marble building, scenes all too common no longer strangers and the scene fades as Midler Freddie Hubbard, Dec 2 and 3 in the Tenderloin as well. The image he paints is concludes, "hey, you really aren' t such a chump Committee for Arts and Lectures presents highlighted by the melody, a minor key slow " "It is a romance in four minutes. Keith J arren and an unusual live concert featur- ballad which moans for the reality that grips As Waits perfects his craft as a storyteller he is ing fellow ECM artist saxophonist Jan Garbarek urban centers, and slowly is killing them. becoming more ambitious. "Jack & Neal" is a in the quartet called Belonging Nov. 15 at the Newman concludes, "Man, it is hard to live," and beautiful extended dialogue dedicated to Jack Berkeley Community Theatre in the urban centers, this is all too true. Kerouac and Neal Cassady done in style straight Bill Grahm presents: If you can afford It, Bette Other efforts on this album fail miserably. This out of The Dharma Bums. With Shelly Manne's Mldler at Bimbo's 365 club, tickets are $15 on can be attributed to the influence of the Eagles, of sensitive drumming and Frank Vicari's wide open week nights, $20 on friday and saturday night, but all people, on this album. Newman's previous Tenor Saxophone providing propulsion Waits the show will be dynamic and the setting intunate, songs about the old West were funny at times, but takes off on a typical Kerouac musical adventure, Nov. 29 through Dec. 4. Also appearing, madman never serious. With the addition of these over- driving all night from Nebraska to California in a Steve Marnn in two shows 6 and 9 p.m., Dec. 3 at done harmonies, he now sounds as if he is trying dope / booze daze with two of the Beat Genera- Berkeley Community Theatre, and Peter Allen to sing country and western. Even if there is a tion's most famous heroes at the wheel again. brings the cabaret to life Dec. 15 at the Paramount message in "Rider In the Rain" it becomes buried With this sense of focus Waits' amphetamine rap Theatre in Oakland.

BRIEF RESPITE from the song of the food sirens. The Thunderbird enjoying the repast. Don't worry, it's worth the CARMEL Bookstore, in the Barnyard plaza, entices cus- wait. tomers with the promise of a lunch, which they I said that when I think of Carmel, I think of When I think of Carmel, I think offood. I can't serve with apparently no care to the posslbihty of food . To be more specific, when I think of Carmel, help it. I could rationalize and say that ocean finding quiche crumbs m the bmdmg of The I usually thlOk of the omelettes and scones with breezes and running on the beach work up a Thombirds. olallieberry jam at the Tuck Box, across the street tremendous hunger because they do. But the For those more straightforward eaters who seek from La Boheme. The establishment looks as truth is, in Carmel I think of food because It's less obtrusive diversions while dining, I suggest though It came straight from the pages of a there. Self-control during the week is a piece of the Hog's Breath Inn. It overcomes the handicap Beatrix Potter book, and the courtyard alongside cake (so to speak), especially when Dennis has of its distasteful name by serving good baSIC meat is Sunday morning idealized. I doubt that there is closed his kitchen and the only available fare and fish dishes, and by bemg owned by Clint a better place for basking in the morning sun and consists of microwaved burritos and cottage Eastwood. A nonchalant search for Clint among readmg the paper. The generous serving of cheese. In Carmel, however, I become the the crowds provides a subtler form of enter- scones might appear awesome, even to the exag- apotheosis of everyone from J ames Beard to tamment for many diners. gerated Carmel appetite, but the waitresses are Ronald McDonald. I can't be entirely to blame, A limited (no Clint) , but more exotic offering is very understanding and will give you a bag so that though, because the place is crawling with entre- found at La Boheme on Dolores near 7th. The you can take your leftovers. peneurs busily creating new ways to embellish menu at this restaurant is a calendar with a . We found that cold scones were a nice snack upon the basic restaurant theme, new ways to different meal listed for each day The price is after an arduous climb down and back up the capitalize on appetite. always $6 75 for a chef's salad covered with slope at Bixby Creek, south of Carmel on State 1. The Srudio, on Dolores Street, IS a perfect cheese, cucumbers, and meat slices, a soup, a Yes , there are other things to do in a visit to example of such an enterprise. Right now they are vegetable and an entre. Some entre examples Carmel, for the: coast and the forests offer producing the play "Harvey," an attraction which from the November menu include sauted duckling wonderful reprieves from the City crowds, even normally should be sufficient to draw a respect- in Oxford sauce, trout 10 bleu sauce, and paella from the congestion in downtown Carmel. Be- able crowd. Ah, but to the true Carmel proprietor espanola. Glorious. sides, the physical energy you use while exploring there is yet a better way to do business; serve food, La Boheme is tiny and cluttered With copper- will help make room for somethng more to eat and so they do. Theater-goers must promenade ware. The close proX1IIlity of one's fellow dmers The Studio (408) 624-1661 ; The Thunderbird past a buffet displaying harns, roasts, vegetables might preclude intimate dinner conversations, but Bookstore (408) 624-1803 ; Hog's Breath Inn (408) and various other temp tors before they take a seat the food is so good that there is scant attention to 625-1044 ; La Boheme (408) 624-7500; The Tuck around the stage. For about ten dollars they are devote to discussion. They do not take reserva- Box (408) 624-6365 . entitled to sample both the culinary and theatrical tions, so you might have to wait on the Sidewalk fare simultaneously. outside, where you should do your best not to Nor are the srudents of literarure protected stare pathetically at those fortunate ones already by Vtch McCarty

• HASTINGS CENTER FOR TRIAL AND APPELLATE ADVOCACY

ADVOCACY 1977 continued from page 1

While the Criminal Justice College shares the by the Center's staff; a CivIl program attended by common theme of effective trial advocacy, there fIfry attorneys in late September and a criminal is, naturally, a faculry focus on topics of particular program attracting thirty participants during the concern to the attorney at a criminal trial first week of November. including preliminary hearings, sentencing, jury Hastings was the site of yet another Center selection, trends in the law, and the use of experts activiry when from October 17th to October 21st and documents. Professor Irving Younger presented his five-day The Colleges feature workshops consisting of lecture series on Evidence and Cross Examina- 10 to 12 participants led by leading practitioners tion. Nearly 750 Bay Area attorneys were joined from throughout the country. Whether a work- by over 100 Hastings students to create an shop is centered on personal injury, business, or audience limited only by the capaciry of the law criminal law, it is generally the most valuable school's facilities. Younger's inimitable lectures activiry in which an attorney takes part because it are considered to be a volatile, even mesmerizing allows the participant to apply techniques pre- means of reviewing questions of evidence law sented at presentations during the week's pro- likely to be encountered by a trial anorney. gram. Participating attorneys are given individual Students disappointed at not having been able attention by both the group and the group's to attend the Younger series will be able to view leaders. the ennre set of lectures at the Hastings Tele- Each participant is videotaped while giVing an vIsion Office later tlus year when the color video- opening and a closing argument, one taping at the tapes have been processed and catalogued. beginning of the week and the other toward the As with Younger lectures, the Center has end. For most anorneys, this is the first videotaped all lectures and demonstrations pre- opporcuniry they will have had to see a videotape sented at the College of Advocacy since its of themselves in a mock trial situation. Each inception seven years ago. This past summer's taping is then criticized by the attorney involved, tapes, as well as all tapes made in the future, will the group, and the group leader: "Bener to be be avaIlable in color. humbled and learn in a c1assrpom than to be Hastings students have access to the more than humbled and lose in a courtroom." The extensive 100 Videotapes now mamtamed by the Center in use of videotape in workshop contexts has what is one of the largest law related videotape established the Center's College of Advocacy as a libraries in the nation Thus, an unusual and national leader in the use of video technology for valuable resource mtended primarily for practic- legal education. ing anorneys is available to students at Hastings In addition to the two summer seminars held at before they begm their professional careers. Hastings during the summer, the Center for Trial Whether IOdlvidual students take advantage of and Appellate Advocacy, for the first time, has tillS resource, now or in the future, IS, of course, a recently completed a special training program for question left to the individual. Whatever the the Anorney General's Office of the state of New individual's answer, neither Hastings College of Mexico. The Anorney General's program, essen- the Law nor the Hastings Center for Trial and tiallya "road version" of the summer programs, Appellate Advocacy <:an be faulted for failing to was presented in Santa Fe, New Mexico at the address the real and continuing need for qualiry request of Toney Anaya, the State Anorney education in the realm of practical trial advocacy. General. Two four-day programs were conducted By Tom Hesketh ADVOCACY UPCOMING AT HASTINGS

On January 23, 1978, the Hastings Center for Trial and Appellate Advocacy will co-host the Annual Meeting of the International Academy of Trial Lawyers (IATL) , to be held at San Francis- co's Mark Hopkins Hotel. The Center will lend its technical expertise to the IA TL meeting where Abba Eban, former Israeli Ambassador to the United States and the United Nations, has been tentatively scheduled as keynote speaker. All of the activities will be videotaped by the Center for inclusion in the Hastings video library. Also inJ anuary 1978, the Center will commence a series of monthly seminars focussing on the needs of the attorney-advocate. Each month at Hastings, for at least five months, a new facet of trial presentation will be explored in a seminar offered to the Bay Area bar. Judging from the success of previous Center programs, this new series of seminars will attract capacity enrollment and professional acclaim. Not only will the monthly series bring Bay Area attorneys to the Hastings facilities, it will also provide an opportunity for student assistants to meet practitioners in a context other than through e. robert [bob) wallach demonstrates effective technique during the mock trial. Judy job interviews. Rosenberg, a Hastings student, convincingly portrays the ｾｵｲ･､＠ plaintiff. Planning has already begun for the 8th Annual College of Advocacy. A new staff of student coordinators was recently selected by the Center and is now beginning the year-long process of revision and planning necessary to insure the continued success of the Civil College and the Criminal Justice College. Working with Kay del Carmen Holly, Director of the College of Advo- cacy, will be seven students selected from among the more than 50 student assistants of last summer. Carlyn Christianson, Kathy Moore and Gene Walker will be responsible for coordinating the activities of the College of Criminal Justice Advocacy. Similar responsibilities for the College of Civil Advocacy will be held by Joe Fanucci, Art Skola, and Charlie Van Orden. Louis Goodman will coordinate promotion efforts for both Colleges. B.J. Putterman-Crigger serves as secre- tary and "Editor-in-Chief." Student assistants for next summer's program will be recruited during the latter part of the Spring semester. The past history of growth and improvement evidenced by last year's largest ever enrollment at the College of Advocacy indicates both the felt need for continuing legal education as well as the more specific need for quality formal instruction on the practical techniques of trial advocacy. The Hastings Center for Trial and Appellate Advocacy has proven to be a national leader in the field of advocacy training. Looking beyond the year 1978 to that time when the proposed Hastings Law Center is realized, an observer cannot but be optimistic that the Center for Trial and Appellate Advocacy will continue to provide, and continue to expand, its services both to the Jolm Strait, Jolm Barrlll, ad Kate Pflaamer, workshop leaden for the 1977 CrImJDaI legal community and to Hastings College of Law. Advocacy Program dlllCUIIS opening day event. over a drink ad a smoke. ADVOCACY EXPANSION

YIELDS BENEFITS terminal relayed the signal to the Communica- the 200 new chairs, Hastings now has the capaciry tions Technology Satellite from which the signal to hold an assembly seating over 500 srudents. In was then picked up by flJ{ed-earth reception these tangible ways , the law school has received a Hastings College of the Law, the oldest law terminals. school in the Western United States, has remain- direct and on-going benefit from the Center's ed a pioneer in the field of legal education. In its "The Best of Advocacy 1977" and the tempor- activities on campus. l00th year as an education instirution, Hastings is ary television necwork respond to the growing Both the College of Advocacy and the Center's completing the first decade of its application of concern within the legal communiry for mainte- other CLE programs rely in part on the work of videotape technology to advocacy training and nance and improvement of the professional srudent coordinators, all flCSt and second year law legal srudies. competence of trial attorneys. Reflecting this srudents at Hastings. Last year's coordinators ｾｯｮ｣･ｲｮＬ＠ the Center for Trial and Appellate In 1968 Hastings installed a sophisticated were Elizabeth Bird, Rich Davidoff, Grant J as- Advocacy at Hastings College of Law has been multiple-camera television system in the then new min, Jim Nolan, and Foresrr Smith. active in research and experimentation in the use moot court room - the first closed circuit tele- The coordinators elicit help from some 75 of video technology in legal education and coun volunteer srudent assistants who handle innum- vision, system permanently installed in any law administration. school in the United States. Using the equipment, erable tasks, from assisting the faculry to StafflOg As a result of videotaping lecrures, panels, an information center during the various srudents are able to evaluate their courtroom and demonstrations held during the Annual techniques by means of instant videotape replay. programs College of Advocacy, hundreds of hours of In its tenth decade, and especially with the This concept in videotape has been extended videotapes and program materials have been founding of the Center for Trial and Appellate through the use of television monitors located in provided to other schools, continuing legal educa- Advocacy , Hastings College of the Law has ｢･ｾｮ＠ three large classrooms. Videotapes of lecrures tion programs and bar associations. Among the at the forefront in using space-age technology to and presentations can thus be broadcast to any instirutlons which have purchased or rented tapes convev Ihc fundamentals of an Art as old as Demos one of the several trial advocacy courses offered at from the Center are the Federal Judicial Center, ｴｨ･ｮ ･ｾ＠ but as present as the nearest courtroom. Hastings. The same facilities are used by the the Department of Justice, numerous state bar Hastings Center for Trial and Appellate Advocacy associations, as well as universities from Maine to by Tom Hesketh in its College of Advocacy-an intensive one- Mississippi. Additionally, firms from throughout week course in trial advocacy designed for the country have utilized Advocacy tapes as part members of the bar. of their CLE programs. Videotape has been Founded in 1971, the Center's various pro- found to be a most effective teaching tool for trial grams are tailored to meet the need for continuing lawyers; gesrures and facial expressions are legal education (CLE). From a precarious, uneven preserved to give full impact and meaning to the beginning, the Center has now become established spoke..'l word. as a national leader in CLE. The Center's During the past seven years of Advocacy at College of Advocacy experienced its most suc- Hastings, the Center's summer seminars have cessful year in 1977 with nearly 600 attorneys drawn over 2400 attorneys from across the nation, attending either the College of Civil Advocacy or including all 50 states, Puerto Rico, Guam , the the College of Criminal Justice Advocacy. Virgin Islands, and several foreign countries. Earlier in the year, the Center became the first Reflecting the national appeal of these practitioner- CLE program in the nation to transmit a program oriented legal education, nearly 60% of the via NASA satellite. participants have been from states other than After cwo years of planning, a pilot project California. This broad representation has been using communications satellite technology in the encouraged by the fact that the College of field of legal education became a realiry on Advocacy is certified for continuing legal educa- Sarurday, January 29, 1977. Hastings College of tion credit in all states having a CLE requirement. the Law's legal demonstration program, "The Of special importance to California attorneys is Best of Advocacy 1977," broadcast live to six the recent announcement that the College of other California law schools by the Educational Criminal Justice Advocacy has been granted Television Office of the Universiry of California's certification for California Cruninal Law Speciali - Berkeley campus. zation Credit by the State Bar Board of Legal Originating in the Moot Courtroom of Hastings Specialization. College of the Law in San Francisco, the televised The Center for Trial and Appellate Advocacy presentation demonstrated trial format and pro- has become a self-supporting instirution as a cedure from jury selection to closing argum("nts result of the populariry of its College of Advocacy by a faculry selected from among the state's and the rental or sale of its videotapes. In leading judges, trial lawyers and legal educators consequence, 125 full and partial scholarships The program was modeled on the nationally were awarded to participants who would have acclaimed College of Advocacy. otherwise been unable to attend the past sum- Funds for the five-hour broadcast, which was mer's cwo Colleges. In addition, the Center has co-sponsored by the Hastings Alumni Associa- been able to purchase 16 new video cameras and The 1977 College of Advocacy wu dedicated to the tion, were provided jointly by the Hastings Center over 200 new chairs thereby enabling it to expand memory of Tom C. CIuk, United State. Supreme for Trial and Appellate Advocacy and the System- the scope of its Advocacy programs. Court Juadce 1949-1967, HODorary ChaIrman of wide Administration of the University of During the school year, the Hastings Moot Hudog_ College of Advocacy 1971-1977. California. Court program uses the video cameras to tape Practicing attorneys and law srudents ｶｩｾｷ･､＠ srudent oral presentations. With the addition of "The Best of Advocacy 1977" on closed-Circuit television systems at the law schools at UC Berkeley, UC Davis, UCLA, Stanford Universlry, the Universiry of the Pacific, and the Universiry of Santa Clara. Law faculry and srudents attended without charge, but a modest ruition of $30 was required of practicing attorneys. . Over 600 viewers saw the program at the SIJ{ down-sites. UC Berkeley's Educational Television Offic.e broadcast the program over a temporary tele.vI- sion necwork developed through the cooperative efforts of the National Aeronautics and Space Administration (NASA). Hastings, and the Uni- versiry of California. Unique in the ｾ･Ｑ､＠ of continuing legal education, the cooperatlve ex- periment is expected to serve as a protorype for furure endeavors utilizing satellite technology to meet the educational needs of the legal communiry. . The television coverage was relayed to the SIJ{ law schools through the Communications Tech- nology Satellite that was launched in ｄ･｣･ｭｾ･ｲ＠ 1975 to demonstrate new techniques in satellite communications and forming information net- works. For the pilot project, the Pacific Telephone ｾ､＠ Telegraph Company ｴｲ｡ｮｳｭｩｴｴ･ｾ＠ the ｶｩ､･ｯＭ｡ｵｾｯ＠ signal via microwave from HastlOgs to a ｳ｡ｴ･ｬｬｩｾ･＠ up-link at NASA's Ames Research ｃ･ｮｴｾｲＮ＠ 10 Roger Traynor, former Odef Justice of the CaIlfom1a ｓｾ＠ Comt rem"'- Mountain View. There, an earth cranSJDlSSIOn about hla day_ on the BeDCb clarIDa the mock tdal. Opinion ｐａｇｅｾ＠

IS TV LINKED TO VIOLENCE? VVVI vlL'lD FOUNDm PIER"O SAN FRANCI_LLSC O CALIFORNIA 941 0 7 IAIS ) 957 - 16 1 1 ,\.OIt'l'NC I 1(( .... 1'-1[0 '1"'-... MARGO ST JAMU/ O,'Klor I can hardly relish the fact that Ronnie Zamora, a fifteen year old boy, has been convicted of murder and sentenced to Ife in prison. I am sorry for him. But I am pleased that a Dade Counry (Miami) F. A. s. R. I. o. N. clo Raatinga College of the r.. jury has refused to find him not guilry by reason of 198 M:Allliter StrMt television. The jury reasserted an old truth that San F'rIrIcUoo, Califomia 91+102 we seem bent on forgetting: that people are DMr Fr1mda: responsible for their own actions. I .. writing thU lettJer to ttwi< the Hutinga COIIUIity !or Ellis Ruben, Zamora's lawyer, argued that 11:8 outalXld1ng ｾ＠ of oor CAl8e. I Iww beon 1nfoI:Dd that • gr.m total of 554 t:1.cketa to tha ,ear'. Hookan Ball ...... ｾ＠ Ronnie's overexposure to television violence, and by the IIII!IIbera of F. A. S. R. I. O. N. (Faculty And St:m.nt& of IIut:1nge In ｾｴＺｩｯｮ＠ to NondacrllldnaU.2&t:ion -- cnl.y • t.yar to Kojak in particular, had produced in the boy a could Iiaw CClIIIe ｾ＠ with that.- : ), ｾ＠ F. A. S. R. I. O. N. mental state of temporary insaniry. "Ronnie by far the largest s1ngli group at thU ,ear • Ball. Zamora was unhinged from realiry. " The nat procea\8 of the Hookan Ball are .-! 1n the Victoria Ib>dI1.Ill Fomdat1on'. condnrlng efforta to effect the decr1mInal.1.za Ruben argued that Ronnie should not have of all v1cdmleao cr:\m! laos, with part:1.cul.IIr eapt.aia on anrt-proeti- been found guilry of the shooting death of Eleanor t:ution:t.M. Yoor oont1nJed ｾ＠ of oor afforta both """ and &fUr ,.... I10Ive eni>arl

THE OBSCENITY LAWS AND FREEDOM OF THE PRESS continued from page 12 limitations on the means and content of ex- pressions of sexual. activity; that's civiliza- . According to one widely-held religious tradi- individuals and deprive society of human re- tion. tI.on, .permitt.ing.oneself to be sexually aroused by sources. Laws dealing with these matters have viewing ･ｾｯ＿｣｡＠ IS a serious sin. According to this some basis in pragmatic social utility. The fact ｰｲ＿ｰｯｳｩｴｩｯｾ＠ . The second i.s t?at the first proposi- ｳ｡ｭｾ＠ tradition, most of the conduct ponrayed in that we may consider such laws to be also morally non need not fnghten civil libenarians because erotic films, magazines and books is itself sinful. wonhwhile should be secondary and subject to a modern social theory and empirical studies force What censorship boils down to then is an effon great deal of disagreement. Hundreds of years of US t? conclude that broa.d First Amendment pro- to Ｎｾｰｯｳ･＠ this morality, ｲ･ｬｩｾｩｯｵｳ＠ 'rather ;:han bloody religious wars and persecutions should tection of ｳ･ｸｵｾ＠ expressIOn can only aid the goals ｰ＿ｬｬｴｾ｣｡ｬ＠ or sci.entiftc in origin, on our reading and have taught us the unwlsdom of trying to of a healthy society, a more democratic one and a viewing. ObVIOusly, this is a serious violation of establish a state religion or an official moral code. less aggre.ssive political state. We can fight the the principle of separation of church and state. The narrow moralism underlying censorship ｦｯｾ＠ battle liberality?? th.e ground of social utility. One way to becloud the issue is to claim that the was revealed In a courtroom scene made by a The third proposition IS that we could have lived pro-censorship position does not arise from one Nashville district anomey in the case of a book- with Miller v. California standards and recent religious denomination but is shared by many store owner charged with selling obscenity. A Supreme Coun decisions in related areas; for they (A.c.tually, only a few sects in this country are so defense witness, a married school librarian, were well within the range of reasonable repres- militant as to be willing to cripple the Constituion testified that she did not believe any erotic sion, even though they may be based on as and impose their beliefs on the public. Most magazine was in violation of community stan- mistaken belief in a hierarchy of expression that religious people in America today have a live-and- dards. The prosecutor asked the lady at what age rewards so-called political speech with theoreti- let-live attitude.) But whether a person is killed by she had begun sexual mtercourse and whether cally more protection than sex expression. But, an individual or by a group, homicide is homicide. she practiced oral sex. In response to the defense alas, the Coun this last June-in Ward v. Thus it is useless to try to hide this religious effon objection to this line of questioning he declared: Illinois-has pressed the Miller dictum to vague at thought control by referring to the ideology "She has testified that thiS fUthy thini right and different bounds with many worrisome impli- being imposed as "the shared value system of here is community standards in this community. cations. Western culture" or "our Judeo-Christian heri- She has testified that her understanding of com- tage." The fact is that the entire movement for munity standards is based on her personal THE THEORISTS censorship arises from the taboos of a few expenence. I want to know what she has Time and a generation or two of sociologists religious groups. The fact is that there is no experienced. I want to know if she is a prostirute. I have not diminished Freud's message in Civiliza- secular justification for laws suppressing erotica. want to know if she has experienced oral sex. II tion and Its Discontents: civilization (that is, It is sometimes claimed that the majority favors Doubtless there are those for whom a witness's culture and progress) is possible only because of censorship. That may be, though I doubt it. But admission that she engaged in oral sex, even in our repression of aggressive behavior, which has even if it were true, the Constitution, in panicular the sanctity of the marriage bed, would be enough a basis in sexual drives. We create a "civiliza- the Bill of Rights, exists to protect the rights of to discredit her. She made no such admission, but tion" by mastering potentially destructive desires minorities and individuals. And I would suggest sadly the prosecution won the case. and channelling them into cultural pursuits. that it is the right of each of us to practice his or Each group of believers or unbehevers has Karl Marx has provided a political and social her own private, personal, individual morality- every right to adhere to moral rules of their own corollary to Freud: our concepts of freedom are as long as we don't injure others-free of chooslOg. I beheve that while assenions made to relative and change. They are the product of government interference. The American ideal, it justify laws should be based on facts and logiC conditions of society as we are born into them, seems to me, is that it is the function of Govern- and, where necessary, scientific eVidence, there is including-but, as Michael Harrington urges, not ment to protect people's individuality, not to mold no reason why a moral system shoulc' have to limited even for Marx to - the system of pro- their way of life. Morality is too precious to be justify Itself scientifically or any other way, as duction of eanhly goods. As Marx noted, a belief enttusted to government. long as It stays out of the arena of law. in freedom in the absolute sense is a naive refusal It is true that, in some sense, all laws are based People even have every right to :tbstain from to recognize the realities of social existence. John on some moral or ethical values. But when we are oral sex, as long as they do so in pCl\ate, have the Stuan Mill's vision of a society that has no right to trying to create a free, yet unified, society out of consent of their panners and do not IOjure others. impose restrictions on one's own conduct towards peoples adhering to many different beliefs, it IS But the only guarantee that each of us will be free to follow the morality of our chOIce is for oneself is a fantasy. necessary for laws to be based on practical con- practitioners of all moral codes to be equally free. In sum, it is a fact and a social imperative that siderations that can be factually demonstrated. And this, 10 rerum, requires that the law attempt society conditions the range of how and what we We know that murder and stealing injure people as far as possible to be morally neutral. A say and do; it sets limits on time, place, method and threaten our social and economic order. We religiOUS organization has every right to condemn and content of expression. know that sexual and racial discrimination injure continued on page 14

SOCIAL THEORY AND THE LAW OF OBSCENITY Continued from page 12

law" limiting freedom of speech means that therefore professionally concerned about the cause For example, divorce, while painful, may Congress can make' 'some law" limiting freedom question of censorship - for nearly 20 years, and I be a necessary solution to a worse problem- of speech. have yet to see a compelling reason for making haVing to stick with a marriage that isn't working. Only the most powerful pressures, doubtless erotic materials illegal. Wh!1e there has been an increase in the availabil- personal and internal as well as political and Take the question of sex crime. Every piece of ity of erotic materials coincident with an increase social, could make learned men claim that words research done in this area, surveys of sex crimi- in freedom of sexual activity, there's no evidence mean the opposite of what they do mean, in order nals as well as studies of the effects of pornog- that one caused the other; they may both simply to defend an irrational conclusion. And the raphy on normal people, has pointed In the same be pan of the same phenomenon. pressures connected with sex in this country have direction: There is no causal relationship between Another alleged reason for suppressing erotic always been among the strongest, the taboos the pornography and sex crimes Even such eminent materials is the belief that it is proper and neces- most inviolable. advocates of censorship as Charles Keating of sary for the law to uphold cenain standards of I believe that the free exchange of communi- Citizens for Decency through Law and Professor what IS called public morality. Apparently up- cations should be unrestricted, unless there is Ernest van den Haag acknowledge that such a holding public morality means that the law should evidence that a panicular communication will relationship hasn't been proven - though they go take a stand against sin. even when it is not cause immediate, tangible injury to an individual on to insist that such proof is not necessary. There pOSSible or desirable to enforce the law effective- or society. I am a relative absolutist on the First is no evidence that depiction of an act encourages Iy, even when the behavior in question is Amendment. I accept the need for military imitation of the act depicted. harmless or trivial, and even when a large sector censorship in wanime, for regulation of adver- If we sincerely believe that portraying an act ｯｾ＠ the populace does not consider the activity a tising, for libel laws. But these are instances causes imitation of that act, why would we single SID. where there is no doubt, no question about the out only sex for prohibition? Would we not wish to But the need for restrictions on freedom of injury that will be done. I am absolute in my ban communications depicting any anti-social act? expression does not compel us to accept all conviction that unless c1earcut, tangible harm can Either advocates of censorship do not really restraints or most restraints. Freud recognized be proven, there is no justification for limitations beheve that exposure to commurucations causes that excessive repression can cause neurotic on freedom of expression. people to act out what they see, or else they are people; and neurotic people, a neurotic society. When it comes to material dealing with sex, the only concerned with preventing sex acts, not war, Eric Ericson has presented the clinical data and government, couns and a powerful segment of murder, robbery, drug abuse and other antisocial the history that urge us to great moderation in the populace takes a different position. Sexual behavior. repressing sexual expression in bringing up our materials don't ruin anyone's reputation; they S!IDilarly, there is no evidence of a cause-and- children-to avoid a lifetime scarring by frustra- don't cheat people out of money; they don't cost effect relationship between erooc materials and tion. Frustration leads to aggression-a loss of lives on a battlefield. But sexual materials ire behavior seen as socially disruptive. Frequently dignity, a sense of alienation, a susceptibility to condemned without a trial. They are condemned the behavior judged antisocial is merely some- authoritarian cures. Eric Fromm, the guru of a even though there is not one shred of scientific thing pro-censorship people see as sinful, such as past generation of students, made the leap clear: masturbation or non-marital intercourse. Or the evidence that they cause any harm. behavior criticized may have another obvious I have been in the magazine business-and continued on page 14 Profile PAGE THE OBSCENITY LAWS AND FREEDOM OF THE PRESS continued from page 13 oral sex as a perversion and a sin, but for the law obscenity laws will be abolished when enough of Since Christians were lionized by the Roman to condemn oral sex - or any other harmless us realize that there is no rational or factual baSIS Empire, attempts to enforce state religions and sexual activity- is a perversion of justice. for them. We have a problem now because official moral codes have been the rule in history The repository of any moral code is one's own science and technology have changed much more rather than the exception. The scientific and conscience, and conscience is ultimately an indi- rapidly than moral values. The kind of erotic technological progress we have enjoyed in the vidual matter. The inevitable subjectivity of materials that are being prosecuted today- West in recent centuries has come about partly as judgments about obscenity, which are judgments movies and magazines particularly-didn't exist a result of the relaXIng of the church's grip on the about the moral quality of what a picture or text before the 20th century. state. And I think getting out of the business of communicates to the mind, is the rock on which A few centuries ago pornography was so rare running the government and restricting science every attempt to define obscenity has foundered . and so private there were no laws against it. The has been a good thing for religion, as well. In the I look forward cheerfully to the day when the first censorship laws in England and ｴｨｾ＠ U.S. state-imposed ideologies 'of totalitarian countries tests now formulated in the MIller decision sink were blasphemy laws, which is significant be- we see a return to the assumption of those bad old beneath the waves in their turn. For example, cause it underlines the religious origin of the idea days that what individuals read, see and think consider the test which requires a work, to be of suppressing sexual portrayals. The first known should be controlled by government. Perhaps it is obscene, to lack "serious literary, artistic, politi- court decision in this country involving erotic a feeling that we have to compete with totalitarian calor scientific value." Is there a word in our literature was in 1821. The Comstock Act, which societies that inspires attempts to create a language more open to subjective interpretation was the basis for the Deep Throat prosecution, national quasireligion based on "our Judeo- than" serious" ? was passed in 1873 . The appearance of sexually Christian heritage" or "our shared Western As for artistic value, for years we 've been explicit materials reflens the rise of a new values. " having a running debate in this town over whether technology. The prosecution of such materials is I think we would do better to be true to the Picasso sculpture in front of the Chicago Civic the last effort, I hope, of an obsolescent concept of ourselves and not try to synthesize some state Center has any artistic value. There are, in. fact, church-based law. ideology; if we must fight totalitarianism let us do erotic drawings by Picasso that might well not The scientific study of human sexuality is also a it in the name of, and for the sake of, freedom. pass the scrutiny of many juries in this country. phenomenon of very recent origin. As we acquire by Robert Shea Laws that turn juries into art critics are invitations more scientific knowledge of human sexual - Senior Editor to cultural disaster. ｲ･ｳｰｾｮｳ･ Ｌ＠ I believe, we will become less and less Playboy Magazine I'm confident that time and history are on the fearful that the candid portrayal of sex on the side of freedom in this controversy, and I expect screen or in a book can do harm.

THE OBSCENITY LAWS continuedfrompage13 those elements that make for individual psycho- man's alienation from society-his loss of a sense toleration of, and desire to, experiment and the logical disturbances help create the bases for the of belonging to a community and sharing its confidence to abide by the ballot box and accept repressive and aggressive state. We tread on values. This alienation, as Richard Goodwin has the democratic will. It is an avenue to the dangerous ground when we succumb to demands observed and Marx predicted in part, is a sickness individual's acceptance of community and by for heavy repression of sexual expression . found worldwide in industrial-bureaucratic soci- community. Herbert Marcuse has put together the lessons eties. Marcuse has to be right in placing liberality Broad freedom of sexual expression helps to of Freud and Marx in Eros and CiVIlization that I of sexual expression as a central remedy for living create a climate for freedom. Freedoms of various commend to you-whether you be hard-line comfortably in a complex society. expressions feed on each other. While some of our capitalists or communists. Any repression of It follows that relative freedom of sexual ex- leading feminists have become advocates of sexual instincts beyond that necessary for the pression is hardly the foe of democratic institu- censorship - in the interests of stopping the perpetuation of the human race and non-aggres- tions. A society that allows maximized satisfac- exploitation of women-they are sorely in error. sive civilization is "surplus repression." And it is tions and that is relatively unfettered by hypo- h is no accident that the greater liberality in perceived ' 'surplus repression" that adds to critical and self-denying strictures leads to the continued on page 15

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o b see n ; ty Continued from poge 14 sexual expression in recent times has been a concomitant to the recognition of women's rights NO HIERARCHY OF TYPES OF SPEECH overt sexual extremes more than we do political to equality, to the winning of major civil rights for All of these observations lead inevitably to the extremes. The gay liberation movement can blacks, to the expansion of career opportunitites conclusion that sexual expression is just as march through Skokie, despite the fact that most for the underprivileged and to the greater imponant to society as freedom of political ex- Jewish parents want thell' sons and daughters to abhorrence of police strong-arm methods. pression. We must reject as unacceptable the be heterosexuals - and heterosexual lawyers and doctors. But just as relative freedom in one area flows Meiklejohn thesis, so eloquently argued recently into another, a lack of freedom in one area rein- by President Bloustein of Rutgers University, that I don't mean to say that there isn't expression forces authoritarian and repressive attitudes in there should be a hierarchy of speech in which - whether sexual or otherwise - that has more others. The judges and justices who vote more political speech gets a preference. social value than other expression and, therefore, readily for sexual censorship are those who also Zachariah Chafee, Jr. has pointed out that all merits less protection. That's denying Freud, vote more readily for censorship elsewhere, or for speech has political and social elements, and any Encson, et cetera. What we have to reject IS the automatic reaction: sex, less; polItIcal, more. greater leeway in arrests and suspect-question- attempt to categorize speech for purposes of ing. censorship IS inevitably fruitless or counter- Up to U"ard, I thought we were not in such a Moreover, government-imposed censorship is productive. Chafee's solution derives from bad state of sexual affairs today But now I have inevitably undemocratic: the rich man is protected Socrates and runs in a straight line to Justice my doubts. We must even be less confident that in his home under Stanley v. Georgia, but the Holmes. What is amounts to is this: men must be an argument to protect national publishers and film-makers will work poor man goeth to the censored local moviehouse. free to think and to speak if they are to discover Wardv. Illinois destroys the complacency I had We should realize, 10 shon, that relative the truth. about the reasonableness of Miller's definition freedom of sexual expression does not mean a loss As a practical matter, our behavior is already and its requirements of fair warning. Ward was a of dignity, but quite the opposite. more in accord with the libertarianism of Chafee bookseller who was convicted in an Illinois state But I stress relative. We cannot lose sight of the than with Meiklejohn. We can't and don't live COUrt for selling three allegedly obscene books, basic truth: expression or limitation is essential to with the puritanical censor-despite the judiCial cwo of which had no Illustrations. The books dealt a civilized society. 'ihe fight to counter alienation attention which is constantly accorded the views with sado-masochism, which was not among the means compromise with the community and of people like Professor Thomas Emerson, who speCific illustrations of the obscene In Mzller. The working within its values. Goodwin has put the would rule pornography out of the lexicon of Court's majority upheld the conviction. The Court point this way: protected speech. The fear of censo'rship and its ruled that pre-Miller definitions of obscene In the snowballing effects, as well as the acceptance of "not only does the free individual establish Illinois Supreme COUrt gave fair warntng that changing mores, is what has lead to rights to his own purposes, but they are consistent sado-masochlsm was bad scuff under the broad licentious talk and graphics since Roth v. United with the purposes of his fellows. Freedom Illinois statute. It held that Mzller's ItSt of the States. Both Charlotte, North Carolina, and New founded on non-alienation and community is obscene was not exhaustive and that a state York City are full of X-rated moviehouses, but a a social condition wherein the individual ex- stacute can be quite generic In ItS definttions or propaganda film on Lenin would die even in New periences common values and shared inclina- merely tllusrcative You can feel the chill tions as his own. He not only inhabits society, York City and would have no takers in Charlotte. a-coming. We have no mass market left-wing or right-wing but the society inhabits him; not the indivi- Well, as the man said who jumped out of the magazines; but the Playboys have driven even dual within the commonwealth but social Brd floor window when he reached the 31st floor: man." Llfe and its ilk from the newsstand. We tolerate ''I'm all nght-so far."

Get a head start on Finals or ·the Bar Exam ... BRC's FORGE AHEAD LECTURES

During November and December (see schedule below) BAC will offer free video lectures to all B AC students at the San Francisco Office! For students not enrolled yet in a bar review course, a pass may be obtained from a B AC campus rep, for admission (on a space available basis) to anyone lecture.

BRC FORGE AHEAD VIDEO LECTURE SCHEDULE - FALL 1977 - TIMES: 1 :30pm - 5:00pm

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 30 31 1 2 3 • 5 OCT. EVIDENCE EVIDENCE EVIDENCE REAL PROPERTY REAL PROPERTY NOV. Josephson Josephson Josephson HMiller H Mdler

6 7 8 9 10 11 12 REAL PROPERTY CRIMINAL LAW CRIMINAL PROCEDURE WILLS TRUSTS NOV. H. Miller Uelmen Uelmen H. Miller H Millor

13 l' 15 16 17 18 19 TORTS TORTS TORTS COMMUNITY PROPERTY PROFESSIONAL NOV. RESPONSI BILITY" Sulmck Sulmck Sulmck Goodrrw> BU"IJ

20 21 22 23 ,. 25 26 CONTRACTS CONTRACTS CONTRACTS NOV. H Miller H,Mill.r H. Miller

27 28 29 JO I 2 3 CIVIL PROCEDURE CIVIL PROCEDUREI EQUITABLE REMEDIES CORPORATIONS CORPORATIONS NOV. EQUITABLE REMEDIES I A. Miller Cox Cox DEC, A. Mtller A Miller

5 6 7 8 9 10 • CONSTITUTIONAL LAW CONSTITUTIONAL LAW CONSTITUTIONAL LAW BAR WRITING DEC, K.rst K6rtt K6rst Josephson I J • OnlV ｾｮｲｯｬｬｴＡ､＠ 8 RC srudenu n»y .ttttnd Prof-.slorYl RttSpOnSlbihry BHC San F rancisco. Off'ce'I, 355 Golden Gate , San Francisco, California 94102, 415n76-3396 Alumni/Development

ANNUAL DRIVE GEARS UP Hastings' first Annual Fund Drive and further the quality of legal realize the urgency with which the the law and Hastings. There are gift was launched in late October this education at Hastings (2) to stimu- school seeks their help." opportunities to recognize those year with the first of three direct- late annual unrestricted funds above There are a variety of ways in whose generosity have made and will mail solicitations. The annual sup- and beyond the operational budget which a donor may contribute to the continue to make the excellent pro- port campaign is intended to assist of the College, increasing its endow- College as outlined in the annual grams of the College a reality. not only present -on-going programs ment for scholarships, professor- fund campaign, including plans for Hastings has an unprecedented at the College, but those proposed ships and curriculum enrichment, life income gifts, annuities, un i- opportunity as it enters its "second for the new Law Center as well. and most importantly, (3) to fund the trusts, and other deferred giving century" - an opportunity to not just The Drive is a co-ordinated effort innovative programs which will be programs, many of which will offer maintain, but to advance its leader- involving the Administration, the made possible by the new Law substantial tax savings to contrib- ship in legal education and better 1066 Foundation, the Law Center Center. utors. serve as an example for other institu- Foundation and members of the "We hope to create a new aware- The program will also recognize tions to follow. Only with the com- Hastings community - alumni, stu- ness, to re-educate people about contributions used to establish spec- mitted support of its alumni and dents, parents of students, the facul- Hastings, its past, present, and ial professorships and scholarships. friends will the College be able to ty and other friends of the College. future," Lisa Ishikawa-Pierpoint, In addition, these contributions may meet this challenge, to insure that The goals of the fundraising cam- Annual Fund Director explained. memorialize friends and relatives the next century is a true step into paign are threefold: (1) to maintain " Most of all, we want everyone to who have had a special interest in the future, LAW CENTER NEWS - BRIEFS A L U M N I FOCUS *The $4.2 million Local Public Works ees to the Foundation. They are: grant Has.tings received for con- Alfred G. Cinelli, Senior Vice Ryan P. Schmelz, Class of 1974, struction of the Law Center's Aca- President, Security Pacific National has been elected to the position of demic Facility will enable the Col- Bank; Vice President and General Counsel lege to begin on-site labor in early Hon Harry W. Low of the San of Remote Computing Corporation 1978. Campus offices and services Francisco Superior Court; by the Palo Alto firm's Board of will have been relocated by then to John V. Mitchell, Jr., Santa Bar- Directors. In addition to serving on 55 Taylor Street. bara, Class of '62; the firm's Management Committee, Mrs. Ellen Newman, San Fran- Ryan's responsibilities will include *At the September 6th meeting of cisco; personnel, office and contracts ad- the Law Center Foundation Trus- Mrs. Charlotte Mailiiard, San ministration, publications and ｣ｯｾﾭ tees, President John B. Huntinton Francisco. po rate legal affairs. welcomed six newly appointed trust- Prior to the promotion, Ryan was Guild and the ACLU. He also serves RCC's Director of Administration on the panel of arbitrators of The and Counsel. He has been an RccAmerican Arbitration Association. employee since 1970 and since thatHe received his B.A. in 1968 from DEAN ANDERSON HITS THE time, he has held a number of finan- the University of South Dakota and cial, technical and administration his MBA in 1971 from San Jose ROAD positions within the corporation. State. Ryan is a member of the California Our heartiest congratulations to In an effort the improve com- Stockton - Thursday, November 17 and Federal Bars, The American BarRyan on his new position with munications with the 7000 alumni Santa Rosa - Wednesday, Decem- Association, The National Lawyers Remote ｾｯｭｰｵｴｩｮｧ＠ Corporation. scattered throughout California, ber 7 Dean Marvin Anderson has agreed Alumni chairmen for these two LOS ANGELES CHAPTER TO to travel to speak with any alumni luncheons are Robert Mazzera in group in the State. Over the course Stockton and Robert Mackey in HONOR ADMITTEES of ,the next two years, the Alumni Petaluma. Other alums interested in At press time, the details are mark the date well in advance. Association hopes to set up luncheon assisting with the organization of a unsure, but the greater Los Angeles For those admittees not in Los An- meetings wherever there is a gather- local gathering are encouraged to Area Chapter and the Alumni Asso- geles, the other alumni chapters are ing of 15 or more alums. contact Association President-Elect, ciation are planning their annual also planning events, after the first The first two stops on the "Dean's Kurt H . Pyle, at (805) 963-2044 or admittee reception on the day of of the year, to welcome you to the Circuit" are: the Alumni Office at (415) 557-3571 . admission in Los Angeles. Assuming practice of law. So that we know the same timetable as past years, where you are and can notify you of alumni and admittees should note these gatherings, please utilize the the following in their calendars: accompanying coupon . These meet- December 22, Thursday ings afford the new attorney a The Founders unique opportunity to be introduced CLASS OFFICERS WHERE ARE Dorothy Chandler Pavilion to the legal community, so don't YOUl In order to update non-existent Music Center, Los Angeles miss out because we did not have records, the Alumni Office is at- Notices will be mailed to alumni in your address. tempting to compile a list of all the greater Los Angeles area and to For further information on the Los permanent class officers elected over all admittees, but due to the short Angeles or other admittee functions, the years. The Class Secretary/Class notice often given by the Bar Exam- contact the Alumni Office at (415) Reunion Committee is also looking iners, we want to make sure you 557-3571 or the Los Angeles Region- for alumni interested in aSSisting al Office at (213) 933-1000. with the collection of class notes information and/or reunion plan- CLASS NOTES ning. The latest edition of the Hastings Community (formerly the AJumni Bulletin) is Please fill out the coupon below at the printers now. So if you have a class note which missed this latest issue use and return it to the Alumni Office. the coupon provided to let us know what you are doing. The deadline for the 'next issue will be mid-November.

The Class officers for 19 were: DIRECTORY ADDRESS CHANGE/CLASS NOTES President: Please change my address to the following: Name Vice President: ------Year------Secretary/T reasu rer: Firm Other (specify) : Address I am interested in assisting with ------o Class Reunions Zip ______o Class Notes Names ------Please print the following information in the clll88 notes section of the next editio of the Hasting8 Community: n Address (Zip)

Phone home: Office