Cover: From the photo album of Avis Winton Walton'45. Taken in 1943, this snapshot shows (I-r) Gloria Midgely Beutler'44, Margaret Morten Feinlieb '44 (since deceased), and Mrs. Walton. (The young woman in back, whose name is unknown, is thought to be an assistant law librarian. ) An article on early women graduates of the School begins on page 4. f- STANFORD LAWYER FALL 1986 VOL. 21, NO.1

Editor: Constance Hellyer Associate Editor: Jo Ann Coupal Graphic Design: Nancy Singer, Barbara Mendelsohn Production Art: Linda Ruiz

Stanford Lawyer is published semi­ annually for alumnilae and friends of Stanford Law School. Correspon­ dence and materials for publication are welcome and should be sent to: Editor, Stanford Lawyer, Stanford Law School, Crown Quadrangle, Page 4 Page 32 Page 16 Stanford, CA 94305-8610. Copyright 1986 by the Board of Trustees of the Leland StanfordJunior University. Reproduction in whole or in part, without permission of the publisher, FEATURE ARTICLES is prohibited. The President's Choice: Justice William H. Rehnquist '52 2 The Venturesome Women of Stanford Law, 1920-1945 4 Leelane Ellis Hines '59

AT ISSUE Overruled: Jury Neutrality in Capital Cases II SamuelR. Gross The U. S. and the World Court: Facing the Facts 14 Michael]. Danaher '80

BOARD OF VISITORS ANNUAL MEETING Introduction and Overview 16 State of the School, 1986 18 Innovative Approaches to Legal Education 20 Placement Issues: Strategies and Choices 24

SCHOOL NEWS Career Alternatives: Further Initiatives 32 Faculty Notes 47

ALUMNI/AE NEWS Class Notes SO In Memoriam 76 Alumnilae Gatherings 78 Letters to the Editor 80 Coming Events Back Cover

LAW FUND ANNUAL REPORT Following Page 80 2 Stanford Lawyer Fall 1986 The President's Choice: Justice William H. Rehnquist '52

N JUNE 17,1986, at Professor George Osborne a White House news later described him as "the O conference, President outstanding student of his law Reagan announced his inten- school generation." tion to nominate William Rehnquist's first introduc­ Hubbs Rehnquist as next tion to the U.S. Supreme Chief Justice of the United Court was as clerk, in States. 1952-53, to Associate Justice Said the President: "Justice Robert Jackson. He then set­ Rehnquisthas beenanAssoci­ tled in Phoenix, Arizona, ate Justice of the Supreme where he practicedfor sixteen Court since 1971, a role in years, ending as a senior part­ which he has served with ner of Powers &Rehnquist. In great distinction and skill. He 1969, he was called to Wash­ is noted for his intellectual ington to serve at the Justice powers, the lucidity of his Department as Assistant opinions, and the respect he Attorney General, Office of enjoys among his colleagues." Legal CounseL He was 47 Rehnquist, in response to when, in 1971, President questions from the press, said Nixon elevated him to the that he was "deeply gratified Supreme Court. by the confidence that the The Justice has maintained President has shown in me... his ties to Stanford, including [I]t's not every day when acting as presidingjudge ofthe you're 61 years old thatyou get Kirkwood Moot Court final a chance to have a new job." competitions in 1973, 1981, His new eminence - and and 1983. In 1984 the School the concurrent appointment honored him with its first of Judge Antonin Scalia-will deepen the association Award of Merit, given in recognition of distinguished public between Stanford Law School and the High Court. Rehn­ service. quist, a 1952 alumnus of the School, was in 1971 the first Rehnquist enjoys visitinglaw schools as a way to overcome Stanford graduate named to the Court. He was joined in 1981 the "monasticism" of the High Court. "You just have to keep by classmate Sandra Day O'Connor '52, the first and only anchors to the outside world," he recently said. Other woman everto be sohonored. Scalia's connection to Stanford extrajudicial pastimes include weekly tennis with his law is as a visiting professor of law in 1980-81. clerks, stampcollecting, night-schoolclassesin painting, and Rehnquist was born October 1, 1924, in Milwaukee, grew vacations at his second home in Greenboro, Vermont. up in the suburb ofShorewood, and attendedKenyon College Rehnquist and his wife, the former Natalie Cornell (A.B. for a year, before joining the Army Air Corps in 1943. After '51), have been married since 1953. Their three children­ the war, he enrolled at Stanford, where in 1948 he received James, Janet, and Nancy-are all grown. both an A.B. ("with great distinction") and an M.A. in Though the ultimate influence of the new ChiefJustice on Political Science and was elected to Phi Beta Kappa. The this nation's legal system cannot yet be known, one interest­ following year he earned a second M.A., also in Political ing clue emerged at the summer confirmation hearings: his Science, from Harvard. Returning to Stanford for law school, interest in exploring alternative methods of dispute resolu­ he graduated first in his class, was a revising editor of tion (ADR) - "as important to me," he said, "as penal reform Stanford Law Review and a member of the Order of the Coif. is to [retiring] ChiefJustice Burger." D

Fall 1986 Stanford Lawyer 3 ,

. III

4 The Venturesome Women of Stanford Law 1920-1945

ne of the most striking students were, until recently, avery small differences between percentage ofthe whole. The times were Stanford Law School to­ simply against it. day and in past decades Still, they came-fewin number, buta is the high proportion persistent presence-venturing (like ofOfemale students-now nearly half Lewis Carroll's Alice) into a land of (48 percent). Only once before, when in curious ambiguity. What led these young the midst of World War II the School women to study law? How did they experi­ shrank to less than fifty students, were ence law school? Andwhat opportunities women similarly represented. The cur­ and difficulties did they later find in an rentpattern is, however, no such blip, but undeniably "man's world"? ratherpart ofadeep andprobably irrever­ We were delighted when Leelane sible societal trend. Anabsence ofwomen Hines offered to explore these questions. would today seem abnormal. Her report, which follows, is based on Stanford Law School has of course questionnaire responses and interviews always been open to females (including with 12 of the 18 surviving alumnae of the 1949 admittee who became the first classes graduating from 1920 (our sen­ woman tositon the Supreme Court). But ior living alumna) to 1945. We thank even at Stanford-a young, Western, them for their candor and salute their coeducational university-female law achievements. - ED.

by LEELANE ELLIS HINES '59

5 THE VENTURESOME WOMEN OF STANFORD LAW

had hoped ambition for me - she was the feminist." to practice because of a hearing loss ­ in begin­ An historical note is appropriate as influencing her choice of profession. ning this here. Virtually every woman graduate Besides, "there were several girls in project to we interviewed began her law studies law school, and perhaps it seemed identify a while still an undergraduate. Underthis exciting and glamorous." personalityI pro­ option (available until the mid-1960s) Nora Blichfeldt Bower '35 and Lois file of the Stan­ Stanford students could, as early as the BerryBetzenderfer'45, who date their ford woman end of their sophomore year, declare a interest in law back to childhood, have "trailblazer. " "Pre-Legal" major and spend their sen­ no idea how it all began. Betzenderfer But I soon dis­ ior year taking the regular first-year describes herselfas a vocal child, which covered that to postgraduate legal curriculum. They inspired people to remark, "You ought speak of a group profile of individualists would then have earned an A.B. and, to be a lawyer." Otherrespondents also is an oxymoron. with two more years of law study, could remember being loquacious orargumen­ My first surprise was that not one of gain an LL.B. The existence of this tative - characteristics apparently per­ the respondents even thought of her­ option made the barrier between col­ ceived as necessary for the practice of self as a pioneer - this despite the lege and professional study relatively law - and were counseled accordingly. unusualness of a woman studying for permeable and enabled the women to Mary RechifMulcahy '36 was one such: the overwhelmingly male profession of make their professional choices early. "I had been on debate teams and in law. "What seemed much more Many of the alumnae I talked with oratoricalcontests, and received encour­ unusual," recalls Elizabeth Spilman remember being eager to do so, believ­ agement from speech teachers." Rosenfield '24, "was a woman student ing that unless they acted quickly, they The appeal of "logic and reason" who was majoring in engineering and would be drawninto traditionally female drew Rhoda V. Lewis '29 to law. She worked over at the forge." professions that held less appeal for also cited another critical but little­ There was no sense of cause or them. "I knew I didn't want to be a mentioned factor: "My father was making history in any of the responses. teacher," was a frequent response. One willing to pay for my legal education." I found no militant suffragettes. The woman saw being a nurse as the alter­ In short, the reasons given by these choice to study law seems to have been native to avoid; for another it was women for studying law are not so very an individual response to the oppor­ becoming a nun. different from those of their male tunities each student saw for herself at Miriam E. Wolff '39 felt less limited peers: evident aptitude, intellectual the time. ToJosephine Welch Wood '20, in her options - Egyptology had its drive, supportive parents, and avoid­ for example, law school seemed like "a attractions - when she designated ance of less appealing career alter­ natural thing to do. I never thought of Pre-Legal as her undergraduate major. natives. law school as a way to become a law­ Thoughatfirst unsure whetherit would What was, of course, different for the yer," she explains. "To me, it was partof be her final choice, she found that her women was the degree of social accep­ my general education to do what I interest increased in direct proportion tance and support for their aspirations. wanted to do in the world, and that was to accusations that she would not finish Josephine Wood remembers the state­ to follow in the footsteps of [social law school. "I really gotkind of burned," mentofa Stanford University president reformer] Jane Addams." Wood she recalls. (Lawyers probably have a (at a dormitory gathering in the teens) remembers her mother telling her that genetic predisposition to take the that he preferred the Stanford woman legal studies would "help me deal with opposite of whatever position is being to be "a cricket on the hearth." In such the realities of getting things done." urged on them.) times it took a special kind of person to The importance of having a profes­ Others in our survey "always knew" join, as Wood did, a law school registra­ sion had been impressed on Gloria they would go to law school. "I do not tion line in which she was the only Midgley Beutler'44 from an early age. remember when I was not going to be a woman. "My mother, who had been widowed lawyer or writer," says Elizabeth Ro­ One ubiquitous remark seems to when I was nine years old, emphasized senfield. Her attorney father consid­ have launched many a career: "Why go strongly the need for women to be self­ ered law "the finest of professions and to law school-why don't you just set­ supporting, as she had had no profes­ an intellectual pursuit," she adds, tie down and have children?" sion except through marriage." recalling a mountain trip where he took Avis Winton Walton'45 was finishing a new edition of Blackstone along as up her third year as a Stanford under­ vacation reading. Another attraction of School Days graduate when "some fellows I knew at law school was that she wanted "to do Stanford Law School told me they something difficult." Was the experience of law school dif­ needed students. I mentioned this to Christine Murdoch Goble '25 also ferent for women and men? "Abso­ mymother, who was excited. It was her mentions her father-a lawyer unable lutely," replies Avis Walton, while Rho-

6 Stanford Lawyer Fall 1986 da Lewis says, "No." Theiranswers are recalls that some professors seemedto that only one of three would return. not so much contradictory as they are enjoy humiliating women - but then, Predictably, she resolved to be - and reflective of what was in fact a mixed she adds, they seemed to enjoy humili­ was - among that one-third.) picture. A few professors were seen as atingthemalestudents, as well. (Other In general, our respondents seemed outspokenly discriminator~ But most evidence of a "paper chase" atmos­ to have expected not to be treated members of the faculty - and the pre­ phere was cited by Frances Sheldon "differently" from male studentsand for ponderance of fellow students - were Bower '24, who remembers a profes­ the mostpart did not perceive that they not. Furthermore (as noted above) it sor's pointing out to a first-year class were. Whatever discrimination they was notin the nature ofthese might have felt was put in the pioneering women to be category of facts of life to be intimidated by derogatory dealt with like anything else. remarks or even to be Since the facts of life during supersensitive to them. this period consisted of the Miriam Wolff recalls: endofWorld War I, the Great "Some of the discrimination Depression, and World War didn't filter down to me. I II, being singled out to recite took jokingly some remarks rape cases must have that were probably serious, seemed of comparatively for example, that women are little consequence. only here to catch a hus­ Our respondents, on bal­ band." She describes law ance, describe law school as a school as "closely knit, positive experience - even a friendly, supportive." high point - of their lives. Mary Mulcahy recalls the "My Stanford days were following: ''At the very start, happy ones, and in law school I several of the professors think I was totally accepted," announced that they did not says Christine Goble, who approve of women taking attended in the mid-1920s. law, but could not prevent it; She sensed a certain awk­ however, they would be wardness among the men in rough on the women." More criminallaw classes ("because than one of our respondents of the language") but in other remembers Professor Os­ respects remembers no borne's saying, "A woman problems. should do what her husband Nora Bower of the mid­ tells herto do. "Yet, he is also 1930s remembers being the fondly remembered by sev­ only woman in her class but eral alumnae for the gen­ not feeling "anything par­ erous encouragement and ticular about that." Bower praise he gave for work well acknowledges that the kind­ done. ness of her classmates Criminal law classes seem enabled her to pass her first to have generated the most year of law school. When an differential treatment. Pro- appendicitis attack took her fessor Vernier apparently out of school during the sec­ made a practice of calling on "I've aright to think," ond quarter, James Boccardo the women students when '34 gave her his notes, and discussing rape and other said Alice sharply. others provided rides. She sexual cases. The women adds that Stanford law men turned this to their advan­ "Just about as much right," were "broader minded" than tage, reports Mulcahy, by most males she met in her "always beingwell prepared" work - an observation fre­ (leading, in her case, to an said the Duchess, quently expressed by our invitation to help Vernier respondents. with a book). Mulcahy also "as pigs have to fly." The School was, of course,

Fall 1986 Stanford Lawyer 7 THE VENTURESOME WOMEN OF STANFORD LAW

relatively small in Professor Brennermade me Secretary of The war years of the 1940s provided. those early years the Committee ofBarExaminers. Other only the illusion of change, according to and even smaller than preparation of examination ques­ our respondents. Gloria Beutler puring the war tions the work was not really in the legal reports: "During the time of World War years at the end field. Butas I had never before earned a II, when we were in law school, we f our survey penny, I was happy. were encouraged (or should I say, not riod. By 1943, Finally, in 1932, I faced up to the fact completely discouraged) in our ambi­ rollment had that this was a dead end. While on a visit tions. After the war's end, the reversal plunged to thirty­ to my sister, who then was living in was very destructive and led to a O'/~ students, for Buffalo, N. Y:, I made arrangements to degree of bitterness." Lois Betzen­ nom there were work in a law firm there. .. derfer, graduating in 1945, also found a seven, ' b essors. Lois Betzenderfer Lewis went on to build a fascinating "huge amount" of discrimination. remembers Professor Owens lecturing career, eventually returning to Hawaii, "Women," she explains, "were being with his usual formality to a class with where she played a key role in imple­ fired from so many firms to make room only two students, one of whom was menting statehood and ultimately for men." Avis Walton, another 1945 asleep! Such intimate, if not informal, becameanassociatejusticeonthe state graduate, mentions that even women circumstances increased the likelihood supreme court. secretaries seemed to have a certain of women students being treated as For some other women graduates of resistance to dealing with a woman individuals. that era, however, the barriers were lawyer. Whatever problems the women may just too high. "Women were not Despite such obstacles, all twelve of have encounteredin schoolas a resultof accepted," wrote an alumna from the the women we heard from managed to their sex were,' however, eclipsed by same decade. "Law firms would accept practice law or use their law school those they met later. Writes Rhoda a woman as a stenographer and her education in some wa~ * Three, in­ Lewis: "In law school, I was treated so knowledge of law was a bonus, but not cluding Rhoda Lewis, became well, that the obstacles I encountered to the extent that she could actually judges. Miriam Wolff, who first dis­ upon graduation came as a shock." practicelaw. Forexample, I applied for a tinguished herself in the field of mari­ position in an excellent law firm at the time law, has just retired after eleven An Unwelcoming World same time as a man, graduating the years on the same year as I did from Santa Clara. He bench of the It was a severe blow to our women was accepted -I was not- and I felt Santa Clara graduates to discover how profoundly that my qualifications were as good as County Munici­ reluctantthelegal establishmentwas to his, perhaps even better." This same pal Court. And accept them as lawyers. Consider, for graduate also reveals that her husband Mary Conway example, the tale ofJustice Lewis: was "not all that keen about my practic­ Kohler '28 inglaw." served for sev­ Since I was a member ofthe Order of Looking back, she said: "There has enteen years as the Coif and first in the class, Dean always been regret that I did not fulfill a San Francisco Kirkwoodfelt he should help me. He sug­ my education. Here was I - a graduate Juvenile Court gested an interview with a woman lawyer of a fine law school, but not using my referee before in activepractice in San Francisco, butit education to the extent that it should moving to New turned out the lawyer he had in mind was have been used. It seemed as if I were York, where she a man with a feminine-sounding first up against a rock wall." was active in public service name. This came to nothing. Entry into the profession does not Memoriam section). I could have worked for a Santa Bar­ seem to have been much easier in the Severalofthe graduates enteredfull­ barafirm that stipulated that I would not 1930s. Judge Miriam Wolff and Nora time practice after first raising their be practicing law but merely seeing to it Bower both remember being turned children. Some went into other profes­ that the other lawyers met filing times, down by law firms on the grounds that sions: Josephine Wood, for example, etc. Naturally, I declined . .. "clients wouldn't like" dealing with a used her legal education to help her in I wrote to some ofthe leading lawfirms woman lawyer. Mary Mulcahy found the social work inspired by Jane in Honolulu, my hometown, but without employment as a stenographer and Addams, and in participating actively in success. bookkeeper for a large San Francisco politics; Elizabeth Rosenfield became The best offerI had wasfrom Professor firm. The problem, she said, was that an editor, and credits herlaw school edu­ Brenner, the law librarian andprofessor "it was impossible to convince any law cationwith trainingherto thinklogically in thatfield, who was leavingStanford to office that a woman could be profitably and analytically; Avis Walton practiced organize the State Bar of California. employed as a lawyer. " for a while, then added a teaching cre-

8 Stanford Lawyer Fall 1986 dential; Mary Mulcahy, finding herself unable to support herselfand her three children during the Depression as a lawyer, became an escrow officer, and in time was headofthe LandAcquisition Branch of the U.S. Bureau of Reclama­ tion in Sacramento. Otherwomen went into business with their husbands, using their legal training in that wa~ The respondents have also done a large amount ofpro bono work. Though many wish they had been able to go farther in thelegalprofession, none of our respondents expresses regret at having studied law. As one 1920s graduate said: "It was a wonder­ ful experience in itself."

Challenges and Choices

Professional acceptance for women as lawyers has, of course, changed dra­ matically in the decades since these women first approached the practice of law. The kind of up-front rejection they "No room! No room!" they confronted is largely a thing ofthe past. Another challenge they faced has, cried out when they saw Alice coming. however, a more modern sound: the difficulty of managing the competing demands of personal life and career. "There's plenty of room!" said We asked a nwnber of questions relat­ ing to the career/family dichotomy, and Alice indignantly. got almost as many different answers. A minority of our respondents chose not to marry at all- a "necessity," said but patently untrue - was representa­ than they were able to do. one, for hercareer. Interestingly, two of tive of the attitude of many of the What advice do our trailblazers have the three judges in our sample are in women responding. They had in their for young women entering the profes­ this group. own lives accomplished much, made sion today? Responses ran the full range The rest of our respondents did, many hard choices, and faced and from pessimism to optimism, i.e.: however, attempt to combine career responded with originality to formi­ - "Stop beating your head against and famil~ All found it possible, at least dable social obstacles. Yet all too often, the wall. You can'thave it all. You have to to some degree - in sequence if not their self-evaluation amounted to, "I decide what's important in life." simultaneousl~Two who felt compelled wish I had done more. " - "Don't expect perfection on all to puttheircareersonhold while raising In general, however, the responding fronts. ButthenI don'tthink young men children express mixed feelings about women recognized that the choices lawyers should try to do itlhave it all at the situation. "I gave up the law for they faced had been difficult and did not the expense of their families, either. many years for a personal life," says regret the ones they had made. Even You really need to find someone who is one. "Thatwas whatmygenerationwas among those who had not practiced full willing to form a marriage partnership." expected to do. However, I always felt time, there was not one who failed tO I - "Try for it all, both as a woman and a victim of the system." appreciate the relevance of her law a lawyer. Many have proven that it can I asked one ofthe graduates who had school education to the rest of her life. be done. Ifa womanwants marriage and managed to balance both career and What comes through, in many cases, is children along with her practice, she family how she did it. "Mediocrity," she a frustration that they were capable by should make every effort to fulfill her replied. Thatresponse - sincerelyfelt, education and inclination of much more dream."

Fall 1986 Stanford Lawyer 9 Footnotes

*A more formal survey of Stanford Law alumnae conducted in 1970 by Virginia Nordby '54 indicated that women grad­ uates of the School- then 130 in num­ ber- utilized their legal educations at very high rates. Of 90 respondents, The recent growth of opportunities some 66 percent were employed full "for women in law has been noted with time in the legal field, 12 percent part pleasure by the women graduates of time, and another 18 percent had been early years. One whose careerbridged at some time previously - for a total of this shift is Gloria Beutler'44. "When I 91 percent. was younger, societydisapproved ofmy goals and interests," she recalls. "As a The engravings and accompanying middle-aged woman, the world had quotations are, of course, from Lewis changed and made it possible for me to Carroll's Alice in Wonderland, as orig­ achieve a degree of self-approval and inally illustrated by Sir John Tenniel success at work I wish I could have had (1820-1914). at a younger age. " A thoughtful assessment of the cur­ rent situation was offered by Judge Miriam Wolff: "Discrimination still exists, althoughmore subtle and hidden than before," she said, citing the exam­ ple of certain influential clubs that remain closed to women. A prereq­ uisite for equal opportunity, she con­ tinued, is a "change of view of women's and men's roles in running the house­ hold" - an observation seconded by all those who spoke to the issue. At the same time, Judge Wolff pointed out, "Women have to reassess what they mean by equality of treatment. The bearing of children is a valid difference, and one that needs to be addressed." "Would you I found, along with such cautious realism, a profound appreciation for the tell me, please, progress so far made. One alumna said Leelane Ellis Hines has been a solo simply: "I am very proud of what practitioner in the Peninsula area since which way I ought women have attained in this field." And her graduation in 1959. Her specialty another: "My gratitude goes out to is criminal appeals. The experiences those such as Betty Friedan who have described by the women in this article are, to walk from here?" made that possible." The writer is too she says, very like those she remembers as modest. In fact, the Friedans of the one ofjustfive women in hergraduating "That depends a world might well be looking back at the class. She credits her mother with steer­ "trailblazers" with gratitude. For it is ing her towards aprofessional career. "I good deal on where the venturesome few of earlier genera­ don't think I would have been permitted tions who opened the doors of higher to go to secretarial school even ifI had " education and the professions for the wanted to!" she says. In talking to alumnaR you want to get to, great numbers of today's young offormer years, Hines felt "a great sense women, who can almost forget that the of honor-(J$ if I were contacting my said the Cat. doors were ever, anywhere, closed. D roots and discovering a lot to be proud of"

10 Stanford Lawyer Fall 1986 At ISSUE _

Overruled: Jury Neutrality in Capital Cases

McCree, and I lost. Needless to sa~ I the Court found lacking in 1968. He put bySAMUELR. GROSS am not a detached observer. It should on an extensive evidentiary hearing at ActingAssociate Professor ofLaw not be difficult, however, to separate which several expert witnesses testi­ my biases from the facts; all it takes is to fied about some fifteen surveys and point out what the Court did. experimental studies (mostly con­ The issue in Lockhartwas the consti­ ducted after Witherspoon), all of which tutionality of "death qualification," the support his position. This evidence ARD CASES, we were \. procedure by which strong opponents convinced both a federal district court taught, make bad law. of the death penalty are identified and and the Eighth Circuit Court of Appeals But why is this sup­ excluded from capital juries. McCree's (758 F. 2d 226 [1985]), but the Supreme posed to be so? The claim was simple: Underthe law ofmost Courtreversed, in a five-justice opinion answer I was given in states (including Arkansas, where written byJustice Rehnquist. law school runs something like this: If McCree was tried and convicted of At the outset, the Court finds "sev­ the case in which a precedent is set has murder), strongopponents of the death eral serious flaws" which undermine some unusual features that attract the penalty are excluded from the deter­ the social scientific evidence presented sympathy or excite the contempt of the mination of guilt as well as penalty in by McCree. This is a surprising discov­ court, it might tempt the judges to capital cases - even if they can be fair er~ At the time of Witherspoon, in 1968, announce a rule that would have bad and impartial and follow the law on the most lawyers and judges believed that implications in other more common issue of guilt or innocence in such a death qualification produced juries that contexts. You may not wish to let a loan case - on the ground that they could were uncommonly prone to convict, company foreclose a second mortgage not follow the law onpenalty. The result but the scientific evidence was thin­ taken out by the deceased alcoholic is a biased jury on the question ofguilt, only a few early studies. By 1985 the husband of a widow with three children, a jury that is more likely to convict evidence had changed entirel~ The butto createa rule to accommodate the (or convict of a higher degree of homi­ Eighth Circuit opinion points out that widow may wreak havoc elsewhere. cide) than an ordinary, fully represent­ "the record [in Lockhart] is exhaus­ I never found this argument entirely ative jur~ tive" - it includes not only the many persuasive. Some hard cases simply The claim in Lockhart was first pre­ studies that support McCree's claim, pose hard questions, and may produce sented to the Supreme Court in 1968 in but also detailed cross-examinations of good and useful changes in the law; Witherspoon v. Illinois (391 U.S. 510). McCree's experts and lengthy testi­ others point out the limits of the courts' In Witherspoon the Courtfound that the mony by witnesses for the state - and power, and may help direct people's evidence before it was "too tentative "there are no studies which contradict attention to other forums. The deter­ and fragmentary" to form the basis for a the studies submitted." In the Supreme minative issue, I think, is what makes constitutional decision, but that addi­ Court, the American Psychological the case hard - the worse the reason, tional evidence might demonstrate that Association filed a brief amicus curiae the worse the likely effect. The recent death qualification does in fact produce evaluatingthe social scientific evidence, Supreme Court case of Lockhart v. juries that are "less than neutral with and concluded that "without credible McCree (106 S.Ct. 1758 [1986]) is an respect to guilt." If so, a state that exception, the research studies show unfortunate example: Itwas a hard case wishes to use death-qualified juries to that death-qualified juries are prosecu­ for all the wrong reasons, and it made sentence capital defendants might have tionprone [and] unrepresentative," and terrible law. to take special steps to protect the that "the research clearly satisfies the At the outset, I should make my fairness ofthejurythatdetermines guilt criteria for evaluating the methodologi­ point of view clear. I argued the Lock­ or innocence - for example, use sepa­ cal soundness, reliability and utility of hart case in the· Supreme Court on rate juries for these two decisions. empirical research." But the Supreme behalf of the respondent, Mr. Ardia McCree produced the evidence that Court finds fault.

Fall 1986 Stanford Lawyer 11 The Court begins its discussion of the empirical record by observing that "McCree introduced into evidence some fifteen social science studies..."; five paragraphs later the Court con­ cludes thatit should not base its holding on the one "lone study" that it found worthy of consideration. I will mention only a few of the steps in the remark­ able winnowing process that happens in between: • Several of the studies show that jurors who are excluded by death quali­ fication differ greatly from those who remain, in their attitudes toward the criminal justice system- on questions such as whether a defendant who does not testify in his own defense is probably guilt~ The Court immediately dismisses these studies as "at best, only margi­ nally relevant" because they"dealt sole­ ly with generalized attitudes," and never considers them again. • Three of the remaining studies­ which show directly that death­ qualified jurors are more likely to vote to convict than those who are excluded - had been presented to the Supreme Courtin Witherspoon. There­ disposes themto believe thatthe defen­ sense - while the evidence in opposi­ fore, the Court says, "[I]t goes almost dantis guilt~ The Courtdisposes of this tion is non-existent. Instead, the without saying that if these studies study by pointing olit that"counsel for Supreme Court shops around to find were 'too tentative and fragmen­ McCree admitted at oral argument" some objection to each study, and hav­ tary'...in 1968, the same studies, that this problem "would not, standing ing found one, however tenuous, itrules unchanged but having aged some eigh­ alone, give rise to a constitutional viola­ that study out of bounds. tion." Needless to say, the effects ofthis teen years, are still insufficient." In But, the Court does not rest on its type of questioning do not occur (and fact, the studies had changed. The criticism of the evidence. It proceeds to were not litigated) "standing alone" ­ most important (by Professor Hans "assume for purposes of the opinion they are an inseparable aspect of the Zeisel) bore little resemblance in 1986 that the studies are ... valid and process of identifying and excluding to the fragment of a "confidential first adequate" to show that death-qualified death penalty opponents - but the draft" that was before the Court eigh­ juries are more prone to convict than Supreme Court, having made this teenyears earlier, and the recordon the ordinary juries, and holds "nonethe­ apparently irrelevant observation, acts methodology of all three studies (a less, that the Constitution does not as if it has one less study to think about. specific complaint in Witherspoon) was prohibit the States from 'death-quali­ vastly more informative. But more The most striking thing about the fying' juries in capital cases." In other important, the fact that these studies Supreme Court's method of treating words, a state may use special juries to were insufficient to prove a claim by the social scientific studies on death pass on guilt in capital cases only, themselves hardly means that they can qualification is what the Court does not despite the fact that this procedure is be written off and ignored entirely do. The Court never even attempts to not necessary to a fair trial (since those when they are presented together with weigh all the evidence collectively, and who are excluded would be fair and other evidence - which is exactly what reacha decisionontheunderlyingfacts. impartial on that issue), and despite the the Supreme Court does. On this claim, that would have been fact that this practice makes it easier to • One of McCree's studies shows that easy: the evidence in supportis uncom­ obtain convictions. the process of questioning jurors about monly strong- and it is supported by This holding is at odds with a strong their death penalty attitudes pre- ancedotal wisdom and common constitutional and humanistic policy

12 Stanford Lawyer Fall 1986 that defendants who might be sen­ results from mere chance." I have diffi­ unattractive manner in which it would tenced to death are entitled, if any­ culty believing that the Court really play out: Many defendants would be thing, to greater constitutional means this. All-white juries can occur executed after a determination by the p t~ tions than oth r criminal d fen .. by:h nc ;do s thatn'1?k th c;.on~f.. ·-up ~1 Court th~ t Jl:Y W r - n.. dants, and certainly to nothing less. As tutional if they "result from a State­ victed by an unconstitutional and unfair a result, the Court has some difficulty ordained process"? And what is the procedure, simply because they had explaining its decision, and thejustifica­ reach of this test? Residential segrega­ been tried before some arbitrary date. tions it produces are perhaps even tion could occur by chance; so could an Assuming that these consequences more disturbing than its statements on all-male workforce. Doesthatmake the made the decision inevitable, the Court thefactual record. Again, Iwill give only arguments against them illogical and had a choice: deny the facts, or a couple of examples: impractical when it is proven that announce an untenable rule of law. But why do both? The Court could have • The Eighth Circuit concluded that chance had nothing to do with it? death qualification violated McCree's The root problem with the Court's held, as a matter of law, that the biasing Sixth Amendment right to a represen­ opinion in Lockhart is that on the effects of death qualification are imma­ eas~ terial, without taking on the task of tative jur~ The Supreme Court holds merits, the case was all too The that this right does not apply to exclu­ legal claim seems unanswerable - that contradictingabodyof proofthatno one seriously doubts. But that would have sions that take place in the process of a statemay not constitutionally devise a made their legal argument sound cal­ selecting a particular trial jury, citing procedure that makes it easier for a lous: "You may have proven that your previous cases that held that a defen­ prosecutor to get a conviction in a jury was biased toward conviction, but dant is entitled only to a fair cross­ capital case than in a drunk driving section of the community in the pool trial- and the factual record is exten­ it doesn't matter, not even if you are from which his jury is drawn, not on his sive and one-sided. It would also have executed as a result." On the other individual jury panel. The principle the been quite easy to implement a holding hand, the Courtcould have held that the evidence is still insufficient, without Court cites is sound - it is impossible against death qualification in future adding a tortuous legal holding - but to achieve representativeness on every cases; as the Eighth Circuit pointed twelve-person jury - but irrelevant. out, this can be done simply and cheaply that would have posed even greater difficulties. Such a decision would have McCree did not ask the State to do by empanelling a sufficient number of anything to achieve representation on alternate jurors at the outset of the trial rested on a single shaky leg: on an his jury; he asked that it stop sys­ so that a death-qualified penalty jury empirical question where the scientific community is uncommonly single tematically excluding an entire class of could be selectedfrom the entire group jurors. Under Lockhart, the timing of of jurors, if a penalty decision becomes minded, the Supreme Court has little necessar~ such a pattern of exclusion becomes What made Lockhart hard credibility to assert the opposite. inexplicably important: a defendant was not anything about this individual Worse, a holding based solely on the insufficiency ofthe evidence would have would have a good Sixth Amendment case or the issue it raised or the rule it claim if a clerk excused all Roman ought to have created; it was the been an invitation for future litigation Catholics from appearing for jury duty, implications ofthatrule for pastcases ­ based on additional studies and even fuller records, and the last thing the but not if the judge in each case did so a point emphasized at length by the in voir dire. Arkansas Attorney General, and by Court wanted was to face this claim thirty-two states as amici curiae. agaIn. • McCree argued that because death In theory, the Lockhart case could The opinion the Court wrote closes qualification increases the likelihood of have had an enormous impact. If offall future argument. Itsays, in effect, conviction, it undermines the impar­ McCree had won, and if the ruling had "We don't think you ever proved that tiality of the jur~ The Court finds this been made retroactive, hundreds of death qualification biases juries, but no argument "both illogical and hopelessly prisoners on death rows, and thou­ matter, don't bother trying again impractical" because "McCree admits sands of others who were convicted by because it won't make any difference if thatexactly the same twelve individuals death-qualified juries but not sen­ you succeed." It is a complete solution [who convicted him] could have ended tenced to death, would have had their to the problems that made this case up on his jury through the 'luck of the convictions vacated; they would have to hard, but it is very bad law indeed. D draw,' without in any way violating the be re-tried or released. Clearly, this constitutional guarantee of impartialit~ was an unacceptable consequence. Samuel R. Gross has worked since ... [I]t is hard for us to understand the But why not rule for McCree and 1980 as a cooperating attorney with the logic of the argument that a givenjuryis make the holding non-retroactive? This NMCP Legal Defense and Educational unconstitutionally partial when it possibility was raised by the Court at Fund, and has litigated the constitution­ results in a State-ordained process, yet oral argument, and seemed plausible, ality ofdeath qualification in a series of impartial when exactly the same jury but I think the Justices balked at the cases starting in 1979.

Fall 1986 Stanford Lawyer 13 At ISSUE _

The U.S. and the World Court: Facing the Facts

have also become party to the Optional tothe Court'sjurisdictionin any conten­ by MICHAEL]. DANAHER '80 Protocol to that Convention, thereby tious case." This, of course, is wrong. agreeing to accept the Court's jurisdic­ The U.S. by special agreement and by tion over disputes arising out of the treaty has accepted the Court's juris­ interpretationorapplication ofthe Con­ diction over countless categories of vention. The U.S. is party to over 75 cases and continues to do so. NITED STATES accept­ treaties and international agreements The lawyer for Nicaragua also called ance of the compulsory giving the Court jurisdiction over spe­ the U.S. action "a serious break with jurisdiction of the Court cific categories of cases. our traditional commitment to the rule of Justice ended on April Finally, a state may file a declaration of law. " This too is wrong. By terminat­ 6, 1986. In the last issue with the United Nations recognizing as ing its declaration, the U.S. simply of Stanford Lawyer this was criticized­ compulsory the Court's jurisdiction joined the majority of states - over 70 by a lawyer who represented Nica­ over all cases that might be brought. percent of United Nations members­ ragua in its case with the U.S. -as a The declarant state may, however, that choose not to accept the Court's break with America's commitment to exclude certain categories of cases by compulsory jurisdiction. the rule of law. 1 making reservations to its declaration. Now, some theory: I have twice helped represent the Jurisdiction conferred by declaration is The issue is not, "Are we for or U.S. before the World Court: in the called "compulsory jurisdiction." In against international law?" but rather, case brought by Nicaragua (Case Con­ fact, suchjurisdiction is no less consen­ "How should international disputes be cerning Military and Paramilitary sual and no more compulsorythanjuris­ resolved?" States deal with interna­ Activities In and Against Nicaragua) diction conferred by special agreement tional disputes in many ways, including and in the maritime boundary dispute or by treaty: negotiation, neglect, retaliation and, with Canada (Case Concerning the Only a minority of states have very rarely, litigation. The World Court Delimitation ofthe Maritime Boundary declarations in force accepting the has decided less than fifty cases since it in the GulfofMaine Area). I believe the Court's compulsory jurisdiction, and began its work in 1946. The scarcity of U.S. was wise to terminate its accep­ many of these are subject to significant cases should be no surprise. On the tance of the Court's compulsory juris­ reservations. The declarant states contrary, it is extraordinary for any diction. I also believe the issue requires include only 42 of the 154 member stateto submitan issue ofgreatnational honest analysis rather than political states of the United Nations, only 1 of significance to the decision of a group of rhetoric. the 5 permanent members of the 15 foreigners, some of whom are from First, the facts. Security Council (the United King­ hostile states. Jurisdiction over a case is conferred dom), and only 6 of the 15 states whose Byacceptingthe Court's compulsory on the Court only by the consent of the nationals now sit on the Court. None of jurisdiction, a declarant state not only states involved. States may consent by the Soviet Bloc states has ever accepts the possibility that important "special agreement" to submit a speci­ accepted the Court's jurisdiction by disputes may be decided by the Court, fic case to the Court. The U.S. did this declaration or, to my knowledge, by but also concedes to other states the with Canadain the Gulf ofMaine case and special agreement or by treaty: decision whetherto submit a dispute to has recentlyagreedwith Italy to submit In 1946 the United States filed a litigation. Why would any state agree to an expropriation dispute to the Court. declaration accepting the Court's com­ be defendant in any future case another States also may consent by treaty to pulsoryjurisdiction. Itwas this declara­ state might bring, and before a court give the Court jurisdiction over a cate­ tion that the U.S. terminated, effective whose future composition is unknown? gory of potential disputes. For exam­ in April of this year. The lawyer for Why concede to other states the deci­ ple, some of the parties to the Vienna Nicaragua called this termination a sion whether to li~igate a dispute and Convention on Diplomatic Relations "blanketwithdrawal ofU.S. submission when? The reasons are complex and

14 Stanford Lawyer Fall 1986 vary from state to state, but two factors tile to the U. S. and many of which have tially with politically controversial are especially important: reciprocity different concepts of international law cases. Certainly no case has beenmore and the expectation of fairness. and different traditions ofjudicialimpar- politically charged than Nicaragua v. Reciprocity is the foundation ofinter- tialit~ Equally important, most of the U.S., which concerned U.S. activities national law. A state agrees to restrict judges come from states that have not in Central America, including support itself in order to obtain the agreement acceptedthe Court'sjurisdiction. Many of the Contras. (By comparison, the ofotherstates to restrict themselves in of these judges have no vested interest Iran hostages case was uncontrover­ the same manner. A state accepts the in maintaining a tradition of strictimpar- sial- the sanctity of embassies was Court's compulsory jurisdiction and tiality because their states are unlikely important not only to every state exposes itself to litigation in order that to appear before the Court. represented on the Court but also to it,inturn,maybringotherstatesbefore In retrospect, the U.S. was naive the judges personally, 14 of whom had the Court. Indeed, at the time of its ever to expect the Court to deal impar- served abroad in their countries'

declaration, the U.S. hoped that all STEVE REOUTT foreign missions.) states eventually ~o~ld. a~cept the The U.S. argued that the Court had Court's compulsoryJunsdlctlon. j- no jurisdiction over the Nicaragua The Court's Statute requires claim. On the key issue, the Court held reciprocity: only a state that has filed a 11 to 5 that the U.S. declaration did declaration accepting the compulsory establish a basis of jurisdiction. jurisdiction of the Court may invoke the Scholars have been debating whether declaration of another state. But the that decision is oris not "preposterous" reciprocity ofcompulsoryjurisdictionis or "hopelessly biased."2 In my own, more theoretical than real. On one admittedly biased, view, many aspects hand, the U.S. as declarant was of the Court's decision on jurisdiction exposed to suit by other declarants, could not have beenarrived at honestl~ including Soviet Bloc proxies, and to I invite anyone concerned about the any "hit and run" declarants who might Court's role in internationallaw to study file a declarationand a suitthe same da~ the majority and dissenting opinions in On the other hand, the U.S. could not the jurisdictional phase of the case. 3 I bring suit against most of the world's think you will find the majority opinion nations oragainstanySovietBloc state. disquieting. Moreover, invoking compulsory Other aspects of the case are also jurisdiction against another state is disturbing. For example, the Court unlikely to help the U.S. resolve a denied EI Salvador's motion to inter­ particular dispute: World Court litiga­ vene, without a hearing and without a tion has successfully resolved disputes written opinion, both of which are brought to the Court by agreement of required by the Court's Statute and the parties, but generally has not rules. 4 And in deciding the merits ofthe helped resolve disputes where the case (as Judge Schwebel's dissenting defendant state has been brought opinion documents exhaustively), the before the Court against its will. In Court systematically ignored all evi­ short, accepting the Court's com­ dence contrary to the Nicaraguan posi­ pulsoryjurisdictiongreatlycompromises tion - including even documents put a state's ability to control the handling of into evidence byNicaragua, admissions potential disputes but does not confer by Nicaraguan officials, and the testi­ significant reciprocal advantages. mony of Nicaragua's star witness. Declarant states also accept com­ Although the U.S. realized late that pulsory jurisdiction with the expecta­ the Court's judgments in highly pol­ tion that the Court will observe strict iticized cases may be based on politics standards ofjustice and fairness. Is this rather than law, the French lost their expectation realistic? The Court is illusions long ago. In 1975 Australia and elected by a General Assembly and a New Zealand requested the Court to Security Council that consistently orderFrance to stop its nuclear tests in oppose U.S. interests on ideological the Pacific. The claimants sought to grounds. The judges come from base jurisdiction in part on the French various states, some of which are hos- (Continued on page 81)

Fall 1986 Stanford Lawyer 15 IGOROUS couple of days" was how Board of Visitors Chair I\William A. Norris '54 charac­ terized the twenty-eighth annual meeting of the Board of Visitors, April 17-18, 1986. df It began Thursday morning with a well- attended tour of the of­ fices of the East Palo Alto Com­ SI RS munity LawProj­ ect, the legal services and education center founded by Stanford Law stu­ Student organizations were the fo­ dents. cus both of lunch-which the Visitors Norris formally welcomed the Visi­ spent in small-group discussions in the tors at the traditional opening lunch­ offices of various organizations-and eon. Remembering the beginnings of of the subsequent classroom presen­ the Board in 1958, when he was its tation: a panel discussion chaired by youngest member, he said: "I was Assistant Dean Margo D. Smith '76. skeptical as to whether alumni and The organizations described were friends coming together once -a year Stanford Law Review (represented by could make any difference." He has the incoming and outgoing presidents, been pleasantly surprised. "I think Ivan Fong '87 and Peter Blanck '86, Stanford Law School has benefited," respectively), Journal ofInternational he said, adding that, "There is almost Law (Laura Hills '86), Environmental no subject relating to the Law School Law Society (Eric Christensen '87), that is out of bounds." Moot Court (Hardy Callcott '86 and Dean Ely then briefed the Visitors Frank McGuire '86), and Stanford Law on the current "State of the School" and Technology Association (Michael (see pp.18-).Innovative approachesto Sears '87). legal education were the subject of the At the Advisory and Summary ses­ afternoon program, which sparked sion that followed, several Visitors much interest and discussion (pp. 20 -). spoke enthusiastically about their in­ Paul Brest, the School's Kenneth and teractions with students and of how Harle Montgomery Professor of Clini­ important they thought Visitor-stu­ cal Legal Education, chaired the ses­ dent contact to be. Most of the session sion. The Visitors then adjourned for was, however, spent in further discus­ cocktails and dinner at the elegant sion of subjects raised in the panels on Meyer-Buck estate. innovative teaching approaches and on The next morning, after breakfast placement. (These discussions are re­ in the Faculty Lounge, the Visitors ported with the accounts of those panels explored issues related to the place­ beginning on pp. 20 and 24.) ment process with a six-speaker panel "The state of Stanford Law School chaired by Dean Ely (pp. 24 -). is very, very good indeed," declared

16 Stanford Lawyer Fall 1986 "If one wants not only to dream but also to build, there is no better spot than Stanford." -PROF. MANN

Judge Norris, as he concluded the Dean Ely. "A good test of an associate formal agenda. "John Ely and his dean is whether, when you leave town, administration and staff are to be you trust him to act with good judg­ congratulated." ment and fidelity to the programs you The Board adjourned in time to at­ have set forth. The answer in Keith's tend a very special event-the 1986 case is, Yes!" Herman Phleger Lecture, featuring The Dean then presented Mann with former U.S. Attorney General Nicho­ a baseball cap emblazoned with the las deB. Katzenbach (p. 47). Katzen­ Stanford Law School crest-a some­ bach, who has also been a U.S. Under what eccentric Ely tradition signifying Secretary of State and IBM Senior respect and fondness for the recipient. Vice-President for Law and External Professor Mann's eloquent reponse Relations, spoke on "The Impact of provided a fitting finale to the Board's Television on the Political Process." annual meeting: "I believe these years, He and several members of the Phle­ capped by the Ely era, have been ex­ ger family joined the Visitors at the traordinary ones in the history of the Board's farewell banquet that night. School itself and of the University of Dean Ely, in his after-dinner re­ which it is such an integral part. If one marks, paid tribute to Katzenbach, for wants not only to dream but also to his thoughtful address, Judge Norris, build, there is no betterspot than Stan­ for chairing this most successful Board ford. How lucky Virginia and Keith of Visitors meeting, and Board mem­ Mann are to have found such a place! ber George Sears '52, for heading up It is one of its special glories for us that the Law Fund "the year we broke $1 in the years to come we will be able to million" (seeAnnualReport). join so many of you in working toward Also honored that evening was Pro­ its bright future." D fessor J. Keith Mann, for many years Associate Dean for Academic Mfairs and twice Acting Dean of the School. "There is no one who has had more to do with the development of excellence at this school than Keith Mann," said

Fall 1986 Stanford Lawyer 17 Qo~of-ViM~ he state of the School continues ahead in terms of where the faculty is STATE OF THE to be a matter for celebration," now as opposed to a year ago." Inde­ SCHOOL, 1986 Tsaid Dean Ely. "In fact, there's pendent measures of scholarly output probably no place betterto go to school indicate that Stanford Law faculty or to teach." members are among the most produc­ Changes in the past year include the tive in the country. At the same time, loss of one faculty member (Tom Jack­ said Ely, "we care seriously about son, to Harvard) and the gain of two teaching." Furthermore, the School other "very exciting" people: Chuck maintains with preternatural harmony Lawrence, an expert in race relations a "broad ideological spectrum." who was on the tenured faculty at the Though the representation of women John Hart Ely University of San Francisco; and Buzz on the faculty is not, he continued, "as Richard E. LangProfessor ofLaw Thompson '76, late of O'Melveny & high as we would like," it nonetheless and Dean Myers, where he gained considerable compares well to that of other law practical experience in business litiga­ schools. There are two women full tion. (Seepp.36-).Elywas also pleased professors (Barbara Babcock and Deb­ to report the return to teaching ofJohn orah Rhode), one on tenure track, and Barton, an expert in international law two visitors. Said Ely: "We continue to and in law and technology, who has look." been on leave the last two years. A larger change can, he reported, "Overall," said the Dean, "we're be seenin the representation ofminor­ ities-now 11 percent. Just four years ago, the School had a single tenured minority faculty member-Bill Gould. He has since been joined by Miguel Mendez and Jerry Lopez, both now full professors, and most recently by Lawrence. Turning to the subject of students, Ely reported that the School continues to look for people with "post-college experience." Inevitably, these stu­ dents will also be a little older. Though generally salutary in its effect, this admissions policy has put a strain on the School's scholarship resources. Contributing to the strain is our new policy-unusual among law schools­ of allowing students to claim "inde­ pendence" if they have not been sup­ ported by their parents for four or more years. The net effect, he explained, has been a jump in our scholarship budget of some 40 percent. This has forced the School to modify its policy on independence to a degree, so that "independent" students with well-to­ do parents get half their aid in loans rather than scholarships. However, such students are still financially better off at Stanford than at most other law schools. Admitting older students has also, as noted in previous years, increased the proportion of women-now 44

18 Stanford Lawyer Fall 1986 percent, which is down somewhat from the 49 percent quoted last year but still roughly 10 percent higher than our law school counterparts. Minority admissions, Ely was happy to report, are markedly up-from 28 students in the 1984 entering class to 40 in 1985. The 40 (our current first­ year students) include 16 blacks, 17 Hispanics, and 7 Native Americans. In regard to the School's administra­ tion, the Dean noted a number of changes in staff: Elizabeth Lucchesi's "The state of the promotion to Director of the Law Fund, School continues newcomer Susan Huch's arrival as Di­ rector of Alumnilae Relations, and John to be a matter Gilliland's appointment ·as Associate Dean for Development and Alumnilae for celebration. " Relations (see p.38). Ely expressed -DEAN ELY "great appreciation" for the contri­ butions of Gilliland's predecessor, Barbara Dray '72, who has been se­ lected to serve as Associate Director faculty housing costs (a pressing need of Planned Giving for the University's in the local real estate market). And Development Office. Dick Mallery '63 has laid the basis for The Law Fund, as has been an­ an endowed professorship by taking nounced, topped the $1 million mark in out a $l-million life insurance policy calendar 1985-"a symbolic threshold with the School as sole beneficiary. that we hope leads to further growth," (The premiums, which are being paid said the Dean. An effort is now being on an accellerated seven-year sched­ renewed, by Ely and the deans of sev­ ule, qualify as a tax-deductible charita­ eral other law schools, to persuade ble gift.) more law firms to institute matching Other gifts mentioned were: a fund programs for their associates and $100,000/year scholarship fund do­ partners. nated by banker S. K. Vee of Hong Kong in honor of Stanford Medical School Total giving, including the Law Fund graduate Collin H. Dong, M.D.; be­ and all other gifts, came in 1985 to a quests from the estates of Elaine Sweet gratifying $3.3 million in major gifts and Lilian Nichols (p. 40); and a planned and another $2.5 million in pledges and Mark Taper Law Student Center to other forms of deferred giving (see provide needed fitness and meeting Annual Report). Ely gave particular facilities adjacent to Crothers Hall thanks to the donors of seven new, (p.39). endowed scholarship funds: Mort After reviewing the School's major Friedman '56, Carla and Rod Hills '55, fund-raising priorities-programs in law the Anheuser-Busch Foundation, and and technology, alternative methods of the Classes of 1953, 1955, 1959, and dispute resolution, and clinical legal 1960. Each of these classes has pledged education as seen at the East Palo Alto to raise $185,000 for a "silver anniver­ Community Law Project-Dean Ely sary fund" commemorating 25 years said simply, "Welcome. I'm glad you're from graduation. The Class of 1955 here."D fund will be in honor of Prof. Keith Mann. Ely also mentioned two "innovative" gifts. Bill Saunders '48 and his wife, Trudy, have donated stock to help with

Fall 1986 Stanford Lawyer 19 ~o~ofV~~ he aim of much of the pedagog­ INNOVATIVE ical innovation taking place at APPROACHES T Stanford Law School," began Professor Brest, is "to integrate aca- TO LEGAL demic and clinical experience." The seven panelists will describe a number EDUCATION of such attempts in and out of the classroom. There is at Stanford, Brest ex­ plained, "constant experimentation with different modes." Some courses are The Panel largely in the field, while others are mixed academic and clinical offerings. • Also important, he said, are such stu­ Paul Brest, Chair dent-run "para-curricular" activities as Kenneth and Harle Montgomery Moot Court, Sarjeants-at-Law, Client Professor ofClinical Legal Education Counseling, and the East Palo Alto • Community Law Project. EPACLP­ Interactive Video Timothy Hallahan initiated by students who then per­ Technology Scholar-in-Residence suaded the faculty to provide guid­ ance-is, he said, "a particularly excit­ allahan, a visiting scholar from • ing development. " Harvard, is developing com­ William Simon H puterized video teaching meth­ Professor ofLaw ods and programs. At Stanford, he has • been collaborating with Professor Brest Miguel Mendez The Lawyering Process: and a number of students. In addition Professor ofLaw A First-Year Course he directs interactive video projects for the Center for Computer-Assisted • Legal Instruction, a consortium of 85 Jack H. Friedenthal ithin the formal curriculum Brestcontinued, acourse ha~ law schools, centeredat the University George E. Osborne Professor ofLaw of Minnesota. andAssociate Dean, AcademicAffairs Wbeen created on The Law­ yering Process, of which Professor The interactive-video approach, • Simon and he are the chief developers. Hallahan explained, combines video and Samuel R. Gross Taught as an elective in the second computer technology for individual­ ActingAssociate Professor ofLaw semester of first year, it is chosen by ized training. The learner (who does two-thirds of students. not need to know how to type) sets the • The course focuses on the legal sys­ pace and gets frequent and immediate Gerald P. Lopez feedback. Hallahan and his colleagues Professor ofLaw tem, issues in legal ethics, and legal sociology. Anumber of exercises, both are trying to make the programs simulated and clinical, are employed: "friendly as well as informative"-in interviewing, negotiation, mediation effect, a "game that becomes a lesson." planning, pre-trial discovery, and ~ The programs so far developed deal vignette of a hearing (testimony of an mainly with trial techniques. To dem­ expert witness). onstrate, Hallahan played a segment For many students, said Brest, on objections consisting of: a briefsub­ "there's an excitement in playing law­ stantive review; a courtroom enact­ yer." The main purpose of the course, ment; questions for the user on whether however, is "not to teach skills but to and what objections would be appro­ raise iss~es in the sociology of law, priate; and, in the event of a wrong legal ethICS, and the legal system answer, further explanations. generally. " . The ~echnique is, he said, "espe­ CIally SUIted for skills training, but also may be used for teaching substance." Training in skills, he pointed out, is usually very costly and labor inten-

20 Stanford Lawyer Fall 1986 week in a seminar, where Simon and Brest are soon to be joined by Profes­ sor Gerald Lopez. Supervision in the field is provided by practitioners. Stu­ dents are required to write on one of the cases they work on. About half the readings in the course, Simon said, are papers by past students. The faculty-led seminars, Simon ex­ plained, "provide discussions of ethical issues and strategic issues-ques­ tions that cut across cases." The main goal is "to equip students to reflect on practice." The advantage of an aca­ demic component, he pointed out, is that "students have a chance to stand sive-a one-to-one process. Most law back from what they are doing, not just schools can't afford to do much of it, so imitate the practitioner." The model is lawyers end up having to learn skills "to watch, and critically evaluate the under fire, with little or no supervision. way supervisors do it. " Interactive video programs, be­ The practicum component, on the cause they can deliver information up to other hand, ensures that classroom three times as fast as conventional discussion is "enriched by actual ex­ methods and at far less cost, may, said perience." Simon reports that he is Hallahan, be an "effective alternative. " "deluged by stories the students bring Besides, he added, "It's better for stu­ back-about what's going on in the dents to make learning errors on the courts, etc." machines than on their early clients." In sum: "Students love it. The law offices love it. I love it. "

Combined Field and Classroom Class Work Simulations

he idea of integrating classroom he use of clinical teaching tech­ work with field placements is not niques in the classroom is now Ta novel one, began Professor Twell advanced at Stanford, Pro­ Simon, and is in fact practiced in sev­ fessor Mendez noted. His course in eral other disciplines. What makes Advanced Evidence is taught almost Stanford's course in Poverty Law in­ exclusively in this manner. Invited upon novative is that its approach has been his arrival in 1977 to "experiment," little used in legal education. Mendez developed an intensive semi­ The history of the course at Stan­ nar that employs a number of role­ ford is, he continued, "coextensive with playing experiences simulating real­ that of the East Palo Alto Community world legal processes. Students play Law Project." The original course-a all roles-witness and juror as well as 1982 seminar led by Simon and Brest attorney - which, Mendez observed, -hadas its prime participants the stu­ "can be quite educational." dents interested in founding the Proj­ The course begins with three brief ect. Field placements were mainly in exercises dealing with direct and cross county legal aid offices. examination, the use of documentary As now taught, Poverty Law in­ evidence, and the handling of an expert cludes a minimum of 9 hours/week witness. practicing in local offices-primarily Then, says Mendez, "the real course the East Palo Alto Project-and3 hours/ begins." Four simulated trials-two

Fall 1986 Stanford Lawyer 21 INNOVATIVE APPROACHES continued

criminal and two civil-are staged, each denthal reports, the course substance lasting about 10 hours. The "jurors" and format is unchanged, and ends as are then debriefed on the reasons for usual with an exam. their decisions. And videotapes of the Of the new exercises, he said: "Stu­ trials are viewed and analyzed. dents enjoyed it. They learned Evi­ Mendez believes that after taking dence in a more interesting manner." the course, 95 percent of the students Added Gross: "This is not the way to will be able to try a case to a judge or teach people to be terrific trial attor­ jury. neys-but it does help teach them what • trial lawyers do. " Classroom simulations have been in- Other Stanford Law courses in which troduced on a more limited scale in simulation exercises have been used the basic Evidence course taught by "The aim of much of include Juvenile Law, Advanced Juve­ Associate Dean Friedenthal and Pro­ the pedagogical nile Law, Injunctions, Freedom of In­ fessor Gross. This effort, said Frie­ formation, Advanced Litigation, Real denthal, "grows out of a desire to in­ innovation...is Estate Transactions, and Advanced culcate elements of practice into Criminal Procedure. coursework." Such elements, how­ to integrate ever, need to be usable with large num­ academic and clinical bers of students, relatively economical Educating of the teacher's time, and briefenough experience." Laypersons to allow coverage of a large amount of -PROF. BREST other course matter. Friedenthal joined forces with Gross, "It is my ambition," Lopez said, "to who had been pioneering (in 12-stu­ try to take two ideas seriously: One, dent seminars) the use of simulations the notion of self-help and lay to teach the handling of expert wit­ lawyering-that people who are not nesses. The professors together wrote lawyers are capable of taking care of two exercises that could be added to their own and their friends' problems. the basic course in Evidence. These And two, the idea of lawyers serving were so well received that two more as teachers." exercises have been added for this year. It isn't enough for lawyers simply to The purpose of the exercises, Gross know more, he pointed out. "There explained, is "to put Evidence in a more are not enough lawyers to meet the realistic context." Theybegin with lec­ need. Poor people must become largely tures and demonstrations of basic responsible, or it just won't happen." courtroom procedures: direct exami­ His experimental workshop, Teach­ nation, cross examination, and the use ing Self-Help and Lay Lawyering, has, of documents. The students then en­ he explained, both an academic side act a series of short witness-examina­ and field side. A set of "pedagogical tion exercises before video cameras. exercises" and readings were devel­ The realism of the exercise is height­ oped for class use. Students are also ened by the fact that the witnesses expected to write reports and critique (also students in the class) testify about their fieldwork projects. experiences they have actually gone In choosing field placements, Lopez through, with all the variability and un­ sought local groups who already had an certainty that that entails. interest in developing peoples' self­ Followup includes student review of help and lay lawyering skills. Four were videotapes of the exercises, brief stu­ found: East Palo Alto Council of dent-written reports, classroom dis­ Tenants, The Foundry School, Comite cussion, and two classroom demon­ Latino, and the Immigrant Legal Re­ strations of the same procedures by source Center. experienced attorneys. Though par­ Lopez then introduced two students ticipation in the exercises is required, involved in experimentalfield projects. they are not graded. Otherwise, Frie- Vanessa Wendenburg '87, whose

22 Stanford Lawyer Fall 1986 placement is with the Immigrant Cen­ cognitive matter," he observed, "the ter, first described the use of street boundary between legal and other theater to teach people their Fourth professions-andbetween the profes­ and Fifth Amendment rights in police sions and what lay people do-is arti­ search-and-seizure incidents. She and ficial. One of the purposes of this course several classmates have developed a is to demystify the law. " series of three skits-showing a street Charles Munger agreed, saying: stop, a house visit, and a factory "Every fancy lawyer that deals with sweep-which demonstrate how and clients is always influencing them to do how not to behave. Mter the perfor­ mance, the students distribute infor­ mation sheets and summary cards in four languages. The skit approach, she says, "makes the principles we're trying to teach a living thing. " The second student, Mary Mc­ Comb '87, has been coleading (with Maria Kivel '87) a discussion group for adolescent girls at the FoundrySchool, a San Jose institution for juvenile of­ fenders. "These kids recognize that they have messed up in a major way and want to do something about it," said McComb. She and Kivel soon found, however, that the need for edu­ cation on legal issues per se was less critical than the development of coping and survival skills-such as avoiding pregnancy, drugs, and abusive situa­ or not to do something because it is Sarah K. Hofstadter '78 concurred, tions-that would help the girls stay betterlifemanship and notjustbecause likening it to "Miranda warnings­ out of legal trouble. "This project," it is advisable on some narrow, legal reading people their rights." McComb concluded, "has enlarged my grounds. That's law in the grand man­ Gregory Payne '78 applauded the concept of what a feminist lawyer would ner as it is practiced in the real world." use of new teaching technology, with be. Good representation may mean not one reservation: "As a member of the just legal advice, but also expanding a • small screengeneration, I hope we use client's options and helping her gain Members of the Board of Visitors had it with caution. Don't lose the interper­ more control over her life." much to add, during the Summary and sonal skills that we need to use with Advisory session the next day, to dis­ clients. It's still very much a one-to­ cussion of this panel and of legal edu­ one business." cation in general. Robert Johnson '64 inquired about Discussion Carlos Bea '58 said that he was "im­ the School's program in business law~ pressedwith the novel approaches" for "Our business curricum is quite rich," number of Board of Visitors teaching trial processes. However, he replied Ely. The first-year elective members, including California noted, learning about preparation is also course in Economics and Finance The­ A Attorney GeneralJohn Van de important, because "90 percent of cases ory provides the base, he noted, for a Kamp '59, questioned whether a proj­ are settled." number of second-third year courses. ect like McComb's-though certainly "It also struck me as odd," he said, Kristi Spence '81 wondered about praiseworthy-is appropriately part of "that students are going to East Palo the relationship between core curricu­ legal education or might instead be done Alto and telling possibly illegal aliens lum and electives: "How do they fit better by social workers and other how to avoid arrest and make things together? How much of the core cur­ professionals. more difficult for the INS. " riculum has survived?" Professor Lopez, while agreeing that Judge William Norris '54 defended "One hundred percent," replied Dean other professionals do indeed have this approach: "The premise is that Ely. "There's a whole lot more choice roles to play, noted that these may well every person is entitled to education around the edges," he concluded, "but overlap with those of lawyers. "As a concerning their rights under the law. " the core survives." D

Fall 1986 Stanford Lawyer 23 ~o~ofVJM~ he focus of discussion, Dean Ely that such fairs would cut down and PLACEMENT explained, would be two inter­ possibly replace term-time, on-cam­ ISS.UES: Testing but largely independent pus interviewing." issues having to do with student place­ Another idea that might be helpful, STRATEGIES ment. The first is "thejob-seekingpro­ he said, would be for law schools "to AND CHOICES cess and the extent to which it may set aside a period of approximately ten interfere with the educational pro­ days, probably in October, for student cess." And the second concerns "what flybacks, so as to minimize the disrup­ the School is doing to encourage stu­ tion such interruptions cause." dents to consider public interest or He then invited comment from the other alternative employment." panelists. The Panel • • "The very structure of the placement Dean Ely, Chair Job Seeking and the process perverts the educational pro­ cess," agreed Peggy Russell '84. • Educational Process "There's a swinging door in the class­ Peggy Russell '84 rooms. Students pop in and out for Public Advocates, Inc. here's no doubt, said the Dean, twenty-minute interviews." that the educational process is She feels that Stanford Law stu­ • "seriously affected" by students' dents become overly concerned with James C. Gaither '64 T job-hunting activities. "The whole tone status and salaries. "They don't come Cooley, Godward, Castro, is different in the Fall," he said. "First­ here that way, but get caught up in the Huddleson &Tatum year students encounter this just two stampede." Some are "very young," • months into law school. They get so­ she pointed out. "They are faced with Marc S. Rotenberg '87 cialized by all these people in suits." the possibility ofmaking $1000 a week, Stanford Public Interest Law And in second-third year courses, he staying at fancy hotels, and eating at Foundation reported, schoolday interviews and fancy restaurants. It distorts their flybacks are so disruptive of attend­ values." • ance that some faculty try to avoid Russell doubts whether the place­ Hon. William A. Norris '54 teaching courses they care about in the ment process is really effective in U. S. Court of Appeals, Ninth Circuit Fall term. The entire job-hunt pro­ matching students with cities, types of • cess, he said, "constitutes a psycho­ practice, and firms. The law firm ex­ Henry Wheeler '50 logical distraction from classwork. " periences of summer clerks may not Hutchins &Wheeler Ely recently served as chair of a be realistic, either, she said. "It is im­ Special Committee on Placement portant to tell students what it would formed by the Association of American be like to be an associate there." Law Schools (AALS). He pointed out Russell (who has since been named that for many schools-perhaps two­ Director of Public Interest Programs thirds-the most visible problem is for the School-see p. 32) ended with attracting employers to interview their a recommendation for more attention students. It is at the other-so-called to "values and ethics in legal practice." "elite"-schools that attention from potential employers begins to impinge • on classwork. Jim Gaither '64 noted that "the pendu- The AALS Special Committee sug­ lum has swung-there didn't used to gested that job fairs, held perhaps in be so much student interest in large the late summer, might address both corporate firms." And there's now "a kinds of problems. "Our thought," Ely lot of competition among firms for the said, "is that such fairs, gathering to­ very best students." gether numerous employers and stu­ Law schools need not let job-hunt dents from numerous schools, would activities be disruptive, he said. "It's induce employers to interview at least done to accommodate us, but I don't some students from law schools that think you really have to do it. " they do not currently visit." As for the Gaither would like to see the School "elite" schools, he said, "the hope is consider "arrangements that stop the

24 Stanford Lawyer Fall 1986 need for students to go in and out of "but if you do it, do it lock, stock, and classrooms"-for example, limiting barrel." When Columbia held a job fair, interviews to evenings or four-day it was in addition to fall/winter inter­ (Friday-Monday) weekends. He also views, he reported, and "students hung suggested that law schools shorten law firms out to dry." the duration of the job hunt process, Wheeler ended by endorsing the idea especially for second-year students. of Spring interviewing ("more grades "It's a tough problem," he con­ would be available for evaluation"), cluded, "but law firms can do much to shortening the overall interview sea­ minimize disruption. " son, and scheduling of interviews in the evening ("okay") or over long • weekends ("most useful from a travel Marc Rotenberg ('87), the current "There are standpoint"). president of the Stanford Public Inter­ market forces at work est Law Foundation (SPILF), recon­ DISCUSSION firmed the negative impact of job hunt­ here that schools "Why," asked Dave Loring '67, "has ing on the academic atmosphere of the the placement process changed so School. There seem, he said, to be can't do an much?" Replied Ely: "Firms are get­ three groups of students in any partic­ awful lot about. " ting a lot hungrier and more com­ ular class: "Ones without interviews petitive." on that day, who are preparedto partic­ -JUDGE NORRIS '54 John Larson '62 concurred, saying, ipate; next, those who are dressed for "It's a shortage situation-there aren't an interview, and not really prepared; and last-those who aren't in class because they are on flybacks. " Rotenberg suggests that interviews be moved to the spring, closer to the time when jobs actually occur, thus making the fall "uninterrupted school time." Efforts should also be made, he said, to "shorten the interview process." • Judge Norris '54 brought up judicial clerkship recruitment as another and complicating factor in the job hunt pic­ ture. The recent effort to persuade judges to delay acceptance of applica­ tions until July 1 of the students' sec­ ond law school year has, he reported, impact, not only in their careers but in enough of the best people to go around. been unsuccessful. "There are market the community." This creates enormous incentives for forces at work here that schools can't firms to do whatever they can to get do an awful lot about," he said. "It may • what they want. " His conclusion: be possible to reduce the level of dis­ Henry Wheeler '50, while acknowl­ "It's up to the law schools to set the ruption, but not eliminate it altogether." edging that the job hunt process is limits on interview times and so forth. More serious, said Norris, is the currently "not very good, " pointed out But you've got to get agreement­ question raised by Peggy Russell­ that "revolutionary changes may make firms need to be confident that all are that is: Whether the job-hunt process it worse." The summer associate pro­ complying. " is eroding values that students bring gram, for example, is "critically impor­ Bill Kroener '71 pointed out that the with them to Stanford. Student think­ tant" to his firm-both "as a recruiting major law schools like Stanford have ing may be influenced by the "enor­ tool and as a chance for us to get to "enormous market power. Firms that mous debt burden" that many have. know the associate and for them to want students from the top schools will But, he said, "Wherever they choose know us." do what the schools require. " to practice, lawyers with a setofvalues He was also skeptical about the job Ellen Corenswet '75 suggested that and a social conscience will have a good fair idea. "We don't like it," he said, schools limit the number of interviews

Fall 1986 Stanford Lawyer 25 PLACEMENT ISSUES continued

each student can have. She is also in tions from the job-hunt process: allow­ favor of substantial on-campus infor­ ing within-School job interviews to be mation programs. "We must," she said, scheduled only in the afternoon and "shorten the amount of time that em­ evenings. ployers are on campus and that offers are open." Sarah Hofstadter '78 noted that lim­ Exploring Public iting the number of interviews could be a problem "for people not at the top Service Options of the class"-or for those (such as married couples) "co-hunting with an­ his panel began with an overview other student." She thought, however, by Dean Ely of School programs that designating the week of Spring Tthat "introduce students to the vacation for interviews was worth possibilities of employment involving considering. public service." Most listeners, he The idea of limiting the interview said, areprobablyfamiliar withtheStan­ period did not, however, appeal to Lon ford Public Interest Law Foundation Allan. '68, who pointed out that small (SPILF), which gives grants for rele­ firms might have more difficulty "get­ vant summer work, and the Extern­ ting access to students." He recom­ ship program, which allows students mended a minimum of interference, to use one of their six academic terms saying, "The students are smart enough in a public interest or other work to work things out. " setting. Mal Furbush '49 questioned whether the School really needed to be so con­ cerned about disrupting the educa­ tional process. "Disruption is not ter­ rible," he said, citing the example of atWete-scholars. "It comes down bas­ ically to whether the studentis wasting his or her time-whetherthey are suf­ ficiently mature not to be affected by externalities." Henry Wheeler quoted an associate in his office as saying: "I went to law school to be a lawyer, and I rather resent faculty interference with my getting to know law firms. " Ron Noble '82 spoke in favor of summer clerkships at law firms: "We never believed that working was like summers, but it's important that we enjoy summers." He added that more information-such as how long recent clude an extensive library of printed To these longstanding programs, the graduates stay with their jobs-might materials, employer questionnaire re­ School has during the past four years be useful for students. sponses, accounts by recent gradu­ developed academic offerings involv­ Kristi Spence '81 agreed, saying: ates of their job experiences, individ­ ing the East Palo Alto Community Law "I'm appalled athow many of my class­ ual and panel presentations on jobs in Project, informational efforts such as mates have changed jobs or are drop­ various fields, counseling by faculty the annual public interest jobs confer­ ping out of law entirely. Perhaps we and placement staff, off-campus work ence (mentioned earlier), financial as­ need more counselors, similar to high experiences, and an annual public in­ sistance to students doing summer school and college counselors." terestjobs fair. public interest work, and debt relief "We certainly aspire to provide gen­ Ely closed this segment of the panel for graduates entering the public inter­ erous amounts of information and discussion by mentioning the School's est field. The two financial programs guidance, " replied Dean Ely. These in- newest effort to minimize class disrup- are, he noted, in response to student

26 Stanford Lawyer Fall 1986 claims that more would go into public mentioned by Ely, and the monthly job interest work ifnot precluded by pres­ postings in Public Interest Newsnotes. . ent and future financial obligations. The increased information is bound The Dean reported with some re­ to have a good effect, said Russell, gret, however, that the School's con­ "not only on students choosing public siderable efforts in this area have so interest work, but also on others who far had little apparent impact. Students become lawyers for corporations or and recent graduates have not been law firms, who will decide to devote taking full advantage of the Montgo­ some aspect of their careers to public mery Summer Loan Program or other interest orpro bono work. measures designed to encourage pub­ "The School," she concluded, "is lic interest work. And when it comes doing a very good job. " to employment, "our students gener­ "In 1981, when I ally act as if legal aid jobs were beneath started, there was no • their dignity. " Jim Gaither '64, speakingfrom the law- The School continues to search, he public interest law firm point of view, said he likes Ely's said, for ways "to remove or lower idea that students applying for public barriers-real or imagined-to their community at the interest jobs should be able to hold considering public interest employ­ School-afew isolated open only a single law-firm offer. ment." Effective this fall, for instance, On the broader issue, however, he employers interviewing at the School individuals. remains concerned. Alarge part of the are required to allow graduating stu­ problem may, he said, be "the heavy dents awaiting offers from public inter­ That has changed. " debt that we saddle students with dur­ est organizations to hold open one law­ -PEGGY RUSSELL '84 ing the undergraduate and graduate firm job offer until the spring. By this educational process. We can help, by and other measures, however, the increasing the amount of grant money School is "admittedlymessing with the available. We ought to try to address market," he said. that." "Are we steering people away from Gaither also noted that there is "a larger law firms?" Dean Ely asked. bit of educating to do" in the private "And, ifwe are, is that a bad thing? Or sector. "I have heard firm members on the contrary, is there more we can. advise students against public interest and should do to encourage students jobs because they might foreclose their to consider public interest work?" opportunities in the private sector. This gets said more in the interviewing pro­ NOTE: The School has, in the months cess than it ought to be." since this discussion took place, taken a number ofnew steps to increase student opportunities to explore career alterna­ • tives. See Dean Ely's September 17 Marc Rotenberg '87 expressed dismay memorandum to the students, printed that so few-only 2 to 3 percent-of in full on pp. 32-35. recent Stanford Law graduates ac­ tually enter public service careers. "I • know from Washington experience of Peggy Russell '84 praised the School's nonprofit organizations, with lawyers recent efforts. "In 1981, when I started, working late hours, for low salaries, there was no public interest law com­ with no support staff, but who get lots munity at the School-just a few iso­ of gratification from their work. And I lated individuals. That has changed," look forward to going back to that." she said. "Dean Ely and other mem­ But, he said, "Stanford is not really bers of the faculty are much more vocal represented there." about their public interest back­ Rotenberg doubts that Stanford stu­ grounds and talk about them to stu­ dents are apathetic. SPILF, he re­ dents." Also helpful, she said, were ported, signed up half of the student such placement office efforts as the body to devote 2 percent of their in­ annual Public Interest Careers Day come to the group. And one-third of

Fall 1986 Stanford Lawyer Z1 PLACEMENT ISSUES continued

current students are participating in is high. The question is financing. I the East Palo Alto Community Law applaud what Stanford Law School is Project. doing." His impression is that Stanford Law The East Palo Alto Community Law students start with "an expectation of Project is, he added, "the most excit­ some sort of public interest service­ ing enterprise that I have seen in my but it doesn't happen. Why?" Though professional life. It's not just a bunch of the debt burden may be a part of it, he rich kids trying to do good. And it's not doubts people are "that rational. " just dealing with legal rights. They're A more likely explanation, he feels, trying to meet the community's broader is the development in law school of "a needs. Thafs what moves the ball down sense that there are brass rings out the field." there, and that those brass rings don't "There's alot that exist in public interest careers-that lawyers can contribute DISCUSSION such careers don't offer an opportunity Dick Mallery '63 said that students to do the kind of really fine, topnotch to the community shouldn't feel that taking a public ser­ legal work that the law firms do." Stan­ vice job precludes joining a law firm. ford Law students are, he noted "very while working for His firm will hold a job open for an achievement-oriented." private law firms. applicant who wants first to spend one What law schools can do, Rotenberg or two years in public interest work. said, is to "enhance the prestige of It's not a dichotomy." "Students can take the initiative in public interest jobs," perhaps through -LON ALLAN '68 pushing that point, " he said. "They can fellowships and grants. "Students need do public interest service before they to develop a sense that these career head for the galley. " paths are valued. " Robert Johnson '64 agreed, saying, • "Students need to expose themselves Judge Norris '54 applauded the School's to their options. They may not be aware support of the East Palo Alto Commu­ that they have lateral choices later. " nity Law Project-"a positive way to Jim Gaither affirmed that "It really give students an awareness of public doesn't hurt you not to start out with a interest needs and work." firm." In fact, he said, "You can in most However, student motivation may cases get a higher level of responsibil­ not, he pointed out, be the whole is­ ity and training in the public sector." sue. "My impression is that there are Carol Petersen '66 was less san­ very few attractive public interestjobs guine about the transfer situation. Her out there, and they have the pick of experience, she reported, is that firm interested law students." Public inter­ members considering lateral candi­ est organizations are "undernour­ dates "do not seem to value experi­ ished-they don't have the resources ence in public service areas like they need to work with." One of the poverty law. " interesting things about the East Palo On the training issue, Gregory Payne Alto Project, he said, is that it is "en­ '78 observed: "Students have the couraging area practitioners to get into impression that to be a good lawyer the act." you need major law firm training. They Norris's conclusion: "I'm happy to don't realize that they may be stuck in see Stanford giving encouragement to a back room reading documents and public interest law, but not unhappy to never see the inside of a courtroom." see graduates going out into the pri­ Ron Noble '82, however, agreed with vate sector, where they can get their the student perception, saying: "It's hands on the levers ofpower and divert important to go for your first job to a resources from the private sector into firm with a good reputation, so you the public interest sector." have good market value. More coun­ • seling opportunities aren't going to Henry Wheeler '50 agreed, saying, make a real difference." "Student interest in public interest work Judge Norbert Ehrenfreund '59 ex-

28 Stanford Lawyer Fall 1986 pressed dismay that Stanford Law Doug Jensen '67 observed that "what School has "so little presence in public most lawyers do is something in the interest groups." Perhaps, he said, it middle" between big corporate law finns has to do with the admissions pro­ and public interest law. Maybe, he said, cess-"that we're not choosing stu­ "students need exposure to this." Jen­ dents who want to work with people sen advocated more contact between on real problems of the world." The Board members and students. School should look for students "who Isaac Stein '72 followed by express­ have emotions of caring and humane­ ing concern over "the assumed dichot­ ness." Lawyers, he pointed out, are at omy" between corporate law and pub­ "a low point in public opinion, because lic interest work. Most Stanford Law of not caring. " graduates, he pointed out, are going Dean Ely replied that although the into corporate law practice. He asked: School's admissions criteria have been "What are we doing to develop values changed to include people who are more for those students as to what they can mature and experienced, he is "not do?" sure we should pick a class in terms of The East Palo Alto Project, replied whether they are going to go into pub­ Ely, "may sow some of those seeds. lic interest or a big firm. " We try repeatedly to point out that the Pete McCloskey '53 asserted, how­ world '- does not break into two ex­ ever, that "a Stanford legal education tremes. We all hope that a few years is a privilege." In looking at applicants, into practice, people will do something he said, "We should have some con­ public spirited." However, he ob­ cern over whether they are willing to served, "law firms have more influ­ contribute to the community interest ence on this than we do." and national interest." Judge Norris reported a "gratifying Henry Wheeler endorsed the effort to recruit older students. "I'm dis­ mayed to hear of herd behavior," he said. "Lawyers have got to be inde­ pendent. Older students may be one answer." Mal Furbush'49 brought up a differ­ ent concern about today's students. "I have an uneasy feeling," he said, "that many students think they don't have to search for truth because they've found it already-for example, on whether there is a threshold of toxicity for some substances in the environment." This is not, he emphasized, "a settled point." Furbush sees "too much polarization instead of searching together for the truth. Issues are labeled liberal and response" from students at a recent conservative." Law Review banquet where he spoke Ely remarked that he doesn't think on "blending private practice with pub­ this group of students is "unduly doc­ lic service." trinaire." In fact-compared to those Lon Allan '68, another advocate of of past decades-they are "relatively this approach, said, "There's a lot that open-minded." lawyers can co.ntribute to the commu­ Dave Loring '67 reported a concern nity while working for private law finns. " among students that public interest He personally feels that he gives "as jobs are not there. Perhaps, he said, much to the community" as when he "the definition of public interest is too worked in a legal aid office. "It's not," narrow." he concluded, "a dichotomy." 0

Fall 1986 Stanford Lawyer 29 David L. Fletcher '58 BOARD OF Members Palo Alto, California VISITORS: 1985-86 David Freeman '55 Sacramento, California Lionel M. Allan '68 Malcolm H. Furbush'49 SanJose, California San Francisco, California Charles G. Armstrong '67 James M. Galbraith '67 Seattle, Washington San Marino, California Lawrence A. Aufmuth '69 Paul M. Ginsburg '68 Palo Alto, California San Francisco, California Executive Committee J. Arnoldo Beltran '77 John Paul Hanna '59 Los Angeles, California Palo Alto, California Hon. Rose Elizabeth Bird Hon. Pauline Davis Hanson'46 Hon. William A. Norris '54 (Boalt Hall, JD '65) Fresno, California Chair San Francisco, California Los Angeles, California Dale E. Hanst '60 Lawrence Calof '69 Santa Barbara, California Brooksley E. Born '64 SanJose, California Vice-Chair Robert L. Harmon '55 Peter M. Cannon, JDIMBA '82 Tiburon, California Washington, D.C. New York, New York Carlos T. Bea '58 Edwin A. Heafey, Jr. '55 R. Frederick Caspersen '71 Oakland, California San Francisco, California San Francisco, California Ellen B. Corenswet '75 Sarah K. Hofstadter '78 Ann Harrison Casto '71 San Francisco, California Boston, Massachusetts Columbus, Ohio Morton L. W. Friedman '56 AlbertJ. Horn'51 Ernest M. Clark, Jr., AB '41 Burlingame, California Sacramento, California (Loyola, LLB '49) James C. Gaither '64 Carpinteria, California PeterJ. Hughes '53 San Diego, California San Francisco, California TheodoreJ. Cranston '64 Roderick M. Hills '55 La Jolla, California George D. Jagels, AB '29 Washington, D.C. (Harvard, LLB '32) Sharon L. Criswell '72 San Marino, California David C. Loring '67 Dallas, Texas Los Angeles, California C. BradfordJeffries '55 Hon. JohnJ. Crown, AB '51 San Francisco, California Richard Mallery '63 (Northwestern, LLB '55) Phoenix, Arizona Chicago, Illinois Douglas B. Jensen '67 Fresno, California George A. Sears '52 Gordon K. Davidson '74 San Francisco, California Palo Alto, California Deane F. Johnson '42 New York, New York Charles D. Silverberg '55 Georgios D. Dikeou '64 Los Angeles, California Denver, Colorado Robert K. Johnson '64 Los Angeles, California Walter L. Weisman '59 Morris M. Doyle, AB '29 Beverly Hills, California (Harvard, LLB '32) Russell L. Johnson '58 San Francisco, California Los Angeles, California David H. Eaton '61 Robert A. Keller '58 Phoenix, Arizona Atlanta, Georgia Hon. Norbert Ehrenfreund '59 William F. Kroener III San Diego, California JD/MBA'71 Washington, D.C. RobinD. Faisant-'58 Palo Alto, California Louise A. LaMothe '71 Los Angeles, California Christina M. Fernandez '78 Los Angeles, California John W. Larson '62 San Francisco, California ClarenceJ. Ferrari, Jr. '59 SanJose, California

30 Stanford Lawyer Fall 1986 Marjorie Mize Le Gaye '45 Miles L. Rubin '52 Suren M. Saroyan '29 Santa Ana, California New York, New York San Francisco, California John P. Levin '73 Peggy Russell '84 William W. Saunders'48 San Francisco, California San Francisco, California Honolulu, Hawaii LeonardJ. Lewis '50 Hon. Pamela A. Rymer '64 Joseph B. Scudder, AB '27 Salt Lake City, Utah Los Angeles, California Pennington, New Jersey Teresa Marie Lobdell '79 Patrick T. Seaver, JDIMBA '77 San Francisco, California Los Angeles, California Richard N. Mackay'49 Talbot Shelton, AB '37 Los Angeles, California (Harvard, JD '40) Ellen Maldonado '78 New York, New York San Francisco, California Preston N. Silbaugh '53 Paul N. McCloskey, Jr., '53 Del Mar, California Palo Alto, California Larry W. Sonsini Hugh S. McMullen '71 (Boalt Hall, LLB '66) Los Angeles, California Palo Alto, California Donald Mitchell James C. Soper '53 (Hastings, JD '66) Oakland, California Boise, Idaho Kristi Cotton Spence '81 Kenneth F. Montgomery Burlingame, California (Harvard, LLB '28) Isaac Stein, JD/MBA '72 Chicago, Illinois Palo Alto, California Charles T. Munger Roy H. Steyer (Harvard, LLB '48) (Yale, LLB '41) Los Angeles, California New York, New York Kay V. Narver '77 Nancy Stockholm '81 Irvine, California Washington, D.C. Ronald K. Noble '82 Louise A. Sunderland '73 Philadelphia, Pennsylvania Chicago, Illinois SusanH. Nycum John A. Sutro, AB '26 (Duquesne, JD '60) (Harvard, LLB '29) Palo Alto, California San Francisco, California Emalie M. Ortega '76 Arthur V. Toupin'49 Santa Clara, California San Francisco, California Gregory B. Payne '78 Clyde E. Tritt'49 Encino, California Los Angeles, California Austin H. Peck, Jr. '38 Harry L. Usher '64 Los Angeles, California New York, New York Carol M. Petersen '66 Hon. John Van de Kamp '59 Chicago, Illinois Los Angeles, California Frederick S. Prince, Jr. '62 John W. Weiser Park City, Utah (Harvard, LLB '59) Charles R. Purnell'49 San Francisco, California San Francisco, California Henry Wheeler '50 John Robert Reese '65 Boston, Massachusetts San Francisco, California Charles Rice Wichman '52 Charles B. Renfrew Honolulu, Hawaii (Harvard, LLB '49; Charles B. Wright '81 Michigan, JD '56) New York, New York San Francisco, California

Fall 1986 Stanford Lawyer 31 Student Exposure to Career "Alternatives"- Further Initiatives

Dean Ely announced-at a tuition and related expenses Career Services Office indi­ vided when the School's meeting ofthe student body the next year. In the event a cating the public interest or good friends Kenneth and September 17-a number student chose subsequently public service law back­ Harle Montgomery donated ofnew steps taken by the to enter public interest or ground of faculty members $300,000 to endow the sum­ School to encourage stu­ public service work, this and deans, aimed at en­ mer loan program, thereby dent consideration ofpublic summer loan was to be couraging interested stu­ making the Montgomery interest/public service work. forgiven. dents to seek counsel from Summer Public Interest Amemorandum describing • We instituted a Public us about such opportunities. Loan Program permanent these initiatives, along with Interest Careers Day, which • All this, of course, was on and financially secure. related programs already is still held annually, open top of our noted Externship • Another public interest in place, was distributed not only to Stanford students Program, whereby roughly to all students that after­ program was launched in but also to interested law one-third of our students 1985-this one relating noon. Here is the text of students from other Bay spend a Term, for academic Dean Ely's memo. more directly to what Area law schools. credit, performing such work. happens after law school­ • Material was developed • In late 1983, much­ when the Cummins Engine and made available in the needed support was pro- Foundation of Columbus, ajor priority of the Law School ~ over the past four years has been to open the realistic possibility of your sampling and con­ The New Moves Summarized sidering careers other than the large-city large-firm law practice chosen by the over­ • Montgomery Summer Public Interest Grant Program. Originally begun in whelming majority of our 1983 to provide low-interest loans, it is now converted to a grant program. This students. There is no desire new program builds upon the existing summer grant program of the Stanford on the part of the School to Public Interest Law Foundation (SPILF) by matching (up to $20,000/year, inflation "channel" anyone into, or indexed) SPILF's total annual allocations for student summer work. away from, any particular kind of work-only to make • Public Interest Low Income Protection Plan. Last year's pilot program to lift the sure that you are aware that education debt burden from graduates accepting public interest positions is now alternatives do exist and to being made permanent. In addition, the income limit for eligibility will be indexed remove certain disabling to inflation. The program extends low-interest loans covering payments due on financial disincentives to prior undergraduate and graduate educational loans, with forgiveness provisions your considering them. for recipients who stay in public service. Soon after I became Dean we took a number of steps in • East Palo Alto Community Law Project. Annual support of $150,000/year this direction. (inflation indexed) is being pledged by the School to help ensure continuation • We introduced, on an ex­ of the East Palo Alto Community Law Project. This amount- which represents perimental basis, a Summer nearly half of the Project's $304,000/year budget-is in addition to the School's Public Interest Loan Pro­ other fund raising efforts on the Project's behalf. gram, so that students work­ ing in public interest jobs • Director of Public Interest Programs. Peggy Russell '84 has been appointed could borrow, at low interest, as a full-time Special Assistant to the Dean for 1986-87, to direct the School's enough money to support efforts to collect and disseminate information on opportunities for public themselves through the interest and public service careers and to provide counseling to students. summer and satisfy their ex­ pected contributions toward

32 Stanford Lawyer Fall 1986 of our students sign up that it is necessary to cancel the interviews. I confess I'm beginning to - ....-1IlIiII..J feel a little like Don Quixote, but I'm not prepared to give up. It remains possible that we still haven't given expo­ sure to alternative careers a chance, that if we did more we might attract more stu­ dents whose interests lay in that direction and free more of the students already here to pursue such options. I am therefore committing myself before I leave as Dean next !liiiii1iii;;;;;;! June-through a combina­ tion of new fund raising initia­ tives and earmarking of certain undesignated funds which have been raised • over the past four years- to come up with the monies ED SOUZA Placement office needed to underwrite a information, part of significant expansion of Indiana, donated $200,000 • In order to meet still an­ "a sustained effort to open Stanford Law School's to initiate a Public Interest other problem-created by up pUblic service/public career alternatives program. interest opportunities." Low Income Protection Plan, the fact that public interest -Dean Ely whereby graduates working organizations often are un­ • For the academic year in low income public inter­ able to make offers until the 1986-87, we shall be adding est/public service jobs are spring, whereas law firms obviously, it hasn't worked to the Law School staff a able to delay repayment of generally have wished to very well. The number of ap­ full-time Special Assistant their educational debts have their offers responded plicants for the Montgomery to the Dean and Director of (those incurred during col­ to a good deal earlier- Summer Public Interest Public Interest Programs, lege as well as law school) the School has recently Loan Program has been to lead our efforts to discover and ultimately, should they imposed a requirement, as dwindling annually since it and compile a complete list persevere in such a career, a condition of a firm's inter­ was initiated, to the extent of public service/public to have those debts paid by viewing here, that any stu­ that we had only eight takers interest opportunities for the Law School. The Foun­ dent who wants to wait and this past summer. More sur­ both summer and post­ dation's generous contribu­ try the public interest market prisingly, only one graduate graduation work and to tion was sufficient initially to shall be permitted to desig­ of the School has thus far counsel students who indi­ open this program to mem­ nate one of his or her law firm signed up for the Public cate some interest in such bers of the Classes of 1986, offers to be kept open until Interest Low Income Protec­ work. She is Margaret 1987, and 1988. By shrewd April 15. tion Plan. And despite our (Peggy) Russell '84, one financial management (prin­ initiatives it remains true that of the founders of the cipally the fact that virtually Obviously all this represents public interest organizations Palo Alto Community Law no one applied) the program a sustained effort to open up are reluctant to schedule Project, who is currently was subsequently extended public service/public inter­ interviews at Stanford, as it working at Public Advocates to include the Class of 1989. est opportunities. Just as often turns out that so few (Continued on next page)

Fall 1986 Stanford Lawyer 33 Russell '84 Heads Public Interest Careers Effort in San Francisco. (See box more attractive) and may at right.-Ed.) Peggy Russell-the new one day be excused. What • Because it seems unfair to Special Assistant to the are needed, obviously, are recruit students without their Dean and Director of Public grants-not overly large knowing whether the Public Interest Programs-is a 1984 grants, as no one whose Interest Low Income Protec­ graduate of the School, goal is to get rich is goin'g to tion Plan will still be in effect where she was a cofounder be tempted to enter any of when they graduate, we are, of the East Palo Alto Com­ these programs-but grants effective immediately, munity Law Project and its nonetheless, so as to avoid extending it not only to the first student president. the specter of further loans. classes presently enrolled at While at Stanford, she was The Montgomery Summer the School but to all future also a research assistant Public Interest Loan Pro­ classes as well. We also in­ to Professor Simon, vice­ gram is therefore being con­ tend to "index" the maximum president of Women of Stan­ verted to the Montgomery salary limits, to ensure that ford Law, and secretary Summer Public Interest Grant Program. Such a con­ as inflation raises public of the Black Law Students STEVEN WONG Peggy Russell interest salaries along with Association, as well as version raises another po­ others, eligibility for the pro­ doing advocacy work in the areas of mental health, tential problem, though: that gram will correspondingly dome~tic violence, and prisoners' rights. neither the Montgomerys nor expand. This will take an She then clerked (in 1984-85) for Judge James E. I want to undercut or com­ increment of funds over the Doyle of the U.S. District Court in Madison, Wisconsin. pete with the Stanford Public original Cummins Founda­ At the time of Dean Ely's announcement, she was a law Interest Law Foundation tion gift, but the step seems fellow with Public Advocates, Inc. of San Francisco. (SPILF), which for some time justified. No one is going to Russell graduated cum laude in 1979 from Princeton has been in the business of get rich practicing public in­ University, where she majored in history, earning a encouraging students and terest law, but this program Certificate of Distinction in American Studies. graduates to "tithe" part of guarantees that no one She is currently on the boards of directors of their salaries in order to fund wishing to pursue such a EPACLP and of the San Francisco chapter of the summer grants to students career need be dissuaded American Civil Liberties Union of Northern California. wishing to do public service from doing so because of In 1985 she was appointed to a three-year term on work. Thus, we have de­ educational debts. Stanford Law School's Board of Visitors. cided instead to build upon Russell has worked closely with the School, both as this admirable student initia­ • Obviously, over the past a student and alumna, in its efforts over the past four tive, and the Montgomery couple of years, the Mont­ years to inform students of possibilities for public ser­ Summer Public Interest gomery Public Interest Loan vice. She helped organize the first public interest law Grant Program will stand Program has not been work­ conference in 1983 and was keynote speaker at the ready to match (up to a ing as well as it should. The third annual event in 1985. $20,000 ceiling annually, reasons for the diminishing "There's been a very exciting transformation at the also indexed) the amount student response are School in the importance given to public interest law," that SPILF spends to finance entirely understandable. says Russell, who assumes her new position on student summer public (Harvard Law School, which November 10. "I've enjoyed being a part of it and interest/public service work. replicated the Montgomery hope to serve as a catalyst for further efforts." Thanks to the Montgom­ program virtually provision erys' generosity (plus a pos- for provision, has experi­ ~ ---J sible contribution from other enced a similar dropoff, School funds) SPILF will cer­ though interest in public in­ a week for summer work. one that carries very low in­ tainly have twice as much to terest law generally seems Against that background it is terest (in fact we have low­ spend on summer student somewhat higher there than easy to see why even a com­ ered the interest rate several grants as it has had hereto­ here.) Large firms are now mitted student is hesitant to times since the program's fore, and if the hoped-for ef­ paying something like $1000 incur still another debt, even inception in order to make it fect of inducing additional

34 Stanford Lawyer Fall 1986 student contributions is Of course the community $150,000 annually (in 1986 necessity, however, should achieved, it will have more of East Palo Alto benefits dollars, which will be in- help ensure that the Project than that. I am advised that greatly from the existence of dexed to keep up with future will not be kept alive in recent years SPILF has the Project, but so does the inflation), part of which can (on School-supported life been able to grant most wor- Law School: it provides us be raised by our annual Law support systems) should thy student applications. My opportunities for a variety of Fund drive but most of which it cease to enjoy the hope is that this announce- courses we would not other- will have to be found else- dedicated support of a ment of matching funds will wise be able to give, and where by the Law School. significant proportion of increase not only the finan- more generally provides (We will also stand ready to the student body. ·cial contributions to SPILF our students (almost half of continue to assist with the After I finish my term as but also the number of whom participate in the Proj- Project's efforts to raise Dean, it will of course be up student applications for ect) with a significant com- money from the local Bar, to my successors to decide summer grants. ponent of their total educa- though whatever is raised in how long to continue this tional experience. Entirely that drive will be on top of the $150,000 (indexed) annual • An enormously gratifying on educational grounds, $150,000.) Of course there payment to the Project. Ob- development during my therefore, I feel justified in are limits to what the Law viously they will ask period i- Deanship has been the cre- committing Law School School can contribute con- cally whether the Project is ation, almost entirely by stu- funds to try to help ensure sistent with its other priori- contributing to the educa- dent efforts, of the East Palo the survival of this Project. ties, and thus the student tional experience of the Alto Community Law Project. Indeed, I feel it so strongly organizers will still have to School in the ways that the The Law School already that I am prepared effective raise a significant part of faculty currently believes it makes significant contribu- immediately to commit the Project's budget. That is. I am not, however, simply tions to the Project, not only making a grand gesture, in terms of what regular only to saddle those who will faculty members are able follow me with the obligation to contribute through their to go out and raise the extra teaching, but also in terms $150,000 annually. One way of fund raising help, not to Pledge of EPACLP Annual Support or another this year I will pro- mention the Immigration Law Wins Praise cure and set aside enough Clinic headed by Professor money to ensure that if Hing, for which the School A burst of applause greeted Dean Ely's announcement deans in the future think it provides substantial funds. September 17 of substantial annual support to the East appropriate, a contribution Most of the rest of the Project Palo Alto Community Law Project. on the order I have men- has been funded by active "Tremendous!" was the response of Chris Ho '87, a tioned can be forthcoming fund raising on the student student co-chair of the Project. "This clearly reflects from the School for at least organizers' part, and the the School's commitment to public interest in general the next ten years and, in- response of various foun- and to the Project in particular" deed, that at the end of that dations has been positive. Project Director Susan Balliet was equally enthu- ten-year period we will be However, many of the foun- siastic. "Dean Ely has outdone himself. An outright in a position to endow an dation grants were quite payment of $150,000 per year is much more than we expanded Clinical Legal explicitly "seed money," were promised or ever expected. I'm deeply gratified." Education Fund sufficient to designed to get the Project The mayor of East Palo Alto, Barbara Mouton, said of generate such payments to through the first couple of the gift: "It's great, and will certainly go a long way to- the East Palo Alto Project, years. Massage as I might wards keeping this vital project going." Mouton, who should that remain the the Project's hopes in the serves on the EPACLP board of directors, is pleased to appropriate recipient, or fund raising area, I simply have seen it grow "from myth into reality. Through the if it is not, to whatever suc- cannot make them add up to Project," she observed, "the residents of East Palo Alto cessor seems to fit most the entirety of the Project's have gained access to adequate legal representation closely the educational budget, projected for 1987 and proper advocacy before the bar of justice." purposes the Project now at $304,000. serves. 0

Fall 1986 Stanford Lawyer 35 -an interpretive approach Charles Lawrence Joins Faculty that he says is well devel­ oped in fields such as Charles R. Lawrence III, an lenges the U.S. Supreme literary analysis. expert on constitutional law Court's approach to anti­ "We look forward to hav­ and equal protection, has discrimination law, which ing Professor Lawrence as been appointed professor of traditionally focuses on a colleague," said Deall Ely, law. A visiting professor here whether the person or insti­ in announcing the appoint­ in 1983-84, he has for twelve tution accused of discrimi­ ment. "A creative scholar years been a member of the nating actually intended to and effective teacher, he will University of San Francisco do so. "To have to prove dis­ make a special contribution Law School faculty, the last criminatory purpose doesn't to Stanford." six as a full professor. make sense, because so Lawrence grew up in Lawrence's research on much of what motivates dis­ New York State, and earned "unconscious racism" have crimination takes place be­ degrees from Haverford attracted considerable inter­ low the conscious level," College (BA '65) and Yale est. He has written (with Joel Lawrence explained in a (JD '69). For two years after Prof. Lawrence Dreyfuss) The Bakke Case: recent interview. law school he taught in and The Politics of Inequality Lawrence proposes an served as principal of the fessor at Harvard Graduate (Harcourt Brace Jovanovich, alternative way to analyze Highland Park Free School School of Education. 1979), as well as numerous challenges of discrimination, in the predominately black Lawrence moved to San scholarly articles. by concentrating on the Roxbury section of Boston. Francisco in 1972 to become In a forthcoming Stanford "cultural meaning" of the During this time he also a senior attorney with Public Law Review piece, he chal- alleged improper conduct taught as an assistant pro- Advocates, Inc. He joined

percent of Business School "I wanted more time to think Thompson '76 students), while functioning and write about a variety of Returns as as managing editor of issues that are of interest to Stanford Law Review. me and, I believe, society, Associate As a litigator, Thompson but that may not be of cur­ Professor says he has been primarily rent importance to any involved "in large-dollar particular client." Barton H. (Buzz) Thompson, suits, with a bias toward These include the "rapidly Jr.-the Nathan Abbott cases dealing with energy, rising" number of issues Scholar of the Class of 1976 water, and other natural re­ relating to attorney compen­ -joined the faculty this sources." He most recently sation, and Water Law-"a summer as an associate served as counsel for South­ most fascinating and inter­ professor of law. ern California Edison in a disciplinary field," which he A seasoned litigator, he six-month hearing before first learned from Professor had for the past eig ht years the California Public Utilities Meyers, later taught at UCLA been with O'Melveny & EO SOUZA Commission concerning the (1980-83), and will be teach­ Prof. Thompson Myers of Los Angeles, the San Onofre Nuclear Genera­ ing at Stanford. last three years as a partner. career included a 1972 A.B. tion Stations. He was also His other Stanford Thompson clerked at the with honors and distinction counsel for Continental In­ courses are The Lawyering Supreme Court for Justice in Economics, election to Phi surance Group of Northern Process, and a seminar on Rehnquist in 1977-78 and Beta Kappa, and service as America in the huge Califor­ Resource Development. before that for Judge opinion editor of the Stan­ nia asbestos insurance liti­ Thompson's wife, Holly, js Joseph T. Sneed of the ford Daily. He then earned gation tried recently in San a college counselor with a Ninth Circuit Court of both a J.D. (with the top Francisco. Stanford M.A. in education. Appeals. grades of his class) and an Asked why he has now They have a son, 2, and live His brilliant Stanford M.B.A. (as one of the top 5 chosen academia, he says: on campus. D

36 Stanford Lawyer Fall 1986 the USF law faculty in 1974, ment to spend the fall term but, more broadly, of how independent filmmaker and and in subsequent years at UCLA) will also teach they as lawyers and commu- television producer-director. was a visiting professor of Constitutional Law. Education nity leaders can help bring Among her credits is a series law at Harvard (1979-80) and the Law, or educational about social change," he of PBS documentaries- and a W.K. Kellogg Foun- policy, is another of his says. "I've always felt that Were You There?-about dation National Fellow teaching areas. one can't afford to be an the black experience in (1982-85). He uses a variety of ivory tower academic, in the America. The Lawrences Most of Lawrence's schol- teaching approaches, in- sense of being divorced ac- have a ninth-grade daugh- arly writings deal with issues eluding role-playing and dis- ademically and intellectually ter, Maia, and live in San of discrimination, particu- cussion. "I like to encourage from activism." Francisco. D larly on the basis of race. students to think not just in Lawrence is married to There are, he said, "many terms of traditional litigation, Carol Munday Lawrence, an institutional barriers that on the su rface don't seem to be racial but that continue fieldwork at the Project. poor, the most recent being to favor groups that have Bill Simon An honors graduate of "Rights and Redistribution in already gained access." Given Tenure both Princeton (AB '69) and the Welfare System," in the Lawrence cited as an Harvard (JD '74), he spent July Stanford Law Review example the disproportion- three years in private prac- (38: 1431). His latest publica- William H. Simon, a member ate weight that many law tice with the Boston law firm tion on professional ethics, of the faculty since 1981 , has schools give to scores that of Foley, Hoag & Eliot (1974- "Babbitt v. Brandeis: The been granted tenure and applicants get on a single Decline of the Professional named professor, effective 77). He then taught in 1977- test (the LSAT). 78 at Northeastern and Har- Ideal," appeared last year in "Well-educated latinos July 1. "Bill Simon's widely cited vard Law Schools, returning the Review (37:565). and blacks with equivalent Simon considers himself grades from good colleges articles on the dilemma of a "critic of the adversary generally do less well on the lawyers, who must serve their clients but want to system." He believes that LSAT than their white coun- lawyers should "playa more terparts," he observed. "Col- serve society as well, have public role rather than one of lege grades, however, have helped make Stanford Law School a center of scholarly extreme client loyalty." been shown to be a more He also criticizes the cur- reliable predictor of law study of the profession," Dean Ely said in a report rent welfare system, which, school performance. So law he said in an interview, schools, by paying undue May 13 to the Board of Trustees. "serves poorly the people it attention to LSATs rather is supposed to help." "His work in the area of than grades, are favoring Recent changes in the sys- welfare entitlement and non-minorities and disfavor- tem have, he says, "made it ing latinos and blacks," administration have already more bureaucratic and made an important contribu- Lawrence is currently complex." tion to a field that governs working with Professor One reason for increased the lives of millions," contin- Stephanie Wildman of USF regulation is, he explains, ued the Dean. "He has also ED SOUZA on a book comparing racial Prof. Simon that "the social worker has played an important role in with sex discrimination-the been replaced by less quali- creating and expanding to Harvard in 1980-81 as a subject also of a course they fied caseworkers. While it is Stanford Law School's clinical instructor. During the will teach during the 1987 now harder for caseworkers lauded clinical education three years from 1979 to spring term. "Comparison," to be punitive, it is also program." 1981 , he was staff attorney he explained, "is an instruc- harder for them to exercise Simon was a key adviser for the Legal Services tive way of studying the discretion or respond to indi- to the student founders Institute in Jamaica Plains, problems that are unique to vidual differences. What we of the East Palo Alto Com- Massachusetts. each, as well as those that have is an underfunded munity Law Project, and Simon is the author of a they share." bureaucracy that struggles Lawrence (who is now ful- teaches one of the four law number of scholarly articles filling a preexisting commit- school courses involving on public assistance to the (Continued on next page)

Fall 1986 Stanford Lawyer 37 Ely to Step Down-"GreatTime"as Dean Gilliland Succeeds Dray as John Hart Ely has formally submitted his resignation, Associate Dean effective August 31, 1986, as Dean of the Law School. Ely, who will have been Dean for five years, plans (after John P. Gilliland has been a year of travel and teaching at New York Law School) to named Associate Dean for continue at Stanford as a member of the faculty. Development and Alumni/ae "I've had a great time as Dean," he said in a letter to Relations. His predecessor, University President Don Kennedy. "But I've reached the Barbara G. Dray '72, is point where there is another job-that of teacher and now Associate Director of scholar-I'd enjoy even more." Planned Giving in the Uni­ "John Ely was enthusiastically sought, and received, by versity development office. the Stanford law faculty, and they have made great progress "Much as we'll all miss together," said Kennedy. "We're delighted that his great Barbara; I think John is talent as a teacher and legal scholar will still be with us." going to make a terrific John Gilliland Ely's resignation came as no surprise, since he has from associate dean," Dean Ely the beginning made clear that he regarded the deanship as University development staff said, in an announcement a five-year undertaking. in 1973 after three years as May 14. "We have a number A search committee has a project manager for the of pressing development Sierra Club Foundation, been named, with Law Pro­ priorities, and I'm sure his fessor Marc A. Franklin as where he worked to retain enthusiasm and organiza­ chair. The other members open space in San Mateo tional skills are going to are: Provost James Rosse; County and developed an serve us well in attending Law Professors Robert environmental education to them." Rabin, Deborah Rhode, and recreation program. Gilliland, who did his un­ Gerald Lopez, Robert He has been involved in a dergraduate work at Stan­ Weisberg, and Thomas wide range of local conser­ ford (AB '67), has been a Campbell; and students vation efforts, including member of the University Ivan Fong (Stanford Law serving as vice-chair of the fund-raising staff for over Review president) and San Mateo County Supervi­ twelve years, the past six Janet Taber (student body sors Committee on Recre­ JOHN $HEAETZ as associate director with president). 0 Dean Ely ation in the San Francisco specific responsibility for Watershed Land, and as a the major gifts effort in member of the Skyline San Francisco. Scenic Corridor Committee As the Law School's chief for Santa Clara County. He SIMON (continued) development officer, he was also active in the early oversees fund raising and stages of what are now the under stultifying work loads ing courses in Poverty Law alumni/ae activities, as well Mid-Peninsula Regional and that is hostile to both and Practice (with clinical as serving as secretary to Open Space District, recipients and superiors." work at the East Palo Alto the Board of Visitors. the Filoli Center, and the Simon would like to see project) and a Poverty Law Gilliland's interest in the Santa Cruz Mountain Trail the system reorganized Seminar. He also teaches law dates back to his under­ Association. somewhat as New Deal the­ the School's introductory graduate days when, as a Gilliland's current extra­ orists envisioned but were course on Business Political Science major, he curricular pastimes include never able to implement Associations. took Constitutional Law from backpacking, Civil War fully-that is, a system He is married to Teresa Professor Robert Horn. He history, and barbershop administered by qualified Nelson, a lawyer and direc­ later had "one of the most harmony singing. His quar­ social workers and where tor of the Mental Health stimulating experiences of tet, Coast-to-Coast, won the "welfare benefits are recog­ Advocacy Project in San his life" as foreman of a jury Northern California champi­ nized as a right." Jose. They have an infant in a murder trial. onship in both 1984 and Simon is currently teach- son and live in Palo Alto. 0 He joined the Stanford 1985.0

38 Stanford Lawyer Fall 1986 Museum of Science and Designed to minimize Spencer Associates, an Law Student Industry (Los Angeles), the environmental impact, the architectural and planning Center to be Built Taper Gallery at the Los building will complete the firm based in Palo Alto. Angeles Museum of Art, south side of the quadrangle Stypula describes it as next to Crothers Taper Hall of Humanities at formed by Crothers Hall and "a free-form sculpture" the University of California, by Crothers Memorial Hall. that will "sit like a jewel" Construction has begun­ and the Mark Taper Forum The central area of the amid the older buildings thanks to a gift from retired. at the Los Angeles Music quadrangle will be undis­ of Crothers courtyard Southern California financier Center. turbed, as will the oak trees and "provide a vista through Mark Taper-on a recreation His gift for the Mark Taper growing just outside the to Encina Commons." and meeting center primar­ Law Student Center at Stan­ quad near Escondido Road. Members of Spencer ily for law students. The ford provides not only for The road itself, now perma­ Associates have designed new facility, which will be construction costs but also nently closed to traffic, a number of noteworthy connected by a walkway to an endowment for perma­ is becoming a greensward Stanford buildings, including Crothers Hall, will be named nent maintenance of the and pedestrian mall. Tresidder Memorial Union, the Mark Taper Law Student Center. The Center will The Center, which is mod­ the Earth Sciences Building, Center. be governed by a board ern in style, will consist of a Space Engineering, Sloan "Mr. Taper's strong desire consisting of residents of two-story wood frame struc­ Mathematics Center, and to improve the quality of life Crothers, law students, a ture, embracing two penta­ the restoration and redesign for Stanford Law students is Law School administrator, gonal volumes with a stucco of Jordan Hall and Margaret sensitively expressed in this and a member of the facade, linked together Jacks Hall of the original project, and we are very University's Residential by a glass enclosure. The University Quad. 0 grateful for his generosity," Education staff. architect is Jan Stypula of said Dean Ely. Taper, former SPENCER ASSOCIATES CEO of a major California savings and loan associa­ tion, is the grandfather of CROTHERS HALL Law School graduate Andrew M. Taper '85. Planning for the Center was done by a committee in­ cluding law students as well as administrators, with prior­ ity given to the needs of Crothers residents and the Law School community. Approximately 4000 square feet in size, it will include a large fireplace lounge that opens onto a patio, a second and smaller upstairs lounge, a kitchen, and an exercise and fitness area with lockers, restrooms, and showers for men and women. Mark Taper is known for his generosity to several schools and to the arts, notably the Taper Gymna­ sium at Harvard, Taper Hall of Economics and

Finance in the California CROTHERS MEMORIAL HALL

Fall 1986 Stanford Lawyer 39 5 representing a variety of in­ IBM Vice-President Law and Tech terested parties, including Kenneth W. Dam, former Meeting elected and appointed U.S. Deputy Secretary of government officials from State, was the keynote the U.S. and other nations speaker. Voicing the central "How Government Policy (Japan and Brazil), law firm concern of the conferees, he Affects Private R&D" was and in-house attorneys for said: "Today the U.S. cre­ the subject of a day-long computer and biotechnology ates 50 percent of the symposium organized last companies (IBM, Apple, and world's technology, down spring by the student-run Genentech), scholars from from 75 percent a decade Stanford Law and Technol­ universities and think tanks, ago; it will soon be one ogy Association. and the head of the Ameri­ third." Many other countries, For the meeting-one can Association for the he pointed out, have educa­ of the fi rst ever on the Advancement of Science's tional and intellectual attain­ subject-SLATA brought Office of Public Sector me~ts equivalent to ours. together twenty speakers Programs. America's major advantage is "its vigorous, risk-taking private sector." All present seemed to agree that Federal policies "We are being 'out-competed'."­ Bequests Fund Professorship, powerfully affect the ability Assemblyman Robert Naylor (above), at a conference Student Aid, Books of the private sector to en­ organized by Kent Walker '87 gage in innovative R&D and (right, center) and other students A generous bequest from the estate of Miss Elaine Sweet that these policies should be of the Stanford Law and (AB '19) of San Diego will provide the endowment for a revised in light of the com­ Technology Society. named professorship and financial aid fund at the Law petitive disadvantage of U.S. School. businesses vis-a-vis foreign that private investors are A second bequest, from Lilian Fletcher Nichols (AB '28), enterprises that are subsi­ unlikely to participate; or has been designated for a new library book fund, and will dized or otherwise "incentiv­ 2) technologies with major also add to the School's facilities fund and to the discretion­ ized" by their governments. external benefits not likely ary fund used by the Dean for areas of most urgent need. Among the policy areas to be captured or rewarded The new professorship will be named in memory of Miss discussed were: by simple market forces. Sweet's father, the late attorney Adelbert H. Sweet, while the scholarship fund honors her mother and aunt, Amy Government support of Tax incentives for research Whatmore Sweet and Marion Smith Whatmore. basic research. This was and development. Several The Sweet bequest is also being used for construction of strong Iy endorsed by the conferees thought this the the University's Academic Resources Center, to be named conferees. "There is," said most appropriate and con­ Sweet Hall in memory of Miss Sweet's parents. Other Dam, "a gap in what a uni­ structive policy, with one of recipients are the School of Education and, in years past, versity can afford and what a the most effective incentives the Department of History (her major field at Stanford). nation needs." being the federal R&D Tax Miss Sweet, a long-time San Diego resident and Stanford Direct support of applied Credit, which provides a 25 University benefactor, died in January 1985. research. This Dam and percent credit on increases Mrs. Nichols was a member of the University Board of others opposed- at least in in R&D spending. Trustees for thirteen years and a prominent figure in Bay principle-citing the abor­ Antitrust laws and en­ Area civic affairs. The book fund created through her tive synfuels effort as an ex­ forcement. The conferees bequest will bear her name. ample of the government's were in favor of permitting She and her husband, Jesse E. Nichols (AB '28), a lawyer being "out of its element." joi nt ventu res when they and former partner in Nichols, Williams, Morgan & Digard,i of However, several speakers might enhance national Oakland, both died in 1985. favored significant excep­ competitiveness. Such pri­ Mrs. Nichols first became interested in the Law School tions for 1) exploratory vate enterprise group activi­ through her first husband, the late Lawrence S. Fletcher stages of new technologies, ties would, it was thought, al­ (AB '28, JD '30), who is remembered in the naming of the when the potential return to low companies to combine School's largest classroom (290). D investors is so long delayed talent and funding while

40 Stanford Lawyer Fall 1986 proposed country of sale. Because the FDA approval process is as much as two years slower than that of countries such as Britain and Germany, U.S. firms are put at a clear disadvantage. Regulation of a different kind can also hamper regulated utilities (e.g., tele­ communications firms), which are restricted as to the amount of profit that can be applied to research and development rather than passed on to customers. Technologically challenging projects are also deterred or abandoned when their costs are more likely to be born by stockholders than incorpo­ rated into the cost of market­ able products.

PHOTOS BY TOM SEARS '88 Credit for organizing this wide-ranging conference developing particularly American industry's desire posing on U.S. firms a cost goes to Symposium Director challenging technologies­ to protect the results of its of doing business that other Kent Walker ('87) and a a potential strategy for investments. Trade secrets countries have avoided and host of SLATA volunteers, countering foreign govern­ of businesses dealing with that will directly affect our headed by Co-presidents ments' direct subsidies to the federal government ability to compete-even Ivan Fong and Stacey their own high technology may be disclosed before to save lives. One conferee Sovereign (both also '87) companies. the owner realizes it and reported having to advise and including Michael Sears ('88) as publicity Patent and copyright pro­ can try to convince the a company not to market a agency otherwise. director. Cosponsors, tection. Piracy, counterfeit­ carbon monoxide sensor with SLATA, were Stanford ing and similar acts are esti­ Licensing restrictions. The because it was not totally Law School, the Center mated to account for some reluctance of the govern­ foolproof. Some hope was for Economic Policy Re­ 750,000 lost American jobs ment on licensing is, said expressed that measures search (Koret Foundation), and upto $2 billion in lost some, based on a miscon­ to limit liability on the AIDS and Stanford's Program revenues. The reason for ception that licenses are vaccine might open the way in Values, Technology, protecting intellectual prop­ anti-competitive. They may for a relaxation of liability on Science and Society (VTSS). erty, it was pointed out, is instead be seen as inher­ other research products. Interested readers may not so much to benefit those ently pro-competitive and Government oversight and obtain a transcript of the who have already made desirable, because they regulation. Under current proceedings by sending inventions as to encourage motivate firms to develop law, U.S. drug manufactur­ $10 to: Stanford Law and others to invest in future and "get their technology ers are prohibited from seIl­ Technology Association, research and development. out" to those who can use ing abroad any drug not yet it more efficiently. Stanford Law School, Protection of secrets. The approved for marketing in Stanford, CA 94305-8610 Freedom of Information Act Tort liability. The expansion the U.S., even if that drug (Attn: Symposium). D (FOIA) creates a tension of strict liability and other lia­ has been fully tested and between the need for free blility rules is, according to approved in accordance access to information and more than one panelist, im- with the regulations of the

Fall 1986 Stanford Lawyer 41 First Amendment Discussed at National Federalist Symposium

Contrasting views on several "I doubt as many future constitutional law scholars, make free men," he said, issues with First Amendment Supreme Court justices have and more than 300 students asserting that state inter­ implications were argued at gathered at Stanford Law from throughout the country. vention in markets ultimately a national Federalist Society School since the Class of '52 Nobelist Milton Friedman, creates economic inhibitions symposium March 7-9 graduated." (One speaker a senior fellow at the Hoover to free speech. Friedman hosted by students of the -Judge Antonin Scalia­ Institution, delivered the key­ concluded by suggesting Society's Stanford chapter. has, in fact, since been note address. "Free markets a new amendment to the Participants included so named to the Cou rt.) many eminent jurists that Among the 550 attendees Dean Ely was moved in his were members of the Reagan opening remarks to say: Administration, noted Canadians Hold "Stanford Lectures"

In a historic first, Canada's focused on the young Cana­ most eminent jurists, mem­ dian Charter (constitution) bers of the bar, and legal ac­ and issues that have arisen ademics held their biennial under the older U.S. Consti­ meeting in the United States, tution that might be relevant. at Stanford Law School, Stanford participants in­ rather than in England. cluded Dean Ely, who spoke Titled "The Stanford "On Protecting Fundamental Lectures," the meeting took Interests and Powerless Mi­ place July 2.7 to August 2 norities under the U.S. and under the joint aegis of the Canadian Constitutions," School and the Canadian and Cohen, whose topic Institute for Advanced Legal ~...... ~~i!IIAJ Studies. William Cohen, the School's C. Wendell and Among the noted panelists were (I-r, above) Prof. Paul Bator of the Edith Carlsmith Professor, University of Chicago, then-Judge (now Supreme Court Justice) served as coordinator for Antonin Scalia, Floyd Abrams of Cahill, Gordon &Reindel, and (below) Stanford. Dean Ely, Judge Robert Bark of the D.C. Court of Appeals, and Prof. Geoffrey Stone of Chicago. "The legal lines between Canada and the United States are deep and strong," said conference chair ~..-rJ.J,._ Nathan T. Nemetz, Chief Justice of British Columbia. was "Judicial Review of "We share a powerful attach­ Social and Economic ment to the fundamentals: Legislation Under the Equal law, an independent Protection Clause." judiciary, equality, and The significance of the an open and public two-country conference .was process. It is fitting that symbolized by the presence we should meet here in the of the Canadian ambassa­ United States and at one of dor to the U.S., Alan Gotlieb, its finest law schools." Canadian Chief Justice The program, which Brian Dickson, and a host of was endorsed by the chief other luminaries from both justices of both countries, sides of the border. 0 PHOTOS BY MATT BATEMAN

42 Stanford Lawyer Fall 1986 Constitution: "Cong ress shall make no laws forbid­ oHappy Day! ­ ding voluntary acts between Commencement consenting adults." The panels that followed 1986 were marked by lively de­ bate on whether and how The sun was shining and much Government should breezes blowing as the Law interfere with election pro­ Class of 1986 assembled cesses and financing, June 15 for the School's religious expression, por­ ninty-third annual Com­ nography, libel, advertising, mencement. broadcast and telecommun­ A record 900 relatives and ications, political activity by friends turned out for the civil servants, or exclusion­ glad occasion, which took ary practices. place in Kresge Auditorium Although a range of philo­ following the University's sophical viewpoints was Commencement exercises. represented, the chief intel­ After welcoming the lectual purpose of the sym­ standing-room-only crowd, posium was, according to its director, Brian J. Brille ('87), to provide "a systematic presentation of libertarian, classical liberal, and con­ servative philosophies not ordinarily available in con­ temporary American law schools." The proceedings of the Symposium-the fifth and largest sponsored by the national Federalist Society -are scheduled for publi­ cation later this year in the Harvard Journal of Law and Public Policy. Audiocassette and videotape records of the entire proceedings are also available. For infor­ Dean Ely announced the DuMont, who also received mation, contact: B. Brille, top academic achievers the Frank Baker Belcher Congratulations were in order for President, Stanford in the class: Jonathan D. Award for the best academic Hurlbut Award winner Barbara Federalist Society, Schwartz, Nathan Abbott work in Evidence. Babcock (above) and 178 degree Scholar for the highest over­ Eighteen class members recipients, including Denise Stanford Law School, Hanna (top) and Nicholas Politan Stanford, CA 94305-8610; all grade point average, and were elected to the Order and Zaitun Poonja (left). (415) 723-1551. D John R. Wilson, winner of the of the Coif. In addition to Urban A. Sontheimer prize Schwartz, Wilson, and for the second highest DuMont, they are: Jay L. average. Wilson's academic Alexander, Allain C. John A. Lewis, Frank A. performance had also Andry IV, Barbara M. McGuire, Frances A. Rauer, earned him the Second-Year Anscher, Susan Bernhardt, Deborah L. Schrier-Rape, Honor. The First-Year honor Cheryl D. Davey, Susan A. Steven T. Strong, David E. was held by Edward C. Dunn, Paul H. Goldstein, (Continued on next page)

Fall 1986 Stanford Lawyer 43 in journalism from Howard Dennard '86 Honored by NAACP University in 1983. She plans Art with Punch to use her education to Giji Michelle Dennard, a "serve the 'invisible' man in "In a university devoted to June graduate of the School, our society-against whom excellence, the visual envi­ is the first Stanford recipient discrimination has been per­ ronment should have the of a Constance Baker petuated through our legal same quality as the intellec­ Motley Law Award from the institutions. " tual environment." So said Earl Warren Legal Training The Earl Warren Legal John Henry Merryman, the Program. The $1 ,200 prize Training Program seeks to School's Nelson Bowman is given annually by the encourage black students to Sweitzer and Marie B. NAACP's Legal Defense and enter the legal profession by Sweitzer Professor, in Educational Fund, Inc., to providing financial assis­ an interview following his recognize the nation's out­ tance. (Dennard received September 1shift to standing black female law a Warren Program scholar­ emeritus status. student. ship in her first year of law That the Law School is to­ While in law school, Den­ school.) The award is given day an aesthetically exciting nard was a member of the in honor of Constance Baker place to visit and work is in Law Review and president Motley, a federal judge for no small part due to Merry­ Giji Dennard of the Black Law Students the Southern District of man, an expert in art and the Association. She was mon sense coupled with a New York, the first woman law. He chaired the School nominated for the award strong intellectual capacity." borough president of building committee that by Margo Smith, Assistant A native of St. Petersburg, Manhattan, and a 20-year choose and monitored the Dean for Student Affairs, Florida, Dennard received Legal Defense Fund staff work of the architect and who cited "her plain com- her undergraduate degree member. D interior designer for Crown

standing student perfor­ Babcock recounted three COMMENCEMENT (continued) mances in trials conducted "tales" representing dif­ during the year, went to ferent experiences (d is­ Teitelbaum, John F. Walsh III, S. Zimman, recipients of Lance H. Anderson, Steven illusionment, frustration, and and John S. Whitelaw. Faerie Mallory Engle Prizes M. Bauer, Martin R. Boles, fulfillment) in the legal John Lewis also was the as finalists in the School's W. Hardy Callcott, Kenneth profession. She concluded first recipient of the Steven client counseling competition. J. Diamond, Peter J. by charging graduates to M. Block Civil Liberties Zimman was also honored Eckerstrom, Alejandro V. "write your own story-a Award, given for distin­ by the University with an Hernandez, Don A. collective one of your class guished written work on Award for Service. Con­ Hernandez, David B. and of Stanford-but your issues relati ng to personal ferred by Stanford's Dean of Sadwick, John F. Walsh III, own story." freedom. The award, which Student Affairs, the award Steven H. Winterbauer, and In a succinct parting mes­ honors the late Steve Block recognizes his efforts in Jonathan J. Wroblewski. sage to the Class, Dean Ely '76, was established in creating and directing the The final honor of the day, made a plea for enlightened 1985 by his classmates University's AIDS Education the John Bingham Hurlbut selfishness. "Be true to your­ and friends. Project, a group whose Award for excellence in self and start doing it now," A new honor, graduation activities include information teaching, was presented by he urged, closing with a "with distinction," was programs, support services Class President Leslie S. quote from John Updike: granted to fifty-one grad u­ for th'e gay community, and Farhangi to faculty member "The world is full of people ates (almost one-third of a campus AIDS benefit Barbara A. Babcock. Bab­ who don't know what hit 'em. the class). last May. cock, who is the Ernest W. Their lives are over before Other graduates recog­ The R. Hunter Summers McFarland Professor of Law, they wake up." D nized for achievements Trial Practice Award, has been similarly honored during law school included presented by officers of by the Class of 1981. Geoffrey R. Kors and Jeffrey Serjeants-at-Law for out- In her keynote address,

44 Stanford Lawyer Fall 1986 Quad, and has since var­ iously solicited, loaned, or Students Argue donated much of the artwork Guns and Money that adorns its walls and in Kirkwood Finals spaces. Two paintings are shown The 1985-86 Moot Court here. Others works-also Board assembled an emi­ termed "challenging"- are nent three-judge panel May by such modern masters as 2 to hear final arguments in Alexander Calder, Robert the Marion Rice Kirkwood Motherwell, Jasper Johns, Moot Court competition. Sit­ Tom Holland, Sam Francis, ting as the high court were and Ron Davis. "Art of this Judge Richard A. Posner of quality is not like visual the U.S. Court of Appeals for Muzak," said Merryman. the Seventh Circuit, Judge "It has some punch." D William A. Norris '54 of the U.S. Court of Appeals for the Ninth Circuit, and Judge Cruz Reynoso of Prof. Merryman is seen at right with D. Ashbaugh's monument?1 the Supreme Court of To Russia (1980). The untitled California. Laddie John Dill painting (also The case developed for 1980) below contributes to the this year's competition ambiance enjoyed by such Crown Quad habitues as Mary Szews '88. involved two issues: first, whether government agents must obtain a warrant in order to conduct a search for information relating to foreign intelligence (e.g., weapon smuggling to Iran); and second, whether the government may see~ for­ feiture of tainted funds with which a criminal defendant seeks to pay his attorney. The students-Steven C. Silverman and Heidi K. Hubbard (both '86) for the government, and Nancy J. Spencer and Stacey L. Sovereign (both '87) for the defendant-responded effectively to vigorous ques­ tioning, with even a touch of humor, and brought the ca­ pacity crowd to its feet at the program's conclusion. "Having heard well over 2,000 arguments between us, we have a substantial base of experience," said

(Continued on next page) PHOTOS BY TIM HOLT

Fall 1986 Stanford Lawyer 45 5

the largest of its kind at any Yale College and to serve Law Faculty Serve major private university. as a Yale University trustee. in University-wide Posts More than a th ird of Stanford She is the second woman to undergraduates participate. be granted tenure at Stan­ ford Law School (in 1985). Several Law School profes­ in September 1985. A mem­ Keith Mann has been asked A scholar in the fields of sors have taken on impor­ ber of the faculty since 1979, by Provost James Rosse to both legal ethics and equal tant responsibilities in the he has lived and worked in analyze and seek ways to rights, she will continue to University community. Mexico, Colombia, and expedite University faculty teach half time while direct­ Brazil. grievance procedures. As ing the institute. Thomas Heller assumed The OSP program he now Consultant to the Provost on the directorship of Stanford's directs operates in 13 coun­ Faculty Affairs, Mann will Ja.ck H. Friedenthal was Overseas Studies Program tries and is believed to be work with Rosse and Assis­ elected chai r on Sept. 1of tant Provost Noel Kolak on the University Advisory reviewing the Statement of Board, on which he also Faculty Discipline, with an served last year. The Board KIRKWOOD FINALS (continued) eye to clarifying faculty is a seven-member group members' rights in the event that reviews every faculty of an investigation into po­ appointment, reappoint­ tential misconduct. ment, and promotion at Mann's qualifications for Stanford. this sensitive task include Friedenthal, the School's nearly 24 years as the Law George E. Osborne Profes­ School's Associate Dean for sor, has since February 1985 Academic Affairs (including been Associate Dean for Ac­ two stints as Acting Dean) ademic Affairs. He contin­ and long experience in ues also to serve as the labor-management relations University's faculty repre­ and negotiations. sentative to the NCAA and Pac-10, as well as president Deborah Rhode became of the Stanford Bookstore director of the Institute for board of directors. Research on Women and Gender (formerly known as Michael Wald has since Center for Research on 1984 been director of the Women), on September 1. Stanford Center for the She plans, during her three­ Study of Youth Develop­ year term, to strengthen the ment. His signal contribu­ Moot Court judges (I-r, back) Reynoso, Posner, and Norris '54 and Institute's research pro­ tions in the field of children finalists (front) Hubbard, Silverman, Sovereign, and Spencer. grams and financial sup­ and the law merited an Judge Posner before hand­ Judge Norris. "All performed port. "American society still award earl ier th is year from ing down the decision. "We to the highest standards of confronts significant obsta­ the National Center for Youth were all struck by the high our profession." cles to full equality between Law.D quality of the briefs and Top honors ultimately went the sexes," she said re­ arguments." to Spencer and Sovereign cently. "I nstitutes such as "If all lawyers performed for best brief and best oral Stanford's can playa critical this well in our courts, we arguments, with Spencer as role in identifying the roots of wouldn't have to worry about the single best oralist. "It's that inequality and the most whether clients could afford going to feel strange," said a promising strategies for to choose their own counsel!" happy Spencer, "to wake up change." observed Judge Reynoso. tomorrow and not have this Herself atrailblazer, "It's a sheer pleasure to case to think about." D Rhode was one of the first be here," added a smiling women to graduate from

46 Stanford Lawyer Fall 1986 Katzenbach Delivers Faculty Notes in the February 1986 Stan­ Phleger Lecture ford Law Review (38:623). Barbara A. Babcock spoke Marc A. Franklin has been April11 at a large English speaking widely on prob­ Department conference lems and alternatives in the on biography and autobiog­ law of libel. In Philadelphia raphy. Her topic-an out­ last October he delivered a growth of continuing work paper-"New York Times vs. on pioneer public defender Sullivan Was Right"-at a Clara Foltz-was "Recon­ conference cosponsored by structing the Person: the Philadelphia Bar Associ­ Research Problems in ation and the University of Biography." Pennsylvania Law School in commemoration of the 250th Thomas J. Campbell gave anniversary of the landmark a case demonstration of an Zenger trial. The 100th birth­ oral argument at the "Joint day of the Minneapolis Agreements in Health Care" Library was the occasion Visiting Prof. Katzenbach session of the ABA's Anti­ for another presentation that trust Section annual meet­ Former Attorney General Nicholas deB. Katzenbach month, on "Libel Law and Its ing, April9, in Washington, spent the spring term at the School and on April 18 Future." While in Minneapo­ D.C. On May 21 he testified presented the 1986 Herman Phleger Lecture. His talk, lis, Franklin also gave a fac­ before the Senate Judiciary which coincided with the annual meeting of the Board ulty seminar at the University Committee on merger law. of Visitors, was titled "The Impact of Television on the of Minnesota Law School. "The Supreme Court's 1986 Political Process." In November he appeared Term" was his topic on June Then a top IBM executive-Senior Vice-president, at a UC-Berkeley conference, 24, as dinner speaker for Law and External Relations, as well as a director and entitled Protection of Repu­ the Los Angeles County Bar member of the IBM management board- he has tation in a Democratic Association. He provided since joined the New Jersey law firm of Riker Danzig Society, to speak on "A De­ another high court update Scherer Hyland & Perretti. claratory Judgment Alterna­ on August 13 in New York Katzenbach came to national attention in the 1960s tive to Current Libel Law." In City, at the ABA annual con­ as a front-line member of the Kennedy Justice Depart­ March he gave the keynote vention. Campbell has also ment in the conflict over racial segregation. During speech-"The Libel Picture lectured for the Practicing the Johnson Administration he was Attorney General Today, and How We Got Law Institute, giving presen­ (1965-66) and Under Secretary of State (1966-69), Here"-at a national libel tations on joint ventures leaving in 1969 to join IBM. Also a scholar, he was symposium in New York July 10 in San Francisco, editor-in-chief of the Yale Law Journal (1946-47), a sponsored by the joint ABA/ and July 24 in Chicago. Rhodes Scholar (1949-50), a professor at both Yale ANPA (American Newspa­ (1952-56) and Chicago (1956-60), and coauthor Robert C. Ellickson went to per Publishers Association) (with Morton Kaplan) of The Political Foundations of Los Angeles in April for the task force. In April he pre­ International Law (1961). At Stanford he held the title annual conference of the sented the Coen Lecture at of Herman Phleger Visiting Professor and taught American Planning Associa­ the University of Colorado a course in Intellectual Property. tion, where he participated Law School, on the topic, In his Phleger lecture, Katzenbach explored some in a panel discussion of pro­ "Letters to the Editor: Toward of the implications of the fact that "television has all grams to require developers an Open Forum." And in but totally replaced the political party as the principal to contribute funds for low­ June, he gave a paper, conduit between our national government and our income housing. He also "Proposals for Libel Law citizens," and suggested one possible constitutional saw his study, "Of Coase Reform," at a Columbia Uni­ change: lengthening the congressional term of office and Cattle: Dispute Resolu­ versity conference in New from two to four years, with elections to coincide with tion Among Neighbors in York City. The conference- the presidential election. 0 Shasta County," published (Continued on next page)

Fall 1986 Stanford Lawyer 47 Henry T. Greely has been John Kaplan gave the Philip FACULTY NOTES (continued) involved in a capital case Hart Lecture at Georgetown begun on apro bono basis University Law School in entitled The Cost of Libel: of corporation law and during his Tuttle & Taylor April. His topic: "Does the Economic and Policy Impli­ corporation lawyers. And days. The subject of four Criminal Law Have Much to cations - was cosponsored in June, in London, Ontario, opinions from the Montana Do with Crime?" He was also by Columbia's Gannett Cen­ he served on the faculty of Supreme Court, Coleman v. the luncheon speaker at a ter for Media Studies and by the Western Ontario Risley recently reached the recent Boston University the Center for Telecommuni­ Summer Seminar in Legal federal level with an appeal, symposium, with a talk cations and Information History for Canadian argued by Greely on May 7, entitled "On Evidence and Studies of the Graduate law teachers. before a Ninth Circuit panel Theories of Probability." School of Business. Profes­ in Portland. Tim Ford '74 was And at Nova University in sor Franklin is currently William B. Gould IV lec­ a co-counsel. The decision, Fort Lauderdale he dis­ serving as chairman of the tured in Honolulu last March remarks Greely, "might be cussed the issue, "Can We search committee for a new on "Wrongful Discharge announced anytime in the Expect a Breakthrough Dean (see page 38). Law" at a conference with next few years." in the War on Drugs?" the title, Labor Law Issues Paul Goldstein testified on (His answer-"No.") Facing Japanese Compa­ Thomas C. Grey spent the Professor Kaplan has in the Report of the Office of nies Doing Business in the last week in June at North­ Technology Assessment, addition been named to U.S. and U.S. Companies western, teaching in the In­ the National Research Intellectual Property Rights Doing "Japanese-Style" ternational Summer Institute in an Age of Electronics and Council's Committee on Use Business in the U.S.: The for Semiotic and Structural of Laboratory Animals in Information, before a joint New Labor Relations in the Studies, a four-week course session of the U.S. Senate Biomedical and Behavioral U.S. His next appearance, for young scholars that Research. Subcommittee on Copy­ where he spoke on the fu­ brings together teachers rights, Patents and Trade­ ture of labor law, was at a in the disciplines of Law, Thomas F. McBride has marks, and of the House of UAW conference for local History, Literature, and been appointed by Gov. Representatives Subcom­ union officials, in Black Semiotics (the study of Deukmejian to the California mittee on Courts, Civil Liber­ Lake, Michigan. The Stan­ sign systems, including Council on Mental Health. ties, and the Administration ford Club in Kansas City language). Grey's subject The Council advises and of Justice. He also delivered heard him in April on collec­ was constitutional assists the state legislature two papers on related tive bargaining and profes­ interpretation. and the Di rector of Mental issues: "Infringement of sional sports. Later, at the Health in developing health Samuel R. Gross testified Copyright in Computer Pro­ University of Wisconsin Law plans and priorities, review­ on pending federal death grams," at Carnegie-Mellon School in Madison, he gave ing mental health services, penalty legislation, before during a Software Engineer­ a university-wide lecture, and promoting coordination the House Judiciary Com­ ing Institute conference "The Future of Wrongful Dis­ of community mental health mittee's Subcommittee on on The Future of Software charge Litigation and Legis­ resources. Members in­ Criminal Justice, May 7 in Protection; and "The Tech­ lation." In May he spoke on clude health professionals Washington,. D.C. In Chi­ nology of Copyright," to preemption and labor law and public and consumer cago May 3D-June 1for the the Los Angeles Copyright at the Los Angeles County representatives, of which annual Law and Society Society. Bar's Southern California Associate Dean McBride meeting, he participated in Labor Law Symposium. That isone. Robert W. Gordon deliv­ a panel on racial discrimina­ month he was also awarded ered the Susman, Godfrey & tion in capital punishment, Miguel A. Mendez is spend­ the LL.D. by the University McGowan Centennial Litiga­ chaired a second panel on ing the Fall term as visiting of Rhode Island. He has in tion Lecture at the University expert evidence, and gave professor at the University addition recently written of Texas Law School, in a special presentation on of Vermont. He and former op-ed pieces on baseball, April, on "Virtue, Commerce Lockhart v. McCree (the Assistant Dean Victoria discrimination, and affirma­ and Lawyers." In Chicago subject of his At Issue piece Sainz Diaz '75 (who is also tive action, for the Boston in May, he gave one of the on pp. 11-). visiting at Vermont) were Globe, San Francisco two leading papers at an married June 2 in Stanford's Examiner and Chronicle, American Bar Foundation Memorial Church. conference on the history and New York Times.

48 Stanford Lawyer Fall 1986 John Henry Merryman was April under the sponsorship "Prevention of Child Abuse he conducted a training recently appointed chair of of the Houston Law Center. -What Do We Know?" session in Monterey for all the Visual Arts Division of the At the second, sponsored published in Family Law California juvenile court ABA's Forum Committee on in May by the Canadian Quarterly. And last March judges. 0 Entertainment and Sports Institute for Advanced Law. He has also been Research, he spoke on named to the Legal Advisory "Deterrence and the Tort Board of the International System." Rabin has also Foundation for Art Research written articles appearing (IFAR) in New York City. in current issues of Stanford Though now emeritus, he Law Review and Journal of continues to teach (Art and Legal Studies. the Law), be published ("Thinking About the Elgin Deborah L. Rhode became Marbles," Michigan Law Director of Stanford's Insti­ Review 83:8), and make tute for Research on Women public appearances (the and Gender, on September Art Department's "Great 1 (see page 46). Last spring Debates" of last winter). she delivered the Banken­ The latter, which featured baker Lecture in Profes­ Merryman and Art Professor sional Responsibility at the Albert Elsen, dealt with the University of Montana Law proposed removal from Fed­ School. A paper based on eral Plaza in New York City of her recent AALS address Richard Serra's "Tilted Arc" on solicitation has recently and whether the Elg in Mar­ been published in the b
es' now housed in the Brit­ Journal of Legal Education. ish Museum, should be re­ Two other articles have ap­ White House Fellowships turned to Greece. peared in edited collections: Merryman's artistic legacy to "Feminist Perspectives on the School is the subject of a Legal Ideology," in Oakley the fellowship program what fellows do piece on pages 44-45. and Mitchell, eds, What is The White House Fellowship During their one year assignments Feminism; and "Justice, A. Mitchell Polinsky has program is beginning its in Washington, Fellows serve as Gender and the Justices," twenty-second year and is special assistants to Cabinet returned from a sabbatical designed to provide gifted and secretaries, or senior members of in Crites and Hepperle, eds, year at the Hoover Institu­ highly motivated Americans the White House staff. Additional­ Women, the Courts, and firsthand experience in the process Iy, Fellows participate in an exten­ tion, where he was a Equality. of personal involvement in the sive education program including National Fellow. He gave a leadership of their society. seminars with top government of­ number of lectures during ficials, leading scholars, jour­ Michael S. Wald was an in­ who is eligible nalists and private sector leaders. the spring on liability and vited speaker at the annual U.S. citizens are eligible to apply how to apply litigation costs-in Wash­ C. Henry Kempe Center during the early and formative ington, D.C. at the Federal Conference on Child Abuse, years of their careers. There are Application forms and Trade Commission and the no basic educational requirements additional information can be May 19-23, in Keystone, Col­ and no special career or profes­ obtained from: Department of Justice, and orado. In August he was in sional categories. Employees of President's Commission the Federal Government are not on White House Fellowships, in Chicago at the University Sidney, Australia, to serve of Chicago Law School's eligible, with the exception of 712 Jackson Place N.W., as a keynote speaker at the career military personnel of the Washington. D.C. 20503. Law and Economics Fifth International Confer­ Armed Services. The commission (202) 395-4522. Applications are Seminar. seeks candidates of demonstrated accepted from June I to en

Fall 1986 Stanford Lawyer 49 , (",~ ATHERINGS AST COAST graduates recently Ewelcomed Dean Ely at receptions in Washington, D.C. (Sept. 23), Boston (Sept. 25), and New York City (Sept. 29). The Dean discussed developments at the School, fielded questions, and greeted old and new acquaintances in each of the three cities. John Gilliland, Atthe California State the newly appointed Associate Dean for Bar luncheon: Speaker Development (see p. 38), was also on Paul Goldstein, Lillick hand. Thanks go to Neil Golden '73 in Professor ofLaw (above); D.C., Ellen Corenswet '75 in Boston, alumni Bob Clifford '51, and Heidi Duerbeck '72 in New York for Sam Barnes '49 and Lew helping arrange the events, and certainly Fenton '50 (1-r, center); to Joe Scudder (AB '27) for picking up Victor Beauzay '51, Dean the check in New York. Ely and Judge Robert On July 16, the Stanford Law Soci­ Hinrichs '65 (1-r, below). ety ofWashington, D.C., entertained a different kind of West Coast ambassa­ dor-11 different California wines, which were compared with six Frenchvintages (all chardonnays) at a wine tasting planned by Neil Golden (again) and Bob Carmody '62. Word has it that the California varie­ tals more than held their own. Some seventy alums and summer associates turned out for the occasion, which took place on Covington & Burling's roof ter­ race overlooking Pennsylvania Avenue. Earlier in the year, on May 19, the D.C. group also sponsored (with the lo­ cal Stanford Business School Alumni As­ sociation) a reception featuring a talk by U. S. Trade Representative Clayton Yeutter. The Hart Senate Office Building

78 Stanford Lawyer Fall 1986 Bay Area graduates and students.at the August14 San Francisco reception includedJenni/er Drobac and Karen Klein (both in the Class of1987) and Margaret Caldwell '85.

sampled wine and cheese at the late afternoon gathering, which was followed by an alurrmae panel discussion for law students on career alternatives. On July 11, up Puget Sound way, Col­ VAL FLESCH leen and George Willoughby '58 once again opened their Bellevue home to the was the place and the indefatigable Neil the School's involvement with the fledg­ WashingtonLawSocietyfor their an­ Golden on-site coordinator. ling law clinic. And Visiting Professor Bill nual barbeque. Newly elected President Another opportunity for Eastern al­ Hing and EPACLP Executive Director Margaret Niles '83 welcomed slimmer ums to mingle was provided August 11 Susan Balliet described the ways in which clerks as well as alurrmi/ae. In addition to by the Stanford reception at the ABA students participate in the Project's many the hosts, Rob Thomas '78 gets sincere Annual Meeting, held this year in New programs and services. thanks for his picnic planning skills. York City. More than 85 graduates showed The San Francisco Law Society The Southern California Law So­ up at the Hilton for the event, which got summer under way with a June 18 ciety got in the swing August 16 with a Included a briefing by Professor Bill Bax­ luncheon at the Hyatt Regency. As guest "Hollywood Bowl Night," featuring Andre ter on news of the School. speaker, Professor Thomas Heller con­ Previn and the Los Angeles Symphony The School's traditional California sidered the "Changing face of Stanford Orchestra performing Beethoven's Ninth. State.Bar luncheon gathering, which Education. " More than 50 graduates and guests found took place Sept. 15 at the Monterey The San Franciscans gathered again their way to the Stanford flag marking Sheraton, drew a crowd of fifty gradu­ on August 14 for a reception cohosted the pre-concert tailgate. To Chris Mc­ ates. Dean Ely was present to provide with Stanford Women Lawyers. The Nevin '83, who made all the arrange­ an update on the School and to introduce event, held for the Class of '86 and cur­ ments, a hearty Encore! Prof. Paul Goldstein, who discussed the rent Stanford law students, took place in Last but hardly least is the Sept. 26 fast-shifting area of intellectual property the Golden Gate Room (breathtaking meeting of Oregon alums during the Or­ rights law. Also there were Associate view) at the Bank of America World egon State Bar Convention, held this Dean Gilliland, Law Fund Director Eliz­ Headquarters Building. More than fifty year in Vancouver, British Columbia. The abeth Lucchesi, and Alumnilae Relations graduates were there to visit with each group elected Mary Ann Frantz '78 as Director Susan Huch. other and hear Associate DeanJack Frie­ president; Jerry North '75, vice-presi­ Other West Coast events of the past denthal talk about the School. Frederick dent; and John Barlow '81, secretary. few months include a special reception Caspersen '71 and Don Querio '72 de­ Joining them as special guest was Susan given at the School on May 14 to tell serve mention for their assistance. Huch, who described current activi­ members of local law firms about the Stanford Women Lawyers had earlier, ties of the Alumni/ae Relations office. East Palo Alto Community Law on April 22, held a reception at the School Credit for the event's success goes to Project. Dean Ely and Peggy Russell in honor of women members of the Law the society's outgoing president, John '84 (one of the Project's founders) traced faculty. Over fotty graduates and faculty Hassen '65. D

Fall 1986 Stanford Lawyer 79 LETTERS

To the Editor: In your Spring 1986 issue appears an article entitled "Taking a Walk: The U.S. and the World Court;' by Judith C. Appel­ baum, Class of '77. Ms. Appelbaum is identified as a partner in the law firm that serves as counsel to the Government of Nicaragua which filed the action against the United States, which at once gives her credence and yet could establish a bias. The. article's critical appraisal of the high-level U.S. Administration action in the matter in an international forum, I believe requires a reply or rebuttal thereto by someone equally informed, for publication by you, and I do hope it will be possible, in all fairness, to do so. As I recall it, the "media" reports that came to my atten­ tion in this regard only briefly discussed the Administration's reasons. Your magazine is, in my opinion, a very worthy effort, and a welcome reminder of my academic years.

William C. Stein '31 Beverly Hills, California * welcome debate and are thus pleased to publish on pp. 14ff. an opposing view of the US. /U0rld Court issue, as seen by former State Department attorney-advisor Michael J Danaher '80-ED.

80 against Nicaragua. In other words, the and the World Court," Stanford Lawyer, WORLD COURT U.S. may not use force against Nicaragua Spring 1986. to defend El Salvador from Nicaraguan (Continued from page /5) 2 See, for example: Reisman, "Has the 5 subversion. International Court Exceeded Its Juris­ This holdingadopts a Iegal theoryadvo­ diction? ," 80 Am. J Int'l. L. 128 (1986); cated by some third world states but declaration accepting the Court's com­ andFranck, "IcyDayatthe ICJ," 79Am.J rejected by the U.S., the United Nations pulsory jurisdiction- a declaration that, Int'l. L. 379 (1985). and most authorities on international law. however, contained a reservation exclud­ It is a dangerous theor~ One dissent 3 TheJudgmentand separateopinions are ing disputes "concerning activities con­ called it "a prescription for the overthrow reprinted in 24 International Legal Mate­ nected with national defense." France of weaker governments by predatory rials 38 (1985). maintained that the Courtlackedjurisdic­ governments while denying potential vic­ tion. The French nuclear tests were as 4 Jerzi Sztucki, Professor of Law at the tims whatin some cases may be theironly unpopular then as U.S. CentralAmerican University of Uppsala, wrote that, "The hope of survival."6 After reading the policy is now, and the Court's decision, circumstances surrounding the Court's Court's Judgment, the U.S. may well then as now, reflected the prevailing poli­ decision [denying El Salvador's motion to conclude that the desired development of tics. In order to grant "provisional mea­ intervene] might reinforce the suspi­ international law might be retarded if the sures" (the World Court equivalent of a cion - noticeable in other aspects of the presentCourtdecided more casesinvolv­ preliminary injunction), the Court implic­ Nicaragua case - of politicization of judi­ ing the legal right of states to respond to itly reached the remarkable conclusion cial proceedings and anti-Western bias." terrorism and cross-border support for that Frenchnuclear tests might not be con­ Sztucki, "Intervention Under Article insurgencies. nected with France's "national defense." 63 ofthe ICJ Statutein the Phase of Prelim­ And the future? Shortly thereafter France terminated its inary Proceedings: The 'Salvadoran The U.S. will continue to consent to declarationacceptingthe Court's compul­ Incident'," 79 Am. J Int'l. L. 1005, the Court's jurisdiction by special agree­ sory jurisdiction. 10036 (1985). ment and by treaty, when appropriate. In short, highly politicized disputes 5 Case Concerning Military and Paramili­ Some disputes will carry too much politi­ may not receive the impartial, judicial tary Activities In and AgainstNicaragua, cal freight for the Court to bear. Some consideration that declarant states para. 195. disputes will involve unsettledareas ofthe Judgment, expectedwhenthey accepted the Court's law not suited for the Court's considera­ 6 Id., Separate Opin. (Schwebel), para. compulsoryjurisdiction. tion. Somecases, suchas the U.S.-Italian 177. One final point of theory: even a state expropriation dispute, may be submitted that is willing to accept Court jurisdiction to five-judge "chambers" of the Court, over most disputes may find a particular where the selection of judges may miti­ dispute unsuited for litigation. One of gate political and other concerns. (The many possible reasons is the lack of inter­ chamber procedure is not available under national agreementonthe applicable legal IN MEMORIAM compulsory jurisdiction.) As always, (Continued from page 77) rules. Many areas ofinternational law are most disputes will be handled by diplo­ not settled, often because of ideological matic means. differences. In such instances, the The U.S. will, I hope, approach the developmentofthelawis affectedbystate and chaired the Thirty-fifth Reunion­ Court without illusions, recognizing both practice, by bilateral and multilateral where he again enthusiastically led the old its importantrole in the internationallegal treaties, and by decisions of international yells. Craig also found time to serve as system and its limitations. U.S. policy­ tribunals. For example, in cases such as a host at Phoenix receptions honoring makers must be guided by a realistic visiting Deans and was a charter member the Gulf of Maine case brought by the assessment ofthe Court, not byromantic of the Board of Visitors (1958-63). U. S. and Canada, the Court's judgments myths about the marble Peace Palace in "Twenty years ago, when we were on have helped shape the law of maritime The Hague. D the Board of Visitors, Wally Craig foresaw boundary delimitation. Often, however, the problem of legal ethics," remembers the U. S. may not wish to allow the Court Michael J. Danaherpractices business Nate Finch '34 of Palo Alto. "His concern the opportunity to influence the develop­ and international law with the San Fran­ led to strengthening the ethics course­ ment of controversial areas of the law. cisco firm ofHoward, Rice, Nemeravski, work at the Law School." Again, the Nicaragua case provides a Canady, Robertson & Falk. He was for­ Dean Ely paid tribute to Judge Craig in good example. As the Court interpreted merly an attorney-adviser in the Depart­ a July 3, 1986, letter to his widow: "He the law, even if Nicaragua is arming, ment ofState's Office ofLegal Adviser. was a distinguished member of the legal supplying and supporting rebel forces profession who will long be remembered that commit terrorist and subversive for his dedication to public service. We acts in ElSalvador (a conclusion the Court Footnotes at the Law School take great pride that he did not accept), El Salvador has no right was so closely associated with Stanford." to engage in "collective self-defense" 1 Appelbaum, "Taking a Walk: The U.S. -Richard E. Ryan '34

Fall 1986 Stanford Lawyer 81 5

FORTH€OMING 198~86 JanetZykorie LegalSearch, Inc. ANNUAL: Attorney Recruitment and Placement NATIONWIDE Superfunp andHazardous • PATENT • TRADEMARK Wastes • COPYRIGHT (estimated publication date: Call or Write in Confidence March 1987) Janet Zykorie PRESIDENT $10. (California residents add $.65 sales tax.) Janet Zykorie RO. Box 20709 Postage and handling $1.50 Legal Search, Inc. New York, N.t: 10025 (212) 362-1709 Recent handbooktopics include Wilderness Preservation, Land UseRegulation~ Western Water Law, and Historic Preservation. Grossman & Co. was founded in November 1981 with the objective of achieving consistently superior Please seAd for a'free brochure. investment returns with a relatively low level of risk. Here are the results through 6-30-86:

Stanford, Environmental LawSociefy 22.8% average annual compound return. Stanford Law School These results have been achieved through a flexible Stanford, CA 94305-8610 investment strategy centered on buying undervalued (415) 723~4421 New York Stock Exchange listed stocks, butincludingthe purchaseofconvertible bonds andtheselectedsellingof covered call options. Dennis Grossman, the founder and president, who managed the accounts during this period, will manage your account. The minimum initial investment is $50,000. For further information, including a free brochure, call or write: ~~!2~~9!!2E~E~;

90 Broad Street New York, N.V. 10004 212 - 422-3056 Member NASD and SIPC

82 illlT:~--

~- - ~ Thousands of Attorneys have discovered that our life insurance and long term disability insurance plans cost a lot less than other group plans for Attorneys. Group Term Group Long Term Life Insurance Disability Insurance up To $250,000 up To a $5,000 Monthly Benefit Underwritten by: Underwritlen bJl: i ~r-~ !a:1~ AlG == INSURANCECOMPANY ~,. A Member Company of THE HARTfORD "IL., American International Group The Insurance People of ITT For additional information call toll-free today: 1-800-323-4487 (In Illinois - 1-800-942-6743) Administration office is open 9 am to 5 pm Central time. Attorneys Group Insurance Trust 16565 South State Street, South Holland, Illinois 60473

(@!~AijDOutstanding Group Insurance Protection For The Legal Profession Sinoe t971

This announcement is not an offer or solicitation for insurance. Plans mentioned above are available only during special enrollment periods and are not available in some states. Information may be obtained by calling the Administration Office at the toll-free numbers above. The Trust offers plans through the mail. We have no salesmen, nor do we ever solicit by telephone. ADVERTISEMENT