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The Justinian Volume 1981 Article 1 Issue 2 March

1981 The uJ stinian

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Recommended Citation (1981) "The usJ tinian," The Justinian: Vol. 1981 : Iss. 2 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1981/iss2/1

This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian ~ ustiniau VOl. XLI Wednesday, March 11,1981 No.5 Chinese Law Symposium Weinstein Elected Sponsored By Alumni The Law Review Alumni Asso­ sor of Law at Columbia University School To Board of 1hIstees ciation presented a symposium on "Current of Law. Developments in Chinese Law," on Thurs­ Donald Paragon, B.L.S. alumnus ex­ By Lisa Printz day February 19, in the Moot Court Room. pressed grave reservations as to the ability A group of about 50 people heard three of one million people to service one billion Paul Windels, Esq., president of the speakers discuss Chinese criminal law, people. Board of Trustees has announced the elec­ Chinese legal education, and the role of the Paragon explained the major role of the tion of the Honorable Moses M. Weinstein, lawyer in China. Chinese lawyer is to uphold t he state, there­ Justice of the Appellate Division, Second Professor Gao Su Yi, a professor of law fore a defense is built on a client's "legiti­ Department, to the Board. at Jilin University, Peoples' Republic of mate requests in line with the interests of Judge Weinstein, just reelected to his se­ China pointed out that in the Chinese penal the state." cond term as president of the B.L.S. Alum­ system, the process before trial is quite ex­ Paragon also pointed out that as a state ni Association, is a graduate of the class of tensive. official, not only is there no obligation to '34. The problems with the Chinese legal sys­ defend a guilty client, but Chinese lawyers Judge Weinstein served in the Assembly tem may be somewhat attributed to the fact refuse to defend guilty clients. of the State of from 1958 to that about one million lawyers have to at­ In sharp contrast to our own system, 1969, was majority leader of that body in tend to approximately one fifth of the where the bad guy sometimes goes free, the latter half of his tenure and Speaker world's population. There are only about Paragon emphasized the differences in the from July, 1968 through the end of that 540 students presently enrolled in law Chinese system. "The theory is that nobody year. school, explained Randle Edwards, Profes- could ever get off on a technicality." During the 1968 Republican National Convention, the Judge was acting Gover­ nor of the State of New York, while Gover­ BLS Places Second In nor Rockefeller and Lt. Governor Wilson attended the convention. Moses M. Weinstein In 1969, he was elected to the Supreme Advocacy Competition Court and in 1974 he was the Admisistrative his new position. "We're trying to make Judge for County. H e served in the our school as highly respected throughout Appellate Term until December 1979 when the country as it dese rves. I want to be able he moved to the Appellate Division, where to reply to the man who proudly ays he 's he currently presides. from Yale, "I graduated from Brooklyn In addition to his illustrious legal career. LJ!w chool'''. Judge Weinstein has distinguished himself His devotion to Brooklyn Law School in many educational and p hilanthropic en­ has not only affected his work and hi~ N)I_ deavors. legues. AJthough Judge Weinstein main­ He currently teaches a pre-law class at tains there was no influence involved on his York College two mornings a week, in addi­ part, all three of his sons are also Brooklyn tion to having served as counsel to the alumni. United Servi e for New Americans, League His son Jeremy is urrently State Senator for Retarded Children, Pride of Judea for the State of New York. Jonathan is the Children's Home and the Kew Garden Hills Village attorney for the Village of Woods·· Athletic Association. burg, New York and Peter. a former Assis­ Judge Weinstein was also the director tant District Attorney for Queens County, and treasurer of the Queens County Multi­ is currently the president of the Democratic ple Sclerosis Society and a director of the Club of Broward County, Florida. 1980-81 Trial Advocacy Team: 1st row, Dorothy Morrill, Paul DeFonzo; 2nd row, Stevye "Lighthouse for the Blind." Judge Weinstein believes deeply in the Knowles, Mary Jane Huseman; 3rd row, Laura Shapiro, Richard Romeo. The Judge's election to the Board comes strength of the youth. As the lawyers of as a result of the vacancy created by the tomorrow, Judge Weinstein wants to fo ter After two days of grueling competition, bers were enthusiastic in their praise of the death of Judge Henry Martuscello. "It is a good relationship between the alumni and with the final two rounds being back-to­ quality of her teaching of advocacy tech­ customary to have an appellate divi ion the student . " We can help ... we're not back with a 15 minute break, and no lunch, niques, as well as her unstinting time com­ justice serve on the Board," explained going to be here forever, though." the team composed of Stevye Knowles, mitment during the la t four weeks of prac­ Judge Weinstein, citing Judge Martuscello, Moses M. Weinstein may think he won't Richard Romeo and Dorothy Morrill, a tice. Judge Ughetta, and Judge Carswell as ex­ be here forever, but the contributions he winner in the semi-finals, was runner-up in The competition was held in the Federal amples. has made and the dedication he will contino Courthouse of the Eastern District and was the finals. Judge Wein tein ha always brought en­ uc to bring to the Board of Trustee will Brooklyn' other team, composed of presided over by Federal judges silting with ergy and determination to the AJumni Asso­ only add to hi lasting accomplishments. Mary Jane Huseman, Laura Shapiro and tate upreme Court Judges. ciation and he plans to bring this vitality to Paul DeFonzo, also represented the school, The teams have pecifically asked that all but were eliminated earlier. students who 0 generously acted a~ wit­ Both teams, under the supervision of the nesses, as well a those who came to the Locker Vandalism Trial Advocacy Society, were chosen competition in support of BLS, be tendered through a competition open to a large field thanks in thi article. of second and third year students who had A team representing BLS will compete in chosen to participate. the ational competition in H ouston, Tex­ Plagues BLS Professor Stacy Caplow, advisor of the as, on March 25. Society, coached both teams. Team mem- In several seemingly related incidents has caused the fraternity a tremendous over the emester break, lockers were amount of inconvenience. forced open and various items stolen. At this time, Lewi Kerman, Dean of tu­ Weinstein To Serve The thefts probably occurred at some dent ervice, report that maintenance The annual meeting and installation of Schwabe secretary. point during the weekend of January 22, checks all the locker rooms at regular inter­ va l during the weekend to in ure the safety officers and directors of the Brooklyn Law Judge Jacob D. Fuchsberg, of the New when very few students and staff were pre­ School AJumni Association took place on YOI k Court of Appeals, installed the offi­ sent in the school. of the locker contents. At least one locker wa broken into at Wednesday, January 28, in the Jerome cers. The lockers broken into had evidence of each of the locker locations, including the Prince Moot Court Room. In addition, directors, who were elected saw marks on them, but the maintenance The meeting was highlighted by the re­ to three year terms, were Arthur E. Blyn , staff surmises that lock clippers were used . mail room, the second floor. and the base­ election of Justice Moses M. Weinstein of Max E. Cooper, Joseph Crea, Murray Cut­ Although nothing of great value was ment mens' and womens' facilities. the Appellate Division, Second Department ler, Muriel Hubsher, Edwin Kassoff, Sam­ taken from the lockers, the thief or thieves Last semester a locker wa5 also vanda­ for his second term as president of the uel Kirschenbaum, Simon J . Liebowitz, did take books with an approximate retail lized, but Dean Kerman believes this to be Alumni Association. Jonathan A . Weinstein, Nicholas Pelle, Ar ­ value of $300. The books ranged from first an unrelated incident. Any information regarding the locker AJso elected vice presidents at the annual nold . Price and Gilbert Ramirez. to third year course materials, so no pattern break-ins would be greatly appreciated, and meeting were Ira Belfer, David L. Glick­ Justinian extends its congratulations and was easily discernible. will naturally be kept in the trictest confi­ man, Louis R. Rosenthal, Jane M . Sullivan best wishes to Justice Weinstein and all In addition, Phi Delta Phi reported the andPublished Theodore Tby. Weiser.BrooklynWorks, Miriam H . Ka­ 1981 those elected by the Alumni Association. theft of their checkbook and records from dence. 1 men was elected treasurer and Clara G. the basement womens' locker room. Thi 2. JUSTINIAN • March 11 , 1981 The Justinian, Vol.Rumblings 1981 [1981], Iss. 2, Art. 1 Justinian Publishrd undn Iht luspkH of Iht Sludrnl 8.r Associ.lion Underground BROOKLYN LAW SCHOOL 25(1 Joraltmun ~trf't'l. Brookl) n . "'I 11201 have acquired a deserved reputation lately: people pushed in front of trains Ttltphont: 1212625·2200) with subsequent micro-surgery, large numbers of gold chains disappearing, acts of violence, Editor-in-Chief ...... Lisa Printz slashings, butcher-style acts too gruesome to contemplate comfortably; and we may look to Managing Editor ...... : ...... Stephen Bury the subways for parallels in the larger society above ground, since this scenario is unfortu­ Production Editor ...... Debbie Henkin nately not limited to the underground train tunnels and stations. Entertainment Editor ...... Barry J. Fisher The violence has reduced a subway ride to a Kafkaesque nightmare. The characters in­ Advertising Manager ...... Julian Singer clude those people the mental institutions no longer have the space or funds to service, crimi­ News Editor ...... Martin Kleinman nals looking for the ideal dark hallway, working people more and more frequently armed, STAFF toughest gun-law notwithstanding, and occasionally a reasonable person. At night, thai rea­ Larry Kelly, Dorothy Morrill, Warren Shaw, sonable person will generally be doubting the prudence of his act in riding; but, it is fast and Scott Shelkin, Scott Taylor convenient. Now the cavalry is on the scene in the form of angels in uniform: paramilitary, disconcer­ Editorials express the opinions of the Editorial Board Copyright 1981 by BLS Student Bar Association ting in their own highly regimented, somber maneuvers; whose whistles blow in the gloom. The consensus seems to be that they are a welcome addition to any train one might be rid­ ing on. Stories occasionally surface about some form of city recognition of the group, along with its attendant possi ble liability, but as yet, there is no decision . The mayor speaks much more lovingly of the public's volunteer protectors than he did two years ago. Letters To The Editor One wonders why he does so. Vigilantes serve to expose the great need for increased police patrols. The difficulties of regulating a vigilante group so as to legitimize its use of force are insurmountable. They are all the same problems involved in the daily administration of the 'Legal Lepers' police power as constituted now. But the pressing need for law and order below, and the shrinking police presence, the result of some incomprehensible budgetting, allows the vigi­ We come trudging in after five, shuffling Our husbands, wives, and lovers view us as lante to become more palatable. feet, haggard looks, and battered brief­ a dim memory. Our friends check the obitu­ We urge Ihat vital services mu t be rendered by the profess ionals entrusted with and cases. Our motives range from dedication ary columns to make sure we're still alive. trained in the responsibilities and complexities of their task . One would not expect the Pine to masochism. Our occupations span the We are the legal lepers - night students. Grove Volunteer Fire Department to put out a Third Avenue hi-rise fire, nor can we hope for spectrum. You might have seen us at a par­ We leave long after the sun has departed the Angels, even with the best intent, to solve the crime wave below . ty. Perhaps you have even talked to us. You the Brooklyn sky. We work nine to five, know we exist. We are the legal lepers - then five to nine. We are the huddled night students. masses yearning to be free. We are the We are the poor souls who haven't dance band on the Titanic. We have so Library: A Cut Below watched Barney Miller in years. Our briefs much to offer. Understand us. We are the are scrawled from writing on the I.R.T. Our legal lepers - night students. Have you looked up a case recently, only to find it deleted by someone with a peculiar af­ weekends are spent in monastic seclusion. David D. Meltzer finity for Exacto knives? Perhap you were one of the unlucky few who returned 10 sc hool from the semester break to find your locker forced open. The idealist in us believes the locker va ndalism could have been done by outsiders, but even the mo t optomistic of us admit that library sabotage is an inside job. Proposed Schedule Change The vandali sm that has plagued our bookshelves is unfortunately not a new malady. It is present at all times, in all law schools. Perhaps it's caused by someone with a warped sense of humor. More likely, sadly, it's pro­ The Student Bar Association House of rather than in June. State and city spon­ bably caused by those who can't take the pressure or will do anything to retain the com- Delegates has unanimously passed a resolu­ sored internships which many BLS students tion which proposes a change in the Brook­ participate in would also not be affected by petitive edge. . Aside from the dollars and cents reasons, and the criminal sanctions for defacing our lyn Law School emester scheduling. the new schedule. The resolution proposes beginning books, clearly the more important resolution lies within ourselves. Below is a sample schedule. Please go classes earlier in August in order to end ex­ over it carefully, and decide if you would ams prior to the Christmas break. This prefer BLS to change to this new schedule. would result in a two and a half week vaca­ Please note that other area law sc hools tion over Christmas and New Year's, in­ are either on a schedule such as this one, or High School Students stead of the present reading period over are attempting to adopt it. The SBA House that time. of Delegates feels that such a change will [n addition, spring semester exams would facilitate a more relaxed atmo phere and Early Appellate Advocates be completed by the last week in May to en­ will benefit all students concerned, thus able student to take their exams and also enhancing our total educational experience. take a Bar review course without a conflict. What do you think? The SBA will hold a While this new schedule shortens the referendum on Monday, March 23, reading period in the fall semester, there through Wednesday March 25 in order to will still be an ele ven day reading period, determine how the student body feels about plus two and a half week over which exams this proposed change. Referendum voting will be administered. The new schedule also will take place from 1-2 pm and 4-6 pm on lengthens the reading period in the spring the above mentioned date in the lobby. semester for bOlh first year and upper class Your student 1.0. card is required to parti­ students. cipate. See you then. There has been some concern that Ihe new chedule would decrease the length of Respectfully, time available for summer employment. [n AUDREY SHEY, S.B.A. PRESIDENT fact, the time is precisely the same since stu­ BOBBY STE[NBERG, CHA[RMAN, dents are employed as of the end of May Schedule Change Committee

Proposed 1981-82 BLS SCHEDULE FALL SEMESTER Orientation August 13 & [4. There is NO need for a full week due to the new Legal Methods Program! Judges : L to r. Barry Sher Davis, Richard Latin, Scott Greenberg. Clas es begin Monday, August 17 No class Monday, Sept. 7 - Labor Day The Moot Court Room was the scene of the broad and vague construction of the No class Tuesday, Sept. 29 - Rosh Hashonah the final round of oral argument for seven Georgia death sentence statute. No class Thursday, Oct. 8 - Yom Kippur legal hopefuls from John Dewey High The event was arranged through the ef­ 14 weeks of class ends Friday, Nov. 20 chool on February 19. forts of Lloyd Bromberg at Dewey and Since we need to make up 3 days, a Monday, a Tuesday & a Thursday, make Wed, Nov. 25, The high school students argued before a B. L.S. 's own Professor Gilbride, who coor­ a Thursday chedule, and LAST DAY OF LASS! panel of three B.L.S. judges: Scott Green­ dinated the program and the judging. Thanksgiving break & reading week - Nov. 26-Dec. 4 (I Y2 weeks plus Sat. & Sun. = I I berg, president of the Day Division Moot Professor Gilbride encouraged the stu­ days) Court Honor Society, Barry Scher Davis, dents to continue to pursue the legal profes­ Exams begin Dec. 7 - Dec . 23 (2 Y2 weeks to administer exams) Chairperson Evening Division Moot Court sion . 2 Yz week Christmas and ew Year's Vacation Honor Society, and Richard Latin, Chair­ Rich Latin commented the budding at­ SPRI G SEMESTER person Evening Division First Year Compe­ tornies "responded well to questions and Classes begin Monday, Jan. 11, 1982 tition. were familiar with the legal issues Day off 2/15, Monday, President's Day Complete with a rooting section of fellow involved ." Spring Break April 3 (Sat.) - April II (Sun.) Apri[ 12 - Classes resume students, parents and teachers, the advo­ The arguments were followed by a LOur Classes end Monday April 26 (so as not to 10 e the Monday from Pre. Day) cates argued the case of Godfrey v. Geor­ of the law school and then the high school This i a full 14 weeks of class. gia. students prepared to leave. "It was quite an experience," remarked Reading Week - April 27 - May 5 = 8 days (thi year, 7 days for 1st year & a weekend for up­ The case involved the violation of the per class students) Eighth and Fourteenth Amendments to the one student, " I'll be back someday for the Constitution with regard to capital punish­ real thing." https://brooklynworks.brooklaw.edu/justinian/vol1981/iss2/1Spring Exams - Thursday, May 6 - Tuesday, May 25 2 ment imposed for convicted murderers, and Facultvet al.: The Justinian FOCUSJUSTINIAN. March 11, 1981 • 3 Debut Of Entertainment • Law Society A Success Professor Sam Hoffman By Warren Shaw The Entertainment, Arts, and Sports Mr. Ferrante indicated that a great deal By Larry Kelly Law Society, Brooklyn Law School's new­ of fairly specialized knowledge is needed to est student organization, made an impres­ adequately evaluate a contract in this field, Professor Samuel Hoffman began teach­ sive debut on February 18, with its first and suggested that anyone wishing to inde­ ing at Brooklyn Law in 1948. He resigned in guest-speaker program. Focusing on arti II pendantly represent musicians should first 1966 to form a private practice as a trouble­ management relations in the music indus­ gain expertise and connections by working shooter for lawyers with problem cases. He try, the program featured Miles J. Lourie, for a record company, or a law firm special­ returned in 1974, and has thereafter taught personal manager (for such artists as Barry izing in the music business. Corporations, Wills and Conflicts. Manilow) and attorney, and Vito Ferrante, Both speakers pointed out that the major In the late 1950's, Prof. Hoffman joined General Business Manager, Atlantic Re­ record companies invest between one and the staff of the Joint Legislative Committee cords. Each speaker made a presentation, three million dollars of risk capital in a po­ for the study of the Revision of the New then the floor was opened to questions. tential star. As a result of the large intial York Corporation Law. Over many years he The guests spoke with genuine enthusi­ risks and even larger potential profits, these researched, and, in the end, became a ma­ asm. The music business was shown to be companies tend towards aesthetic conserva­ jor draftsman of the present Business Corp­ an exciting and highly competitive industry. tism, market glutting, and shortsightedness. oration Law in New York. Prof. Hoffman Miles Lourie declared at the outset that, in As Mr. Lourie said "If you want to ever be­ was also the chief draftsman of the Estates his opinion, law school graduates should come a record company president, my one Powers and Trusts Law of New York. not try to specialize too quickly: "A gradu­ advice to you would be to do e~actly the re­ verse of whatever anyone else does in the ate from law school is in roughly the same Upon his return to teaching in 1974, Prof. business." position of competence as is a medical Hoffman viewed additional elective courses In response to questions from the audi­ school graduate, but unlike medicine, in as a spur to a better image and improved Hoffman's eyes wisely so, integrated with ence, however, it became apparent that the law there is no formal period of internship employment prospects for BLS grads. To­ the best teachers other law schools, firms record companies have become more en­ and agencies have produced. and residency." A distinct separation was day he fears that an excessive amount of lightened and less paternalistic over the last made between the functions of a manager outside work is hampering the BLS student fifteen years. This development is at least This enviable mix of talent is available and an attorney in the music industry. A in forming the proper foundation for legal partly due to the increasing average age and over three vitally important years, and manager's role is analogous to that of an expertise. He sees the required period of experience of performers today, as com­ Prof. Hoffman applauds the student who advocate, while the attorney acts simply as reading cases as the most important thing a pared to those of fifteen to twenty years joins the teacher in a hard working learning a "nay-sayer," objectively pointing out po­ law school can do to prepare a student for ago. classroom. tential problems in the complex web of legal practice. relationships between artist, manager, and The speakers dispelled the myth of the Prof. Hoffman will be teaching at Hast­ the record company. Mr. Lourie stressed re­ wealth and glamor of the business: "The Overall, Prof. Hoffman sees the average ings College of Law in San Francisco for the peatedly that attorneys working on behalf life of a performer is one I wouldn't recom­ student of today as an improvement over 1981 -1982 school year. Upon his return he of an artist should receive an hourly wage, mend to anyone I cared about. .. people those he first taught in 1948. He cautions, will face the present first year class in their rather than a percentage of the contract. He who perform do so, I would say, out of a however, that a higher level of general intel­ march toward graduation. It will be of great indicated that an attorney on a percentage deep insecurity," said Mr. Lourie. Back­ ligence does not ensure a higher level of suc­ benefit to listen, participate, and learn un­ is less likely to give the contracts the time stage, one sees that the glittering costumes cess in practice. The strength of BLS, in der such a fine teacher. And if you have a they deserve, since his fee is set in advance. are seamy stuff, held together by tape and Prof. Hoffman's opinion, is a faculty un­ problem, the professor assured me that his Lamenting the lack of sophistication of safety pins. For a lawyer who works for the beatable in teaching. The tradition of door always has been and will forever re­ many musicians, Mr. Lourie said "They go record companies, this is as lucrative a ca­ "home grown" talent has been, in Prof. main open and unlocked. to lawyers who charge a percentage, and reer as any, but if one wants to work for the think they're getting something for no­ artists "you'll have a hard time paying the thing ...They're begging to be raped ." rent." In sum, the speakers encouraged students Vito Ferrante concurrea with Mr. to try to enter the field. Despite recent eco­ Free Ed. note: The article entitled Fat Cats Re­ Lourie's statements, and then proceeded to nomic setbacks, the music industry, they tain Title, reported in t he February issue of describe the areas an entertainment lawyer said, is an exciting, sociologically fascina­ Agency the Justinian was incorrectly attributed to should be familiar with: contracts, especial­ ting business. Steve Saltzman. The article was written by a staff writer. We apologize for the error. ly personal service contracts; copyright law; The Entertainment, Arts, and Sports "Free Agency: Crisis in Professional partnership and corporate law; immigration Law Society welcomes new members. It's Sports" will be the second program of the procedure; the Bill of Rights and censor­ next program, which will deal with the con­ spring semester to be held by Brooklyn Law ship; and the economics of the music indus­ cept of free agency in the sports industry, is School's Arts and Sports Law Society. try. scheduled for late March. At press time, scheduled speakers include Mr. Richard Zahnd, General Counsel of Madison Square Garden Corp. Mr. Zahnd BAR EXAMS AREN'T LIKE will primarily focus on free agency in the LAW SCHOOL EXAMS National Lawyers Guild National Basketball Association. The program will be held on Wednesday Knowing how to analyze com­ March 25, at 4:00 p.m. in the third floor Counter Recruitment lounge. Admission is free and refreshments plicated essays, confusedly will be served. All are welcome! combining several fields of law, On February 24, the National Lawyers way of repaying them." and writing coherent, logical Guild of Brooklyn Law School staged a and consistent answers there­ As far as the recruitment program is con­ counter recruitment action in response to to, can make the crucial differ­ cerned, Fox feels there is a tremendous an on campus recruitment program by the Irish Bar ence in passing the Bar Exam. United States Army the same day. amount of fraud which he'd' 'like to see ex­ posed." Why not get the feel of 16 very According to Diarmuid White, a first The Irish Bar Association of Greater New difficult Bar Exam questions York is looking for new members. Appli­ year evening student and representative of In response to Fox's remarks, White of­ before the July, 1981 Baar Ex­ cants need only have a taste for the finer the N.L.G. there were several purposes for fered what he believes to be "the essential things in life. We will be marching in the pa­ am? Thousands of students, for the action. message." rade on March 17th, and all members of the the past 40 years, have been BLS community are invited to contact Lar­ convinced that the approach­ Speaking from the cafeteria, White indi­ "A lawyer should serve the interests of ry Kelly or Mike O'Connor for informa­ analysiS and style techniques cated several piles of literature exposing peace, not of war." fraud in the Army's recruitment program. tion. and methods they learned at THE KASS PROBLEM ANALY­ "In recruiting, they (the Army) divorce SIS CLINICS were essential to the idea of the military and make it look like a lawyer practicing law, when they are their success on the Bar Exam. still in business to kill people." Six Sundays, starting June 7th, In addition to the fraud involved, "we 1981 , from 1 to 4 pm at the New want to call LO the attention of graduates York Sheraton Hotel, 56th the oppressive nature of the Army; that's Street and 7th Avenue, NYC. why we set this up."

White feels that "military justice is op­ Tuition Fee: $100. pressive and racist and advances the causes of militarism." Kass Problem Analysis Clinics Jonathan Fox, a third year student and a 27 William Street candidate for a U.S. Army legal position, New York, NY 10005 views serving as "an obligation that lowe." (212) WH3-2690

The son of concentration camp escapees, Fox feels the Army was good to his family. "I Publishedwant to repay by it BrooklynWorks,some way, and it's one 1981 3 4 • JUSTINIAN • March 11, 1981

THE JUSTINIAN MAY 19, 1967The Justinian, Vol. 1981 [1981], Iss. 2, Art. 1 Quote ont! unquote by Phreadryk l ei Wroughlh ... Recently, while I sat amusing myself by perusing over scores of Sophocles (496-406 B.C.) Greek tragic poet. anicent manuscripts which I happen- to find in the tombs of the Law James A. Garfield (1831-1881) 20th President of United States. School Library, I stumbled upon a number of unusually pertinent ex­ The laws of God, the laws of man, cerpts from the works of some of the great members of societies both He may keep that will and can; past and present. In light of the fact that many of these passages had Not I: let God and man decree particular relevancy to the law and to lawyers in general, it occurred Laws for themselves and not for me. to me that they would not be entirely out of context if they appeared A.E. Housman (1859-1936) English poet, essayist, scholar. in The JI/stilliall. I, the ref ')fe, began prunning the massive volumes until Avoid law suits beyond all things; they influence your conSCience, there were remaining only those quotes which I believed to be uniquely impair your health, and dissipate your property. poignant and mcaningful, notwithstanding the fact they may have Jean de la Bruyere (1645-1696) French moralist, author. been pemled during other days and in various parts of our vast globe. Every so often, we pass laws repealing human nature. The opinions exprcssed therein are not necessarily the opinions of The (b. 1893) American writer and JI/stilliall, its staff members or Brooklyn Law School. They are, how­ (b. 1889) American playwright, actor. ever, most assuredly the opinions of those persons who will herein be As soon as laws are necessary for men, they are no longer fit given credit for their creation. Note the astute insight, the philosphical for freedom. simplicity and the genuine honesty with which all of the authors ha\'e Pythagoras (1592-1644) Greek philosopher, mathematician. made their comments. Thus, the following is a result of the brilliant Marriage laws, the police, armies and navies are the mark of creativity on the part of these authors and my expert scissorical skill. human incompetance. Dora Russell (b. 1894) English writer. Law is merely the expression of the will of the strongest for the Every law which originated in ignorance and malice, and time being, and therefore laws have no fixity; but shift from gratifies the passions from which it sprang, we call the wisdom generation to generation. of our ancestors. Brooks Adams (1848-1927) American hi storian. Sydney Smith (1771-1845) English writer, clergyman. Written laws are like spiders' webs, and will like them only en­ Laws can never be enforced unless fear supports them. tangle and hold the poor and weak, while the rich and powerful A law is not a law without coercion behind it. will easily break through them. What is it that renders it possible for people to make laws? The Anacharsis (c. 600 E.c.) Scythian philosopher. same thing makes it possible to establish laws as enforce Every law is an infraction of liberty. obedience to them-organized violence. Jeremy Bentham (1748-1832) English philosopher. Leo Nicholaevich Tolstoy (1828-1910) Russian \\"fiter. We, like the eagles, were born to be free. Yet we are obliged, There is plenty of law at the end of a nightstick. in order to live at all, to make a cage of laws for ourselves and Grover A. Whalen (b. 1886-1963) American businessman, politician. to stand on the perch. When men are pure, laws are useless, when men are corrupt, laws Henry St. John Bolingbroke (1678-1751) Statesman, political and are likewise useless. When laws are useless, so are men. philosphical writer. Fredric Jay Roth (b. 1942) Brooklyn Law School student, etc. It is hard to say whether the doctors of law or divinity have It is a maxim among lawyers, that whatever hath been done made the greater advances in the lucrative business of mystery. befcre may legally be done again: and therefore they take special Edmund Burke (1729-1797) English political writer. care to record all the decisions formerly made against common When you have no basis for an argument, abuse the plaintiff. justice and the general reason of mankind. These, under the name Marcus Tullius Cicero (106-43 B.C.) Roman orator, statesman. of precedents, they produce as authorities, to justify the most I don't believe in God because I don't believe in Mother Goose. iniquitous opinions; and the judges never fail of directing ac­ Clarence S. Darrow (1857-1938) American criminal lawyer. cordingly. Probably all laws are useless; for good men do not want laws at Jonathan Swift (1667-1754) English satirist. all, and bad men are made no better by them. D ~ m ona x (c. 150 A.D.)

Second Circus Revue 1Zow ta..olt:.K Of w ~' \\ M I ::> S R U. APRIL 23, 24, 25 Cle..c..U.~ €:..v' u e ~ 8:00 P.M . \ '. 5 t. c.-or-J D MOOT COURT ROOM '. ~~ r "-.. WATCH FOR TICKET ANNOUNCEMENTS '" ''-.., " Q~ \

https://brooklynworks.brooklaw.edu/justinian/vol1981/iss2/1 4 JUSTINIAN. March 11, 1981 • 5 et al.: The Justinian

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Andrew Bosker 71 Broadway, 17th Floor Stl?ven Cangro Howard Korman New York, New York 10006 Glenn Frankel Gerald. Lucciola 212-344-6180 Jan Rose Paul Blerman Dan Corey Peter Prandi Bernadette Schact Akiva Tesliar Dave Redmond Scott Schelkin Mary Jane, Huseman John Chris·t Marvin Siegfried Leslie Solomon Jack Shemtob Charles Cangro Laura Shapiro

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Published by BrooklynWorks, 1981 5 6 • JUSTINIAN • March 11, 1981 The Justinian,Career Vol. 1981 [1981], Iss.Phone 2, Art. 1 Study Abroad Jessup Competition As reported in the last issue of Justinian, The Cumberland School of Law in Birm­ the Office of Career Planning and Place­ ingham, Alabama has announced a pro­ ment has been trying to implement the Ca­ gram in Comparative Law to be given in reer Phone. The employment opportunity The Eastern regional rounds of the Jessup competition will be held at New York Heidelberg Germany, from )uly 20 to Au­ service.went into effect several weeks ago. Law -School at the following times: .... gust 12, 1981 . The program will consist of The Career Phone number is (212) fifteen hours of class per week for three 625-0124. Date and Time Competitors weeks. Three semester credits will be Friday, March 13, I P.M. Brooklyn Law v. Yale granted. For more information contact, Sylvia K. Hollowell, Registrar, Cumberland Friday, March 13,3:45 P.M. Brooklyn Law v. Seton Hall Summer Program in Heidelberg, Cumber­ Essay Contest land Law School of Samford University, Saturday, March 14, 10 A.M. Cornell v. Brooklyn Placement Office, Birmingham, Alabama The American Society of Law and Medicine 35229. Saturday, March 14, 3:30 P .M. Fordham v. Brookyn has announced the 1981 John P. Raltigan,rr======::;-, M .D. Student Essay Competition. The es- For those of you who don' t know, the team members are Phyllia Boltax, Anthony say contest is designed to examine and ana- Cheh, Roben Leo and Janice Rehman. lyze the many medicolegal issues and prob- All announcements of events. happen­ lems confronting health care professionals ings, etc. are welcomed for the calendar. and consumers. The deadline for submis- Just leave your event particulars in the sions is June I. For more information, see Juslif!ian envelope in room 304. the third floor bulletin board or the Justin- ian.

We've come a long way.

Our nur ing and health ervices have covered a lot of ground since we tarted 100 year ago. We began by caring for the wounded on the battlefield. Later, we called on the ill at home. Then, as we trained and recruited more nur es, we began to develop programs to teach people how to help them elves and their familie . Today. we give in truction in home nur ing. disea e prevention. parenting, child care, nutrition, managing stre , preparation for disa ler. health maintenance- all of this in addition to providing er­ vice to the community on an as-needed basi. But we're no t aying thi to pa t our elve on the back. We ju t want you to know that if you need help, we're ready.

Red Cross: Ready for a new century.

nrw https://brooklynworks.brooklaw.edu/justinian/vol1981/iss2/1• ~, A Publ,c ServICe 01 Ths Newspaoer & The AdvernsIrl9 Counoi 6 JUSTINIAN • March 11, 1981 • 7 et al.: The Justinian Lapotaire's Sparrow Sings TAINMENT BULLETIN . · · ENTER

By Scott P. Taylor ENTERTAINMENT BULLETIN Jean Cocteau, the famous author and filmmaker once said, "Piaf had genius, she makes her Broadway debut in LILLIAN HELMAN'S The Little was inimitable. There will never be another Foxes ,which bows May 7, co-stars ANTHONY ZERBE Piaf." Cocteau was partly right; Edith Piaf and DENNIS CHRISTOPHER . .. and HARRY GUARDINO star in was inimitable. But in Pia/, the current hit . The musical, with a KANDER-EBB score, opens March 29 at the Pa­ at the Plymouth Theatre, Jane LalJotaire lace .. . Broadway Follies, headlining SHIELDS AND YARNELL, arrives at the Neder­ gives a performance so striking that the im­ lander theatre March 15 .. . and JACK WETSON star in WOODY ALLEN'S age of the "little sparrow" appears on new play, Floating Electric Lightbulb, which begins a limited run on April 27 at the Vivian stage. Beaumont theater. . . 'S latest, The Curse of Kulyenchikov, debuts at the Eu­ gene O'Neill March 31. .. Songstress brings her one woman show to Broad­ Portraying Piaf's life from the age of 20 way April 12 for a limited engagement. . . Rose, already a hit in London, arrives with GLEN­ to the age of 47, from her street begging DA JACKSON and March 26 at the Cort theater. .. llith edition of days to her death, Lapotaire gives one of RINGLING BROS. AND BARNUM & BAlLEY circus returns to Madison Square Garden the most dynamic and vital performances April 1 for nine weeks. Show stars GUNTHER GABEL-WILLIAMS ...JOHN DENVER and co-star in an ABC television special March 30. Show airs immediately Broadway has seen in some time. On stage before the Academy Award telecast. .. The envelope please: Major nominations for this for nearly every minute of the play, Lapo­ years Oscar's include: Best Picture (Coal Miner's Daughter, The Elephant Man, Ordinary taire's performance as Piaf is so believable People, Raging Bull and Tess), Best Actor ( (Raging Bul!), ROBERT that the viewer is spellbound by the im­ DUVALL (The Great Santim), JOHN HURT (The Elephant Man), (Tri­ mense talent exhibited. bute), and PETER O'TOOLE (The Stunt Man), Best Actress ( (Resurrec­ The picture we get of Piaf, however, is tion, (Private Benjamin), MARY TYLER MOORE (), not pretty. Playwright Pam Gems gives us a (Gloria) and (Coal Miner's Daughter), Best Support­ "no holds barred" interpretation of the ing Actor JUDD HIRSCH (Ordinary People), (Ordinary People), MI­ done in her native French.) In the play, French singer's life that is, at times, embar­ CHAEL O'KEEFE (The Great San tint), JOE PESCI (Raging Bull) and JASON ROBARDS when Lapotaire sings in French, the feelings rassingly vulgar. Of far worse consequence (Melvin and Howard) and Best Supporting Actress ( (Private Ben­ and the pain come through clearly and it is is the sketchy overview of Piaf's career and jamin), (Resurrection), CATHY MORIARTY (Raging Bull), DIANA unnecessary, indeed redundant, to hear the life that is presented. Gems stresses certain SCARWID (Inside Moves) and MARY STEENBURGEN (Melvin and Howard). Special Os­ translations. cars will go to , who has never won one, and for aspects and times of Piaf's life, while barely The Empire Strikes Back, special achievement in visual effects ... At the movies: ROBIN WILLIAMS stars in The touching other seemingly more important Shortcomings aside, Piafis a most worth­ World According to Garp. Production starts April 10 in New York . .. United Artists has periods. For example, Piaf's relationship while play. The supporting cast is fine, ex­ signed for her third film, which is titled Hot Steak . . . Beatlemania has with the heavyweight boxer Marcel Cerdin cept for Jean Smart's somewhat ridiculous been filmed and will be released for a limited run August 7-16 .. . will (Robert Christian) is given perfunctory attempt at . Particularly portray JOAN CRA WFORD in the film version of Mommie Dearest . .. BARBRA STREI­ treatment in the play although it was a rela­ good is Zoe Wanamaker as Piaf's longtime SAND and GENE HACKMAN star in All Night Long. HACKMAN sings, STREISAND tionship that Piaf never recovered from, friend, Toine, whose performance is filled doesn't. .. has been granted a Nevada gaming license after having his li­ and actually carried with her until her death with humor and zest. She shines every mo­ cense suspended seventeen years ago. Old blue eyes has become entertainment and public re­ in 1963. ment she is on stage. lations consultant at Caesar's Palace ... DOLLY PARTON gets a whopping $350,000 per week at the Riviera in Las Vegas ... headlines a gala at the Metropolitan Op­ Another problem with the script is the But the evening belongs to Lapotaire, era House March 15 for the benefit of her co-stars, the JOFFREY BALLET. NANCY RE­ treatment given Piaf's songs. Although and she is just marvelous. GAN is the evenings honorary chairperson ...Comedian JERRY LEWIS contributed there is no complaint with Lapotaire's sing­ Piaf is worthwhile just to see Lapotaire, a $10,000 to NYC for "Save Water" buttons. Another $10,000 due soon . .. PAT BOONE hosts ing, she does not sound like the great voca­ true master at her craft. Without the aid of the National Easter Seal Telethon which will air March 28 & 29 .. . NBC will make NORMAN list she portrays. Lapotaire does not at­ makeup she ages before our eyes, going MAlLER'S The Executioner's Song into a mini-series . . . CBS to make a telefilm of tempt to mimic Piaf's style and, therefore, from a young woman from the gutter to a JACQUELINE SUSANN'S Valley of the Dolls . .. DEBORAH HARRY of BLONDIE to cut her voice stands on its own . (Surprisingly, middle aged, somewhat crippled, pained a solo album ...QUEEN scheduled to release a greatest hits package ...SHA NA NA at the Lapotaire claims that she could not sing woman. Beacon theater March 12-15 .. . Practicing Law Institute presents "Counseling Clients in the prior to this play.) The problem is that the Entertainment Industry" April 22-24 at the Biltmore Hotel. .. JULIE BUDD at Les approximately ten numbers performed in Never can the word "lady" be used when Mouches March 11 -14 .. . Westbury Music Fair kicks off its new season with PAUL ANKA the show are sung in both French and in describing Piaf, but that is more a reflection (March 20-29) and SAMMY DAVIS JR. (April 10-12) ... At Brooklyn college Center for the English, and the songs lose some impact in on the society she grew up in then on what Performing Arts: OAKLAND BALLET (March 14 & 15)1, ATLANTA BALLET (Ma rch 28 & the translation . 29), ANDRE WATTS (April 4) and ITZHAK PERLMAN (May 2) . .. LOUDON WAIN­ was inside the person. Lapotaire is so con­ WRIGHT III and ELAYNE BooSLER at the Bottom Line March 13 & 14 . TRACY NEL­ While it is true that Piaf did sing some vincing that we can not help but feel sorry SON plays March 15 . . . REO SPEEDWAGON at Nassau Coliseum April 12 . .. Discount songs in English, this was done as an ac­ for Edith Piaf, a tremendous singer who ti ckets for Broadway and Off-Broadway shows are available in the JUSTINIAN office. Cur­ comodation to her American fan s. (Her suffered a tragic life. Go see Jane Lapo­ rently available shows include Ain't Misbehavin ', The Best Lillie Whorehouse in Texas, dramatic and classic recordings were all taire, with no regrets. Children of a Lesser God, Dancin', The Elephant Man , To Grandmother's House We Go, Morning's At Seven, They're Playing Our Song, Shakespeare's Cabaret and Scrambled Feet. -BJF

might have minor objections here. LOlla here. Editing these two songs would have Lovin' could have been a little raunchier. also allowed the inclusion of such wrongful­ It 's Just the Sun sounds a mite too much ly excluded hits as Love Her Madly and like Stephen Bishop's On and On. It's A Wishful Sinful. Beautiful Life, a spoken word piece, never With a little more care in editing and se­ really develops into anything interesting. lection, this album might have served as a But this is nitpicking. To be able to resur­ fitting and deserved retrospective. As it rect classic pop songs and have them stand stands, it is a faithful if incomplete repack­ By cott Shelkin favorably with new material is a major un­ aging. dertaking and a major achievement. Only a Overall Rating: B talent of considerable taste and ability Don McLean, Chain Lightning, could skillfully pull it off. Don McLean has (Millenium) Styx, Paradise Theatre, (A&M Records) every right to be proud of what he has ac­ Don McLean is best known for his 1972 In a recent Gallup poll, Styx beat out complished here. monster hit, "American Pie," a rousing such luminaries as the Rolling Stones as the Overall Rating: A- piece of rock and roll memorobilia. On most popular rock group in America today. Chain Lightning, his latest effort, McLean While Styx' latest album Paradise Theatre, has compiled a neat anthology of well The Doors, Greatest Hits, (Eleklra) offers tight guitar work, excellent vocal har­ chosen oldies and clever originals which The great music of the Doors has under­ mony and a fine original conception, it also smack of craftsmanship and taste. gone a minor revival in the past several showcases the tedious quality of much Consider for example the slowed down years. Apparently due to popular response, modern . country tinged version of the Roy Orbison Elektra records has rightfully reissued a The basic concept behind Paradise Thea­ hit, Crying. To top Orbison' melodramatic package of some of the Doors' finest ma­ tre was to build an album around Chicago's original reading would seem unthinkable. terial. palatial Paradise Theatre, forced to shut Yet McLean's plaintive heartfelt version Pioneers among the hard rock bands of down in the late fifties due to a lack of certainly matches it. Wrenching every con­ the late sixties, the Doors' music remains vi­ funding. Unfortunately, Styx never got ceivable nuance out of Orbison's twisting brant today. Jim Morrison's vocals are sen­ around to detailing the story of the play­ lyric, McLean compels the listener to feel sual on Touch Me, haunting on People Are house. Instead, the listener is subjected to a the hopelessness and despair of one way Strange, and sinister on Love Me Two series of repititious tunes with such hack­ love. The selection is a masterful choice of Times. In addition, it's always good to hear neyed themes as "money is evil" (Half Pen­ song, and a fine exercise in vocal technique. Among the new compositions, the title well crafted bubblegum like Hello I Love ny, Two Penny), and " life is dull" (Too McLean's feat is later repeated on the song is a standout. In addition to being a You . Much Time on my Hands). Hank Williams chestnut Your Cheating forceful analysis of the male libido, Chain The major problem with this album is the Of the individual songs, Rockin' the Pa­ HearT, and the Skyliners' Since I Don't Lightning offers some tasty backup work. inclusion of eight minute versions of Light radise and The Best of Times are the best of Have You . Once again, McLean resurrects The production of Larry Butler and the My Fire and Riders On the Storm. Most a rather undistinguished lot. As for me, long forgotten hits, and through carefully background vocals of the 10rdanaires de­ radio stations carefully edited the instru­ given the choice between Styx and Stones, understatedPublished readings by BrooklynWorks, makes the songs 1981his serve special mention. mental excesses of the originals, and Elek­ Mick Jagger's boys generally win out. 7 own. Few albums are perfect, and a purist tra might have considered doing the same Overall Rating: C 8 • JUSTINIAN • March 11, 1981 The Justinian, Vol. 1981 [1981], Iss. 2, Art. 1 oret

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BAR/BRI lecturers are more than experts on in the country. We are proud of our faculty, the law and more than experts on the most of whom have been lecturing on the New York Bar Examination. Multistate and New York Bar Exanlination They know how to communicate. They know for years. No other group of lecturers is as how to teach. knowledgeable about the bar exanlination­ Each year, BAR/BRI improves the quality of nor as capable or teaching law school g adu­ our faculty by hiring the top law lecturers ates how to pass.

Prof. Richard ConviseI; BAR/BRI Staff Prof. Alan Resnick, Hofstra Law Prof. Richard Harbos, NY. Law School Prof. Faust Rossi, Cornell Law Prof. Stanely Johanson, U. of Texas Law Prof. Robert Scott, U. of Virginia Law Prof. Kenneth Joyce, SUNY Buffalo Law Prof. Michael Spak, BAR/BRI Staff . Prof. Gary Kelder, Syracuse Law Prof. Charles Whitebread, Prof. Jerome Leitner, Brooklyn Law U. of Virginia Law Prof. John Moye, BAR/BRI Staff Prof. William Watkins, Albany Law Prof. John Nowak, U. of Illinois Law Prof. Irving Younger, Cornell Law

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