Hastings Law News Vol.10 No.5 UC Hastings College of the Law

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10-31-1977 Hastings Law News Vol.10 No.5 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.10 No.5" (1977). Hastings Law News. Book 99. http://repository.uchastings.edu/hln/99

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The University of California Hastings College of the Law

Vol. X No.5 SAN FRANCISCO October 31,1977

THE NEW S. 1.· AN OFFICIAL NOBEL PRIZE WINNER AMNESTY SECRETSACT INTERNATIONAL TO SEND

Senate Bill 1437, sponsored by SPEAKER HERE NOV. 14 Sen. Edward M. Kennedy and Sen. John McLelland, is a revised version Wendy Turnbull, Project Director of Senate Bill 1 , one of the most con- of Amnesty International' s Western troversial pieces of legislation intro- U.S. headquarters is scheduled to duced in the last Congress. The pre- speak at Hastings on the organiza- vious bill, S.l, was the target of a tion's human rights work throughout well-orchestrated campaign by both the world. She will also discuss increasing concern in Washington and extremes on the political scale, as a among Americans for human rights liberal "sell-out" and a right wing conditions in foreign nations, and " nazi plot." Some of the obnoxious developments in the area of immi- aspects of S.l remain in 5.1437, gration law and political refugees. while some other undesirable pro- The discussion is to be Monday, visions have been deleted. In an at- Nov . 14 at 4:30 in Room B, during tempt to garner political support for the scheduled seminar hour of the S. 1437, a modicum of "liberal" civil DSIL. and personal liberties have been Amnesty two weeks ago received included. This special insert will at- the Nobel Prize for Peace for its tempt to summarize some of the key tions of intent should not suffice to campaign, begun in 1961, on behalf provisions, their ramifications, and prompt support for 5.1437, in the of the basic physical and political the response from both ends of the absence of a pOint-by-point analysis rights of people in the International political spectrum. of the key provisions. community. In recognition of the The development of any federal Under § 1333 of 5.1437, a news- organization' s long effort and grow- criminal code is inherently a difficult man could be jailed and fined for re- ing impact, the award drew a link Wendy Turaball, of the We.tern ReaJon· process. The task of selecting the fusing to testify or divulge informa- between world peace and Amnesty' s al Beedq1lUten of AmDeaty, bued In SUI substantive provisions of the existing tion in order to protect a confidential FruacllCO. CommentlDa ｾｮ､ｹ＠ on the multi-fronted campaign for the pro- orgUllzadoD" receipt of the Nobel Peace code thought to be in need of re- source. A companion section, § 1311 , tection of fundamental human "amping, the ascertainment of new Prbe uad ADme.tr'. effec1h-eDeN, abe would permit a police officer, with- rights. laid: "Governmentl don't mind lDrtnrtDa proposals, and the marshalling of out a subpoena, to demand the pos- The organization' s structure con- people, bnt they dOll't waat aayoae to political support necessary for ratifi- session of a reporter's notes or sists of its International Secretariat Imow lIboat It." cation is not an easy one. The photographs. Failure to comply in London , with a staff of over 100, technical task of drafting such a cri- would subject the reporter to prose- and National Sections organized tical piece of legislation is over- cution, with a possible jail sentE.nce within 33 countries activities have involved Amnesty In shadowed by the monumental ob- and a heavy fine. If the reporter had Amnesty has been accorded con- over 100 countries stacles to ratification. a legal privilege recognized at law as sultative status with the UN , the The legal committee has acted on Although the intentions of Sen. a basis for refusing to testify, this OAS, the Council of Europe, and the behalf of lawyers who have been Kennedy are admirable, a generally defense would be presented at trial. Organization of African Unity It punished or imprisoned for repre- "liberal" bent on personal rights However, the interim "chill" cannot reports to and makes inquiries also senting unpopular clients or causes. ｾｮ､＠ liberties cannot outweigh the be dispelled by ex post facto adjudi- through the U S. State Department The membership of the committee erosion of our democratic processes cation. In short, 5.1437 allows more and-scores of governments. Amnesty consists of judges, lawyers, law pro- _rising out of 5.1437' s provisions re- restrictive governmental control of monitors and investigates as closely fessors and law students in the U.S lating to freedoms of speech, press, speech and press. as possible reports and individual State Department inquiries about and assembly. General characteriza- CONTINUED ON PAGE 10 testimony of arrests, detentions, dis- cases identified by Amnesty and appearances, mistreatment, torture, urged by lawyers have brought the and executions of prisoners of con- release from detention of numerous science. Amnesty defines " prisoner imprisoned attorneys . Legal re- of conscience" as someone who is search, legal action in domestic and I nside punished solely for his or her ideas, international forums, and missions race or religion and who has neither to observe foreign trials are tactics used nor advocated violence. used The Law ...... •.....•...... 5 One hundred thousand active Amnesty International estimates members perform the bulk of Am- that there are over 500,000 prisoners nesty' s work which, in 50% of the of conscience in 100 countries IThe Arts ...... •6 cases designated for "Urgent Ac- throughout the world, and the fol- tion", has brought about an im- lowing countries have been identi- provement in the condition of some- fied as gross violators of the funda- one who IS being physically or psy- mental human rights described in chologically degraded, threatened the UN Universal Declaration of [The Arts ...... 7 with death, secretly imprisoned or Human Rights Brazil, Chile, South held without trial Korea, South Africa, USSR, Iraq, Amnesty's members operate Iran, Uganda, Pakistan, Libya, East through adoption groups, an urgent Germany, and Czechoslovakia. action network, profeSSional com- There is a human rights committee IAlumni/Development ...... 20 mittees, action groups for cases active at Hastings, which now sends , where torture or execution is in- telegrams regularly as a part of volved, through letter-writing, and Amnesty' s Urgent Action network. also through a special section which The coordinator is Deborah brings individuals out of danger Kaufman. ｾＮＬｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠ through c1andestine_c_h_a_n_n_e_ls_._T_h_e_s_e ______b_y_Mor __ Ｇ｟｡ｮ｟ｄｯ｟ｹｾｬ･＠ o HASTINGS LAW NEWS Non-Profit Organization u.s. POSTAGE Hating. College of the LIIw PAID Unlvenlty of Cell'omle San Franciaco, Ca. ,. MeAlII..... St. Permit No. 10286 len Frencleco, Ce. 14102 October]1, Bulletin' Board

ANNOUNCEMENTS

BUY NOW HASTINGS LAW PARTNERS PRESENTS RED TAG SALE DAYS at the Discovery Shop at 65 Hydel Many reductions, some In a cast of thousands GROUCHO MARX will make his debut in "AT THE 50 % . A donation of Dew women's shoes will be sold at .1.00 a pair. Remember the CIRCUS " a classic film of the 1930's featuring all the Marx Brothers at their best. dates: Tuesdays, November 8th and 22nd, from 10 a.m . to 3 p.m. (note new longer Some of'the comedy is Groucho's most well-known skits. So sing along with hours). Groucho's "Lydia the Tattooed Lady," and ｳｾ･＠ the Elephant ｾ＠ the striped pajamas, on Friday, November 4, 7:30 p.m. ID classroom A. ｔｩ｣ｫ･ｾｳ＠ can be FACULTY AND CLASSES purchased in advance, drop a note in locker 1219, or call 648-4373. Price: $1.00, refreshments and raffle following the movie I The Faculty Curriculum Committee is currently considering several proposals which directly concern students. One proposal would add a one-semester CALENDAR GOOF Constitutional Law class to the first-year curriculum. The Committee is also considering whether the second-year program should include additional mandatory The Calendar for 1977-78 published on page 5 of the New Hastings Catalog is courses. off by one day in some important places. As the student representative on this Committee, I am interested in receiving Please note the following important dates: additional student input on curriculum matters. If you should have comments on November 11 Holiday (new) the above proposals or other curriculum suggestions, please leave a note in locker November 24-25· Thanksgiving Recess #1247 or speak with me, Alan Porter. December 2 Last Day of Instruction December 5-19 Final Examination SCHOOL NOTICES December 1-15 Registration (fee payments) EXAMINATIONS. As examination time is approaching, the existing rules of the January 3 Instruction Commences College as to change in examination dates are listed below. Per agreement with February 20· Holiday the Associated Students of Hastings, the following rules have been promulgated: March 20-24 Spring Recess 1. Reqeusts may be made for an individual change in the examination day, April 21* Last Day of Instruction where a student has a conflict in the exam schedule consisting of two exams at the May 1-19· Final Examinations same time, or two examinations on the same day. No requests will be honored May 20· Commencement where the student has two exams on two consecutive days, including where the student has an afternoon exam on one day and a morning exam on the succeeding ·noted incorrectly in catalog day. Petitions are available in the Records Office and must be submitted to Room 111 by November 10. 2. As to medical excuses, if students are able, they should go to the Health Service and obtain a medical excuse. If students are unable to go to the Health TYPISTS-SIGN UP NOW! Service, they should notify or have someone notify the Records Office of their DEADLINE: NOVEMBER 4, 4 p.m. inability to come to the College for the examination. Any illness must be verified A sign-up book for Typing an exam is available at the Information Desk. The by a medical certificate. deadline to sign up is 4 p.m. on the 4th of November since staff must begin the 3. Arrangements for making up missed examinations must be made within a selection of exam sites by subtracting typists from room capacity. This is one reasonable period of time. If students are unable to make up an examination deadline which is Dot flexible. Act now. Ask your instructors if the exam lends during the examination period, they must make up that examination at the next itself to typing, or is multiple choice. time it is regularly scheduled.

FINANCE COMMITTEE PROF. PRUGH TO SPEAK ON LAW OF WAR The Finance Committee will hold a public hearing from 5:30 through 7:30 p.m. Professor George S. Prugh, former Judge Advocate General of the U.S. Army, at 207 Golden Gate, on November 2, 1977 to discuss their tentative recommen- will address the Dickinson Society's Seminar on International and Comparative dations with regard to the funding of Hastings student clubs and organizations. Law next Monday, November 7 at 4:30 in Room 219. Professor Prugh will discuss All interested parties welcome. the Diplomatic Conference on Armed Conflict, which he attended as a member of the U.S. delegation, and which ended this year.

Published biweekly during the school year, except during holiday a Tom Garvin ...... " Editor exam periods, at Hastings College of the Law, University of Californ 198 McAllister Street, San Francisco, California 94102. Our phone . is [415] 557-1997. The newspaper has a circulation of 10,000. Larry Falk ...... Managing Editor thousand copies are distributed at Hastings, and eight thousand rnln,"'c;" are mailed to alumni, judges, law schools, law firms, libraries and "",''V,,,,,,. Brown ...... [The Law] Associate Editor throughout the state of California. Larry Fahn ...... [Alumni/Development] Associate Editor The Hastings law News as the Hastings student legal publica Jeff Kimmel ...... [COmmunity News] Associate Editor serving the entire legal community, serves as a platform for Jules Kragen ...... (The Arts] Associate Editor expression of student opinion, a mechanism for enhanced communica Martin Pulverman...... (Opinion] Associate Editor between Hastings and the organized bar, and as a public forum for a Raymond Pulverman ...... [Opinion] Associate Editor written by students, faculty, staff, and outside contributors. The Tom Hesketh ...... Associate Editor volume was designated the Best Overall Law School Newspaper in Scott Sachnoff ...... Associate Editor California by the American Bar Association. Peter ｎ･ｬｳｯｾ＠ ...... Contributing Editor We encourage publication of divergent viewpoints . All manuscripts Alan ｓ｣ｨｾｬｫｲｮ＠ ...... Contributing Editor or letters must be typed double spaced on white bond. The Hastings uw ａｉｾ｡ｮｹ＠ HilL ...... Contributing Editor News assumes no responsibility upon receipt of unsolicited manuscripts. Michael ｾ･ａｮｧ･ｬｩｳ＠ ...... Contributing Editor © Copyright 1977 by the Hastings uw News . All rights are reserved. Ira C. Stern ...... Contributing Editor Postage paid at San Francisco, California. The Hastings uw News is represented nationally for advertising by the What' s Your Line Graphics ...... Typesetting National Entertainment Advertising Service [NEAS]. Additional Advertis- represenation is provided by [CASS). Advertising inquiries should be directed to Advertising Director, Hastings Law News, Hastings College of the Law, University of California, 198 McAllister Street, San Francisco, California 94102. The opinions expressed are those of the author. All submitted manuscripts must be signed by the author. The views expressed are not necessarily those of the Hastings uw News or of Hastings College of the Law. This is a student publication. IIktIob4!r31,1977 3 Community News

IRVING YOUNGER SPEAKS AT HASTINGS CENTER FOR TRIAL AND APPELLATE ADVOCACY

It was the sixth game of the World Younger is a man who no longer Series and the Yankees hosted the (or perhaps never) knew failure. No Dodgers before a sell-out crowd in one is more solidly grounded in New York. Millions of Americans got aptitude. Sitting as a trial judge in off work early so that they could New York City, Younger could field watch the first inning of what was questions like the best of them. to be the final game of the 1977 When attacked with a " ... but your World Series. But this Series that honor, how can you sustain that had lured millions of Americans to motion?" he would suffer feelings of their TV sets for over a week was not hopelessness and inadequacy only enough to dissuade a sellout crowd momentarily before snapping: of trial lawyers, students and judges "Counsell I'm not here to answer from tuning in on Irving Younger. your question, just to judge." amine a dog. (Normally a dog's sports. Though you may find it a What is it about Younger that he Younger is a connoisseur of the "woof" is hearsay.) He despises the contradiction in terms, he exempli- can draw sellout crowds the way the courtroom. He is not satisfied with Mann Act, calling it vague and fies the epitome in legal comedy. Yankees do? Charm. Talent. Hours advance sheets, reports, or briefs. unconstitutional. Who could argue? Where have you gone Bill Prosser? and hours of performing before oth- He wants to know the witness, the He is able to stay awake while Younger says he would like to try ers. If you asked me to describe the judge, the counsel, and of course, reading (and relishing) one of one more case given the opportunity man in 33 words or less, I would start the jury, "who knows aiL" ,Cardozo's baroque dissertations. Al- to prosecute John Mitchell. Younger with unbounded enthusiasm, cour- Younger is the ultimate raconteur. though Younger admits he hears describes himself as an experienced age, a man that won't be intimi- His delivery is explosive. His tone church organs every time he reads courtsman. He seems satisfied set- dated, a man with an extraordinary rises like a thermometer plunged one of those opinions. tling into his professorship at Cor- capacity for work, a man who does into boiling water and can run at a I think they stopped making Irving nell. Younger is a Samuel S. Leibo- not hide behind pretenses, and a steady 212° for twenty minutes and Youngers around 1900, but somehow witz Professor of Trial Techniques man who would fight before he did with his story about Whimpy of Irv squeaked through to show us that and teaches evidence at Cornell Law switched. I don't know where to stop Popeye fame. I bet he could hold his probity, scholarship, and earnest School. It seems that he fares well in except to say that the man has utter breath forever. dedication are still virtues. Certain the California sun and with his com- confidence. He cannot be restrained. He speaks of the law with which he people seem to exist mainly because ing to Hastings, last week, it makes Younger indulges in anecdotage the is "intimately familiar." He hates someone has written about them. me wonder if he doesn't travel as way Reggie Jackson swings a bat. judges who employ Latinisms. (i.e. Not so with Younger. You have to much as Billy Martin. He lobs a complex theory of cross- He is guilty because his actions were see him to believe him . What he has by Martin Pulverman & examination the way Charlie Hough the res gestae of the crime.) He feels done to the law of evidence is what Raymond Pulverman delivers a knuckleball, with finesse . confident in his ability to cross ex- Jim Murray did to the world of

SOCIAL LIFE AT ｈａｓｔｉｎｇｓｾ＠ PHI DELTA PHI ELECTIONS

Do you feel the need for greater . we have some S derived from the Phi Delta Phi election results were We will soon be holding a meeting social intercourse at Hastings? (Is pinball and foosball machineo; to announced and celebrated Friday, to discuss the plans for the coming there no journalistic propriety?) Are spend. Oct. 21 at our bi-weekly meeting at year. Members will be contacted you sick of staring Stare Decisis in If you're a group, organization, or John Barleycorn's. The new officers shortly regarding time and place. the face? Does Res Ipsa Loquitur individual, wanting to put on a social for the coming year are: Roxane In the meantime, we will continue no longer speak for itself to you? Are event open to all students, we'd like Carvajal, Magister; Art Fisher, Vice- to meet bi-weekly at John Barley- you sick of inane law school puns? to hear about it, and maybe we can Magister; Gloria Carrillo, Secretary; corn's. The next get-together will be Well, we are. We're the Arts and help. Even if you're not the organ- Barry Engel, Treasurer; Elaine Friday, Nov. 4 from 4:00 P.M. to Recreation Committee of A.5.H., izing type, but have some ideas of Tippton, Rush Chairperson and 6:00 P.M. Everyone is welcome. and dedicated to the proposition that events that you'd like to see take Patty Kaites, Social Chairperson. by Roxane Carvajal academics, like rat poison, has its place, tell us . To do that, just place a Good luck to all. Magister time and place. note in the Arts and Rec. box in the We'd like to see more social inter- A.S.H. offices at 55 Hyde. action, more parties, more enter- by Arts & Rec. Comm. tainment, etc. To help that happen, PLACEMENT NOTES "BY POPULAR DEMAND" SANTA BARBARA COUNTY DIS- TRICT ATTORNEY'S OFFICE: By popular demand, our very own Nancy E. Sieh, Assistant District FEDERAL TRADE COMMISSION: law school tailor is returning from Attorney of Santa Barbara County Hong Kong next month. Numerous will be on-campus on Friday, No- Second and third year students interested in employment opportuni- students requested more advance vember 4, 1977, to discuss employ- notice of his visit so they could save ment opportunities with the District ties with the Federal Trade Commis- sion should pick up an application at up for it. Attorney's Office. All students in- He'll be at the San Francisco terested in exploring employment the Placement Office. APPLlCA· TIONS MUST BE COMPLETED Hilton November 28th and 29th and, opportunities with this office should for the convenience of our East Bay attend this one hour meeting to be AND RETURNED TO THE PLACE· MENT OFFICE BY NOVEMBER 1, students, at the Boatel Motor Lodge, held from 8:40 a.m. to 9:30 a.m. in Jack London Square, Oakland, on room 207, Golden Gate. 1977. The Placement Office will forward all applications to Washington, November 30th and December 1st. RECINALD HEBER SMITH D.C. on November 2nd. Reputation for quality fabrics and COMMUNITY LAWYER FELLOW· workmanship at such reasonable SHIP PROGRAM: The Placement Office will be open prices is becoming common know- their humor, intelligence & un- on Friday, November 11th for all ledge around the school now, and it abashed indecisiveness. The Reggie Program, funded by students scheduled for interviews was almost like a party amid the The clothing ordered during this the Legal Services Corporation, of- with Covington & Burling - Wash- swatches of materials and the design last visit will be arriving soon. fers a year of service and training to ington, D.C. and Baker, Manock & books as students brought their Expectations can make patience a law school graduates in one of the Jensen - Fresno. friends as fashion consultants to help distant virtue at times, admittedly Legal Services projects in the United by M. Johnson in the perplexing choices of fabrics even to members of the East Asian States. Applications are available in and style. Peter, our Integral Tailor, Law Society the Placement Office. TODAY IS says he has very much enjoyed the byEALS THE DEADLINE FOR SUBMIT· contacts with Hastings students, TINC APPLICATIONS. October 31,1977

Community News PAGE 4

ACADEMIC CHANGES AT HASTINGS - A NEW STUDE,NT COUNSELOR

Ms. Andrea Garcia joined Hast- Ms. Garcia has also been desig- or have requested transfers from re- " The study of law is often lonely ings with the Class of 1980, but as nated as a "conduit" for any stu- quired classes in order to obtain an- and competitive," she notes, "and the first student counselor for the dents seeking rule waivers, special other professor. it' s not unusual for many individuals Admissions and Records Office, her petitions, approval for transfer pro- Other petitions have been filed by to experience anxiety, usually in the goals extend far beyond the state bar grams, and advice on course selec- advanced law students, who are try- form of insomnia, headaches, de- exam. tion. She further has to cope with ing to match a certain professor to a pression, restlessness, and inability Assigned the dual tasks of aca- scheduling conflicts, obtaining bar course heavily in demand. to concentrate." demic advisement and personal leaves of absence, and helping with "The counselor is really in the " Fear of failure can also produce a counseling, Ms. Garcia recently personal emergencies. middle on these issues," says Ms. painful neurosis," she adds, "and if moved into the privacy of her newly- Once all the information is col- Garcia ruefully. "I tend to empathize someone has a personal problem constructed office in Admissions and lected on a particular problem, she with the student's reasons, but the outside of the demands of law Records . (Direct phone: 557-2601 .) then channels the necessary infor- school policy stresses that schedul- classes, it's sheer heill" Ms. Garcia was one of several in- mation to the appropriate dean' or ing changes .are limited to extreme Ms. Garcia noted that one antidote novations at Hastings this year, in- faculty member personal emergency cases." has been proposed by the Clara Foltz cluding the peer counselor section "One thing you notice immediate- Ms. Garcia, who has a B.A. and Society, .where yoga classes would be groups, and the student information ly about law students," she explains, M.A. from San Francisco State Uni- offered for all interested women at desk - all responsible to Associate "is that they're sophisticated; if they versity, has had extensive coun- Hastings. Dean of Student Affairs Jane Peter- need help, they usually know how or seling experience at San Francisco "I've watched members of my son, where to go and get it." City College and at all levels in the family go through law school, and One of Ms. Garcia's first tasks was Of course, there are the inevitable local public school district. that was a helpful insight into the meeting with third-year students, conflicts between student preferen- She has also worked with different entire process," she explained. identified by computer printout, who ces and institutional policy. womens' counseling groups, includ- ..do not have enough units to meet Some first year students have tried ing those on a bicultural and bi- graduation requirements. to switch their section assignments, lingual level.

ASH FINANCE COMMITTEE

The A.S.H. Finance committee The Committee adopted a set of 3. Organizational efforts in legal A complete set of the materials met on Friday Oct. 21, to establish criteria to be used in evaluating fund education (use of media meetings, concerning all funding will be made the administrative groundwork for requests. These factors included: conferences, etc. to provide infor- available to any interested student or conducting hearings on the 1977-78 1. Impact of funding on Hastings mation, and efforts in minority as- group at the Library Reserve Desk. funding requests by many Hastings students (number of members in the . sistance programs). An open meeting of the Finance organizations. Members present organization, activities open to the 4. Providing legal services to the committee is scheduled for Friday, were Jerry Gail, A.S.H. Treasurer; student body, etc.). community, and Nov . 4, for receiving comments and Joyce Little; Susan Teller; Nan 2. Importance of funding the Or- 5. Other activities sponsored by questions from interestea students. Waldman; Steve Petach; Jeff Kim- ganization (where will the money be the group. mel, and Michael Stone. spent, need for A.s.H. support).

.. ｾ＠ｾ＠ STATEMENT OF FUND ACTIVITY t NOVEMBER 16, 1976 TO OCTOBER 13, 1977 t. ORGANIZATION REQUESTS ,r ALLOCATION DISBURSEMEN:rS 1977-78 ｾ＠ Asian Law Students $400.00 $260.85 $1 500.00 f Black Law Students 490.00 ｾ＠ 490.00 1440.00 ｾＮ＠ Clara Foltz Society 500.00 298.77 300.00 Environmental Law Society 300.00 259.13 300.00 ｾ＠ Haight Ashbury Project -0- 563.00 540.00 , HICAP 250.00 245 .05 I 510.00 Iii Hastings Film Society 250.00 - 250.00 -0- Hastings Labor Law 100.00 76.72 - -0- Hastings Runners 25 .00 25 .00 -0- International Law SOCiety 115.00 { 45 .92 25 .00 International & Com- a' . l parative Law Review 500.00 148.95 1000.00 i Intramurals ｾ＠ 200.00 155.55 185.00 La Raza P 750.00 200.00 750.00 LSCRRC ｾ＠ 250.00 518.75 1500.00 National Lawyers Guild 450.00 ' 405.89 550.00 Native Americans 750.00 749.20 -0- Hastings Rugby Club 250.00 250.00 1000.00 Third Year Class 600.00 900.00 2500.00 Bay Area Women's f. Prison Project 300.00 277.30 425.00 ASH Book Exchange -0- 7.50 1\1 Faculty Evaluation 528.00 t -0- -0- 750.00 LEOP -0- . .;().. I Comm/ent 520.00 /I -0- -0- 700.00 . Democratic Club -0- -0- Friends/Survival 550.00 ｾ＠ｾ＠ -0- -0- 300.00 Child Care -0- -0- T Republican Club 600.00 ... ' e -0- -0- 500.00 ------" p 7005.00 6383.56 ----- g 16,973.00 ｾｉ＠ｾｉ＠ｾ＠ I.. OJ ｾ＠ )dober 31,1977 'AGE 5 The law

&\ TTORNEYS FEES

The state Supreme Court ruled . After noting that the trial court that California courts may award made under the court' s equitable that the courts are neither equipped Judg.ment was based only on legal powers." reasonable attorney fees to lawyers ｳｾｲｶｬ｣･ｳ＠ rendered from the begin- nor empowered to award attorney whose successful presentation of a The 5-2 decision was written by fees in such a - situation. " Until ning of the action through April 14 retired Justice Raymond Sullivan constitutional claim results in a deci- 1975, the court said, the plaintiffs: today, California judges have enter- sion whose benefits will be widely joined by retired Chief Justice Don- tained neither the dream nor the motion for an award of attorneys' ald Wright, Acting Chief Justice enjoyed by the citizens of the state. fees on appeal must also be granted power to endorse a particular social In ruling that an attorney who acts Mathew Tobriner, Justice Stanley program, appropriate the requisite on the 'private attorney general' Mosk, and state Court of Appeal as a "private attorney general" may theory, including services performed money from the public treasury to receive judicially awarded attorney Presiding Justice Otto Kaus. Justice fund it, and then order payment to in oppOSing defendants' petition for William Clark and J ustice Frank fees from the state, the Supreme a writ of certiorari in the United those deemed deserving. " He Court affirmed a judgment of the Los Richardson each wrote a dissenting argued that establishment and fund- States Supreme Court. opinion. Chief Justice Rose Eliza- Angeles Superior Court awarding The decision upheld an award of ing of a particular social program is S8OO,OOO to law firms which repre- beth Bir?, Justice W iley Manuel, a matter for the legislative process $400,000 to Public Advocates, Inc. and Justice Frank Newman did not sented John ·Serrano, Jr. and other and concluded that " the majority and an award of $400,000 to the participate in the decision. plaintiffs in the Serrano v. Priest Western Center on Law and Poverty, opinion usurps the legislative func- I n a dissent, Justice Clark wrote tion. " litigation. That litigation commenced two organizations receiving public or in 1%8 and resulted in a 1976 tax-exempt charitable funding. "Be- decision of the California Supreme cause the basic rationale underlying Court holding the state public school the 'private attorney general' theory STATE BAR STUDY finance system invalid. which we here adopt seeks to en- The decision stated: "The trial courage the presentation of merti- About one of every 10 people who have passed the California Bar court, in awarding fees to plaintiffs, torious constitutional claims affect- examination in the last five years has not found work as a lawyer, a new found that the public policy ad- ing large numbers of people, and survey says. ｾ｡ｮ｣･､＠ by this litigation was not one because in many cases the only It says about another 10% of those who passed the Bar in that period grounded in statute but one attorneys equipped to present such are not earning enough in their law practices to make a living. ｾｲｯｵｮ､･､＠ in the state Constitution. claims are those in funded 'public The survey was released this week by the California Young Lawyers A.s a matter of law, if rights created interest' law firms, a denial of the Assn ., which sent questionnaires to most of its 27,500 members. It said )r protected by the State Constitu- benefits of the rule to such attorneys nearly 8,000 answered, giving the survey about 95 % accuracy. ｾｩｯｮ＠ are protected to the benefit of a would be essentially inconsistent Of those who have passed the Bar examination in the last five years and arge number of people, plaintiffs' with the rule itself. The propriety of pay dues to the association, the survey found : Ittorneys are entitled to reasonable such awards under statutory pro- • About 4% are unemployed. Ittorney's fees from the defendants visions is already well-established in • About 6% have nonlegal jobs but would like to work as lawyers. Jnder the prrvate attorney general this state, and similar considerations • About 10% are working as lawyers but do not feel they are making a equitable doctrine." are applicable when the award is living.

NHAT'S THE ｌａｗｾ＠ by Jack Strauss

THE SPANKED SPOUSE danger her life or health so as to urge another to plead it when the he shot him and did all that was warrant the termination of their urging is for a corrupt purpose or is necessary to carry out his intent to Joe's bride had an even disposi- marriage. (Based upon a 1959 Iowa tantamount to a treat of violence. murder him. (Based upon a 1977 ion: it was always bad. If she didn't Supreme Court Decision) (Based upon a 1964 United States New York Court of Appeals Decision) :ackle and complain about one thing, THE QUESTIONABLE Court of Appeals Decision) THE SLEASY -EYED JUROR ihe griped about another. During the Vinnie and Harry fought a lengthy SUGGESTION THE AIR-CONDITIONED CORPSE ·irst year of their marriage, Joe court battle that was full of suspense nerely shook his head in despair Nobby' s future looked as bright as Chubby had a lot more hulk than and expense. After the jury brought >ver the numerous things that need- the inside of a coffin . A grand jury he had brains. Although he was in a verdict against him, however, essly agitated his wife. The second had subpoenaed him to give testi- intent upon " blowing away" an Vinnie discovered that it was also full rear, he patiently attempted to coun- mony against Big Julie. If he testi- adversary named Bruno, for all he of pretense. One of the jurors was a iel her to be less vocal and irate over fied, he was sure that Big Julie accomplished after blasting him wi th sleazy-eyed character who had been Jetty matters. The third year, how- would be sent up the river and that a .38, Chubby might just as well previously convicted of a felony and, !ver, Joe finally lost his temper and he'd end up under it with his feet have splashed him with a water under state law, ft:lons were not ook his wife over his knee and encased in a slab of cement. pistol. Someone else beat him to the competent to sit as jurors. ipanked her. Consequently, when Big Julie kill 5 minutes earlier and, conse- Racing back to the courthouse Bouncing off of his knee, Joe's "suggested" to him that he take the quently, when Chubby pumped 5 Vinnie demanded, " I insist upon a Yife bounced into court where she Fifth Amendment and say nothing, slugs into him, Bruno didn' t even new trial. Jurors are supposed to iued Joe for a divorce on the grounds that's precisely what Nobby did. say " Ouchl" have the courage of their convic- )f cruel and inhuman treatment. And, while Nobby thus avoided And, if that wasn't disconcerting tions, not a record of convictions. "While it may have been wrong to ending up in cold water, Big Julie enough, picture Chubby' s consterna- With criminals on the panel, the lave spanked her," confessed Joe in still ended up in hot water. Govern- tion when he was later picked up by verdict, obviously, is suspect." :ourt, "there was only so much ment agents learned about his the police on charges of attempted "If Vinnie didn't like the looks of leedless haranguing that I could put friendly suggestion to Nobby and he murder. the sleazy-eyed juror," responded lp with. And, after putting up with it was charged with obstructing jus- "You guys gotta' be kidding," Harry, " he should have checked him or three years, I figured that if I tice. protested Chubby to the arresting out before the trial began. As far as .panked one end, I might impress "By suggesting that Nobby plead cops. "If you can't kill a corpse, how I' m concere nd, he looked just fine. In he other." the Fifth Amendment," the pro- can you attempt to kill a corpse?" fact, after the verdict came in, he "While confessions may be good secuting attorney argued in court, "That's easy!" responded a police looked like a real doll." or the soul," responded Joe's wife, "Big Julie braked the wheels of officer. "When you air-conditioned IF YOU WERE THE JUDGE, 'it doesn't do much to help my justice. " Bruno you didn't know he was would you grant Vinnie a new trial ender backside. Since our marriage "Baloneyl" grunted Big Julie. already dead. You tried your best because of the presence of the 'ow was to love, honor and obey, and "AII I did was to advise my pal and that's what counts." sleazy-eyed felon on the jury? lOt to spank, I'm entitled to a Nobby of his constitutional rights. IF YOU WERE THE JUDGE, This is how the judge ruled: NOI iivorce." Certainly, that's no crime. As one would you convict Chubby of at- The judge held that once the trial IF YOU WERE THE JUDGE, citizen to another, I merely informed temped murder? was over, it was too late for Vinnie to vould you give Joe's spanked spouse him of his legal prerogative." This is how the judge ruled: YES! complain. While convicted felons .divorce? IF YOU WERE THE JUDGE, The judge held that under the law in may not be competent to act as This is how the judge ruled: NOI would you toss Big Julie in the jug this state a person is guilty of an at- jurors, noted the judge, by not -he judge held that a spanking for informing a pal of his legal tempt when, with the intent to seeking to discover the presence of a pplied to the place where a spank- prerogative? commit a crime, he engages in such felon while picking the jury, Vinnie 118 is ordinarily applied may be This is how the judge ruled: YESI conduct which tends to effect the was deemed to have waived any ruel, but ｩｾ＠ j not inhuman. The The judge held that while it may be commission of that crime. In this objection he might have had with panking received by Joe's wife, perfectly legal to plead the Fifth case, concluded the judge, Chubby regard thereto. (Based upon a 1973 oncluded the judge, did not en- Amendment, it can be a crime to believed that Bruno was alive when Wyoming Supreme Court Decision) October 31, 1977 The Arts PAGE 6

IN FUGHT But itwas not with dispassionate eyes that Susan "Oh fair prince! Would that I were there! had gazed upward at those costly vaults and but. "SUSAN, SUNDAY AND THE BELLS" Perchance thou wilt pay my fare?" tresses. She was an emotional woman who needs to The bells settled into the park as fog fllters from Susan giggled, breaking the spell so that they to feel things in her gut. When listless or de- the sky and envelops a valley. They twinkled could chat, although furtively, against the omm- spondent Susan frequented maternity wards, to down from the Singing Tower of Grace Cathedral, present pealing of the bells. But soon . they watch babies being born. Other people's babies. It fllling Huntington Park with medieval ｾｩｳｳｯｮ｡ｮｾ･Ｎ＠ succumbed to its cadenced power and fell sllent, made no difference. Life was starting, crying; it It was compelling, this fitful musIC, and ItS eyeing the park through a musical veil. ., was pink and fresh. Susan skipped away with influence pervasive. Indeed it had an English chaqlcter. With ItS enthusiasm renewed. Mid-Sunday, and the little park was overflo,w- neatly ｧｲｾｯｭ･､＠ shrubs and sidewalks: this si.ngle She worked on garbage trucks, in the city ing with city-dwellers. Lonely old men with square block atop Nob Hill was well-tailored, like a streets. With a sooty bandana pulled around her weathered faces found company among the flOe English suit. A London city planner would be thick brown hair, she looked like a chimneys weep Sunday paper and pigeons. Pert youngsters raced proud of its exacting lay-out. The center of the park from Mary Poppins. "See America first," she and cavorted while their nannies engaged in nod displayed a classical fountain, a replica of the chirped. "See its squalid underbelly, its seamy and gossip against greenbacked benches. Sun- Tartarughe fountain in Rome, which had formerly waste." Susan had a knack for seeing what other worshippers sprawled, limbs extended purpose- graced the Crocker estate. Climbing around its people refused to, or couldn't see. fully on close-clipped grass. cascading spouts were four marble figures, male "Hey, can I take a ride on your skateboard?" A Throughout this scene sang the bells. They nymphs. With courtly style more human than thin pole of a young girl stood in front of Raleigh were unlike any Raleigh had ･ｶ･ｾ＠ heard. Flicker- stone, they raised their arms in unison to toast the and Susan with open, interested eyes. ing into the park, they painted anew an era in surrounding city . "Sure," said Raleigh, looking down at the history. As Seurat's brush did to bathers by the Stylish hi-rise apartment buildings looked down board he rode around town. "I mean, I guess so. Seine, the bells transformed everything into politely upon the square. Their facades were You know how to ride it? ' , minute pointilistic dots. The people, the grass, smooth-skinned, as if they'd been hand-rubbed. "Yeah, I ride my brother's, when he lets me." the benches and umbrellas-everything was Maybe they had. They were dressed in tones of She spoke with wide vowels punctuated by deep dotted. And frozen; against the benches and ivory and decorated with elegant wrought iron breaths. Raleigh and Susan, and the girl, (''I'm nannies sat stiffly, listening, the old men's heads balconies. Lynette") got up and took turns skateboarding craned skyward. Even the children suspended Dominating the park was the wealth of its neigh- around the fountain. They were quickly joined by their play. bors, previous and contemporary. The Mark Paul, who stood about four feet tall with a toothless The chimes muffled the city sounds, arresting Hopkins\ almost ugly in greyish-brown brick, grin, and Mary, a lanky tom'boy wearing a ｓｾｲ＠ San Francisco's pace-maker pulse, and freed each nevertheless hoisted its peerless flags above the Wars T-shirt. For hours they skateboarded, built person in the park to drink a unique blend of past square. Across from it was the Hungtington Hotel, castles in the sandbox, slid headlong down the and present thoughts. It was a Sunday setting, a a reminder of the Huntington family of rumored slide, and waded in the fountain. They talked about pause between the torrid pleasures of an un- robber baron fame. Perhaps fleeced, perhaps school, their families and the park. abashed weekend and the solemnities of the week well-earned, their turn of the century wealth had •• I like the people who come here, " said Mary. ahead. Raleigh found it refreshing. He looked, he bequeathed the square which bears their name. "Why's that?" Raleigh wanted to know. reflected, and he daydreamed, awaiting the Adjacent to the square squatted the Edwardian "Because they're not mean and they share their arrival of his friend. architecture of the Pacific Union Club. Formerly toys," Mary smiled. "Like you." Susan was a bold, enthusiastic woman who the Flood mansion, this was the sole Nob Hill home Susan explained one of her theories of life; unless carried herself with confidence. There was no to survive the ravaging fire after the 1906 you scraped a knee or elbow at least once a week, section of the city which escaped her interest or earthquake. you just weren't living. Everyone proudly held up investigation; therefore, she claimed each section Across the street, their homes destroyed, the cuts or bruises. as her own. Besides, she was part Italian, a touch Crocker family donated their land to the church. Around five 0' clock as the air was chilling and Chinese, and completely blue-blood. A true San From those ashes rose impressive Grace Cath- the friends were scooping out a moat around their Franciscan, loyally so. edral. With its gleaming Rose window, its massive sandcastle, the bells abruptly stopped. City sounds Raleigh and Susan were friends, bon amis, towers and its spikey spire, the Gothic Cathedral were suddenly audible, again-horns, cable cars' inseparable. Years ago, when Susan was decrying links San Francisco to its progenitors at Amiens screeching wheels, radios, buses exhausts and deflOitions, their relationship had lacked a label. and Chartres. excited voices in the streets. And they had paid dearly for it. A couple quick Touring through France in a summer past, Raleigh knew instictively that it was time to go. shuffles out back attested to their mutual affec- Susan and Raleigh had devised a unique system of He and Susan said their goodbyes and promised to tion. But it also convinced them of their mutual rating each village's Cathedral. Half-seriously, return. The chimes, a momentary dam against the inability to handle sexual expression in a nine they had guessed how many townspeople had quickly flowing currents of Raleigh's life, had year friendship. So sex was dropped and the plunged tp their death in the construction of this, given way. The pace, the pulse of the city, had definition reinstated-they were friends. the town's pride. The more deaths, the more returned. Susan lived in the Haight. It was a scene past impressive. its prime, the youthful explosion had waned and by Peter Nelso" slumped now before T.V. sets with full-beer bellies. Clapboard comer shops selling cigarettes and berets may have invited revolution but certainly no longer stimulated one. But for Susan the Haight was the Haight, even ten years late. On this crisp peninsula day Susan had hopped into her not-so-revolutionary Fiat and deliberately detoured through the Presidio on her way to visit CD IN.5ULATe YoUR ｾｃ＠ＢＭＱｬｔｾｏｾ･ｾｾ［ｯＧｔ＠ L\ Tｾｾ＠ A CAR· Raleigh. She thrilled to the sensation of threading ｜ｉＭｬＧ｜ｊｌｾ＠ｾ＠ＡｬＮｾ＠ her sports car through tightly woven curves. Of fOR THE WINTeR. POOL, 1)O{JBlE! her car and of herself, she demanded precision . UPWrmAFRteND. response. This was in marked constrast to Raleigh. He, the dreamer, preferred his cushiony cruiser which floated loftily above the highway, freeing his mind for other concerns. Arriving at Huntington Park, Susan bounded up the stairs three at a time. She sighted Raleigh, who sat spellbound by the carillon of bells. Plunking down beside him, she lowered her voice to a whisper. "God those bells are eerie. @ MAKe use OF What's going on here?" SOLAR Raleigh looked up, startled by his friend. ENeR6Y. "I don't know for sure," he answered. "But I feel like we're in seventeenth century England." The Arts

SIC IN YOUR EARS" they play with enough emotion, honesty, and ballads are sung with class, not schmaltz; com- sheer musical integrity; never slacking off, to pare Allen's version of "I Honestly Love You" provide the listener with the most vital live album of the year. with Olivia Newton-John's gcammy winning CHUCK. MANGIONE PETER ALLEN efron. "Continental Americans" becomes a tri- FEELS SO GOOD IT IS TIME FOR PETER ALLEN bute to the energy of New York treated in surprisingly rock and roll style. Chuck Mangione is one of the leading com- On stage Peter Allen is a maniac. Gyrating con- Still it is on side 4, which consists of a three posers of contemporary or popular jazz. Unfor- song encore, where this record takes on the power stantly, dancing madly, never sitting still even tunately many of today's contemporary trends of his live show. It begins with "Rio", a when in front of the piano. He presents a show demand a disco beat, simple tunes, and a lack of dedication to Latin music done in samba! disco with the knowledge and savvy of a true cabaret musical innovation. Hence the final product, style with the band's strongest instrumental break performer, pacing the songs, keying it all to the entitled " Feels So Good" . 1lle album is highly (for the most pan they stick to a suppon role professional, Mangione still writes a pretty audience, talcing them through the mood of each only) . composition. Sensibly, A&M records has released theme, but too much of the finished product This is followed by "Quiet Please, There Is A a double album recording of Peter Allen live in sounds as if it was commissioned by the National Lady Up There" . The composition is dedicated to concen. Football League as a soundtrack for pre-game Judy Garland, who discovered Allen singing in a Comparisons with Elton John just can not be highlights. This is music that will not offend, but bar in Hong Kong. The song becomes much more won't excite either. avoided. Both performers present (at least Elton live, a tribute to every singer who has fallen after John did in his early career) an extremely intense a great career, but especially for Judy Garland. LILY TOMLlN live show and both are excellent songwriters. Yet Allen mesmerizes the audiences with this por- ON STAGE in terms of on-stage energy and songwriting trait, exhoniog the crowd to show respect, albeit This recording of Tomlin's recent engagement ability Allen is already surpassing Elton John's late, to a woman who suffered at the end of one of on Broadway captures the irreverent satire of one early efforts. And if the newer compositions on the most glorious careers in show business. The of America's leading political comics in fine form . this album are representative of the music Allen is lyrics cry, "Quiet please, there is a person up It is a ponrait of Tomlin's many characters, her writing, he will provide the public with hits for there, and she has been honest through her songs uncanny ability to shift in time, to be each years to come. long before your consciousness was raised . . . individual member of her show down to the most Peter Allen, who left Australia 10 years ago, Then he turns the song into a march, pushing the minute details. and then married and divorced Liza Minelli, is audience to give the singer one last celebration. It is the ponrait of Lily as a second grader that coming into his own as a performer. This is best The show closes with "Audience", a song is the most intense piece on the album. As a seven illustrated by the audience reaction throughout dedicated to its namesake. Allen sings about a year old Lily glides easily from the color of her the show. They laugh with him, clap, cry, scream show he sees every evening, an audience playing dress to the intense fantasy attraction!worship and even sing along when asked. This energy ex- for him while he is performing. So many she feels for her second grade teacher, Miss change between audience and performer is an performers believe they can be successful and Sweeny, and her monogcamed sweaters. element often lacking in a live show. On this ignore who they are singing to, yet Allen under- Her characters are life, from the shopping bag album it is unavoidable, and fuels Allen to a stands that without audience I performer dynamics lady, to Mrs. Judith Beasley, who is spreading performance which employs every talent, device, a live performance can nQ'er be whole. And on consumer awareness of the impending plastic and ability he has. the last song he makes sure that he is giving shortage. Complete with the classic phone com- Most of the selections are drawn from his two everything he has, pushing his voice and the band pany commercial ("We're the phone company, previous studio albums, CONTINENTAL AMER- 3S far as they will go, just to keep the audience we don't care, we don't have to ... ") this album ICANS and TAUGHr BY EXPERTS. Without the playing for him. provides another glimpse at a comic with tremen- lush production of the studio, and given more Peter Allen does not have a voice you will never dous ability to make us look at ourselves and uptempo treatment, tunes which laid back on forget, nor does he play dynamite piano. His laugh. previous effons now jump out at the listener. The backup band never gets beyond adequate. Yet by]tJes Krage"

RESPITE

Fon Bragg and the Skunk Railroad. A leisurely Most alluring at sunset is the point of the MENDOCINO amble through the town and a beverage stop for peninsula where the bluffs collapse into a sea punctuation were enough activity for this shon The last class of the week is finally over and all knotted with kelp . There are skeletons of wharves visit. reminaers of it are hidden in lockers for the next that once reached out to schooners to deliver their After warming our insides with a bowl of soup couple of days. Next stop is home, just long cargoes of lumber. Half-buried in the din are the at the fireside of Sip and Sup on Main Street, we enough to grab a sweater, jeans and a toothbrush heavy iron links of the mooring chains. got back into the car and drove into the night. In and tOSS them ioto the back of the car. Off to the We escaped the ocean's night chill at the Sea just over three hours, when we were beginning to gas station (you check the tires while I run across Gull , a restaurant that serves all the fresh fish it tire, we arrived back in the city at bedtime. Ames rhe street for provisions), and then back on the can get and a wonderful salad dressing made of Lodge: Star Route, Mendocino, Ca. 95460, (707) road with the tired motor doing its best to rally for avocadoes and walnuts. Meals here range in price 937-0811. ($25 for a double room, idcluding the trip ahead. from $5 to $8 , and include an entre, soup or salad, breakfast.) It's a slalom on the Golden Gate Bridge, which a fresh vegetable, a baked potato and bread. is beginning to congest with those who have snuck Our home for the night was the Ames Lodge, by ｖｩ｣ｾｩ＠ McCarty away from work early in hope of gaining more about three miks east of town, off Little Lake precious weekend time. Eagerness leads to arro- Road. A small din lane tunnels through dense gance as the drivers boldly push their way into forest to the lodge and its cabin cluster which 'whichever lane seems to be going faster. were built by a local woman for her lover. Our Out of San Francisco, by three o'clock, just rooms were small, their chief feature being beating the bulk of the afternoon traffic by a pleasantly hard beds, but when we weren't length and catching our breath on the slow, sleeping, we were holed up by the fireplace in the gradual curves of route 128. We aim nonhwest to living room. This room, with its redwood and its the Mendocino coast. book-lined walls, was so hospitable a cocoon that The wine country is golden now and tranquil a rainstorm beating against the glass doors would after the October grape crush. Acres of vineyards have been a welcome delight. ace interrupted only by occasional sheep pastures Breakfast the next morning lasted hours, so and by houst!s which are almost invariably enjoyable was the conversation with two of the painted white. Clusters of trees appear here ｾ､＠ lodge's five owners and our two fellow school there seeming to have tumbled down the hills escapees. We dined on poached eggs, english from ilie forests funher up the road. It is twilight muffins, bananas and melon while sipping bot- in the redwoods, and the white ｾｭｯｫ･＠ rising from tomless cups of coffee and discussing most of home chimneys looks stark agamst the grey dusk life's greater issues. We also heard a favorite of the sky. . anecdote at Ames which describes four frazzled The heater and headlights are on by the tune Hastings students who collapsed at the lodge the forest route meets the coast and Highway 1 at after finals last year. They had planned to stay Albion. Soon the village of Mendocino appears, just a day or twO, but extended their visit until the settled on a peninsula like a cat on a television set. idyllic setting, combined with the owners' first- • Old houses with big front porches and clapboard aid treatment of massage, good food and drink, sheds shelter crafts shops and kitchens. Wooden could work a cure. sidewalks take up and leave off irregularly It not yet being fInals season, we succumbed to alongside them. the slower pace immediately, and we cavalierly cast aside our ambitious plans to explore nearby October 31, 1977 () The Arts PAGEl

CRITIC AT LARGE · ' " ,+-:. I

CAT AND MOUSE ***j If you are looking for a truly intelligent murder mystery then CAT AND MOUSE by Claude Le- louche is your flick. M. Lelouche, of "A Man and a Woman" fame, disdains such mawkish flights of fancy in favor of a taut, suspenseful whodunnit that really keeps you guessing. From the opening scene, shot through the grating of an ascending ｯｵｴ､ｾｲＮ＠･ｬｾｶ｡ｴｯｾ＠ on a Parisian skyscraper-to-be, the dlstIDcove director- ial hand of Lelouche (and Jean Collomb's superb photography) is evident. Fabulously wealthy Monsieur Richard aean-Pierre Aumont) is the victim of a murder disguised as a suicide or suicide disguised as a murder. Initially, your suspicions are focused on Madame Richard (skill- fully played by Michele Morgan) however the case expands logarithimically after Inspector Lechat - natch - (Serge Regianni) and his assistant (Phillip Leotard) are brought in. Suddenly you have a high-speed· drive-not chase-down the Champs Elysees (almost a Lelouche trade- mark), curiously affluent servants, left-wing plots and fall guys, government cover-ups a la "Z", missing and counterfeit art treasures, M. Rich- ard's porno fIlm mistress, Me. Richard'., lover Michele Morgan who was their dead son's best friend, and not last of all, Samy, Lechat's disobedient "Belgian Shepherd" who (sez John L. Wasserman) all but steals the picture - WHEW! If you want to read how this rums out you'll have to check Time's Another factor in this film's success is its fast review because I've already told you too much. paced, relentless mode of storytelling. Much of The reason this is more than just a detective the movie is told in flashbacks. Even more is story is the complexity and depth of all the charac- spoken directly into the camera, as though you ters, particularly the witty byplay between Lechat were the other conversationalist. Thus, there are and his assistant. These two outdo Bill Cosby and all the attendant jerks and movements as the Roben Culp in the best episode of "I Spy" character being spoken to shifts position. As a without appearing cute. The laughter in the result, the film itself is constantly in motion. As audience at the Castro often ascended to scattered the plot grows, new contexts are thrown over the applause. The dinner scene with Lechat's daugh- same initial facts. Lelouche says, "In this film the ter is destined to be a classic of comedy. Likewise main idea is that criminals are a product of cir- hilarious are the antics of Samy who never quite cumstances, not of evil." This movie's greatest follows his master's orders,Best of all, this humor virrue is that these circumstances-like the per- never obscures or clutters the mystery. formances and the humor-never seem forced. They all flow naturally and unnoticeably. So don't sertie for Kojak or Colombo, do yourself a favor and watch for CAT AND MOUSE. PARADISE PLACE By the way. you can also watch for PARADISE PLACE (reviewed Oct. 17) to open here soon. Its showing at the Film Festival has garnered it an American distributor. ",SDS

DAMNATION ALLEY ** Watching for DAMNATION AllEY has been recorded. This gimmick is effective during the the good guys spend most of their time in. The an anxious pasttime for confltffied Roger Zelazny holocaust scene (the film pretty much picks up vehicle is capable of all sorts of tricks and any of fans (such as your author). For 3 or 4 years we've where "Dr. Strangelove" left off) but very J ames Bond's cars would surely suffer defeat at been waiting and now it's here at the Nonhpoint irritating when giant scorpions are screeching at its hands . . . And nuclear explosions (in vivid theatre. I must say that it was disappointing in ·90 decibels from each comer of the theatre. All color) are always peculiarly fascinating. Nothing some respects, however, it is not without merit around, an interesting effect which could have deep here. Just pure entenainment. How else and therefore gets a two star rating. benefited from the use of Dolby noise reduction. could you characterize carnivorous cockroaches First the bad; very little of the sophisticated Finally director Jack Smight, who made the infesting Salt Lake City? Finally, this marks plot and post-atomic war poetic imagery of chilling black comedy (that's correct!) "No Way Zelazny's first book adapted to filin. What with Zelazny have made it to the screen. Hell Tanner to Treat a Lady," does not live up to the excel- the post-"Star Wars" green glow which sci·fi is has been sanitized by the omission of his given lence of his previous effon. Though the movie basking in, the time appears right for this Hugo name and the story has been altered; nay, wa- never drags, it plods a little and the lack of ima- Award-winning author to get cinema exposure. tered-down to the holocaust and later cross-coun- ginative camera angles don't aid the cause. Zelazny is rumored (by Harlan Ellison) to be the try hope and survival run. The script is passable Now the good; visually, this is the best doper reincarnation of Chaucer. A more faithful rendi· and the acting undistinguished-I!xcept for movie since "Star Wars." If you can picture the . tion of some of his better books (may I suggest George Peppard's portrayal of an Air Force officer Earth with a non-stop Laserium show for a sky then "Jack of Shadows" or even the Amber series?' (not present in the book). Jerry Goldsmith's music you'll have some idea-what I'm talking about. might help his popularity as much as it might help is, at times, overbearing but this is excusable as a Also, in the realm of special effects, the pic Hollywood's balance sheets ... And reputation. function of the •• 360 Sound" in which the movie is features a spectacular landover I tank I ATV which P.S. Besides any movie with Dominique Sanda can't be all bad. bySDS October 31,1977

PAGE9

FILMS

the chicken chronicles--

The Chicken Chronicles is a comedy romp about the final three weeks of high school for several prankish students in 1969 in Beverly Hills, California. The "chicken" refers to a take-out restaurant near the school where the kids work and congregate. "Happy Days" and "Dobie Gillis" revisited. Although the action centers on the romantic struggles of the students, the story touches on other aspects of the times. In 1969, if you were male, a high school graduate, and healthy enough to earn letters, you had to be thinking about the impact of Vietnam. Drugs were in abundance. Sexual liberation was in full swing. No high school senior will forget his/her attendance office matron, job boss, girlfriend or boyfriend, boyfriend with a car, lids, and the high school prom. This film chronicles all of this, always with humor in sight, but sometimes with a heavy hand. ''The Chicken Chronicles" marks the first fUm for producer Walter Shenson since he moved his operations back to the u.s. from England where he produced such outstanding films as "The Mouse That Roared" and two Bearles pictures, "A Hard Day'sNight" and "Help!" The film stars veteran comedian Phil Silvers, who plays an irascible, lecherous old man who runs the restaurant and fights endlessly with the kids who work for him. Also in the cast is Ed Lauter, who is well- " There's only one momma," sighs Antonietta remembered for his role as captain of the prison A SPE.CIAL DAY (Loren) , as she cleans her apartment. Ｂｔｨｾｲ･＠ guards' football team in "The Longest Yard" plus should be three." Then her pet mynah blCd "King Kong" and many other films. escapes across the courtyard and sits outside ] oining the two veterans is a group of out- Directed by Ettore Scola ("We All Loved Each Mastroianni's window. standing young actors and actresses headed by Other So Much") and set in pre-WWII fascistltaly, This begins the "special day" for Loren an.d 18-year-old Steven Guttenberg, a New York " A Special Day" reunites Sophia Loren and Mastroianni. They are drawn to each other by thelC product who appeared in "Lion in Winter" with an Marcello Mastroianni in dynamic roles that revive vulnerability. They feel each other's needs and off-Broadway company. This is Steven's first memories of their extraordinary work in, respec- pains. When they try to be tender they're ｣ｲｾ･ｬＮ＠ motion picture, and he appears in virtually every tively, "Two Women" and "The Organizer." They collide like ｭ｡ｧｾ･ｴｩ｣＠ forces only to ｳｵ｢ｳｬｾ･＠ scene. (No actor should appear in every scene, Their roles are disturbing. She plays an ignorant, and t? fill ･｡ｾｨ＠ｯｴｾ･ｲ＠ s needs. The exchange IS save Sir Laurence Olivier.) thickening housewife, and he a disgraced and toUChlOg yet dlsturblOg. .. . Lisa Reeves plays the All-American girl whom troubled homosexual radio announcer. Their Both Loren and ｍ｡ｳｾｲｯｬ｡ｮｄｬ＠ are ｾｵｰ･ｲ｢Ｌ＠ｾ･＠ｗｬｴｾ＠ｨｾｳ＠ Steve pursues day and night in a frustrated coming together turns their decrepit lives into a underplays deftly and sad restra.lOt, anhd attempt to "score" before graduation. Director blttersweet· d rama. single outburst is . shocklOgly effective. S e IS Francis Simon adds a nice touch of] oycian levity as "A Special Day" has two meanings. The flCst is awesome. Herface IS a mural of.strength, courage, the guys at school can't help but stare at Lisa from that the film takes place on the day in 1938 when fear and beauty. The end result IS a success. afar. Her credits include "Sessions" and "The Adolf Hitler arrived in Rome to celebrate, with by R] P Benito Mussolini the German-Italian alliance. The Pom Pom Girls," plus numerous TV shows such as ｍ｡ｾｴｲｯｩ｡ｮｮｩ＠ "Police Woman" and "The Hardy Boys." second meaning belongs to Loren and Meridith Baer who "has been around" more who exist, on that day, independent offasclst Italy. than her classmates has a blatant crush on Steven. The picture establishes its context with a long ｦｯｯｴ｡ｧｾ＠ｾｨｯｴ＠ｾｴ＠ Despite her tarnished reputation, she is possibly opening segment of black and white the best girl for Steven. Her credits include the time, of Hitler " triumphantly" arnv10g 10 Rome, being met by II Duct:; , and the two of them "Mother, Jugs and Speed," "Prime Time," the receiving the benediction of the populace Fasces lead in "Sister-in-Law," and "Stand Up And Be Counted," plus 75 television commercials. and Swastikas establish the tenor of the film . We then go to color, and the apartment of Loren, Life is complicated for Steven by his younger her domineering husband Uohn Vernon), and at brother, Gino Baffa, (" Alice Doesn't Live Here least six children. Loren wakes, feeds, and dresses Anymore"), who makes out like a bandit with the everyone for the great parade through the streets fourteen year ｯｬ､ｾＮ＠ of the Eternal City. The screenplay was written by 26-year-old Paul The camera pans across the courtyard of the Diamond. Director Francis Simon has garnered apartment complex, in topsy-turvy fashion, to the numerous awards for his work in TV and feature apartment of Mastroianni, a tired, slovenly man length documentaries. His ftlm, "The Queen," who struggles to maintain his sanity. He has been about a beauty contest for female ｩｭｰ･ｲｳｯｮ｡ｴｯｲｾＬ＠ fired from his job for being " subversive and received rave reviews and was shown at Cannes In depraved." He wearily addresses envelopes for a 1968. His "Polanski Meets MacBeth," a portrait of department store, speaks forlornly to a ｦｲｩ･ｮｾ＠ over director Roman Polanski, was honored at the 1973 the phone, and contemplates the Lugar that SItS on American Film Festival and his "Weekend of a his desk neICt to the mounds of envelopes. Every Champion" a portrait of race driver ] ackie move is measured. Stewart ｾｯｮ＠ honors at both the Berlin Film The apartment complex is deserted save for Festival' and the Grand Prix Film Festival in these two painfully lonely people and the mus- Yugoslavia. tachioed evillitrle woman who worlcs as the care- "The Chicken Chronicles" is a mustfo see, only taker. This old woman leaves her radio blasting a if you need a good laugh. narrative of the passing parade, which serves as a by Raymond]. Pulverman background for the remainder of the fIlm. CRIMINAL-CODE REFORM. CONTINUED FROM PAGE 1 or the functioning of Congressional inquiries. The Kennedy maintains that the conspiracy section provisions ofS1437 should be amended to clearly prosecution of such activity would rurn upon the in S1 437 (§ 1002), requires more than a mere require, as California does, that there be some judicial definition of" improperly" and "impair", agreement, that conduct is required in funherance "act" or " action," aside from a mythical and the extent of "influence." These terms beg of the conspiracy. Butthe word" conduct" leads to " agreement," taken in funherance of the conspi- the question of constirutional vagueness. a myriad array of subjective determinations. racy, before federal criminal liability would be Section 1861 empowers any public official or Although this entire area of relationall inchoate imposed. employee to issue a "public safety order" in a time doctrines is plagued with rampant discretion, S 1437 creates a new category of criminal solici- of fire, flood, civil riot, "or other condition," that S1437 codifies such a danger. Conspiracy laws, as tation. Solicitation, another" relationall inchoate" might pose a risk to public safety. The words Justice Jackson observed in Krulewitch v. United doctrine, is also plagued with prosecutional "other condition" would subject any public States, (1949) 336 V.s. 440, the "history [of the discretion. Many legal experts have argued that conspiracy offense] exemplifies the tendency of a the language of section 1003 creates a new sub- assembly to the judgment of any federal employee principle to expand itself to the limit of its logic. ' , stantive criminal offense. Intent is required, but who might perceive a "threat" to public safety. Jackson also noted the difficulties inherent in a the language which includes the phrase" entreats, Such a nebulous phrase should not be incorporated conspiracy trial: "the order of proof is difficult for a induces or otherwise erldeavors" to persuade into the federal criminal code. judge to control ... such that a conspiracy often is another to engage in illegal actions. This section, This anicle has attempted to highlight some of proved by evidence that is admissiWe only upon when applied to dissident political expression, can the more onerous provisions ofS 1437 . The "good assumption that a conspiracy existed ... The naive have a very chilling effect, because of the points" of the legislation are summarized by Sen. assumption that prejudicial effects can be over- tremendous potential of expansive utilization of Kennedy in the companion anicle. It should be come by instructions to the jury, . . . all practicing such a section. clear upon reflection, however, that the merits of lawyers know to be unmitigated fiction ." The legislation would also create several new S 1437, primarily the re-organization of the In order to suppon the proposed section 1002 criminal violations. Section 1323 of the bill would criminal code, are outweighed by the potential "conspiracy" provisions of S 1437 , one should extend protection of a witness or informant beyond harmful consequences that could be envisioned insist on the inclusion of a clear indication that the the safeguards against threats or physical force. under the provisions outlines above. The summary amorphous word "conduct" is defined as requir- The new section would allow prosecution for "any analysis is that despite the advantages in recodi- ing an affirmative or negative "act." Inasmuch as other act with intent to influence improperly, or fication, the defects still stand, and they militate the law of conspiracy is inherently vague, -the obstruct or impair" the administration of any law against adoption. By Tom Garvin The new 5.1: an abridged edition By Sen. Edward Kennedy fective provlSlons designed to meet on its face. eliminates the archaic common-law modern problems-consumer and The new bill would overhaul the requirement for fwO witnesses to election fraud, environmental pollu- entire federal sentencing process. A prove perjury other than before a Senate Bill 1437, the revised version tion, white-collar crime and govern- sentencing commission is created and grand jury, and also allows the of the contrnversial S. I , constitutes ment corruption. Where such federal directed to establish guidelines to government to prove perjury by show- what I think is the most impottant laws do exist, they are often sub- govern the imposition of sentences for ing that the defendant made or af- attempt in 200 years to reorganize and ject to loopholes and haphazard or all federal offenses, taking into flCmed two or more murually incon- streamline the administration of nonexistent enforcement. consideration factors relating to the sistent statements without indicating federal criminal justice . On May 2 of This chaos was bad enough. Yet, purpose of sentencing, the character- which statement was false . The leglsla- this year, I joined with Sen. John when we talk about how the current istics of the offender, and the aggra- tion creates a new offense of "traf- McClellan of Arkansas to introduce laws acrually promote injustice, how vating and mitigating circumstances ficking in stolen property," which is S. 1437 , "The Criminal Code Reform they mean different things for the rich of the offense. In sentencing directed toward busting up the pro- Act of 1977," in Congress. It is my ·than for the poor, one flaw stands out ｯｦｦ･ｮ､･ｾＬ＠ a' judge will be expected to fessional fences. It creates a new hope that by passing our bill, the above the rest: federal sentencing sentence within the range specified in offense of operating a racketeering federal government will create a policy. Sentencing in America today is the guidelines, although, if he con- syndicate, and prohibits the "laun- cornerstone for a new commitment to a national scandal. There are no siders the range inappropriate for a dering" of proceeds by investing il- the critical problem of crime and guidelines to aid judges in the exercise particular case , he is free to sentence legal ｾ｡ｩｮｳ＠ into legitimate businesses. criminal injustice in America. of their discretion, no appellate above or below the guideline range as And just as important as what has S. 1437 follows in the wake of review of sentences. Different judges long as he explains his reasons for been included are those objectionable various state code ' modifications. hand out widely differing sentences to doing so . If an offender is sentenced S. l provisions that have been Since 1970, well over half the states simila,r ottenders convicted ot the below the range specified in the modified or eliminated entirely from have either reformed their criminal same crime. Some offenders, includ- guidelines, the government may the new bill. The so-called Official laws or are currently doing so. The ing many repeaters, escape jail obtain appellate review of the Secrets Act has been deleted, the federal government haS a similar re- altogether while others-convicted of sentence. If an offender is sentenced insanity defense has been restored, sponsibility to act. Public attirudes re- the vety same crime-go to jail for above the range specified in the the Smith Act has been repealed. Pro- flect a growing sense of frustration at . excessive periods. Aqd once in jail, guidelines, the offender may similarly visions expanding the death penalty the inability of government to deal prisoners all too often fmd their term appeal. Under this new approach, have been cut out, a federal disorderly with crime and the various problems of imprisonment depends entirely on the gross disparities in sentencing conduct provision has been struck, and of our over-burdened criminal justice the whim and arbirrarv di-cretion of found in current law should be provisions dealing with riot and dem- system . the parole board. In ｾ｡ｳ･＠ after case significantly reduced. onstrations at a courthouse have The plain fact is that the current prisoners are denied freedom on the With the development of sentenc- been carefuily drafted to take into federal criminal code is a disgrace. It grounds that they are not yet ing guidelines and determinate or account civil-liberties objections. The has become a random assembly of "sufficiently rehabilitated." Mean- fixed sentences, the traditional role of extortion offense has been rewritten provisions laced with ambiguities and while, others are deemed "fit" to the parole board would also become to protect organized labor activities, gross inconsistencies. Offenses are rerurn to society sometimes for obsolete. S. 1437 gradually phases out possession of small amounts of mari- scattered throughout all 50 titles of ｾ･｡ｳｯｮｳ＠ wholly separate from behav- parole release by conferring on the juana is no longer a federal crime, and the existing federal code. Over 80 lOr. commission the authority to state the "inherent power disclaimer" conflicting sections deal with theft; 70 S. 1437 is designed to deal with exactly the amount of time a prisoner section of the current wiretap law has relate to forgery' and counterfeiting; these and other injustices found in should serve for a particular crime. been cut out and emergency warrant- over 80 hinge on undefined terms Current law. The bill completely The parole board is left with the sole less wiretaps have been restricted. In describing states of mind such as reorganizes the code in a logical and functions of conducting parole board the end, the bill has shrunk from its "wanton," "lascivious," "malic- consistent manner. Over 70 current hearings and assisting prisoners in original. unmanageable 800 pages to ious" and "corrupt." The interpreta- starutes relating to arson and property their rerurn to society. The function 300 pages. tion and application of such multiple destruction are consolidated into just of predicting a prisoner's "rehabilita- Along with many others, I viewed starutes inevitably results in inconsis- three sections. The one theft section tion" is terminated. S.l, our bill's predecessor, as a set- tencies, loopholes and hyper-techni- in the bill replaces over 70 current Other effects of S. 1437 would be: back to the goal of true criminal code calities. theft and fraud starutes, with the the repeal of the Logan Act; the reform. S. 1437, on the ·other hand, Much of our current criminal code penalty for the offense varying addition of new defenses to protect the avoids political ovettones. It is a fresh is definitely archaic. For example, the depending on the kind and value of press from judicial "gag orders"; an alternative that, I believe, reflects Logan Act of 1799-enacted during the property stolen. Similarly, five expanded Civil Rights Act to pro- changes essential to any fegeral the administration of President John forgery and ,counterfeiting offenses hibit discrimination based on sex, as criminal code effott. Adams-prohibits private communi- replace the 80 offenses found in cur- well as race, color, creed or national Just a few months ago, Edmund G. cations with a foreign government. In rent law, and 50 starutes involving origin; the elimination of special Brown, the distinguished chairman of other starutes it is still a crime "to perjury and false statements have corroboration of the victim's testi- the Brown Commission on the federal impair military effectiveness by a false been censolidated into four ｳ･ｾｴｩｯｮｳＮ＠ mony and exploration of her past criminal code and a long-time sup- statement," even though this provi- In place of 80 current levels of cul- sion has not been invoked since World sexual history in rape cases; a detailed potter ot cnminat law reform. stated pability, all undefined, our reform series of election offenses and that ,. if the Criminal Code Reform War I. In a lighter vein, it remains a bill defines just four: intentional, actionable consumer frauds; payments Act of 1977 is adopted I think it will federal crime to lie to a ship's captain knowing, reckless and negligent. This of up to $50,000 for "pecuniary loss" be one of the most constructive moves or to detain a government carrier simplification will permit far greater to victims of violent federal crimes or in the administration of criminal pigeon. clarity and uniformity. In addition, their surviving dependents. justice in this cenrury." I share that Nor is the current problem limited over 100 definitions are listed to In addino .. , the bill takes a broad view. It is now up to the Congress and to flaws and confusions of existing ensure uniform interpretation. S. view of the liability of an organization this Administration to make this sections. Omissions from the code are 1437 . thus provides a common for the acts of its agents, an impottant "constructive move" a reality . also significant. The law lacks any ef- dictionary to make it understandable white-collar crime weapon. S. 1437 THE NEW S. l:AN OFFICIAL SECRETSACT

By Jack C. Landau and Charles Sennet The following is a response to Sen. Edward Kennedy's defense of his bill S.1437 by staff members of the Washington based Reporters Cqmmittee for Freedom of the Press.

Should a news editor or reponer be criminally convicted and jailed for" improperly" criticizing a government official, causing the official to be suspended or dismissed? Should a publisher or broadcaster be sent to jail for publishing news about a criminal trial in violation of an invalid coun order? Should a freelance writer or reponer be jailed or ftned for possessing any "stolen" government report, even if it shows that the government itself is breaking the law? These are some of the "Official Secrets Act" provisions of the present S.l (now S.1437) which the press was surprised to see when the bill was introduced in the Senate last April 28. The result is that, for the third time in ftve years, the nation's press ftnds itself opposing a bill supported by both the administration in power and In short, the new S.l, except for the espionage ranging criminal powers to severely restrict the influential conservative and liberal Senate spon- provisions, duplicates the Nixon Administration First Amendment rights of the press to report and sors - this time Senators John J. McClellan S.l by giving the federal government wide- of the public to receive the news. (D-Ark.) and Edward M. Kennedy (D-Mass.). While many other sections of the bill may be This Official Secrets Act philosophy-con. This latest attempt to censor the press started "constructive," the press provisions, if passed as ceived mainly by the Nixon Administration-is with the introduction of a bill to revise the Federal introduced, will prove to be a most destructive that government should have the power to protect Criminal Code. It was seen as a move that was, move for the First Amendment and the free flow itself from public criticism and embarrassment by over-all, a progressive, and in many cases of news to the public. Not only would the bill having criminal conviction powers to intimidate imaginative, attempt both to consolidate the authorize the conviction and jailing of news exec- and harass the press into silence; and if the press myriad of conflicting laws now on the books, some utives and news reporters for violating invalid gag refuses to be intimidated, then to send reporters of them unchanged for 200 years, and also to in- orders, for possessing any "stolen" government and editors to jail. troduce some new concepts into the federal crim- reports and for "improperly" criticizing govern- The liberal and conservative supporters of this inal law on sentencing, parole, drug possession ment employees, the bill's provisions would also bill argue that the Justice Department will never and other common law crime issues. But unfortu- authorize the conviction and jailing of news per- use the provisions of this bill against the press. nately, from the news media's point of view, the sons: for refusing to disclose conftdential news We are, chey say, in a "new era" -an era of good bill still retains the same press censorship sources in violation of an illegally issued dis- feelings. Therefore, despite the plain language of philosophy of its original 1973 Nixon version and closure order; for refusing to give police notes of the bill-authorizing prosecutions and jailing of many of the same Official Secrets Act provisions. an interview with a conftdential news source the press for reporting news to the public-we The 1973 bills (S.l and S.1400) died in subcom- whom the reporter suspected was involved in a are asked to believe that the recent unpleasant. mittee, largely thanks to the Watergate scandal; crime; for possessing any original government ness between press and government will never and the 1975 bill (S.l) died because of opposition memo, letter or document; and for publishing any recur. by a number of interest groups, including the government report without permission, regard- But the moods of politicians change quickly and press. When Senators McClellan and Kennedy less of content. dramatically. We at the Reporters Committee are introduced the new S.l as joint sponsors (McClel- The bill also has several other government trying to assure.that the public will be protected in lan was the leading sponsor of the 1973 and 1975 censorship provisions. One would make it a crime its righcs to know the news, regardless of whether versions), they praised the bill. And in his article for past or presen' government employees to in- the administration is friendly or hostile. in this magazine last month, Senator Kennedy form the press of any government information It is also likely thac this new S.l will be a model noted: "It will be one of the most constructive (including information about government crimes) for the staces, and as such will certainly encour- moves in the administration of criminal justice in deemed "private" under any government agency age similar official secrets acts to be passed by this century." "regulation, rule or order." state legislatures. CONTINUED ON PAGE 12

AS A BABY FROM THE EXPLODING PLANET NEON, AR-I GREW TO MANHOOD ON EARTH--r"IHOSE ｾ｟＠ｲａｌｾ＠ YELj,(JioJ SUN AND LIGHTER GRAVITY GAVE HIM ｆａｎｔａｓｔｉｾｾ＠ｾ＠ V rA" ｉｉｓｉｕｐｊｾｒＭﾷｰＨｘｾｭｓＡ＠ IN BAYSHORE CITY, HE POSES AS ｍｉｌｄＭｾ＠ｲｾ＠ LAW STUDENT CHUCK STEIN--BUT BATTLES BEYOND AS ...

• • CRIMINAL-CODE CONTINUED FROM PAGE 11 show that he took "reasonable and expeditious" So here we are, five years after Watergate and al government, this bill would now add the additional powers to harass and intimidate the news steps to oppose the order. In short, the provision the Pentagon Papers, with a bill making a frontal enshrines the doctrine of Walker v. Birmingham assault on the First Amendment by giving the organization and news persons of modest financial resources with the threat of bankruptcy if they at- into federal legislative law and requires the news- Justice Department and the courts new or ex- paper to submit itself to the jurisdiction of the panded criminal authority to jail news reporters tempt to fight back. About three weeks later, the Reporters Com- court no matter how illegal the court's actions. and news executives. mittee for Freedom of the Press asked the Senate The fourth change is a minor technical change Subsequent to the introduction of the bill, an ad which authorizes the federal government to con- hoc committee composed of 17 news organizations staffers whether any speciftc agreement had been worked out formally or informally on any of the vict a reporter for possessing any government in the print and broadcast media met with mem- document because the bill makes it a crime to take bers of the Justice Department and the staffs of provisions. The Reporters Commitee was in- any action which "impairs the availability" of a Senator Kennedy and of the Senate Subcommittee formed that no agreements were worked out or government document. on Criminal Laws . To one degree or another, forseen until after June 21 , the last day of the The bill has now been reported out to the full press opposition was voiced to various sections in subcommittee hearings, and that therefore the Judiciary Committee and it is possible that further the bill and the Justice Department and Senate bill stood as introduced. With the public record changes will be made. But considering the new staffers indicated that compromises might be closing and no agreements worked out, the Re- porters Committee testified against the bill. composition of the Judiciary Committee, with in- available. Naturally, when the major news organizations Three ｷｾ･ｫｳ＠ later, Senator Kennedy's office creased representation by conservative senators, are faced with these provisions-if they ever are and the subcommittee announced changes in it is questionable as to what type of further _ they will spend thousands of dQllars (millions if three sections and several weeks later announced ｾｨ｡ｮｧ･ｳ＠ will occur. they have to) to keep their reporters and editors a change in a fourth section. The two major The Reporters Committee is one of a number of out of jail. But the small weekly or daily, the inde- changes which have taken place completely elim- press groups which had and still has problems pendent radio sta,tion, the aggressive individual inate the provision in the bill authorizing the con- with the bill, and the press, in turn, is only part of reporter and freelance writer do not have the re- viction and jailing of newspersons for "improper- a large group of varied organizations which sources to hire legal help, especially when you re- ly" criticizing government officials and complete- oppose one provision or another. member it can cost as much as $35,000 to fight a ly eliminate a provision authorizing the conviction In all fairness, Senator Kennedy and his staff subpoena. of reporters for receiving "stolen" government have shown themselves willing to listen and to The First Amendment and the federal law are documents, as long as the documents are received make some changes in the mammoth 360-page not only for the rich and influential who can de- by the reporter with the intention of disseminat- piece of'legislation. But if more care and consid- fend themselves, if need be. They should also ing them to the public. eration to the First Amendment had been given in protect the small news organization and indivi- A third change in the bill still permits an editor the first ｰｬ｡｣･Ｍ｢ｾｦｯｲ･＠ the bill was incroduced- dual reporter and editor who can't defend them- or reporter to be jailed for violating a concededly then much of this controversy could have been selves very well. Given the already unlimited invalid order prohibiting the publication of news. avoided. legal and law-enforcement resources of the feder- The news person can escape conviction if he can

s 1437 the defects are too strong spiracy (Section 1002) . Conduct is required to carry Section 1861 would put int9 the hands of any out the objective. But "conduct" lends itself to federal employee the power to issue a public-safety Sen. Edward M. Kennedy's defense on the subjective interpretation. Conspiracy laws are order in a time of fire, flood, riot, "or other opposite page of the federal criminal-code reform inherently dangerous, as Supreme Court Justice condition" that might create a risk to public safety. bill is an even tempered discussion of this compli- Robert H. Jackson said 28 years ago when he noted That "other condition" would subject any public cated and important legislation. But he fails to the tendency of prosecutors to indict for con- gathering to the judgment of any petty federal reach the substance of the provisions that present a spiracy rather than to prosecute for the substantive official who might be disposed to see a threat in any threat to the freedom of the American people. offense. He observed, "The modern crime of con- public assembly. We do not conclude that this is his intention. To spiracy is so vague that it almost defies definition Section 1343 says a person would be guilty of a the contrary,we believe that it is his purpose to ... It is always primarily mental in composition." crime for making a material false statement to a rationalize and improve the current chaotic state of Kennedy's analysis of the crime of criminal law-enforcement officer or to a noncriminal inves- federal criminal law, and in our editorial of Sept. 6 solicitation (Section 1003) is similarly faulty. Some tigator assigned to that responsibility by statute or we noted that the present bill is a signiftcant legal experts maintain that the language of this regulation. The statement would have to be volun- advance over the prior measure that failed in the section is so broad that it would create a new crime. teered or offered after the person was warned that past Congress. That point can be brushed aside as a quibble. It is a false statement was an offense. Even so, the Yet general assertions of intent are no substitute the substance of this provision that is signiftcant. citizen would be subject to prosecution on the for a patient examination of sections of Senate Bill Intent is required, but the language includes judgment of an investigator, and the outcome 1437 that would affect the rights of free speech and "entreats, induces or otherwise endeavors" to likely would turn on the citizen's word against that assembly. We find a similar defect in some persuade another to engage in illegal conduct. of the official. approving editorial comment on the bill, which: Criminal solicitation, like conspiracy, is one of The authority to impose use immunity on suggests that its supporters have read about legis- those inchoate crinles that reach conduct before witnesses, reaffirmed in S1437, has been upheld lation but have not read the legislation. the commission of an offense. Applied to political by the courts. Only lastJune 14 the U.S. Supreme Kennedy says no part of the bill would make it a expression, it can have a chilling effect, because a Court obliquely approved this end run around the crime for the press to refuse (0 disclose confiden- zealous prosecutor can make every member of a Fifth Amendment. But the legality of the proce- tial sources, yet under Section 13 33 a news reporter political group liable for the actions of a few who dure does not attest to the wisdom of undercutting could be jailed and fined for refusing to testify or violate the law. the Fifth Amendment. This reasoning also applies produce information to protect a confidential Kennedy fails to understand the potential con- to recodifying existing laws of contempt to reaffirm source. Section 1311 would permit a police officer, sequences of Section 1323 on tampering with a the power of courts to issue gag orders against the without a subpoena, to demand the possession of a witness or informant, Section 1861 on failing to press. news reporter's notes or photographs taken at a obey a ｰｵ｢ｬｩ｣ｾｳ｡ｦ･ｴｹ＠ order and Section 1343 on All this is not to minimize the difficulties of re- public meeting or demonstration. A refusal c.!Wld making a false statement. forming federal criminal law and winning the result in prosecution, with a possible jail term and Section 1323 would go beyond the protection of a support of widely divergent groups. The technical a heavy fine . If a witness had a legal privilege for witness or informant from force or threat. It would task is hard enough without the frustrating refusing to testify, that would be a defense, but extend to "any other act with intent to influence political problems. Yet we cannot agree that the court decisions against such a privilege for new improperly, or obstruct or impair" the adminis- merits of the bill are so great that they override the reporters make that defense more mythical than tration of any law or the exercise of a legislative defects. real. power of inquiry. The scope of permitted activity ©LAT1977 Kennedy asserts that agreement, in and of would depend on an official defmition of "impro- itself, is not sufficient to convict a person of con- perly" or' 'impair."

ｾｾｾｾｾｾｾｉｾＧｾｉｾ［ｓ＠ IT? THINK, LEGALMAN-- ｾ＠ HOW S_B_ 1 WAS CREATED!

ON OF A BUREAUCRACY ' ACCUMULATED THE SKELETON OF RICHARD MONKTON--.'

WHO HAD BEEN ｲｯｵｸｵｾｸｮｵ＠ BEFORE IN A PERILOUS SWAMP: THE TIDAL BASIN! THE EDITORIAL RESPONSE TO S.1437

BY EDWARD M. KENNEDY Contrary to the surprising conclusion reached in a recent editorial in The Times, the enactment of ｾ･＠｣ｯｭｰｲ･ｨ･ｮｾｩｶ･＠ｾｲｩｭｩｮ｡ｬＭ｣ｯ､･＠ reform legis- ｾｴＱＰｾ＠ now pending In ｃｯｾｧｲ･ｳｳ＠ would bring sIgnificant progress to a wIde range of civil- ｾ･ｾＮ＠ Edward M. Kennedy [D-Mass.] is the liberties issues. pnnczpal sponsor, along with Sen. John L. Mc- In urging the defeat of this legislation, The Clellan [D-Ark.], of criminal-code reform legisla- Times does a disservice to the cause of both tion in the Senate. responsible law enforcement and individual freedom. The current Senate bill, S.1437, is the culmina- tion of a decade of effort to modernize the federal criminal code. Experts from one end of the philosophic spectrum to the other have described support. imprisonment for disobeying an order issued in the present code as "archaic," "repressive," General rhetoric about "eternal vigilance" is case of ftre, flood, riot or other conditions that "unfair" and "a threat to the civil liberties of no substitute for careful examination of the details created a serious risltto people or properry. But, every American." of the legislation. Parricularly troublesome are the before a conviction for the offense would be found The pending reform would promote civilliber- inaccurate statements and misleading assertions obtained, the order would have to be found lawful ties in a variety of ways. It would repeal the made by many of the bill's opponents. Reasonable and reasonably designed. Sen. McClellan and I infamous Smith Act, which was used to hound people may disagree on whether S 1437 should be are taking another look. at this provision in light of academics and intellectuals durinE the McCarthy enacted into law, but there is no justiftcation for The Times' concern, to ensure that it is not an Era. It would decriminalize the possession of distorting and misconstruing its various provi- invitation to abuse. But should not an official at marijuana, modernize civil-rights laws, repeal the sions. The public is entitled to know exactly what the scene of an actual or imminent disaster be sexist stereotypes that have made a nightmare of the bill would and would not accomplish. Among able to issue orders to save lives or properry- rape laws and establish a generous compensation the most frequently distorted parrs of the bill are and have those orders obeyed? program for victims of crime. The measure would these six issues: -Contrary to some assertions, the bill would also enlarge the right of privacy by prohibiting the -No section would make it a crime for the not "expand" the authority of the FBI by making interception of correspondence, and protect the press to refuse to disclose conftdential sources. it a crime to give a false statement to a law-en- press against contempt charges for violating Indeed, the bill would provide a defense for forcement officer. In fact, the bill would substan- invalid judicial "gag" orders. For the ftrst time, refusing to testify or produce documents if a tially narrow the current broad law in this area; political "ditty tricks" would be outlawed. In ad- person had a legal privilege to refuse to disclose the revised provision would come into play only if dition, the proposed reform would make hundreds the information. Nor would S 1437 confer new the false statement was "volunteered" or made of other fundamental changes in the areas of power on the courts to issue "gag" orders. The after Miranda-type warnings had been given. The assembly and free speech, thus breathing new life bill would simply recodify the existing law of defendant would have to know that he was into the Bill of Rights. contempt. speaking to a law-enforcement officer, and would No such comprehensive reform has ever been - The conspiracy section is actually somewhat have to be afforded an opporrunity to retract the false statement. None of these protections exist achieved before. Overall, the bill would stream- narrower than current law, since it would allow a person to withdraw from a conspiracy before the today. line and restructure the 3,000 separate pieces of illegal object was a<:hieved. Nor would "agree- -Finally, critics like The Times fasten on the criminal legislation passed by Congress over the ment" in and of itself, be sufficent to make a "use-immunity" portions of the bill But these past 200 years. For example, a single new section person a member of a conspiracy; conduct with provisions are found in the current statute, and would replace more than 70 confusing theft intent to carry out an objective of the conspiracy have been upheld by the Supreme Court, as statutes. would also be made an essential element of the recently as last June. I share The Times' concern Moreover, 50 perjury statutes would be re- crime. In this respect, the proposed reform is with the potential abuses of use immunity, but to duced to three provisions, and four specifically actually more "liberal" than California's own argue that the provisions are a clear violation of defined states of mind (intentional, knowing, conspiracy law. the Fifth Amendment is to ignore express reckless and negligent) would replace more than - The proposal in the area of criminal solicita- Supreme Court opinions to the contrary. 70 undefined, vague terms. Also, the legislation tion would not make it a "new and elastic federal In general, the pending legislation follows the would harmonize and clarify scores of other legal crime," as The Times maintains. In fact, this recommendations of the Brown Commission, a terms to assure uniform interpretation. section simply would redeftne a similar federal bipartisan group chaired by former California Most important, the bill would provide the first offense, and follow recommendations by the Gov. Edmund G. Brown and composed primarily comprehensive reform of federal policy on pun- American Law Institute's progressive Model of liberal academicians. Indeed, the bill would ishing convicted criminals. It would phase out Penal Code and by the National Commission on add additional civil-liberties safeguards that con- both indeterminate sentencing and parole, which Reform of Federal Criminal Laws established in servative members of the commission opposed. have been criticized by law-enforcement experts 1966 by President Johnson. The language of the Opponents of the bill are unfairly confusing the and prisoners alike as abusive and unfair, and reform would require both "intent" to encourage issue by constant and unwarranted references to would establish a commission to provide sentenc- a crime and "circumstances strongly indicative of the now-defunct S 1. The real comparison should ing guidelines for judges. For the ftrst time, that intent." Why shouldn't soliciting a bribe or be made between the current bill and current law. sentences would be subject to appellate review. suborning perjury be a federal offense? In fact, a It is fair to object to the reform proposals because Some liberals who oppose the bill do so on the precedent for considering these acts a federal they do not go far enough in some areas - but ground that it does not go far enough in improving crime dates back to at least 1949, and the Cattino wrong to castigate them as a step backward. the chaotic state of current law. Beyond a decision in California. The reform bill would We now have a rare opporrunity to take a giant reasonable doubt, that sort of "all-or-nothing" merely recodify existing law to take this, and step forward for the benefit of both law enforce- approach will doom the bill to defeat, despite its subsequent rulings, into account, and to conform ment and civil liberties. It would be foolish to miss numerous major improvements. In my view, the with recommendations of the American Bar this opporrunity fo.c truly major advancement continuing opposition from this quarter is a Assn. because of an "S 1 complex" and the impossible hangover from the amply justified and extremely - Another section would create a new federal dreams of those who refuse to help lay the founda- passionate attac.ks on S 1 in the past Congress, an offense carrying a maximum term of five days' tion for progress unless Rome is built today. early precursor of the present bill that I did not . October 31, 1 Opinion PAGEl.

HARRY'S INTERVIEW

ａｶｾｮｵ･＠ His mind was blank. "I read antitrust," he ｾ＠ Harry knew his career - his very being was Harry stood on Golden Gate at .the northeast corner of the Hyde Street mtersectlo.n. fmally. hanging on the outcome of this interview. Since He dashingly tipped his cap to thar special. Sam Davidoff yawned. the morning of his sixth birthday Harry had nur- red-head who happened to be standing on the They talked for several more minutes about the tured a burning desire to be an antitrust attorney. southwest corner. He directed a sly wink in her film and shook hands upon another authoritative At nine he bought his own copy of Martindale & though royal knock at the door. Hubbel and poured over its contents until he direction as he proceeded diagonally toward her. She walked away without hesitation toward the "You'll hear from us in three weeks." sai4 became familiar with every west coast Jaw firm. Davidoff. College. He also committed to memory the words of the ｇｾｴ･＠ Harry wondered how the interview had really immortal Morton Sail opinion, and recited its The swinging doors at 305 Golden opened. and Harry slipped in. Spryly bounding ｾｰ＠ the gone. He felt that he had developed a real rapport holding to candy store keepers in the neighbor- with Davidoff during their rwenty minute chat. He hood. Harry believed in education of the working stairs he arrived only ten seconds pnor to interv'iew time. He walked past the reception area was truly worried about the curve ball Sam had class as much as he believed in his country. thrown him. however. Harry wanted. more than Today his big chance had arrived. Harry pulled directly to the door behind which his interviewer waited. Harry knocked authoritatively. yet with an any single thing in the world. to have the oppor. his dad's 1957 Packard (bought at a close-out sale tunity to work with the Schwartz firm. Deli in 1957 when the Webster dealership fell victim to air of distinction. "A ra&er royal knock. ifl do say so myself." he anti-trust sent chills up his spine just imagining a Packard decision to grant exclusive dealer rights its pastranomical implications. to Webster's competitor) into the bus zone on mumbled to himself. The door opened. His arch enemy Stephen B. The letter arrived three weeks to the day of Hyde Street. He jammed on the parking brake Harry's interview. and locked the car door behind him as he Probono. having preceded Harry on the schedule. sauntered up to the curb dressed in his finest emerged - flashed a disgusted look at Harry. and Thank you for expressing interest in our flClD. Persian suit. The suit was designed for Harry by continued past. A short. squat older man With a Weare sorry that we cannot offer you a position the Hastings tailor. Susan von Bruchsa Bruthas. robust midsection rose from his seat to shake as a summer law clerk. We have interviewed He recalled her lovely hands fixing his trousers Harry's hand as he entered. .' many ｨｾｮ､ｲ･､ｳ＠ of qualified applicants. al· inseam. Those memories were but distant recol- "How are ya. Harry," he saidwith an inflectlon though you are not among them. Your grades lections now. reminiscent of Harry's Uncle Irving from Flat- place you out of the spectrum within which we After a great deal of effort he had secured an bush. "Sam Davidoff here. " generally operate in selecting our clerks. Also, interview with Schwartz. Steinberg, Feldman. "Fine, sir." said Harry. "Harry." you might consider washing your hair and! or Haldaman. Maloney, Baloney & O'Riley. a The man stuffed his mouth with a fat. putrid scrubbing your neck some prior to your next Fresno fum who exclusively brought Robinson- cigar that dripped yellow saliva from one end. interview. It was a bit unsightly, Harry. Also, Patman actions. The fum specialized in plaintiff "Let's see here Harry," he said scanning Harry's , do you use mouthwash? resume. "Tell me about yourself." Harry gave a delicatessen work. and in fact represented every We apologize for any disappointment you may brief but impressive history of his past. with deli iit the Fresno metropolitan area. Harry was be suffering. You were so below our hiring nervous. He had mulled this interview over in his emphasis on his eighteen year self taught, legal standards that we must ask. you to remit the background. He did not fail to mention his class mind hundreds of times. He perceived himself as amount offorty-flve dollars ($45) in compensa- standing which was fourth in the first year class of cool, collected and calculating - a virtual tion for the rwenty minutes we erroneously computer filled with information able to decipher five hundred. spent with you . the essence of every question and instantly •'What do you do for fun." asked Sam Davidoff. Good luck in yourfurure legal endeavors. analyze its content. It was that uncanny 'Harry' "Fun?" said Harry. charm & savoir-faire that he wanted to exhibit in "Yea." .said Sam. "Fun. Ya know. Do ya play Very truly yours, its most complimentary light. Harry intended to baseball or chase the ladies? Do ya watch the Sam Davidoff push his every statement-his every e.xpression ponies ｾｮ＿＠ What?" P.S. Harry. keep the change. to the limit. yet not topple from the tight rope that Harry synthesized the question. Fun was not in . by Scott Righthan'; would mean. alas, a thanks-no-thanks dismissal. any category he had prepared for this interview.

so YOU WANNA BE A HPHILADELPHIA LA WYER" II

I must confess that t'm from Philadelphia. All larly inauspicious for Zenger, whose case was selfless dedication in the vindication of individual things considered, however, it may not be as bad weak in terms of cOI!.temporary English law. liberties which gave rise to the expression as it sounds. There's Mayor ,Rizzo (we all know FurtheF, the judge, prosecutor, and court ap- "Philadelphia lawyer." about him) , the Phillies (they can beat the Dod- pointed counsel were all appointees of Governor Today, however, the term has taken on a dis- gers any time), soft pretzels, and of course Rocky. Cosby. tinctly different and certainly less favorable But let us not forget the' 'Philadelphia lawyer" - It was Andrew Hamilton who came to the meaning. In its more recent connotation, "Phila- that paradigm of legal integrity and propriety, rescue, having been retained by Zenger's sup- delphia lawyer" refers to an unusually sharp and which like the name Holmes, ranks in the rolls of porters. In his 80's at the time, Hamilton jour- crafty attorney, well-versed in the intricacies of legal exemplars. neyed to New York to make a surprise and dra- legal phraseology. who delights in miring his Well, before you abandon hopes of that Big Job matic appearance in Zenger's defense. clients with legalese that only he can understand. on Montgomery Street and living the "good life" He readily admitted that Zenger had printed The "Philadelphia lawyer" is' particularly adept in Marin to move to Philadelphia and become a the libel, which according to the law at the time. at exploiting legal technicalities and in manipu- Philadelphia lawyer, icmight be worthwhile first was the only point in issue. But Hamilton lating sympathetic and impressionable jurors. to see just what you'll be getting yourself into. addressed himself to the jurors and stoutly main: The Oxford Dictionary appropriately defmes Perhaps being called a Philadelphia lawyer today tained that the real issue was whether or not what "Philadelphia lawyer" as "a shrewd or unscrup- isn't quite what it used to be. Let's see. was printed was true, in effect, arguing truth as a ulous lawyer." Tq some extent it is complimen- The term •• Philadelphia lawyer" originated defense to an accusation of libel and flying in the tary in that it implies great ability in dealing with . with Andrew Hamilton. the Philadelphian who face of contemporary legal precedent. complex matters - as in the phrase' 'it would take successfully defended New Yorker John Peter His commanding personality. his persuasive a Philadelphia lawyer to figure that out." Zenger against libel charges in 1735. eloquence and the broad sweep of his statesman- Additionally, the use of the term also implies Zenger. the printer of the New York Weekly ship manipulated the jurors into disregarding the that it was the Philadelphia lawyer who made J ouenal. was accused of criminal libel, following Judge's instructions and acquitting Zenger. Thus, everything so hopelessly complicated in the first his libelous attacks on the Royal-Governor of New while the case may have been a great moment in place. York colony. William Cosby. He languished in jail the annals of liberty, it was a dubious case in the Still thinking of moving to Philadelphia? Who for nine months before his case came to trial on annals of law. knows? Maybe Philadelphia isn't as bad as Phila- August 4. 1735. Nonetheless it was Hamilton's brilliant defense delphians say it is . Then again. maybe it is. When the case opened. things looked particu- of Zenger; his tireless energy. imperious will, and by Michael De Angelis r 31 / 1977

FIRST YEAR REPS.

Tom Umberg Sec.'A'

Neil Moran Sec.'A'

Steve Skuris Sec.'A'

Katherine Codd Sec.'B'

Catalina Lozano Sec.'E'

Ada Goldberg Sec.'C'

SEX:nID YEAR REPS.

Bill Cavalier Immediately upon commencement of your first or second year, you may enroll in the Pam Underwood BAR/BRI First and Second Year Lease Program. For a tuition of $95 you are entitled to: Nancy Henderson • A current set of used BARIBRI Outlines (1977). • $25 tuition discount per subject when enroll- Alfredo Rodriguez Ing In our First Vear Lecture Serle •. (See our First Vear Lecture Series Brochure.) Kim Cranston • Vour $95 tuition Is fully credited towards the cost of your senior BARIBRI Bar Review Course In the year you graduate. Peter Bertrand • Vou are automatically entitled to any "Early Sign-up" discount as offered during your Torn Garvin senior year by BARIBRI. See your campus rep for an application or call any BAR/BRI office. Brett Borah

ooobnBAR REVI EW 220 McALliSTER STREET SAN FRANCISCO CALIFORNIA 04102 , I·U$l8e1.e820 Get a head start on Finals or the Bar Exam ... BRC's FORGE AHEAD LECTURES

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PAGE 1.

THIRD YEAR CLASS PRESENTS:

In COLOR

Date ___TO_D_A_Y_! ___ Time 2:30,4:30, 6:30 p.m.

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"O ve r 10,000 1 PAPER DEPOT copies made daily " 2BB GOWEN <:ATE A VENUE SAN FRANCISCO, r ALWORNIA 94102 1415) 776·9240 ｾｾｾｾｾｾｾｾｾｾｾｾｾｾＧ＠ OFF-HOUR BANKAMDUCARD XEROX SPECIAL GILBERTS ALL SELF SERVICE COPIES ARE Hastings 3< EACH ON TUESOAY & THURSDAY EVENINGS 6:00 · 9 '00 AND SATURDAY 12 :00 · 530 i Bookstore MASI1!Jt CHARGE ! (3< Rates apply only dUring hours above) i HORNBOOKS 1 COMPLETE SERVICES ...... ｾｩ＠ QUALITY PRINTING & XEROX COPIES ,.. !__ ...... _ - ______...... _ .... __ - ...... "'_e_, _, ...... __ ...... _.-._ •• •• __ . , •• _, •• •••••••••••• _, _, __ , __ , ｾ＠ 31, 19n PAGE17 Profile STUDENT GUIDE TO CITY ELECTIONS On AU8,ust 26, 1977 the Hastings DemocratIc Club voted to issue a 6. Tom Scanlon is a 52 year old na- questionnaire to all candidates run- tive of the City of San Francisco. He ning ｾｯｲ＠ Supervisor, City Attorney was educated at St. Joseph's College and CIty Treasurer in San Francisco HASTINGS DEMOCRATS in Mountain View, with continuing in an effort to better equip ourselves education in Cash Management, to vote in the elections November 8. Computerization, Municipal Disclos- Below are the questions and a ure, and all pertinent local and na- Septeniler 20, 1977 letter like that which we sent to the tional seminars. Scanlon has twenty- candidates. Also below are the re- nine years of service to San Fran- sponses from the candidates. Note Dear Candidate, CISCO in various departments. He was that not all candidates did respond, '!be llastirqs OOIIIocratic Club is er of c:andidates running far ｾ＠ and the respond to all the questions. ｾｴ＠ of 5pIICe we have available in which to p.lblish the results of Sunset District of San Francisco. this survey, we ask that you follow the instrllctions qiven below. Also, please rote that due to the aIx>w! menti.ooed oanstraints we WJ.ll ｾ＠ [TYPESETTERS' NOTE: Don't your responses as ... ｾｶ･＠ than; we will not edit ｾ＠ resporuoes before they are sent to. the pnnter. In addi tian, we may not be able to p.lblish blame it on us! Except for standard- all of the quest.iona and the t'e9pCI>SeS to than. Be assured that we loIil1 SUPERVISOR izing format, all responses are type- ｾ＠ the ...... ｾＱＺｊＮ｡ｬｳ＠ and the responses for all the c:andidates. set exactly as they were received In8tructians : CANDIDATES from the candidates; no alteration of 1. Type your re&ponaes, double spaced, with a three in::h lIIlrgin on the language, grammar, or spelling has left hand aide of the paper, unless the question indicates that you been made.] should reoopcni in a different manner. 2. we _t reoaive your responses to this questianaire no later thin oet:obeIo 15, 1977. Serd your respc:1MeS to: '!be IIastirgs OOIIIocrats, c/o Marc Aprea, 3627 Lincoln Way, San Prancisoo, ca. 94122. DISTRICT 1 CITY ATTORNEY GORDON LAU If you have cr:t ques1:J.als with respect to tha ｾ＠ｰｾ＠ call Marc Aprea at 731-2343. 4. about $25,000 AND 'DIII>k you tar your oooperation. 5. a) Lillian Kwok Sing, Attorney and James Sing, M.D. - S6OO. b) Rolland Lowe, M .D. and Kathy TREASURER Lowe, housewife - $500. c) Barbara does, I would use my legal ex- sistant Law Professor; and member Ching, housewife and Sam Ching, perience to solve San Francisco's of many law associations. I received pharmacist - $500. d) Harold Vee, legal problems in a progressive and the highest rating for legal ability Exec. Director and Wilma Yee, 1. How much money do you expect innovative manner. and integrity in the Martindale- Nurse - $500. e) Mr. & Mrs. Hanley to spend on your campaign? 6. Graduated from Harvard Law Hubbell Law Directory. I earned by Hoey, Real Estate Broker and house- 2. List the top five contributors to School in 1965 and practiced with a B.A. and J .D. from Stanford. wife-$500 your campaign, and the amount they private law firm in Denver. Subse- 6. Chinese-American Democratic have contributed. quently with San Francisco Neigh- Club, San Francisco Tomorrow, 3. Name three people or organiza- borhood Legal Assistance Founda- e.O.P.E. tions that have endorsed your candi- tion until 1974. In 1969, I stucied CITY TREASURER 7. Distrrct electIons created a dacy for (City Attorney or City public administration at the London THOMAS SCANLON promise of greater accountability Treasurer)? School of Economics. From 1974 to 1. How much do you expect to and responsiveness on the part of the 4. Name two things that you want 1977, I was director of the San Fran- spend on your campaign? 525,000 Supervisors, and I mean to accomp- to accomplish if you are elected City cisco Lawyers' Committee for Urban maximum. lish that through regular district Attorney, in 50 words or less. Affairs. 2. List the five top contributors to meetings and interaction Also im- 5. In 50 words or less, what dis- your campaign: Tom Scanlon, 5500; portant WIll be a tax program that tinguishes you from the other candi- GEORGE AGNOST Mary Scanlon, $500; John Gafty (re- balances what residents pay and dates running for (City Attorney or 1. We do not known for sure. We tired), 5500; Andy Regalia (British what downtown buslnp.ss pays: City Treasurer)? would estimate around $75,000. Motors), 5500; Frederick Walker downtown must pay theIr share. 6. Please furnish a biographical 2. Nicholas e. Petris, California (Bankers Discount- V.P.), 5450. 8 As PreSIdent of the Planning statement, in 50 words or less. State Senator, 5500; E. John Kleines, 3. Name three people or organiza- CommiSSion, I brought meetings into Attorney 5500; David P. Weaver, tions that have endorsed your candi- the oeighborhood where citizens Jr., Attorney, $500; Jack Werchick, dacy for City Treasurer: could provide input. I supported dis- CITY ATTORNEY Attorney, $500; George Christopher, Joseph L Alioto (former Mayor of trict elections as far back as 1969 (in GIL GRAHAM Former Mayor of San Francisco, San Francisco), Louis Batmale (re- marked contrast to two opponents, 1. $25,000.00 $500. tired Chancellor of City College of who worked for its repeal). I've 2. Gaylord Willis - $500.00. This 3. Of the many hundreds of at- San FranCiSCO, Benjamin SWIg (hotel worked within the Chinese commun- is a grass-roots campaign. Most con- torneys who have endorsed me, re- owner). ity on education issues, senior citizen tributions are substantially less than flecting all points of view, there are 4. In the interests of better gov- $ervices, etc $100.00. Vincent Hallinan, Nancy L. Simpson ernment I will attempt to complete 9. Property taxes can be lessened 3. San Francisco Tomorrow, S.F. and John A. Sutro, Sr. two reforms which have been suc- by drawing upon different revenue Council of Democratic Clubs, S.F. 4. Two of my goals are to: cessfully instituted in all other Cali- sources for city funds, namely, the Young Democrats. 1) make the City Attorney's office fornia counties. downtown businesses, By paying 4. The work performed by the City more effective, responsive and up- 1) Have the Treasurer named ad- their share of taxes, the burden can Attorney's office is often unprofes- to-date through administrative, visor to the retirement system in- be shifted off residential properties sional and inadequate. I would make equipment, personnel and legal investment board The parking tax can be used the office more effective by promptly novations and; 2) Consolidate the office of tax col- similarly. evaluating and settlinl claims 2) increase the percentage of lector under the Treasurer to insure 10. A graduate of St. Iinatius "ainst the City and County before women and minorities on the prcr quicker and more efficient placement High School and the University of tri&l. I would make tte office more fessional staff to reflect outflow from of real estate tax deposits San Francisco, I worked my way efficient by hiring a professiona1 of- law schools and <:ity population mix. 5. Within the constraints of State through school as a scavenaer and fice manaaer and by utilizinl para- 5. I have 25 years of experience in restrictions, throulh computerized postal clerk. I am a lawyer and have lea •• and law cletb. Municipal Law, most of the time cash management, we have been served as President of the City Plan- 5. Both of my opponents are c0m- serving as a trial attorney repre- second in the State of California in ning Commission. I am married and mitted to maintaining the status quo senting San Francisco. I have the ex- return on investment during the past the father of three girls. in the City Attorney's office. Rather perience and knowledle of the office four years. This has meant tax sav- than needlessly defending city bur- to provide expert legal advice and ings, increased revenue, and more eaucrats, resisting the implementa- representation to City Officials. efficient performance. My opponent tion of state and federal legislation, 6. I am the Chief Trial Deputy City admits I have an efficient operation and ignoring the interests of many Attorney; Hastings College of Law and also admits that she has no San Franciscans, as the office now faculty member; former USF As- financial experience or background. October 31,

Golden Gate Bridge monies to the and County of San Francisco 1. Please indicate yo= positioo on the foll",:,ing propositions that will Municipal Railway, and have op- many years and believe that my appear on the _ 8th Ballot by checking the appropriate box. perience will serve me well on a Yes No undecided posed the increase in the Muni fares. Yes No UOOecided Yes No UOOecided Board where knowledge of the A. H. o. b. Better and More Public Hous- P. lative will be critical. B. 1. ing . I have consistently ｳｵｾｰｯｲｴ･､＠ C. J. R. D. K. the protection and upgrading of S. E. L. public housing since my induction as F. M. N. a Supervisor. Most recently, I have G. w DISTRICT 4 2 The drawing bel"", represents the city budget for 1976-1977, in tenns of worked to bring Community Devel- RAY BROSHEARS • iIv:xJne and expenditures. Q1 the attached diagram, please indicate haw opment monies for upgrading of you think the budget should be. 4. 53,000 to 54,000 housing to the Chinatown area, have 5. ME $300 House of Public Services Enterprises __-- General GoYerment ｾｾｾＺＺＢ＠ $108,000,000 opposed the expansion of Hastings $100 John Johnston 5100 *P.S $103,000,000 [/)33% []34% [X]33% W 100% without adequate housing relocation Restaurant $100 Church Street Sta- fUnicipal Railroad plans (which has been accomp- tion $100 $79,000,000 lished), and have consistently op- 6 . United Republicans, Teddy [/]15% [ ]43% [X]4 2% posed the building of giant develop- Roosevelt Republican Club, Dwight Welfare Health $109,000,000 ments and parking structures at the K. Tripp, III, Gene Prat, Elmer Wil- $153,000,000 (I ]19% ( ]27% ( x] 54% [/)65% [ ]24% [X]U% cost of low income housing . With the helm/Minuteman Democratic Club, SChools desperate straights that San Fran- Polk-Nob Hill Nieghborhood $198,000,00 cisco finds itself in, it is imperative Association. [/)28% [ ]67% [X]5% (/)8% ( ]44% (X]48% that the housing issue be addressed 7. I want to bring about rent con- (I)State and Federal [JAd Valorem [X)Other Income and that needed funds required be trol, which is essential to the survival approved. 3. Please explain, in SO words or less, ycur response to 12. of the low income and poor of our 8. My experience. As a member of city. A city earnings tax on all who 4. HC7oo/ I1IlCh money do you expect to spend on your carrpaign? the Board of Supervisors for six make over 515,000 per year. 5. List the top five contributors to your current ｾｩｧｮ＠ for supervisor t years, I have been actively involved 8. None of the others are as well and the anuunt they have contributed. in bringing results to my constitu- known and as accessable as I am. I 6. Name three people or or.,anizations that have eIrlorsed your candidacy for ents. I have not taken the traditional supervisor this election. have more community involvement positions, and in some cases, have than any of the other ten candidates, 7. Name two things that you want to aOCXJ1l>lish J1"OSt if you are elected taken what was considered at the supervi90r, in 50 words or less. many of who came out of the "wood time to be unorthodox stands. As a work" at election time. My name 8. In 50 ..:>rds or les, what distinguishes you fran the other candidates running in your district? civil libertarian, I have strongly ad- recognition is district wide, is as vocated civil rights and was the 9. Rising property taxes on residential properites in the city n-ean rising good or better than Ms. Hutch or rents for renters. In SO words or less, what solution do you propose to author of 12 a and b of the Adminis- Mr. Twonsend .... and I received the rising property tax problen? trative Code which prohibits dis- 9,000 in this small area last year 10. Please furnish, in 50 ""rds or less, a biographical statsrent. crimination in hiring by contractors when I ran for the College Board and with the city and county of San received 22,450 city wide,. votes. Francisco. I have opposed the Air- I cannot be bought ... and the people port Expansion, fought to increase know that I am a foe of bad cops, DISTRICT 3 unconstitutional laws . Open the business and parking taxes and etc., as well as a strong tenants CHRISTINA GROTH market. Get government out: of per- worked to protect the Commission on advocate. 4. When campaign finance state- sonal associations, contracts. Give the Status of Women when it was 9. The needs to be a general tax ments are finalized .and filed, this owners, renters own earned threatened. With the background reform proposal, which would reap- becomes public record. Unknown rewards! and knowledge I have garnered as a portion certain taxtion. Rent control. this date. 10. Cornell University Masters legislator and with my working 10. SAN FRANCISCO RESI- 5. Same as four, with the ex- housing, design; post masters hos- knowledge of the Board of Super- DENTS OF DISTRICT 4 NEED RAY ception that the current status to pital, food service facilties, hotel visors, I believe that I will add a BROSHEARS AS THEIR SUPERVI- September 29, 1977 is matter of engineering. voice of reason with the onset of a SOR. RAY BROSHEARS AS "BEEN public record. BASIC INDUSTRY agriculture/ED- changed system of government and THERE" WHEN THE PEOPLE 6. Numerous individuals endors- UCA TION elementary, university / representatives. NEEDED HIM! HIS NEARLY ing my candidacy will not appear on ADMINISTRATION youth, adult 9. I was instrumental with my TWELVE YEARS RESIDENCY IN letterheads and they cannot vote be- program responsiblity foods, cloth- resolution on tax sharing in having DISTRICT 4 GIVES HIM AN EDGE cause they live outside district three. ing, household economics, manage- the Association of Bay Area Gov- OVER ALL THE OTHER I question the merit and value of ment, equipment, furnishings/BUS- ernments do a conference and study CANDIDATES. "organizations" endorsing people, I NESS employed/self-employed, of taxation alternatives to the prop- especially when they seem to be en- arch itect(s), inventor, diversified erty tax . As a member of the Finance dowed with nonprofit and/or tax ex- other/RESEARCH, WRITING own, Committee, I understand the diffi- DISTRICT S empt status as most endorsing seem others, published, proprietary, arch- culty of producing other forms of - JIM EARNSHAW to be. Wbat do you propose to square itecture, hospital, food service facili- revenue and determined that this is this situation? Hide it or refuse to ties, other. an area which has a crying need for 7. Priorities: Tax reform to take acknowledge it or to deal with it? more studies. I believe that certain burden off real private property & 7. The necessity to avail citizens of expenditures which have a regional institute progressive corporate & options to policy panderi ng, to JOHN MOLINARI based significance should be shared private income tax plus enabling for changes possible and amenable to by the communities at large. For ex- split role, and cut "frill" bonding to change by individuals cannot be 4. $30,000.00. ample, cultural institutions in the enable job development, housing re- overstated. Only when individuals 5. Good Government Fund, core city which are beneficial to the construction, etc. Reorder priorities take control of their lives, enact their $550.00; Mr. J. Paul Cannizzaro, region at large should be a shared to people orientation - human ser- citizenship, take responsiblity for $500.00; Hotel Employers Associa- expenditure. I believe that com- vices from Rights to foot patrol. themselves, their behavior and be- tion of San Francisco, $500.00; Mr. muters have a duty to pay their fair Preferential & affirmative action in havior results can change occur. Paul J. Langdon, $450.00; Mr. Rob- share of city services and think that a hiring. Government obstructs this impera- ert P. Varni, $500.00. commuter tax may be an answer if 8. My varied background, political tive. Legalize Liberty! 6. San Francisco Tomorrow, Bay the legal problems can be resolved. experience in honest, clean cam- 8. Quality, character of personal Area Women's Coalition, Citizens 10. Born, raised, and live in North paigns from environment, District citizenship, of my life. Range, diver- for Justice, Transport Workers Un- Beach. My wife is Louise Molinari Elections, McGovern, Hayden, etc. sity, quality of entire background. ion, Mexican-American Political As- and my two children, Lisa and Jay Residence in District since 1964; Survival of government assault to sociation, Chinese American Citi- attend school in the North Beach active participation in human politics control/subjugate me by successive zens Alliance, Mayor Moscone, Fed- area. I attended the University of continuously. No machine or power theft/redistribution regimes; to di- eration of Public Employees, Yerba San Francisco and have a degree in pockets. Worked with many in pres- minish, degrade individuals NOT Buena Democratic Club, Ping Yuen Business Administration. I have ent office on reforms. Strong advo- producing progeny; to promote/sub- Tenants Association, and the Re- been a member of numerous Boards cacy of jobs, housing, human rights sidize/guarantee intervention, vio- publican Central Committee. and Commissions, the most notable and environmental safeguards. lation, repression. I advocate per- 7. a. Adequate public transit. As a of which are: The Board of Super- 9. Progressive, sliding scale pri- sonal independence NOT govern- member of the Golden Gate Bridge visors, The Civil Service Commission vate and corporate income tax plus ment impoverishment-dependence. Board of Directors, and as one who is (President 1970-71), Director, Gold- split-role (higher bus. tax) to brin. 9. End property taxes on people concerned that dealing with the en Gate Bridge District, Director, down residential taxes and hopefully using NO services. Users properly problem of the commuter to the core Bay Area Pollution Control District rents. We cannot rule out rent pay full services/use costs without city requires financial support for (Executive Committee), Member, control due to low vacancy rate even exception. Private - NOT public- mass transit, I have strongly sup- Northern Regional California Coastal with above reforms. Reassessments money properly funds services used. ported the Transit First Policy, Commission. I have participated and must be made of current "big" Enforce laws across the board; erase worked to bring 1 million dollars of articulated my concerns for the City business & more light industry in lMGE 19 I"'""'"

city will add to tax roles (tax in- DISTRICT 8 CIfItive inducement if necessary). HELEN FAMA Board Latino Bilingual ESAA Ad- Jesse Tepper, $350, candidate; Jim visory'Council. Director Mission Ed- 10. Originally from N.J. where my 9. Property tax ... McAlister, 5200, attorney; Mary Irandfather was a City Councilman, ucation Project, American Legion, Tepper, 5100, retired. REDUCE BY ELIMINATING my father a Mayor and Police Direc- and Commonwealth Club. I am mar- 6. Alice B. Toklas Memorial Dem- ERRORS AND UNNECESSARY EX- ried to the Dean of Women Mercy ocratic Club, Chinese American tor. My own political background PENDITURES began in 1955 (H .S.) writing and Burlingame and Pat and I are the Democratic Club, Rev Cecil OFFSET SKYROCKETING RESI- speaking out against ｊｾ＠ｍ｣ｃ｡ｲｴｾｹＮ＠ proud parents of one daughter Williams DENTIAL REAL ESTATE PRICES 7. Municipalization of PG&E will I've received an A.B. In Education WITH A STATE CONSTITUTIONAL and an M.S. in Clinical Psychology bring over 520 million per year ｩｮｾｯ＠ AMENDMENT TO ELIMINATE EX- LOUIS G. ALLSOPP the city treasury This windfall will (S.F. State). I've been in law en- CESS TAX GROWTH 4. I expect to spend no more than make possible a major upgrading of forcement, economics, administra- PROVI DE PROPERTY TAX RE- tion, psychology and education. $3,000 on my campaign To spend a City services A Watchdog Agency LIEF WITH STATE BUDGET Within each city department would SURPLUS lot of money to get elected IS contrary to my philsophy. monitor hiring and promotional prac- RICK STOKES BASED ON VALUE OF PROPER- 5 Ca ptain Edward J Ward, tices recommend ways to cut waste, 4. $36,500 TY-NOT ON GENERATED and i'ntervene on behalf of aggrieved REVENUE 5300 00; The Royal Bntish Legion, 5. Nancy Achilles, $500.00; Dale 510000; Anthony Sola, $1 00 .00; reSidents Bentley, $500.00; David Goodstein, SHOULD BE SOME TAX SHAR- Paul Lee, $15 00; Charles Edl in, 8 Other candidates promise to cut 5500.00; Michael Metachek, ING FROM SURROUNDING taxes or expand services without COUNTIES 515 .00. I have a number of other 5500.00; Peter Pender, $500.00. small contributors. telling how they' ll do it . I've pro- 6. San Francisco Tomorrow, Chin- EXTEND SENIOR CITIZEN 6 Frank N Burgoyne, M .D., posed specific programs to accomp- ese-American Democratic Club, Citi- PROPERTY TAX ASSISTANCE Sheldon P WeiSS, M.D., Carlos A. lish both these goals. I have a record zens for Justice. LAW TO WIDOWS OVER 40 YEARS Vargas, MD. as a " doer", successfully fighting in OF AGE 9. City government must seek al- 7 I would like to devote my full many community battles I've pro- ternative sources of revenue. Prop- 10. Ten years legislative expen- energies to reOrienting residents posed more new, workable ideas ence, 20 years of extensive commun- erty taxes can not continu.e to rise from the fear and paranOia ｴｨｾｴ＠ now than all my opponents combined. ity service, a poliltical scientist with while business taxes remain low or permeates our city to identity ｡ｾ､＠ 9 I've proposed the " Tepper Tax business background have made me are actually decreased. The tenant is pride City Hall needs to become in- Plan" - a system of property tax re- extremely familiar with all the resi- the ultimate payer of the property volved In a positive energy program bates coupled with a higher tax rate dential, business and industrial ｣ｯｭｭｵｾ･ｲ＠ to combat the abundant negativity - which would have the effect of tax. I believe some form of areas of the City and its social and tax must be established as an intenm flourishing in our City The most ob- lowering net taxes on smaller build- economic problems. I have the ex- ings, while Increasing the tax lia- measure. People who daily place de- vious forms of this negativity are the pertise and am dedicated to helping bilityof the largest buildings. There mands on the City's services but pay high crime rate, prejudice, hate, solve City problems. would be a mandatory pass-through nothing for these services place. an fear, apathy and indifference. I of savings to renters unfair burden on the San FranCISco would like to see the establishment 10, J esse Tepper: a life-long San property owner and the individual DISTRICT 9 of district police stations and any and DR. LEE DOLSON all things that would allow the people Franciscan, homeowner, social work- taxpayer. I believe that long term, er. He' s been involved in numerous substantial tax reform must move 4. It is difficult to ascertain be- of San Francisco greater input into city departments neighborhood and community organ- towards some form of a single, pro- cause our spending is based upon izations, including Inner Sunset Ac- gressive income tax collected by the contributions and they are still com- 8 I see myself as the only moder- ate candidate in my distnct who is tion Committee and Save Our Beach. federal government and returned to ing in. At this date approximately He was project director for ｬ｡ｮ､ｾ｡ｲｫ＠ states and localities based on some $2,000.00 has been expended. neither on the far left or right. I feel that I can unify the district because I study of San Francisco' s grand JUry equitable formula. However, no mat- 5. The five top contributors to my system, supervisor candidate 1975; ter what is done, we must all ｲｾ｣ｯｧﾭ campaign at this date have been. pn- represent and stand for San FranCIS- co consciousness, neighborhood con- author SFDE ballot argument nize that local governments re.liance vate individuals who felt my fiscal against PropOSition B. on the property tax is an archaiC and policies on the Board of Education sciousness, identity and unity The outdated approach towards c?lIect- were sound and have contributed to other candidates all represent and have loyalties to narrower Interest ing revenue in modern Amenca. my supervisorial race expecting I will JERRY FISHKIN be fiscally conservative. groups. One needs only to read my 6. American Federation of ｔ･｡ｾｨﾭ literature or see my signs to know DISTRICT 6 that the spirit of my campaign is dif- 4. 512,000 DALEGOR W. SUCHECKI ers (AFT-local #61 e.O.P.E.), Union 5 Benjamin Kaplan, 550000; Labor Party, Yerba Buena Democra- ferent from that of the other candi- 2. I have not been able to make a dates. I represent a new spirit of T &R Investment Corp, S4OO.00, Leo. tic Club. . & Anne Hills, $350.00, Joseph San- detailed study of the budget and 7. The two most important things I freshness and bring together a would not wish to make snap judg- unique combination of enthusiasm, dell, 5250.00; Jack Sum ski, 525000 would like to accomplish is fiscal s.ol- 6. George Joel Morris, Merchant, ments. On a general principle how- knowledge and energy My back- vency by searching for alternative Morris' Fine Wines, Walter Rabe- ever I hold to the philosophy that ground is also more diverse than tax sources and the cessation of the north, Deputy Shenff; Linda ｾｨｩ｡ﾭ cutting city services usually is ｢ｾ､＠ other candidates. social decay that is driving many rucci, Secretary; Kurt Melc lIor, economy and inevitably results In residents and businesses out of San 9. I am committed to holding t.he line on property taxes and would in- Attorney . loss of revenue far in excess of the Francisco. This should be accomp- 7 Total reviSion of the MUni sys- money it saves. lished by zoning, strict law ･ｮｦｯｾ｣･ﾭ vestigate new sources of revenue such as the airport departure tax tem, including publishing all sched- Response to #8 should repeat #2 . ment, and community ｣ｯＭＺｯｾｲ｡ｴｬ＿ｮＮ＠ ules and changing the routes for (which is highly effective in ｅｵｲｯｾＩＬ＠ 9. The burden of running a city 8. Each candidate in District nine more current relevance. a commuter tax, a payroll tax With that attracts a daily work force of two is distinct. The candidates have To study and revise the property million cannot be borne by about a broad backgrounds in business, edu- rebates to residents, as well as seeking to make the Port an asset tax structure so that it is more quarter of a million of thos.e ｷｯｾｫ･ｲｳ＠ cation and community involvement. eqUitable who happen to live in the City. Either The one distinct thing, from ｴｾ･＠ rather than a liability 10. I am a 10-year resident of 8. I can work with all elements of it must come in greater part from the voters point of view that I ｾｳｳ･ｳｳＬ＠ IS the district as well as with the var- two million or more support must be former practice in a political and District 9 and an active member of many local organizations. My work IOUS elements of the new Board of forthcoming from the entire Bay public board. Supervisors. I have district wide experience includes 9 years on the Area to shift the burden of taxes to 9. Tax bases are established by the support from community leaders ｾ･ﾭ the business community. . state legislature and collected. 'oc:a - staff of New Jersey' s largest news- ' ､･ｧｲｾ＠ siding In district eleven and have In- 10. I am running for supervisor I The state must join is finding paper (while completing my at Rutgers University), one year In depth experience in operating a gov- from district 6 because I am a ｢ｯｾ･ﾭｾｴ･ｲｮ｡ｴ･＠ methods of obtainning .tax ernment agency. insurance sales and 8 years In medi- fide labor candidate in a working revenue and freezing spending 9. I don' t believe in 50 words one cal sales in San Francisco as well a,s 5 class district and because I. do not levels. . can explain the possible solutions to believe any district can effectively be 10 I am a native San FranCiscan, years as a professiona.1 tour gUide ｰｲｯ｢ｬ･ｾｳＮ＠ and trainer of tour gUides for San the property tax Howev.er, represented by an ethnic power born 'November 3, 1924. I ｧｲ｡､ｵ｡ｴｾ＠ there must be a shift In the taxing FranCISco I am a goal directed and structure, Latino or otherwise. . from Annapolis and was ｃｯｭｭｬｾﾭ structure as I mentioned in question results oriented with the energy and The present emerging Latino sioned February 29, 1944. I served In seven. The new Board must lobby enthusiasm and knowledge to ad- "machine" in our district coul? combat and,was wounded. ｾ･ｶ･ｲ･ｬｹ＠ Sacramento for legislative correc- dress the problems of District 9 and serve to disenfrancise or other mi- in Korea, and left the mllitar,: to tions the downtown businesses San Francisco. norities to any effective purpose. become a teacher at Balboa High. must 'be forced to pay a fairer share . This should be ample reason, I Presently I am a teacher at San Fran- of the tax load of this City. believe for blacks to support me. cisco City College and served as DISTRICT 11 I am currently a labor official and President to the School Board (elect- JESSE TEPPER have been able to function very well Special thanlc.s to Kim Cranston, ed 1972-1977). . .. , . Marc Aprea, Steve ｾｭ｢･･Ｌ＠ Bob with a predominantly black leader- My community activities Incl.ude. 4 55,000. .. 5 Diana Lim, 5500, station officer; Hertzberg, David Roth, Georle ｾｳｨｩｐ＠ St. Lukes" Nursing School adVISOry in my union. e. robert wallach, 5500, attorney; Duesdieker and Albn King. l Alumni/Development

LAW CENTER NEWS For the commuter who must re- crete dining commons floor during a in the basement of the Academic main at school all day, a break for a LAW CENTER PLANS Wednesday night volleyball game. building. INCLUDE NEW FACILITIES game of handball or basketball The lack of facilities has made it Included will be two handball/ would be invaluable, both mentally Law students are notorious for difficult for Hastings students to take raquetball/squash courts; a small and physically. ignoring their bodies in their quest part in recreational activities. At gymnasium for basketball, volley- The shower and locker facilities for academic laurels. Nowhere has most law schools, students can use bally, gymnastics; an exercise/ will enable students to change back this been more evident than at Hast- the resources of the undergraduate weight room; and two steam rooms. into street clothes following a work- ings, where scholastic competition is campus. Hastings has only the Ten- Appropriate dressing and locker out, jogging or an intramural game. keen and recreational facilities non- derloin branch of the YMCA where areas, with showers, will be pro- Intramural programs could expand vided, as well as a small equipment existent. facilities are less than optimum and to include volleyball, basketball, storage room. Recreational opportunities at money for membership dues often handball, raquetball and badmiton. This facility will not only en- Hastings have been limited to two ha rd to come by. Most important, the recreational courage Hastings students to exer- clubs - Rugby, an all-male club and The College recognizes the need center will insure that Hastings cise, but will promote interaction the Hastings Runners - and one infor students to "recreate." Law ｳｴｵ､ｾｮｴｳ＠ have an opportunity to between students, and between stu- tramural sport - softball. A few Center plans include the construc- pursue their career goals with a dents and faculty. hearty souls have braved the con- tion of modest recreational facilities sound mind and a sound body. ABA MEETING AT HASTINGS- Hastings will host the Second An- The attorney general is scheduled registrant. All participants will be Thursday night, November 10, will nual Fall Meeting of the American to address a dinner program at the given the opportunity to have their be a reception for registrants and Bar Association' s Section on Liti- Hyatt Regency Hotel on Saturday performances videotaped for later guests at the Hyatt Regency. On Fri- gation on November 11th and 12th, after the close of the skills develop- viewing and critique. Team leaders day evening will be a cocktail cruise 1977. The meeting will be highlight- ment program. for each group will consist of exper- on San Francisco Bay, ending with ed by a two day trial practice series Manning said the program is ienced trial lawyers and judges, dinner across the Bay in Tiburon. and a "major speech" by U.S. At- based on the belief that "the lawyer many of whom have been involved in Saturday night will be the Section torney General Griffin B. Bell. develops trial skills in large part by the National Institute of Trial Annual Reception/Dinner, and an Over five hundred attorneys from participating and by observing Advocacy. exciting and stimulating evening is throughout the U.S. will be in at- others participating in real or simu- In addition, each registrant will planned for you. On Sunday, the tendance at the two day trial skills lated trial court situations." have the opportunity to observe ac- meeting will conclude with a tour of development program, which will Assisting Manning in presenting knowleged leaders of the trial bar the Napa Valley wine country, in- utilize the audio-visual television the program is Section Chairman- demonstrating their varied ap- cluding the opportunity to test the videotape techniques pioneered by Elect Weyman I. Lundquist, San proaches to different trial problems. wares of some of California's most the Hastings College of Advocacy, Francisco. Lundquist said each reg- Within each group there will be an famous wineries. the National Institute of Trial Advo- istrant will handle simulated trial interchange of views between parti- Registration begins at 4:00 p.m. cacy, and the Hastings Television problems. All participants will be cipants concerning the strategies Thursday, Nov . 10, in the Hyatt Office. As Section Chairman William given an opportunity to have their and tactics of handling specific trial Regency. For further information J. Manning observed: "The heart of performances videotaped for later problems. please contact Cynthia Parker, liti- the meeting will be the two days of viewing and critique. An exciting social program is gation Section, American Bar Asso- trial skills development." The entire Registrants will be assigned to planned utilizing the unique setting ciation, 1155 E. 60th St., Chicago, skills development program will be small groups where simulated trial of the San Francisco Bay Area. On III. 60637, phone 312/947-3863. conducted at Hastings. problems will be handled by each

ALUMNI CHAPTER ORGANIZATIONS

During the course of the past One of the major areas of program organizing activities in San Francisco communication among the members several years, there has been a tre- development has been alumni chap- and Orange County. of the Hastings Community - alum- mendous growth of the alumni pro- ters. The AssOCiation's first chapter An additional program being in- ni, students, and friends of the Col- gram at Hastings. In an effort to was formed in 1971 encompassing stituted this year with the idea of lege. Through chapter functions and improve all areas of communication the Greater Los Angeles Area. Since reaching out to alumni in areas too other local gatherings we hope to with the now nearly 7500 Hastings that time chapters have been formed lightly populated with alumni to keep you informed about what is alumni the College has made its re- in Hawaii, Washington, D.C., Ala- support chapters, is informally called happening at Hastings today. sources available to the Board of meda/ Contra Costa Counties, San the "Dean's Circuit." Dean Marvin Through these events you have a Governors of the Hastings Alumni Mateo County, the Central Valley, J. Anderson has pledged to make chal1(e to meet other Hastings alum- Association. The Governors, who and the Tri-Counties area at Santa himself available as a luncheon ni in your area as well as to renew old serve on their own time and at their Barbara. Steering committees for sp.eaker to any group of alumni in acquaintances, and we have the op- own expense, have used these re- chapter incorporation are working in California. portunity to inform you about the sources to try to develop programs Santa Clara County and Greater Sac- The purposes of this massive or- quality legal institution and the which will benefit the alumni and ramento, and plans are underway for ganizing effort are many, but all are quality students that are Hastings students as well as the College. geared toward the goal of increasing today.

NEED EXTRA CASH FOR WINTER BREAK? WORKERS NEEDED TUES. - THURS. NIGHTS NOVEMBER 15 through DECEMBER 16

. The Hastings ,?evelopment Office is in need of student workers for help The Top Ten became the Top Eleven for the a-of 1979. The MOton D. Green Top In the Annual Drive Telephone Campaign. Ten Citations are glven IUlIlnally to the ten students having the hlghelt pUe average The work will entail three hours per night of telephoning, and will take In the Firat Year C1us. ThIs year, two students tied for tenth place, H eleven awarda were glven at the Orientation Anembly. place on Tuesday, Wednesday & Thursday nights from November 14 Those receiving the cltatlou were: Terence CbllrCb, Stephen CoIUna, PanI Dlon, Jon through December 16. Students with work/study eligibility are preferred. Eisenberg, Robert H. GUdden, IUc:hard HID, Ann LawHn, Donald Patterman.Crlgaer, Contact Lisa Pierpoint at 557-3571 for details. Thomas Regele, Jndlth Rosenberg, and Robert H. Siou. They eaeb received an Italian Marble paper welaht with the dlatlDetlve logo of the ｾ［ＦＬｾ･ｮ＠ Award. Don Patterman-CrJuer who held the top place received a check for

No other Law School baa eacb a recognition for achievement In what Ia probably the ronaheet year In Law School.