Loyola Lawyer Law School Publications
Winter 1-1-1979
Loyola Lawyer
Loyola Law School - Los Angeles
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Computers and the Law: A Systems Analysis Contents
Loyola Lawyer 1 From the Dean Winter/Spring 1979 An interview with Frederick J. Lower, Jr. '64,
Editorial Staff: outgoing Dean of Loyola Law School Kenneth j. Daponte, Vice-President, University Relatipns. 5 Computers and the Law: A Systems Analysis David M. Morrissey, Director of Development Pamela W. Gleason, Associate Director of Development, A look at topics and trends in the use of Alumni Relations and Annual Giving Neal P. Carroll, Assistant Director of Development electronic data processing and its impact on Public Relations: Editor, Loyola Lawyer the legal profession, with an overview of Loyola Lawyer is the magazine of Loyola Law School, Los current issues in Computer Law Angeles, published by the Development Office for alumni and friends of the Law School. 8 Data Bits
Loyola Law School firmly adheres to a policy against An Overview of Computer Law discrimination on the basis of race, color, religion, sex, 10 Taxation of Computer Systems national origin, marital status, or physical handicap, medical condition, or age las prohibited by applicable !awl. An examination of the legal questions
All correspondence with regard to the involved in taxation of computer hardware and Loyola Lawyer should be addressed to: software Editor, Loyola Lawyer Loyola Law School By Professor David C. Tunick 1440 West Ninth Street Los Angeles, CA 90015 Special Insert Section
Board of Vi5itors Luc P. Benoit '67 establishes Data Bank on Mr. john E. Anderson '50, Vice Chairman Technology Transfer Law at Loyola; Mr. joseph A. Ball Mr. James L. Barrett '.'il Endowment in support of Computer Assisted Mr. Walter F. Beran Mr. Theodore A. Bruinsma Instruction; The Advocates Council sets Hon. Wm. Matthew Byrne, Jr. annual fund goals Rev. Charles S. Casassa, S.j., ex officio Chancellor, Loyola Marymount University 13 Alumni Board Activities Mr. Daniel C. Cathcart Mr. Leonard Cohen '51 Annual Alumni!Advocates Dinner Dance plans; Mr. William H. Doheny, Jr. '75 Mrs. M. Louise Eason Alumni Association Board election policies Mr. Milton Feinerman '56 14 Board of Visitors Update Mr. Thomas V. Girardi '64 Mr. Stafford R. Grady Four new members join Visitors; Jack Mr. John T. Gurash '39 Mr. William T. Huston Anderson named vice-chairman; Board member Mr. James H. Kindel, Jr. '40 appointed to Federal District Court Frederick J. Lower, Jr. '64, ex officio Dean, Loyola Law School 16 AlumNews Mr. Hugh L. Macneil'48 Rev. Donald P. Merrifield, S.j., ex officio Bar Exam '78 Reception held; Class of '68 President, Loyola Marymount University Reunion; Santa Barbara Alumni Chapter Event; Mr. Jack M. Ostrow '48 Hon. Mariana R. Pfaelzer C.L.E. Program outline; Alumni Directory Mr. Laurence G. Preble '68, ex officio President, Alumni Association publication plans; Calendar of Events; Board of Govcmors Mr. Richard J. Riordan Donovan Fellows Dinner; Alumni Chapter Mr. Raymond A. Rodcno Presidents named Mrs. Leslie N. Shaw Mrs. Sheila Prell Sonenshine '70 20 Legal Briefs Mr. Martin Stone '51 Mr. Maynard J. Toll What's new with our classmates and fellow Mr. J. R. Vaughan '39, Chairman alumni Board of Governors 22 On Campus Mrs. Elayne C. Berg-Wilion '75 Mr. Lawrence W. Crispo '61 International Law Study Programs Secretary Mr. David G. Finkle '67 inaugurated; Economic Litigation Pilot Project Vice-President research; Law Library now U.S. Government Mr. Thomas C. Garcin '52 Mr. Herbert Grossman '38 depository; Sports Day; Annual Professors Mrs. Isabel Higgins TI"easurer and Recording Secretary Dinner Mr. Sheldon I. Lodmer '70 Mr. Alvin N. Loskamp '68 24 Faculty Forum Mr. Fred Mru:tino '39 Activities and accomplishments of Loyola Mr.. Robert M. Myers '75 Mr. Laurence G. Preble '68 faculty; Professor Emeritus J. Rex Dibble President Hon. Manuel L. Real '51 announces retirement Mr. Charles R. Redmond '75 Mrs. Cynthia Maduro Ryan '70 Mr. Roman M. Silbcrfcld '74 Mr. Vrncent W. Thorpe '59 faculty has grown to 64 adjunct students of the 1950's. I am referring professors and 43 full-time to their level of altruism and From professors. The same pattern has idealism. been followed with respect to the Q. Do you believe the interest in student body. And finally, attending law school will continue the notwithstanding the shortcomings of at the same leveU our present physical plant, the Grand A. The numbers of students applying to Avenue location was more law school will decrease when Dean inadequate than memory may recall. compared to the numbers of Q. You noted the growth of the student applicants of a few years ago. I body. What is your opinion of the seriously doubt, howeve~ that we qualifications of the applicants of will ever return to the low point today as compared to the credentials experienced before 1965. In other of applicants fifteen or twenty years words, I think the interest in ago{ attending law school will dip A. Well, before the increased interest in somewhat, but I think it will level attending law school, which out at a plateau much higher than occurred in about 1967 or 1968, it that experienced t~n or fifteen years was not uncommon for almost every ago. I think the interest level will law school in the United States to parallel the need for lawyers in our select its entering class from a small society. number of applicants. In one sense Q. What is your view concerning the the admissions policy was more open future need for lawyers in our in those days than it is now. Instead society{ of a pre~admissions selection process, A. The level of need is now and will the process was more like a continue to be a function of several post-admissions selection process. factors in our society. First, the role Most law schools had a large of government in our society is classroom for the first year class, a probably an overriding consideration. medium size classroom for the The scope and number of statutes second year class and a small and regulations affecting us in every As previously announced to the Law classroom for the third year class. facet of our lives is increasing. This School community, Dean Frederick f. That old saying to first year students is particularly true in the fields of Lower, Jr. '64 has submitted his that they should "look to the left, business, health and education. resignation as Dean of Loyola Law look to the right, next year one of Persons with legal training will be School effective on or about July 1, you won't be here" reflected what I required to digest this material 1979. The following interview am describing. and advise those who may be conducted with Dean Lower highlights Commencing in about 1968 both affected by these governmental some topics of significance to the Law the numbers of students and the pronouncements. Then, of course, School from the perspective of the quality of the basic academic there is the problem of mamtaining Dean. credentials of those applying to law compliance. Compliance can be a school increased dramatically. For serious problem because not Q. You are a member of the class of example, Loyola suddenly had over infrequently many regulations are incomplete, or vague or even in 1964, which was the last class to 2800 applications to choose from to 1 graduate from the Grand Avenue fill a first year day and evening class conflict with regulations issued by campus. While in private law of about 400 students. another goverruuental body. Q. Second coupled with increased practice you joined the adjunct Why did Loyola and other law 1 faculty in 1966 and later you left schools experience a sudden growth regulation is a growing sensitivity to practice to become a member of the in applications{ individual rights which in turn full-time teaching faculty. With your A. I believe it was due to a combination produce conflicts and disputes that service as dean from 1973 through of circumstances. In the 60's issues must be resolved. Unfortunately, the 1979 you have experienced virtually that came to prominence were race, brunt of that burden falls squarely on every role withiu Loyola Law poverty, equal education, consumer our already over-extended court School. These experiences place you and environmental protection. There system. in a unique position to comment on was, of course, the war and the Finally, I think a distinction should development of the school over reactions to the war. There was an be drawn between those law nearly two decades. What changes increased sensitivity to the need for graduates who undertake a in the Law School curriculum, change in the system- changes that traditional practice of law and those faculty, student body and facilities would be promotive of social justice. law graduates who make use of their And students saw the legal system as legal training in other than the do you find most striking! 11 A. My first reaction is to comment on a vehicle for bringing about the practice of law." I think that so far changes in size and scope. The four social change they envisaged. the vast majority of all law school areas you mention are far larger now Q. Is that sensitivity present in the graduates have headed for the than in the earlier history of the current applicants{ traditional practice of law. In time, school. For example, in 1964 there A. I think the keen interest in social however, and I think this is were only 43 total courses offered justice has been blunted, though it especially true in large metropolitan while today we have nearly 150 persists. I will have to join other areas, there may be a movement required and elective courses in the commentators who have observed toward utilizing skills gained in law curriculum. The faculty then that in many ways today's students school in a non-traditional method or consisted of 14 full-time and 13 are beginning to become like model. I might also add that in many adjunct professors and today the
1 of the large metropolitan areas the Today about forty percent of our the major law schools in the greater lawyer market may well be nearing a students come to us from other Los Angeles area, there is, it seems saturation point. However, there are states and foreign countries. to me, a unique opportunity for law other geographical areas where the Q. A moment ago you mentioned the librarians in this area to work toward ratio of lawyers to population is low. diversity in the present curriculum formulating a plan that could be a If my somewhat dismal premise is as compared with course offerings of model for regional libraries in other accurate, that we will experience 15 years ago. Is there a need for such parts of the United States. increased regulation, it is diversity in the curriculum! Q. Does the expansion of the conceivable that in time, probably A. In general, the curriculum mirrors curriculum have any impact on one generation, there may be a the law explosion of the last decade recruiting and retaining faculty shortage of lawyers. The usual pool or so. By 11law explosion" I am members~ of applicants to law school consists of referring, for example, to the A. First of all, the law explosion has recent college graduates. But as our staggering number of cases decided once and for all, I think, killed off the society experiences a decrease in the each year by courts, both state and one room school house approach to birth rate, the numbers of college federal. Likewise, I am referring to legal education. By this I mean to graduates, on a national basis, will the increased regulatory activity at describe a situation where a member decline. And as we become a nation every level of government. Today of the faculty could teach in three or of older Americans an entirely new there are approximately 70 federal four discrete subject areas. Today so set of social and legal problems regulatory agencies, more than 50 of many new developments are probably will emerge. those federal agencies were created occurring in various subject areas Q.Are there any other significant since 1960, and each agency that many of them are breaking changes in the student body at regularly promulgates reams of down quickly into sub~specialties Loyola that you have observed over regulations. and then in turn blossoming into the last several years! I sometimes describe what has new specialties. A. Yes. One of the most significant happened with respect to law school Having said all this, howeve~ I changes is in the number of women course offerings by using an analogy don't want to give the impression attending law school. When I was to an apple. In the 1950's and 1960's that I advocate trying to cover the a law student I think we had three law schools taught "Law and the entire spectrum of legal problems. or four women in the entire law Apple," an imaginary survey course The fundamental core of a sound school. Slightly more than one· third that examined briefly an entire program of legal education is to of the total enrollment is now made apple. Today, because of increased provide the students with the basic up of women. We made no particular research and publication relating to training that is required to enable effort to recruit and admit women. the entire apple, law schools feel them to be good competent lawyers Rathe~ we simply selected the best compelled to offer such courses as for their professional lifetimes that students from our applicant pool and "Law and the Apple Stem," 1'Law and will last, in most cases, at least 35 what I just described resulted. the Apple Skin," "Law and the Apple years. And so a graduate of ours who Another area of change that should Seed" - do you see what I mean? receives his or her degree in June, be noted is the increased number of Q. Has the growth in course offerings 1979 and who looks forward to 35 minority students now in law school. had an impact on the law library! years at the Bar, will retire in 2014. In 1968, Loyola, along with many A. In 1964 when the law school moved And if past events are any indication other law schools in the United we had about 47,000 volumes in our of what is to come, the legal system States, developed a special library. Today our collection stands as we know it today will bear little admissions program for minority at slightly in excess of 205,000 relationship to that of 2014. Yet, our students from disadvantaged volumes and microforms. Some of students in just three short years backgrounds. Because of their this growth is attributable to the must develop the basic skills that disadvantaged educational proliferation of decisional law, will enable them to practice experiences many of these specially statutes and the promulgation of effectively throughout this period of admitted students presented regulatory materials. But another great change. academic credentials that were not, part of the growth is attributable to Notwithstanding all that I have on their face, competitive with those the increased number of courses that said, there is one feature of modem presented by other students. We we are offering. Our library ranks 4th American legal education that made an institutional effort to bring in size among all California law continues to puzzle me. Law schools into the law school as many of these schools. And it is the 2nd largest across the United States enroll students as our resources would private law school library in the students from diverse educational permit and whom we believed, state. backgrounds, expose them to a usually on the basis of extensive I think the time has come for rigorous three year program (four interviews, had what it took to accrediting agencies, law school years if they're evening division successfully complete law school. librarians and law faculties to students) and, after those students I'm happy to say that our record has consider regional collections that are pass the Bar Examination in the state
been remarkably good especially as housed in designated law school in which they wish to practice1 they compared to the experiences of many libraries for two reasons: first, the are licensed to do everything and other law schools. cost of building new library space is anything a lawyer with 10, 20, 30 or Finally, another change in the extremely high and, second, the cost 40 years' experience can do. I'm student body that I think is quite of books themselves is rising speaking here, of course, of the significant is the increased number rapidly and acquisition costs practical training of law students. of students who have come to Loyola threaten to gobble up an increasingly The apprenticeship model of from other parts of the United States. substantial portion of any law post-graduate training for lawyers school's operating budget. Law has changed because of the large schools themselves have highly numbers of graduates who have been specialized collections. Because of admitted to practice in the United
2 States over the last decade or so. For instance, the course in business legal profession over the issue of There are fewer opportunities today and tax planning uses a series of practical training of law students and for a recent graduate to have an problems likely to be encountered by lawyers and a decrease in the apprenticeship experience in a law a practicing attorney. But in the number of college age students. firm or governmental agency. A fairly main, the major thrust of legal Another significant development large number of students will begin education is still the use of the may occur after several national practicing law as sole practitioners or casebook method introduced by studies, currently in progress, are will practice with other lawyers who Langdell some 100 years ago. published. These studies are are as relatively inexperienced as Probably the most significant expected to provide a detailed they are, or with some public law change in legal education has been examination of the processes and offices that cannot afford a training the advent of what is commonly products of legal education. For program. known as "clinical" education. In its instance, one study will pay This issue is drawing increasing purest form this type of legal particular attention to the role that attention and I believe in the next education offers students law schools have had, and the role few years the practical training of opportunities to interview and they should have, in the law students will be a matter of counsel clients and to represent development of those skills major concern to the organized bar them in adversary proceedings before necessary or important to the and to law schools. administrative tribunals and in practice of law. For many years law schools have court. I liken this to a professional stated publicly that they do not But compared to the so called photographer who for years spent attempt to teach their students how traditional method of legal considerable effort tinkering with to practice law. That is certainly an education, clinical education is chemicals used in the developing accurate statement as far as it goes. extraordinarily expensive. I believe process, lenses used in taking But my point is that the legal clinical education is here to stay, to photographs, types of films to be profession, whether it is the courts or some extent, but the philosophical used and the like, but who never the organized bar or law schools or a debate over the role and place of carefully examined the finished combination of all three has an clinical education and the financial prints. By analogy, the finished obligation to provide some basic debate over the costs associated with prints, lawyers, are now being training in practical skills for law it are far from over. examined to determine if what has students and new lawyers. Q. Can you predict the outcome! gone into the production of the Q. Is Loyola Law School doing anything A. I cannot. finished product should be changed to meet the responsibilities you have Q. Well. are you able to predict changes to produce an even better finished described! that are likely to occur in legal product. A. We try to blend the theoretical educationt Last, but by no means least, is the aspects of legal training with the A. No. But I think I may be able to issue of increasing costs and rising practical during the law school identify some significant factors that tuition rates. These two factors are experience. We try to recruit to our may have an impact on legal particularly important to private faculty men and women who have education. educational institutions although had significant experience in the Q. What are they! even state institutions are not practice of law. We provide extensive A. I have already mentioned two, the immune. The traditionally generous opportunities for clinical growing concern on the part of the approach of alumni, friends, experiences. Moreover, we make use of a highly skilled group of adjunct professors, both judges and lawyers, to teach specialized courses that have both theoretical and practical components. We have begun to develop a program of continuing legal education for members of the bar. Q. Have there been philosophical or technological changes in the approach to legal education over the past decade or twot A. I'll have to answer "yes and no" to that question. And I will have to add an ingredient you did not mention, namely methodological changes. Let me start with methodological changes. In terms of the "traditional" law school curriculum, "traditional" as compared to "clinical," there has been a movement toward applying a problem solving technique rather than the traditional casebook method. The principal effort in some courses is to use a problem approach rather than a case by case approach.
3 L foundations, corporations and the establish the Summer Research students probably squeeze more like simply must be not only Grant Program for our full-time mileage out of each hour in the day maintained but increased. faculty members. Each year faculty than their counterparts in the day Otherwise, legal training will members are encouraged to apply for school because of the fact they have become the province of the wealthy a summer research grant the purpose limited time available for the study and the American tradition of of which is to provide them with a of law. making education available to a large certain sum of money during the Q. Do you think Loyola will maintain sement of our population will die. summer months which hopefully an evening division~ Q. Let me return to your comments a will enable them to begin or finish A. I believe we will do so as long as we moment ago concerning the faculty. work on research projects that in fulfill a community need. If the How do you rate our faculty with tum will be published. This program academic credentials of the evening that of other law schools! has produced many articles and at division applicants were to vary A. I think our faculty is one of the best least two books. suddenly and substantially from teaching faculties to be found I was able to reduce the faculty those presented by the day applicants anywhere in the United States. I am teaching load thereby making more or if the numbers of applicants speaking here of ability to organize time available to faculty members to dropped off significantly, I believe the and present effectively course do research. A few years ago it was faculty would examine the situation materials in their respective areas of not uncommon for faculty members with a view toward eliminating the expertise. With some extremely to teach an average of 16 hours each part-time division. We have had a
notable exceptions, however, our year. That average is now down to part-time division for 59 years1 years faculty is not known for the just under 13 hours each year. When that spanned the depression and
production of scholarly articles and you bear in mind the number of several wars1 and I expect it will books. There is a delicate balance hours devoted to preparation for continue. between adding significantly to the class together with the number of Q. After nearly six years as Dean, why sum total of human knowledge and hours devoted to research that is did you resign! merely writing for the sake of related just to teaching, this A. Many former deans would tell you writing. As one of the law professors represents a significant diminution that to ask the question is to answer at Yale once remarked, "By and large in teaching load. Likewise, we have it. But, seriously. my answer is that I law reviews exist to be written and been able to provide more student miss the law. Being the dean of this not to be read." Yet, there are many research assistance and secretarial law school is not unlike being the significant contributions that need to help to faculty members. president of a small college. I be made and I would like to see more Q. Loyola is one of the limited number remember the day my predecessor
of those contributions coming from of ABA approved law schools that announced his resignation1 the
members of our faculty. offers a part-time evening program President of the University1 Fr.
For years, at all levels of higher as well as a full-time day program. Merrifield1 made that very education, a premium has been Why has Loyola continued to offer comparison to the assembled faculty. placed on scholarly writing and only two programs~ At that time, little did I know that I passing attention has been paid to A. The reason for the existence of would be appointed as the new dean teaching ability. Loyola's position in institutions in our society; and little did I know how accurate terms of effective teaching is very particularly educational institutions, his observation was. strong and must be maintained. At must lie outside the institution My point is that I have been out of
the same time1 we must continue itself. The simple fact is that we are the mainstream of my professional developing a tradition of productive filling a community need in one of life as a lawyer for as long as I have scholarship. the world1s largest metropolitan been dean. I have not been able to One of the functions of a law centers. There are those in the legal teach on a regular basis because of school is to be a critic of the legal profession, both in practice and in the demands made on my time and system. There is no other institution legal education, who believe that it is for the same reason I have not been in our society that has members with somehow beneath a school of "real able to indulge my interest in
the time1 the training and the stature" to offer a part-time evening research and writing. inclination to study and criticize program. But there is ample evidence Q. What are your feelings as you constructively our legal system. Law to show that the vast majority of prepare to meet your successor?
Schools1 therefore1 have an those who pursue the evening A. Well, as I said in a recent letter to the obligation - an obligation to society program go on to become respected alumni, I have mixed feelings. The - to fulfill that role. members of the legal profession, both dominant feeling is one of gratitude Productive legal scholarship is as lawyers and judges. for having had this opporttmity and teaching on a broad scale. Law Q. Are there major differences between gratitude to all those who have done teachers who don1t write reach only these two educational programs~ so much to help the school. their classes. Law teachers who do A. There are no differences in terms of The job of leading the law school write reach many J.D. candidates and the faculty members who teach the has been and will be carried out by a law teachers, as well as legislators students or in terms of the succession of individuals. It's a job and judges. Writing also provides a curriculum that is available to the that will never be finished. means of testing one's ideas and students. I suppose the major theories. difference is that evening division Q. While you have been dean have you students tend to be more experienced taken steps to encourage productive in practical affairs and perhaps more scholarship on the part of the sophisticated than the majority of faculty! day division students principally A. One of the first things I did after because they have lived longer and being appointed dean was to experienced more diverse situations in life. Moreover, evening division
4 As the legal profession faces a crucial Neanderthal man. Later development of Computers juncture in its history entering the the abacus enabled a skilled operator to 1980's, an intriguing and perplexing extrapolate basic mathematical question emerges in the minds of many formulae with relative speed and and the Law: attorneys about the perceived accuracy. The quantum leap in incompatibility of sophisticated operational capabilities of subsequent A Systems electronic computers applied to the computer generations evolved over the traditional practice of law. Is the centuries from early research on inevitable transition to space-age mechanical systems such as the Analysis technology inherently compatible with "differential wheel" and adding an ancient and respected profession machines, and industrial applications of which traces its roots to the precepts of punched card and tape mechanisms led Hammurabi, Socrates, Cicero and St. to further experimentation on this Thomas More? process. The answer which is surfacing from a The first successful 'electro wide variety of legal practitioners today mechanical data processing system is a resounding and unqualified was developed in 1944 with the affirmative! The ever-increasing MARK I analog computer using vacuum utilization of modem high-speed data tubes and relays connected by hundreds processing is becoming an accepted and of miles of conduit. Very large and slow necessary partner of the legal profession by today's standards, it was followed by in at least four major functional rapid advancements in the 1950's and areas-the law office, the courts, '60's with the introduction of litigation research, and law schools. transistorized, printed, and integrated The merits of applying data processing circuitry which significantly reduced the to the practice of law have been computer cost, calculation time, and postulated and identified by both size. The invention of "silicon chip" computer experts and legal scholars. The electronics used in the present contemporary interface between generation of computers has enabled computers and the law is now clearly calculation time to be measured in evident only within certain narrowly terms of 1/nano-seconds"-one defined parameters due to limitations in thousanth of a millionth of a existing hardware and software. second-while geometrically increasing However, the future impact of this core memory and inversely reducing technology is predictably vast as calculation cost and equipment. refinements in computer systems design Computer firms today are marketing are adapted for legal applications. commercially viable data processing A need for professional understanding hardware and software systems which of electronic data processing operations can enable an attorney, through an office and capabilities is no longer restricted to terminal, to access an on-line disk the sciences, engineering and storage capability of 10 trillion 11bits" of business-lawyers are increasingly information-enough capacity to store confronted in the normal course of their all of the statutory and case law of the practice with legal issues arising from United States. the "Computer Revolution" of the 20th With all of the competing electronic century, technological progress with a wizardry available today, how are greater potential sociological effect than computers being used within the legal the "Industrial Revolution" of the 18th environment, and more importantly, century. what should attorneys be aware of when Despite their enormous impact on contemplating the purchase or lease of modem society, howevet:, computers are data processing equipment? not the esoteric "thinking machines" Cost effectiveness and capabilities are possessing artificial intelligence which the two most important considerations were envisioned by early science fiction when evaluating the best mix of writers, nor are they the cybernetic bane available hardware and software to do of civilization anticipated in "1984." the job. An attorney with ouly a vague Computers per se are merely tools. Even understanding of the options could though it functions at incredible speed choose an excessively powerful and and efficiency, it is still only a machine expensive system when all that is really incapable of thought. A computer may needed is a system to control limited be able to play chess, but only because a clerical functions. Conversely, the human programmer has conceived every attorney with budget limitations might possible move. The computer, receiving contract for a system which is a given move from an opponent, will inadequate to do the required work, with search its memory banks and select an futile and wasted effort, expense and optimum response. The compute"t:, time the result. It is therefore however, cannot invent chess strategy, incumbent upon the attorney to seek nor is it intuitive. basic understanding of computers, The evolution of computer systems as a cultural tool began eons ago with the first digital computer~the fingers of
5 While various limited computer systems are now relatively common ,, .. 6 in major courts, an example of an 11 12 lJ ·~ 19 2Q 1' ,,, 27 innovative computer system which may serve as a prototype of the future was installed by the Superior Court of San Bernardino County under a grant from the Law Enforcement Assistance Administration in 1975. Known as the Automated Court Information System (ACIS), it is designed to streamline and coordinate the massive arnmmts of documentation generated through the courts from both criminal and civil activity, and has proven to be highly successful, according to Hon. J. Steve Williams '50, the San Bernardino Superior Court judge who supervised research and development of ACIS. The experimental computer system allows improved access to case files and better flow of information for tbc Municipal and Juvenile Courts, the District Court Computer-Han. J. Steve Williams '50, San Bernardino Superior Court, and Thomas Attorney's office, the public defender, Hudson, Project Manager, examine the Automated Court Information System IBM 370 computer private attorneys, probation officers, terminal operating in the County Courthouse which controls the complex judicial police, Sheriff, and other state or local administrative tasks, statistical records, case files, the court calendar, police and probation data governmental agencies by providing to assiss litigation proceedings. on-line terminals to ACIS within the court and user offices. systems design capabilities, and costs in management control of personnel The coordination of ever-changing order to ask the proper questions of assignments, case files, and law finn court calendars and case activity reports computer vendors and to acquire the revenues. has significantly improved with ACIS. hardware and software suitable for Using computers for document Daily print-outs of court calendars individual needs. The use of data generation enables the firm to store in adjusted via the input of various user processing for multiple applications peripheral memory complete form agencies, opposing counsel, and court within the legal environment to spread documents such as wills, trust deeds, cost factors can be crucial to the decision contracts, and interrogatories. The to acquire in-house capability; to use a computer, through its ability to computer service bureau, or to perhaps customize, prints out a final, completed avoid data processing entirely. document to specifications by rapidly
Consultation with a systems analyst is making changes1 revising paragraphs, advised. and correcting errors. This is a When considering if a computer is significant usc because it can assist the appropriate for your situation, it is legal profession in lowering its costs for important to note that within the legal services. Another important aspect is in profession today, data processing is being the area of client relations, where the used effectively in a wide variety of computer can assist by searching all
ways: in the law offices for case files, client wills1 deeds, or other documents administrative bookkeeping, client stored in its memory banks and, as relations, and document generation; in changes occur in the areas of real the courts for maintaining calendars, property laws or estate and gift taxation, probation and police records, and for case the computer can list all clients affected processing during adjudication; in the by the changes and generate personalized areas of litigation support and legal correspondence to them regarding the research, computers are particularly need for updating documents. useful for document storage and In the context of computer assistance retrieval; and in law schools, they are within the Courts, various applications used for library reference files, computer have already been implemented in assisted instruction, and approached as several judicial areas. Attorneys, judges, WESTLAW-Thc Los Angeles County Law part of the legal curriculum. and administrative agencies attempting Library maintains a litigation research Law offices utilize computers for to use the courts efficiently recognize data-processing system known as WESTLAW. several major functions. Accounting and that court calendars are frequently an Here, law librarians demonstrate the effective office management, which includes extremely complex and unmanageable operation of the computer's plain language generating monthly statements, creating aspect of the litigation process. Also, search and retrieval research capabilities to profit and loss balance sheets, payroll, referencing probation referrals and Loyola Law School students Grace Freixes '80 accounting for attorney time, and related police records, issuing warrants and and Matt St. George '79. administrative applications, can assist subpoenas, maintaining Registers of the organization by upgrading Action and coordinating case indexing are important but equally complex and time consuming when done in a manual operation by the Court Clerk.
6 personnel has cased the court log-jam computer assisted instruction (CAI), becoming an accepted trend in the legal normally associated with the complex which is being recognized as a valuable profession, and that it will surface as an series of motions, delays, arraignment, and flexible tool in legal education. indispensable tool for practicing litigation and sentencing. ACIS also Although relatively new in law schools, attorneys during the 1980's. Various allows for centralized control of records, CAI has been an accepted mode of reference works on computers and the thereby protecting privacy and data improving teaching and learning skills at law are available for attorneys integrity while increasing efficient and the undergraduate level for a decade. CAl interested in expanding their knowledge equal access to important case data for is gaining a foothold at some law schools of this complex and demanding field. authorized agencies of the court. The today as further research and study One excellent source of information on information must be entered only one indicate the benefits derived from this subject can be found in the Loyola of time into the computer, and may be engaging the student in a form of Los Angeles Law Review, Volume 10 recalled through individual terminals, electronic Socratic dialogue. Students (March 1977), "The Use of Data thus eliminating costly duplication of work at their own pace, control the Processing in Litigation." Copies of this data collection and storage efforts with a programs, respond to questions and issue may be ordered in writing by using commensurate reduction in clerical receive immediate feedback on the the reply envelope provided in the time within many offices related to the computer terminal. Law professors may Loyola Lawyer and enclosing a four case. ACIS represents a flexible criminal assign course work on a variety of topics dollar fee. justice system computer module which to be conducted at the terminals, and Any attorney contemplating the use of could be transferred and adapted to meet then evaluate completed printouts from data processing should certainly consult the needs of any jurisdiction. the entire class for grading purposes. systems engineers and other computer In the area of litigation research, data Computers have already been installed specialists who can help you understand processing can assist the law firm or in many law libraries for use in this sophisticated discipline. With some individual attorney by allowing volumes compiling and tabulating bibliography basic grasp of computer operations, the of legal documents to be reviewed with files, and adapted for administrative attorney will be able to provide better speed and accuracy. Both the LEXIS assistance in the areas of law school client services, reduce costs, and most system and the WESTLAW system financial aid disbursement, alumni importantly be able to manage a mass of currently operating in the Los Angeles relations, budget control, and information to assist in litigation, by County Law Library lets the researcher curriculum planning. correlating data analysis with the legal input through the terminal a plain These are just some of the important issues involved. This combination will language search and retrieval order for a developments which clearly indicate prove to be highly effective and particular narrowly-focused sequence of that the use of data processing is worthwhile. key words in context likely to appear within the document of interest. A cathode ray tube display device enables a quick scan of the highlighted information, and the option of ordering a hard-copy printout on demand. The computer will display a comprehensive file of those documents which contain the appropriate sequence of words in the title. Thus, the attorney can focus or expand the range of search through either full text or summary information generated, providing the researcher with useable materials in printed form or simply suggesting new directions for further research. In some United States law schools, computer law is emerging as part of the legal curriculum. Loyola Law School offers an elective course in "Computers and the Law" which focuses on the impact of the computer on various aspects of society, and the legal responses to some of the problems created. Attention is given to the drafting of a contract between supplier and user of computer services, the effects of computers on privacy, the use of computer generated output as evidence at judicial proceedings, "white-collar crime," alteration of computer data such as credit ratings, anti-trust litigation, the Firm Data-The Los Angeles law firm of O'Melveny & Myers leases on-line computer terminal effect of computers on banking and hardware to aid clients and attorneys in the efficient and cost-effective processing of case files, electronic funds transfer, patent, legal documents, research, and basic administrative operations. O'Melveny associates Gary J. copyright, and trade protection of Singer '76 and Diane R. Holman '76 check the computer capabilities. computer products, and uses of the computer within a law firm to familiarize students with systems which will become commonplace during their careers. Another important aspect is the use of 7 Data Bits: An Overview of Computer Law
local taxation problems. Considera reasonable method of assisting in the Introduction tions of brevity preclude attention enforcement of drug laws by providing a being given to federal and international deterrent effect on potential violators The Computer Lmv Association, a problems. and by aiding in the investigation of national organization, is committed to specific instances of apparent abuse. providing a forum for the discusssion The Court said that it was aware of the of legal problems related to the use, threat to privacy implicit in the production, and marketinK of accumulation of vast amounts of computers and data processing goods Privacy personal information in computerized and services and to providing programs In Whalen v. Roe, 429 U.S. 589 (1977), data banks, and specifically mentioned which deal H'Uh such problems and the Court was asked to rule on the its concern with public disclosure of the issues. Memhership includes lawyers, constitutiOnality of a particular use of a information. But the Court held that the data processors, and others interested computer system by the State of New record in this case showed no invasion of in computer law. York. New York recorded in a any right or liberty protected by the In 1976, the Association held its first centralized computer file the names and Fourteenth Amendment. annual West Coast Conlerence to addresses of all persons who had discuss many aspects o/ computer law, obtained certain drugs pursuant to a Criminal Law some of which are reviewed briefly in physician's prescription. In Hancock v. Texas, 402 S.W2d 906 this "Data Bits" section of the Loyola New York had found that there was no (Tex.Ct.C 8 Contracts and Fraud representations were made innocently Liability lor Non-use of Modem In Clements Auto Co. v. Service Bureau and in good faith. SM was allowed to Technology Corp., 444 F.2d 169 (8th Cir. 1971), recover the costs paid for data processing ln The TJ. Hooper, 60 F.2d 737 (2d Cir. Service Bureau Corporation (SBC) was services which were unsatisfactory; and 1932), two tug boats were towing barges engaged in the electronic data processing for certain supply and salary costs which containing cargo. Both barges sank in a business. SM Supply Company operated were incurred because of SM's reliance gale. The cargo owners sued the barge wholesale supply houses which dealt in on SBC's misrepresentations. owner under the contracts of carriage; automotive parts and supplies, electrical and the barge owner sued the tug owner construction materials, and electronic Anti-trust and Misappropriation of 'IIade under the towing contract for its own supplies and equipment. Secrets loss and as bailee of the cargo. SBC made a study of SM's operations In Telex Corp. v. International Business Although there was no custom for with the view of providing data Machines Corp., 510 F.2d 894 (lOth Cir. tugs to carry radio receivers, the court processing services to SM. From 1963 to 1975), Telex brought an action against found that the tugs were unseaworthy 1967, SBC and SM entered into several ffiM for monopolization in the for not being so equipped since the agreements whereby SBC was to provide manufacture1 distribution1 sale and receivers would have enabled them to data processing services including leasing of certain peripheral products receive weather reports and avoid the accounting, billing, sales analysis (e.g. magnetic tape drives, printers) gale. The court said that lack of usage in reports, and inventory reports. which can be attached to IBM central an industry does not necessarily show The data processing services proved to processing units. IBM filed a that such lack is reasonable, and that be unsatisfactory to SM, which sued SBC counterclaim against Telex, which certain precautions are so imperative and charged that the input method on included claims of unfair competition1 that even universal disregard will not flexowriters was slow and expensive, theft of trade secrets, and a request for excuse their omission. and that the reports were too error-prone punitive damages. The United States Although it may not appear obvious and voluminous to be useful. The court Court of Appeals found that IBM had not what the relationship is between this found that during preliminary violated the anti-trust laws since ffiM's 1932 case and computer law, the failure discussions, SBC had made a number of share of the peripheral products market of a business to use a computer may specific misrepresentations, and had was not large enough to show result in liability if it can be shown that made one central misrepresentation that monopolization, and since ffiM's leasing harm may have been avoided by use of a the proposed data processing system methods were ordinary and reasonable computer. Hooper said that radio would, when fully implemented, be business practices. However, the court receivers were inexpensive, so the cost capable of providing SM with sufficient found that Telex had misappropriated factor could be included in determining information in a form such that when ffiM 1s trade secrets by luring away key if a business should have been equipped properly used it would constitute an ffiM employees with promises of with a computer. But since computer effective and efficient tool to be used in financial reward. These ffiM employees systems are getting less expensive and inventory control. brought with them trade secrets which operate more quickly than in the past, it In the contracts, SBC disclaimed enabled Telex to market certain products may be cheaper to use computer services liability for any warranties not stated sooner than if Telex had waited until than not to. Consider a physician in the in the contracts. The court, however; ffiM's equipment was placed on the near future who fails to take advantage rejected SBC's argument that this market and then duplicated the of available computer assisted diagnosis disclaimer prevented recovery by SM for equipment through reverse engineering. and does not properly identify a medical innocent misrepresentation. The case This head start gained by Telex was a problem. Hooper suggests that liability was decided under Minnesota law, which result of misappropriations of ffiM's may attach to the physician's failure if it the court found would hold a general trade secrets. The court's award of can be shown that a computer system disclaimer clause ineffective to negate damages to IBM included $17.5 million was available at a reasonable cost, that reliance on even innocent for unjust profits to Telex and money the computer system would have misrepresentation. The court said that, saved by Telex in developing the properly diagnosed the medical problem, under Minnesota law, the damage to SM products, and another $1 million in and the proper diagnosis would have was the same whether SBC knew its punitive damages because of Telex' prevented certain harm that occurred. representations were false and made flagrant and willful conduct involved in with the intent to deceive1 or if the luring away ffiM employees and in using IBM's secrets. 9 the punched cards themselves is of question in the case was whether Taxation of insignificant value. It was for the computer software is tangible personal intangible value of the information property, making the sale of software stored on the cards that Universal subject to state sales tax. Tangible Computer paid IBM. 114 personal property is defined as "personal Later the court continued: property; which may be seen, weighed, 11 We think computer software, then, measured, felt, or touched, or is in any Goods and can be likened to the cartoon mats other manner perceptible to the involved in Washington Times-Herald senses. 1110 Services v. District of Columbia, 5 in which The court recognized and described this court en bane held that cartoon two types of programs, calling them By Acting Professor David C. Thnick mats which were sold by publishing operational and applicational programs. syndicates to individual newspapers "[A]n operational program ... Taxation Discussion were not tangible personal property controls the hardware and actually In the tax area, one question that has for purposes of the D. C. sales tax. makes the machine run; it is been seen often in recent reported cases Judge Miller expressed the rationale fundamental and necessary to the deals with whether "software11 is to be of our Court: functioning of the computer hardware treated for tax purposes as being 'The syndicates sold to the itself. Secondly, there is an "tangible11 or 11 intangible." (The terms Times-Herald the right to reproduce applicational program which is a type "software11 and "computer programs 11 one time the work of artists who of program designed to perform often, and perhaps mistakenly, are used make the drawings. They simply specific functions1 such as preparation interchangeably.)' • sold the professional and personal of the employee payroll, preparation It would seem important for attorneys services of the artists whom they of a loan amortization schedule, or handling tax matters, either for had under contract and in so doing any other specific job which the governmental agencies trying to raise transferred title to the mats, of computer is capable of performing. money or for businesses trying to keep inconsequential value1 from which Applicational programs instruct the their taxes as low as possible, to the drawings could be reproduced. central processing unit of the understand this area. This The price was paid for the artists' computer to perform the fundamental understanding is important since the work, i.e. for the right to reproduce computations, comparisons, and classification of "software" as tangible the impressions on the mats-not sequential steps required to take or intangible can be a critical factor in a for the mats themselves. The incoming information and compute decision whether an event should be newspaper bought the creation of the desired output. 1111 taxed. An examination of some of the the artist-not the material on Even though the court recognized the cases and legislation will show how which it was impressed-and the two different types of programs, it did various courts and legislatures treat the right to reproduce it. Without that not distinguish between them for problem. right, the comic strip mats would purposes of the sales tax. The court A. Personal Property Taxes be entirely worthless.' (Emphasis said: In District of Columbia v. Universal supplied)' "What is created and sold here is "We think that the knowledge stored information, and the magnetic tapes Computer Associates, Inc., 2 Universal purchased, for about $290,000, from on computer cards, tapes, or discs is which contain this information are International Business Machines (IBM) a even more demonstrably intangible only a method of transmitting these computer (the hardware) and two sets of intellectual property than the right to intellectual creations from the punched cards (the computer programs). reproduce from the cartoonist's originator to the user. It is merely incidental that these intangibles arc One set of punched cards contained the drawings involved in Washington Times-Herald. "7 transmitted by way of a tangible reel operational programs, while the other set contained the applicational tax In Universal Computer, the court had of tape that is not even retained by one other task, that of "unbundling.11 the user. " 12 programs.3 * In the District of Columbia, tangible personal property would be The hardware and software had been The tapes were returned by the user "bundled11 together and sold for about after the information on the tapes had subject to personal property tax1 while intangible property would not be. $290,000; but only the hardware was been stored in the user's computer. The In making its determination if there subject to a personal property tax. The court distinguished the facts of this case court 11unbundled11 the sale to determine from Crescent Amusement Co. v. would be personal property tax on the 13 punched cards, the court did not the value of the hardware, which was to Carson in which a tax was levied on be taxed. the rental of motion picture films. distinguish, for purposes of the tax, 11 between the operational programs and After going through some In Crescent the tax was levied on the the applicational programs, although mathematical calculations, and rental of a motion picture film. The the court did mention that there was a explaining the uncertainty involved, film is inherently related to the difference in function between these and describing the contradictory movie; without the film there could two types of programs. (Later in this evidence regarding the value of have been no movie. Therein lies the article, in the discussion of California hardware and software, the court found crucial difference. Magnetic tapes and legislation, it will be shown that in the that a 50%-50% split was not cards are not a crucial element of personal property tax area, California unreasonable, saying "[w ]ith a different software. The whole of computer distinguishes between these two types set of facts, King Solomon did no better software could be transmitted orally in making a similar choice. 118 or electronically without any tangible of programs in assessing a tax. J 14 The court decided that the programs Universal Computer involved manifestations of transmission." were intangible, and should not be personal property taxes, but the same The court found that the transfer of any taxed. The court said: problem occurs with sales and use tangible personal property was "It appears to us that the material of taxes. incidental to the purchase of the intangibles stored on tape, and that the B. Sales Tax sale of computer software does not In Commerce Union Bank v. Tidwell 9 the bank purchased some computer Copyright 1979 by David C. Thnick software. The court said that the sole 10 constitute the sale of tangible personal computer. Excluded from the definition The Court then applied these three property under the applicable state of control program, and thus not standards to the three cases before it: statute. 1s* taxable, are applicational programs. a. In the first case the court said that Thus, California's approach is not to the service bureau (taxpayer) received C. Use Tax categorize on the basis of 11 tangible" or raw material from its customer and In a use tax16 * case, State v. Central 17 "intangible" for personal property tax transcribed it onto key punched cards. Computer Services, Inc., the question determinations, but rather on the Then the cards were fed into a data was whether computer software function of the programs. Recall that processing machine to be sorted, constitutes tangible personal property the cases discussed in the personal classified and rearranged. The printout for purposes of the state use tax. The property; sales, and use tax areas was delivered to the customer, and it reasoning of the majority paralleled that distinguished "tangibles" from was the customer who studied, altered, of the courts in Universal Computer "intangibles" for tax purposes. analyzed and adjusted the data. Thus and Commerce Union Bank. the object of the transaction was the In distinguishing the case from E. Sales Tax on Goods and Services rearranged raw material, the "write-up Boswell v. Paramount Television Sales, Provided by Service Bureaus work," and the limited personal service 18 Inc., in which the "court held that the One final area of interest involves the was an inconsequential element of the leasing of movie films and tapes by taxation of goods and services provided object sought and sold. The entire Paramount, a California Corporation, to by service bureaus, which are transaction was taxable, under the sales television stations in Alabama involved businesses that perform data processing tax, with no allowance for the the leasing of tangible personal property services for others. An Ohio case insignificant personal service rather than an intangible right to provides a good discussion of the issues rendered. 29 publish ...," 19 the court said: involved, and some possible solutions. b. In the second case, the service "We believe that magnetic tapes and In Accountants Computer Services, 23 bureau obtained information from its punched cards are distinguishable Inc. v. Kosydar, the Ohio Supreme client for analysis of business problems. from movie films. In Boswell, the Court considered three separate fact The service bureau's professional court noted that the right to publish situations, and said: workers applied thinking to the client's or broadcast the motion pictures "The essential issue common to each present system. The data processing was physically inseparable from the of the three cases is the applicability machines and their printouts were used movie itself. The physical presence of the exception from taxation to assist the service bureau in sorting of the movie film is essential to provided by [the tax code] for items of work so as to allow the service bureau broadcasting the intangible artistic tangible personal property which are personnel to spend time solving the efforts of the actors. However, in the transferred, as an inconsequential client's problems. The printed matter present case, the physical presence .of element for which no separate charge was valuable because it existed as a magnetic tapes and punched cards IS is made, in conjunction with a result of personal service efforts by the not essential to the transmittal of the transaction which also involves some service bureau personnel. Thus the desired information from its creator. significant degree of contracted-for 1124 tangible property (i.e. the printed paper) ... Testimony in the present case service.... was an inconsequential element for indicates that this information can The court continued: 11 which no separate charge was made. also be telephoned to the computer or The problem lies in the fact that The contents of the paper represented brought into Alabama in the mind of most transactions, to at least a personal services, i.e. analysis of the an employee of [the licensor]."20 limited extent, involve a mixed client's problems, and there was no tax The dissent responded to the majority's degree of some personal service and on this analysis. 30 statement that the lease of movie films the transfer of some tangible personal 25 c. The third case before the court did can be distinguished from the purchase property. " not involve a data processing service of computer programs for tax purposes. The court determined that the real bureau, but the facts nevertheless The dissent said that films can be object sought by the buyer is critical in would seem applicable to the problem transmitted by telephone lines or radio knowing if the sales tax would apply. If of applying a sales tax to output from a waves. Also, the actors could appear the true object is service, the sales tax service bureau. In this case a market personally. But that would not make the does not apply; however, if the true research firm (A.C. Neilsen Company) film product an intangible. In the object is the tangible personal property, was to provide services consisting of present case, the cards and tapes had the tax applies to the entire gross compiling statistical data; interpreting value because of what was contained on receipts without deduction for work, the data in order to determine them. In Boswell there also was some labor, skill, thought, time spent, or marketing information; analyzing, hardware used to get information off the other expense of producing the 26 interpreting, and presenting to the film, just as hardware is used to get property. customer the statistical information; information off of the cards or tapes. 21 Quoting from Goodyear Aircraft and assisting the customer in Corp. v. Arizona State Tax Comm., 27 the D. California Personal Property Tax management and in making marketing court listed three possibilities: decisions based on the data. The Legislation 11 '1. The service is the main item sold California has passed legislation in the court thought that the intellectual and the property sold is incidental and manual personal efforts of the area of personal property tax on thereto and not separately computer programs.22 employees of the marketing research charged. (Not a taxable sale as a firm were the object of the sale, and not Essentially, California has a personal sale of services.) property tax on "control programs" 1 the inconsequential tangible personal " 2. The services and property sold property that was transferred. Thus (which the code says is interchangeable can be readily separated. (One tax with 11basic operational programs"), but there was no taxation of any portion of exempt and the other taxable.) the consideration paid. 31 no personal property tax on any other 11 '3. The service sold is incidental to programs. The functions of the control As an example of the possibility the property and not separately wherein the service and property sold programs are defined in the statute. charged. _(Taxable in gross.)'"28 Basically; the code says that the control can be readily separated, the court programs manage the operations of the mentioned an optometrist who provided other programs that operate in the an eye examination and eye glasses. The court reasoned that two separate and 11 distinct transactions were occurring; statement more accurately applies than 27. 1 Ariz.App. 302, 306, 402 P.2d 423, 427 one, a purely professional service, and 'software."' D. BINDER, COMPUTER (1965). the other purely a sale of tangible LAW: EVIDENCE AND PROCEDURE 28. Accountants Computer Services, 298 personal property. 32 § 2.06 n. 1(1978). For a discussion of N.E.2d at 526. Thus, the Ohio case demonstrates "software" and its definitions, see 29./d. at 527-28. the need to examine the facts of the BINDER at § 2.06. 30./d. at 528. particular transaction in order to 2. 465 F.2d 615 (D.C. Cir. 1972). 31.ld. determine how much, if any, of the 3. I d. at616-17. Nearly all computer systems 32. I d. at 526-27. transaction is subject to a sales tax. require operational programs to control Costs paid for analysis are not subject to the environment within the computer's a sales tax which is based upon taxing central processing unit (the "C.P.U."j. In tangible personal property, while the the C.P.U., the computer programs mere rearranging and listing of data will operate. While the specific functions of result in a sales tax on the purchase operational programs vary with each price. Also, if the events can be computer because of each computer's separated into distinct transactions, it is capabilities, two major functions appear possible that some of them will be the common to most operational programs: sale of goods, and others the sale of a) control the input and output of the services, with a sales tax imposed only computer, and b) schedule the order in on the sale of goods. which the various computer programs Conclusion will operate. Applicational programs are This article has examined sales, use and designed to do specific jobs for the user of the computer, such as bookkeeping, personal property taxes on computer billing, and statistical analysis. See R. software, and sales tax on output from computers. Obviously there are ways of BERNACCHI & G. LARSEN, DATA PROCESSING CONTRACTS AND THE viewing these areas which have not LAW 280-82(1974). Definitions of been explored by this article, and there "operational programs" and "applicational are other tax problems in the computer programs" vary within the computer field which this article has not industry, and an additional definition of addressed. It has been the intent of the each term will be given in section "B" of article to alert the reader to some Acting Professor David C. Tunick, who this article dealing with sales taxes. problem areas which otherwise may teaches a course at Loyola in Computers 4. Universal Computer, 465 F.2d at 617. have gone unnoticed. For an overview of and the Law, was graduated from UCLA 5. 94 U.S.App.D.C. 154, 213 F.2d 23 (D.C. the entire area of Computer Law, the Law School in 1971. Prior to attending Cir. 1954). reader may wish to peruse Bigelow, law school, Professor Tunick spent a 6./d. at 155, 213 F.2d at 24. Computer Law Service and Computer year as a data processor and data 7. Universal Computer, 465 F.2d at 618. Law Service Reporter, a multi-volume processing manager at Data Services, 8. I d. at 619-20, citing I Kings 3:16-28. series which is a collection of cases and Inc. and six years as a computer 9. 538 S.W.2d 405 (Tenn. Sup. Ct. 1976). articles in the Computer Law field. programmer and computer 10./d. at 406. programming instructor at System Footnotes 11./d. Development Corporation, both in 12./d. at 407. Santa Monica, California. l. The word "software" has no generally 13. 187 Tenn. 112, 213 S.W.2d 27(1948). Currently he is a member of the accepted meaning within the data 14. Commerce Union Bank, 538 S.W.2d at Computer Law Association, for which processing industry. "Softvvare" may 407-08. he serves on the West Coast Conference include a listing of computer program 15. In 1977, Tennessee enacted legislation to Planning Committee. He spoke at the instructions that can be read by a human; impose sales tax on certain types of Association's 1977 West Coast it may include those same computer computer programs. This was repealed in Conference on the topic: State and Local instructions translated into machine 1978, leaving Commerce Union Bank as Taxation of Computer Goods and readable form and now residing on some the law in Tennessee in the area of sales Services. He is a member of the Los storage media such as magnetic tape; it tax on computer programs. Comp. Law Angeles County Bar Association's may include those same computer and Tax Rep., Feb., 1978, at S-6; Comp. Subsection on Computers and the Law. instructiOns after they have been "read Law and Tax Rep., Mar., 1978, at 7; Camp. In 1977, he was that Subsection's first into" the computer; and it may include Law and Tax Rep., May, 1978, at 7. speaker, and addressed the group on the human readable documentation which 16. As an example of the meaning of "use topic: Computer Law in Law School describes the capabilities of the computer tax," Illinois defines "use" under its curriculum in the United States. Also, program. "Software" also may be used to applicable code as ''the exercise by a he is a member of the Association for describe data to be processed by the person of any right or power over tangible Computing Machinery. Beginning in the computer. Such data may be customer personal property incident to the spring of 1979, Professor Tunick is to lists, student grades, or some other set of ownership of that property." Philco Corp. conduct seminars throughout the information. As with computer programs, v. Dept. of Revenue, 239 N.E.2d 805, 808 United States on the topic: Practical this data may be represented in human or (Ill. Sup. Ct. 1968). and Legal Aspects of Negotiating Data machine readable form, and either form 17. 349 So.2d 1160 [Ala. Sup. Ct. 1977). Processing Contracts. He is now may be considered "software." "[E]xperts 18.291 Ala. 490, 282 So.2d 892(1973). preparing an article for publication in in the computer field, while using exactly 19. Central Computer, 349 So.2d at 1162. the Loyola Law Review entitled: An the same words, uniformly disagree as to 20./d. Introduction to Computer Law for precisely what they mean." Honeywell, 21./d. at 1163-65. Non-Computer-Type Attorneys. Inc. v. Lithonia Lighting, Inc., 317 F.Supp. 22. Cal. Rev. & Tax Code §§995, 995.1, 995.2. Portions of the article have been 406, 408 (N.D. Ga. 1970). "There is 23. 298 N.E.2d 519(0hio Sup. Ct. 1973). condensed for this issue of the Loyola probably no single term to which that 24./d. at 523. Lawyn 25. I d. at 525. 26.Id. 12 in South America, joined her husband in Luc P. Benoit recognizing the need for a data bank here on the West Coast. Accordingly, a '67 EstabHshes gift from the Benoit's gave the impetus to establish the Data Bank to receive books, periodicals and other materials a DataBank on technology transfer law for the use of lawyers, law students, and members of of Technology the academic community in Southern California. In particular, Loyola Law School has agreed to maintain such Transfer Law contributions accessible in its law library. Technology transfer laws and at Loyola concerns arc becoming an increasingly frequent topic of seminars and The most recent addition to the Loyola extensive studies. A recent nationwide Law Library is a Data Bank of study of Public Policy and Technology Technology Transfer Law, trying to meet Transfer was funded by the United an emerging need in a new fashion. States Department of State, sponsored Technology is now outstripping its most by the Fund for Multinational current dictionary meaning to become Management Education, Council of the simply "the means and processes of the Americas, United States Council of the industrial age." International Chamber of Commerce, This development is paralleled by a and The George Washington University, growing recognition that technology and yielded a four-volume review of a transfer can only be successful as an wide variety of legal and exchange, with givers and recipients socio-economic topics. Luc Benoit exchanging their roles as to different participated in that study and the Fund needs, such as production and for Multinational Management management iniormation in a generously gave him a copy of the developing country and raw materials in four-volume review in trust for the Data a developed market economy. Bank. A continent and an ocean away, Technology transfer is not only a the newly established European Patent transnational matter, but is truly an Office in Munich, Germany, has exchange of the means and processes of initiated free contributions to our Data the industrial age, internally, externally, Bank in mid December, and the world domestically, and transnationally. The intellectual property organization in involvement of multitudinous laws and Geneva, Switzerland has also begun often interdependent if not contributing books. countervailing legal systems is similarly Contributions to the Data Bank can bewildering. Also, the subjects of be made through direct contributions to technology transfer and technology Loyola Law School which become part transfer laws arc intertwined to such an of its Law Library. An abstracting, extent that the lawyer is practically lost indexing and cross-referencing system is without an understanding of the intended to permit easy access and underlying means and processes. review for academic study and for legal Against this background, Luc P. and background research and Benoit '67 in September 1977 conceived information by students, teachers and the idea of a Data Bank of Technology interested lawyers. Transfer Law which would unite the Books, periodicals and articles on function of a law library with that of a intemational and domestic licensing, repository of appropriate supportive domestic and foreign patent laws, materials in the context of transnational corporations, antitrust cross-referencing and retrieval facilities. laws, commercial laws, European Luc Benoit's practice in different aspects Economic Communities laws, and of technology transfer law, first similar topics along with contributions overseas, then in Western Pennsylvania specifically directed to technology and now in Pasadena, his directorship transfer subjects elucidating the need and committee chairmanship of the Los for and the purpose of laws and Angeles Patt!nt Law Association, were regulations, arc particularly needed at bound to make him particularly present. sensitive to the need for a data bank on technology transfer law. Lislottc Benoit, against a background of a career in multinational corporations and as consular secretary Computer assisted learning, research systems, not related to each other but Computer and library processing systems arc a together form an integrated, must for Loyola Law School. As the use comprehensive, com puter assisted Assisted of such assistance becomes more learning and teaching system. Each will prevalent in the practice of law so the have its own terminals and different law school must keep pace. The young master computers; however, the three Lean1ing, lawyer m ust be familiar with every together make a formidable grouping of modem technique in order to provide efficient and effective tools to enhance Research and the best possible client advice at a given the teaching and learning of the law. situation. l~l Library The "law explosion" caused by new EDUNET makes it possible for law case law, new areas of legal students, professors and administrators 'II entanglement, new and expanding fields to access, at reasonable cost, computer Processing of legal specialization and a myriad of aided learning and teaching resources other reasons force the law student and that would otherwise not be available to and Reference the law professor to spend an inordinate them. The computer assisted law amount of time researching rulings, programs are situated at the University codes and statutes to find answers of Minnesota computer center. Many Systems germane to the problem in law he is programs are already established while facing. others may be written by our own The student may no longer be faculty and entered into the system. able to assimilate all of the available information solely through the LEXIS was developed by Mead Data traditional lecture method of teaching Control as a service for lawyers who are law. He must have methods of heavily involved in research. It is a self-study and self-testing on an interim plain language research and retrieval basis. The student must, at the same system using key words to bring out of time, become familiar with the its memory related facts to the inquirer. techniques used by practicing attorneys now and in the future. BALLOTS system allows the law The law professor is faced with librarian to determine in seconds where similar problems, when developing and what research materials are course assignments that must often available, either in Loyola's own library enter jointly into the realm of state, or in other law libraries throughout the interstate, national and international nation. This system also provides law. He must take into account the inforn1ation regarding access to research time the student will use in materials that are in libraries other than relationship to other course our own. In addition it is a reference commitments. system that has the capacity to Because of the "law explosion" new construct a bibliography and provide focus has been placed on research cross indexing with other law libraries. techniques, on self-learning and on BALLOTS was developed at Stanford more efficient use of the law school's University, and its data base includes 200,000 volume library. The answer that material from California State Law becomes clear is computer assistance in Libraries, California State Documents three specific areas - computer assisted Library, the law libraries of Boalt Hall, learning, computer assisted research Stanford, UCLA, McGeorge and and computer assisted library processing Hastings Law School among others. and reference. The cost of establishing such a It would be almost impossible for any computer assisted system is estim ated private law school such as Loyola to at $78,500 and the operating costs arc develop the software and acquire the estimated at $50,000 per year. hardware needed to establish its own As an alumnus or friend of Loyola computerized system and data base. The Law School you might wish to consider cost would be prohibitive. Fortunately a gift to the educational enrichment m uch of the hardware and software in fund of Loyola Law School to be applied this area has already been developed and to either helping to establish or helping is available now. Viable and flexible to endow these computer assisted systems that answer today's needs and systems. allow the answers for tomorrow's A capital gift may help in the problems to be added are available on a establishment of this computer assisted time sharing basis. This malces the center by the purchase of equipment utilization realistically feasible and cost and dedication of space. effective for Loyola Law School. A bequest, charitable remainder trust, The three systems that Loyola is or gift annuity may be designated currently considering installing or time towards the enrichment fund and used sharing arc EDUNET, a computer to endow the program and off set the assisted learning system, LEXIS, a legal operating costs in the future. research system and BALLOTS, a library processing and bibliographic reference system. All three are separate Computer Assisted The Defense Function tained in the written material to the fac The student plays the role of a lawyer in a tual situations presented. Exercises in Legal hypothetical trial. As the trial progresses Education the student is faced with various prob Directed Verdicts, Summary Judgement, lems of professional responsibility. The and Instructions computer asks what should be done in This exercise deals with the use of di Following are examples of computer as each situation, and responds to the an rected verdicts/judgement n.o.v., summary sisted instructional programs currently swer by commenting upon it, asking fur judgement, and instructions to remove is developed in the EDUCOM system and in ther questions, or progressing further sues from the jury. For example, students usc at other ABA accredited law schools with the trial. are asked whether, in specified factual in the United States. The application of situations, it would be appropriate to di CAl at Loyola Law School is one part of Demurrers and Motions for Judgement on rect a verdict for or against the party bear many long-range planning studies now the Pleadings ing the burden of proof. being conducted for possible implementa The student is given sets of pleadings in tion. The concept of using computers in a civil cases, and asked to identify issues Decisions Before Trial traditional legal education environment that would be raised on a demurrer or This exercise permits the student to may be questioned by those who perhaps motion for judgement on the pleadings. choose the role of counsel for the plaintiff did not benefit from this type of or for the defendant in relation to a poten technological advancement in teaching Evidence-Casebook Version tial claim for wrongful death arising out and learning. However, the advantages of The computer prints a transcript of ques of alleged negligence in servicing a trailer CAl as a supplement to the traditional tions and answers asked to witnesses dur wheel. In the chosen role, the student is lecture/research method of teaching law ing the trial of a personal injury case. At asked to make decisions on problems of have been clearly identified, and a brief various points, the computer notes that trial tactics and strategy and problems of overview of these exercises is presented an objection has been made to the ques professional responsibility that arise as here for informational purposes. tion. The student must indicate whether the case develops. The computer is pro the trial judge should sustain or overrule grammed to gather data on answers and An Exercise in Case Analysis the objection. After the student indicates on experienced trial lawyers responding This exercise is designed to help train be whether the objections should be sus to these same questions. The program ginning law students in the analysis of tained or overruled, he is asked to justify also contains comments and answers to judicial opinions. The student is asked to the answer by choosing from a multiple questions on which competent counsel agree or disagree with assertions about a choice format. If the student gives an in might differ and explanation of the con diversity jurisdiction case (Baker v. T<.eck), correct answer, the computer responds flicting considerations bearing on the de The computer responds to the student's and the student is asked to try again. cisions the student is required to make. answers by evaluating them or asking fur When reasonable arguments can be made ther questions. for either sustaining or overruling an ob Computer Generated Intent Questions jection, the computer explains the argu The program requires the student to apply The Complaint ments on both sides. the concept of "Intent" as defined in Re The student is pn:sented with a hypothet statement (Second) of Torts. By m eans of ical slander case. He must compose a Objection computer-generated questions, the stu complaint for a diversity action in federal This exercise is similar to the Evidence dent is asked to approve or disapprove as court. The student is told that his com exercise; however, the student is more serted propositions applying the concept plaint must be drafted so that it would frequently asked to give short free to a fact situation and to identify the er completely satisfy even the most punctil language answers. In the second part of rors in erroneous propositions. lious judge. The student composes the the exercise, the student is placed in the complaint by choosing from a menu of role of a lawyer and asked to make objec Child Injury in Tort Law paragraphs contained in the workbook tions to testimony. This exercise is de The student answers questions concern which accompanies the exercise. The signed for use in conjunction with an evi ing an eye injury to a 7-ycar-old child computer asks the student to explain the dence or trial practice course. caused by a classmate. The student must grounds upon which rejected paragraphs identify entities against whom claims were not used. The student explains by Federal Rules of Evidence may be made, theories of those claims choosing from a multiple choice format, This exercise is similar to the Evidence and instructions to the jury. Also, the stu and the computer responds by asking fur version except that it is based upon the dent has an opportunity to submit to the ther questions or by criticizing the an Federal Rules of Evidence rather than computer questions seeking information swers. The exercise requires the student those described in civil procedure from a vital witness; this information to compose a complaint which pleads case books or common law. helps the student evaluate proposed in grounds for jurisdiction and the elements stmctions to the jury. of the claim at a proper level of generality, Jurisdiction and Venue while avoiding superfluity or violation of The student is asked whether a hypothet The Case o£ Driver, Trucker, and Sharp Rule 11. ical lawsuit could be brought in various This problem is available in workbook forums. The computer responds to the an form and on the computer. The problem Code of Professional Responsibility swers by asking questions about venue, begins as an examination question of the Students are given a series of hypothetical diversity jurisdiction, rem oval, and per type commonly used in law schools. The factual situations and asked whether cer sonal jurisdiction. The exercise is de student is urged to spend an hour writing tain conduct would violate the Code of signed primarily to familiarize the stu an examination answer under typical Professional Responsibility. This exercise dent with the provisions of a typical examination conditions before turning to is designed to be a drill in black letter law, long-arm statute, and with statutes gov either the workbook or computer version leaving more sophisticated problems of erning federal venue, diversity jurisdic of the exercise. Under each version, the construing the Code for class discussions. tion, and removal jurisdiction. However, student is led through a careful analysis the exercise also requires the student to of issues in the problem. apply two diversity jurisdiction cases con- The Advocates Sets $80,000 Goal The Advocates Council of Loyola Law tax-deductible contribution in the reply certificate or medallion (Donovan School has established a fund-raising envelope provided with the Loyola Fellows). goa l of $80,000 for The Advocates, the LawyeL Loyola Law School would like to take School's annual support group, during Another activity to help increase this opportunity to acknowledge and 1978- 1979. Last year, The Advocates contributions is the formation of Dibble thank the alumni volunteers who contributed almost $5 7,000 to the Law Fellow and Cook/Advocate fellow assisted in the recent phone-a-thon, School's annual operation. solicitation committees. Volunteers especially the following Alumni Council chairman, Charles R. have taken on assignments to contact Chapter fund-raising chairpersons: Redmond '75, vice president for other alumni and personally ask each Claire Van Dam '73 (Brentwoodi administration and services and individual to join T he Advocates at a WestwoodJBeverly Hills); James E. "Pat" assistant to the president, Times Mirror particular giving level. Patterson '6l(East San Gabriel Valley); Company, reported to the Alumni Annual giving categories for Benjamin Felton '60 (East San Fernando Association Board of Governors that, membership in The Advocates include Valley); N. Fred Woods, Jr. '63(Long through December 31, 1978, a total of the Rev. Joseph J. Donovan Fellows Beach/San Pedro); Carl J. West '78 (Los $33,000 had been received from 227 ($1,000 or more), the J. Rex Dibble Angeles); Michael Tenerclli '77 (Orange alumni and other friends. Fellows ($500.-$999), the Walter Henry County); RobertS. Rose '55 (Pacific To promote increased alumni Cook Fellows ($250-$499), and The Palisades/Santa Monica); Brian K. awareness and support of The Advocate Fellows ($100-$249). Brandmeyer '62(Palos Verdes); Anthony Advocates the Council conducted a Funds received through The Bellino '71 (Riverside/San Bernardino); phone-a-thon last November to reach Advocates are used for a number of William M. Wilson, Jr. '76 (Santa graduates residing in the 18 alumni operational needs, including the Barbara); Craig H. Edgecumbc '72(South chapters throughout California. Since recmitment and retention of a highly Bay); William S. Stack 'SS (West San the phone-a-thon, there have been 62 qualified faculty, the purchase of books Fernando Valley); and Richard Hall '73 new donors (thru December 31) with and equipment for the library, financial (West San Gabriel Valley). contributions of more than $4,000. aid for needy and qualified students, and Thanks are also extended to If you were not contacted during the the maintenance of Law School representatives of the Dibble Fellows phone-a- thon, or if you simply did not faci lities. All contributions received Committee, Gerald M. Singer '68, make a pledge at that time, please through T he Advocates arc used chairman, and Martin J. Burke '26, and consider helping The Advocates surpass exclusively for Loyola Law School. also to Roman M. Silbcrfeld '74, its $80,000 goal by sending your Advocates receive recognition in the chairman of the Cook/Advocate Fellows Annual Report and Donor Honor Roll, Committee. library privileges, and a handsome Board of Governors Elections Scheduled for June Elections for positions on the 1979-80 Board of Governors of the Loyola Law School Alumni Association will take place in june. There will be five positions on the Board to be filled for a two-year term of office beginuing on July 1, 1979. Active members of the Alumni Association, which includes all graduates of Loyola Law School, are eligible for nomination. Anyone interested in nomination for election to the Board must submit a nominating petition stating one's intent and signed by at least 20 members of the Alumni Association. Nominations by petition must be received by the president of the Board of Governors by May 1. Petitions should be mailed to Annual Alumni/Advocates president of the Alumni Association Mr. Laurence G. Preble, c/o Loyola Law Event to Honor Outgoing Board of Governors, will serve as master School Alumni Association, 1440 West of ceremonies for the evening. Ninth Street, Los Angeles, California Dean A special California State Assembly 90015. Resolution will be presented to Dean Election ballots will be mailed to the The Alumni/Advocates Dinner Dance, Lower by Assemblyman Charles R. entire Alumni Association on June l to be held on Friday, March 23 at the Imbrecht '74 (36th District). and must be returned by june 15 when Beverly Wilshire Hotel (Beverly Hills), Music for dancing will be provided by the tabulation of votes will be made. will honor Frederick j. Lower, Jr. '64, the Gregg Elliot Band. Ticket price for who announced his resignation as Dean the arrnual event, sponsored by the of Loyola Law School effective july I. Alumni Association's Board of Professor Quentin 0. "Bud11 Ogren Governors, is $30 per person. Loyola Alumni Directory will receive the Faculty Recognition law students, who are also invited to Award for 25 years of teaching at Loyola attend, will receive a discount on the Publication Plans Move Law School, and the Alumni tickets to encourage participation. Forward Association Award for outstanding All Law School alumni will receive service and superior scholastic an invitation to this gala affair. If for In late December, a special information achievement will be presented to a some reason you have not received an update card was mailed to the Law graduating law student. invitation (mailed in February), simply School's more than 4,600 alumni to The semi-formal affair will begin with mail your check to the Law School gather current data for the School's first cocktails at 6:30 p.m. in the Le Petit using the reply envelope provided with Alumni Directory. Alumni were asked Trianon Room, followed by dinner in Le the Loyola Lawyer. to provide information on the card with Grand Trianon. Laurence G. Preble '68, which to update the most recent information the Law School has on record, and to return the· card to the School by january 31. It was originally hoped to have the Alumni Directory Alumni Directory available for distribution in january, but with a delay in mailing the information update card, the Directory will probably not be r------,1 Loyola Law School Alumni Directory Questionnaire 1 available until March. The Directory format will include an 19 I alphabetical listing of alumni with I Last Name First Name M.I. (Maiden Name) Class Year business addresses and phone numbers; I I a roster of alumni by class year; a I Professional Or.:r.:upatinn/Current Business Titlt: I geographical breakdown by city in California and by states outside of I Finn Namt: I California; and a list of alumni chapters I I with membership rosters. I Business Address City Statt: Zip Tdt:phnne I Alumni who wish to reserve a copy of the Directory can do so by completing I Residenr.:t: Address City State Zip Telt:phom I the form below and returning it in the I I reply envelope provided with the Loyola 1 I prefer rece1vmg alumm mall at my 0 Busmess 0 Res1dence 1 Lawyer. I w1sh to reserve a copy of the Alumm Duectory 0 Yes D No J L ------13 Board of Visitors Adds Members; Anderson Named Vice-Chairman At its fall meeting, the Board of Visitors membership on the Los Angeles County elected John E. Anderson '50 as its vice Bar Assodation Disciplinary chairman. He has been a member of the Committee-Real Property Section1 Board of Visitors since September 1977. director of Little Company of Mary Anderson is a founding partner of the Hospital (Torrance), and past president Los Angeles and Santa Ana law firm of of the South Bay Bar Association. He is Kindel & Anderson. He has served as a currently owner and general partner of member of the Law School Alumni Chateau Montelena Wmery in Napa Association's Board of Governors and as Valley. an adjunct professor of taxation and tax planning at the Law School. Walter F. Beran is the partner in charge Anderson serves on several other of West Coast District offices for the educational and civic boards including accounting firm of Ernst & Ernst (Los Claremont Men's College, St. John's Angeles), a position he has held since Hospital and Health Center Foundation, 1971. Mr. Beran has been a member of and the Metropolitan Los Angeles the firm's five-man Managing YMCA. Committee since 1972. He joined the fames L. Barrett '51 He and his wife Marion have four firm in 1948 after earning his bachelor's children and reside in Bel Air. Mr. and degree from Baylor University in the Mrs. Anderson hosted the initial Board same year. he received the Loebbecke Award as of Visitors meeting for 1978-79 in Mr. Beran's current civic activities chairman of the United Way Region in their home. include service as vice president and Los Angeles with the highest increase chairman of the Executive Committee in campaign contributions. James L. Barrett '51 is senior partner of the Los Angeles Area Chamber of with the law firm of Barrett, Stearns, Commerce and vice chairman of their Daniel C. Cathcart, father of Loyola Collins, Gleason & Kinney (Torrance). Economic and Job Development student Peter Cathcart '80, is a partner He earned his bachelor's degree from Council, and chairman of the Board of with the Los Angeles law finn of the University of California, Los Councilors of the School of Business Magana, Cathcart & McCarthy. He Angeles. For the past two years, he has Administration, University of Southern earned his law degree from the served as general counsel for the UCLA California. University of Southern California Alumni Association. Mr. Beran has frequently been following undergraduate studies at both Mr. Barrett's other professional and honored by business, civic, government the California Institute of Technology civic activities have included and professional organizations. ln 1976 and USC. Since being admitted to the bar, Mr. Cathcart has specialized in the handling of medical-legal trial matters, but for the past several years most of his practice has been devoted to the handling of aircrash litigation. Mr. Cathcart was formerly on the faculty of the Institute of Aerospace Safety and Management, University of Southern California, and also the USC Law Center, Advanced Professional Program, as an instructor in Aviation Accident Litigation. Leonard Cohen '51 is senior executive vice president of National Medical Enterprises (Los Angeles). He has been an executive officer and director of the company since its inception in 1969, overseeing company activities in acquisition, finance, and operations. Mr. Cohen received his bachelor's degree from the University of California, Los Angeles. He has Dinner Meeting- Attending the Loyola Law School Board of Visitors meeting last Fall were (from left) J.R. Bob Vaughan '39, chainnan, Jack M. Ostrow '48, Hon. Mariana R. Pfaelzer, John E. And_erson '50, vice-chairman, and Morris Pfaelzer along with other Board members, faculty, staff, and students. 14 Walter F. Beran Daniel C. Cathcart Han. Mariana R. Pfaelzer Board Member Appointed to Federal District Court The Hon. Mariana R. Pfaelzer, a member of the Loyola Law School Board of Visitors, was appointed to the Los Angeles Federal District Court by President Jimmy Carter and sworn into office on Nov. 7, 1978 by Ninth Circuit Court of Appeals Judge Shirley M. Hufstedler. Judge Pfaelzer, the first woman appointed to the Federal District Court in California, was a senior partner in the Los Angeles law firm of Wyman, Bautzer, Rothman & Kuchel, which she joined upon graduation from UCLA law school in 1957. During her long tenure with the same firm, she handled a wide variety of cases, specializing in business and entertainment law, with the last 10 Leonard Cohen '51 Hugh L. Macneil '48 years devoted exclusively to litigation. She earned a bachelor's degree from UC Santa Barbara, and graduate studies extensive experience in tax law through Conference for 20 years; past chairman in political science at UCLA led to his more than 20 years as a partner in (two years) of the Probate & Trust Law emollment in law school despite an the law firm of Ervin, Cohen & Jessup Committee of the Los Angeles County already established career in secondary (Beverly Hills), and was a lecturer at the Bar Association, member of the education. University of Southern California executive council(1974·78) of the Judge Pfaelzer is a former president of School of Law for 15 years. Mr. Cohen International Academy of Estate and the Los Angeles Police Commission, has also authored articles on taxation. Trust Law, and a regent since 1974 of and joined the Loyola Law School Board the American College of Probate of Visitors last year. She has also served Hugh L. Macneil '48 is a partner with Counsel. on the State Bar Committee on the Los Angeles law firm of O'Melveny Mr. Macneil's community Professional Ethics and the Special & Myers. Mr. Macneil, son of the late involvement includes serving as a Committee on Juvenile Justice. Sayre Macneil, former dean of Loyola director of the Pasadena Child Guidance Law School(1941·59), earned his Clinic (president 1974·76) and a undergraduate degree from Harvard trustee of the Del Amo Foundation. University. Mr. Macneil's professional activities include delegate to the State Bar 15 Law School to Expand Reunion Program "The response to the limited class reunion program begun in 1977 has been so enthusiastically received by the alumni that it will be expanded in 1979 to include events for all classes from 1924 to the present for every five years since graduation," announced David Morrissey, Director of Law School Development. It is planned that this year, the Classes of 1974, 1969, 1964, 1959, 1954, 1949, 1944, 1939, 1934, and 1929 will all hold reunions. Class reunions are an opportunity to renew friendships, extend professional contacts and recall the 11 Paper Chase" of Bar Reception-Recent graduates of Loyola Law School gathered in January to celebrate their a legal education at Loyola. passing of the State Bm Examination during 1978. The annual Bm Exam Reception is hosted by Alumni from these classes are needed the Alumni Association. to be part of a committee to help plan and publicize their reunion. Anyone interested in assisting should give the Alumni Association Board of Morrissey a call at the Law School at 642-3135, or drop him a note using the Alumni Host Bar Governors, discussed the goals of the reply envelope provided with the Loyola Alumni Association and ways that the Exam '78 Reception Lawyer. new Loyola lawyers can assist the Law The Alumni Association hosted a School. festive cocktail reception on January 31 Results of the July 1978 General State at the Los Angeles Athletic Club for all Bar Examination released by the Loyola Law School graduates who Committee of Bar Examiners indicate passed the California State Bar that the combined percentage passing Examination in 1978. rate of the 316 day and evening Loyola The reception marked the third year law students talcing the test for the first that the Alumni Association has time was 75.3%, well above the welcomed the Law School's new statewide passing average of 52%. attorneys into the legal profession. Statistics compiled from the Spring Some 100 recent graduates attended the 1978 State Bar Exam conducted in affair, and they were joined by faculty February show that 74 Loyola graduates and administrators who extended attempted the test for the first thne and that 78.4% passed. congratulations upon their success. A Decade-The Loyola Law School Class of Laurence G. Preble '68, president of 1968 Reunion Chairman William F. Davis III (center) chats with fellow graduates on the occasion of their 10-yem reunion in Santa Barbara Chapter Holds Social November. The Santa Barbara Alumni Chapter held its second annual social event on October 12 at the University Club in Class of 1968 Holds Santa Barbara. Attending the cocktail Reunion reception and luncheon were over half of the Loyola Law School graduates Members of the Class of 1968 held their residing in the area. 10-year reunion on November 4 at the Dean Fred Lower '64, featured speaker Riviera Country Club. Attending the at the event, conducted a round-table cocktail party as guests of the class discussion on Loyola's history, present were Dean and Mrs. Frederick J. Lower, state, and future plans. JL '64 and Professor Lloyd Tevis '50. The social was chaired by Thomas P. The reunion was organized by Anderle '64, president of the Santa committee chairman William F. Davis Barbara Alumni Chapter. Also attending III, Adams, Duque & Hazeltme, and the event were John G. Barnes, Jr. '52, committee members Michael F. Bowler and David R. Penso '75, with the local Chapter Event-The Santa Bmbma Alumni III, Karns & Karabian; David Patnck law finn of Harris, Parke & Barnes; Chapter social event held in the University Callahan, Frazier, Dame & Doherty; Martin J. Khwan '5 l, with Ives, Kirwan Club was attended by (from left) William M. Daniel C Cassidy, Paterson & Taggart; & Dibble; law partners William W Luc Wilson, Jr. '76, chapter fund-raising Robert H. Keefe, private practitioner; '64 and Dennis G. Merenbach '64; Alice chairman, Dean Frederick J. Lower, Jr. '64, and James Paul Lower, Hanna & T. Merenbach '66 of Merenbach & and Thomas P. Anderle '64, president of the Morton. Patison; and attorneys at law Eugene J. Santa Barbma chapter. Flynn '58, M. Carmen Ramirez '74, Ana I. Segura '77, and William M. Wilson, Jr. '76. 16 fund-raising activities on behalf of the chapters which meet their goals, it is Alumni Chapter Leader Law School through The Advocates, necessary to gain the involvement of as ship Changes Announced Loyola's annual support group. many alumni as possible. Then, each However, these chapters depend chapter's activities can be delegated and Loyola Law School has recently on alumni interest and participation to shared for the collective benefit of all reorganized the leadership of some of achieve the effective involvement members. The Law School will its 18 regional Alumni Chapters necessary for the advancement of continue to provide guidance and established throughout California in Loyola Law School. secretarial support. order to increase involvement of the Each Alumni Chapter is organized If you are called upon to volunteer approximately 80 percent of Loyola's with a leadership group of volunteers some of your valuable time to help with 4,600 alumni who reside in the state. consisting of a president who serves as chapter programs, please give the The purpose of the Alumni Chapters the primary contact with the Law request your thoughtful consideration is to foster a strong working School and oversees the chapter steering and an enthusiastic and affirmative relationship between Loyola graduates committee. Also included on the response. If you would like to volunteer and their Law School, and to promote steering committee are a chapter your time now to assist your chapter in closer personal and professional secretary who functions as the one of its activities, simply drop a note contacts among alumni. informational liaison between the in the reply envelope provided with the Goals of each chapter are to hold an membership and the Law School; a Loyola Lawyer, or call your chapter annual social or educational event fund-raising chairperson who organizes president. which would provide the opportunity and coordinates the annual giving Following is an updated roster of for the Law School Dean to meet with efforts within each chapter, including a chapter presidents. chapter members, to serve in a liaison phone-a-than; and the event chairperson capacity by increasing the regular flow who plans and organizes the annual of information between the Law School chapter social or educational activity. and the chapter, and to conduct To develop and insure active alumni Alumni Chapter Los Angeles San Francisco/Sacramento Mark P. Robinson '50 john L. Carr '59 Presidents Robinson & Robinson United Financial Corporation 888 W Sixth St., 11th Floor 700 Market Street Brentwood/Westwood/Beverly Hills Los Angeles, Ca. 90017 San Francisco, Ca. 94102 Claire Van Dam 73 (213)485-1798 (415)772-1468 Swerdlow, Glikbarg & Shimer 9601 Wilshire Blvd., Suite 544 Orange County Santa Barbara Beverly Hills, Ca. 90210 John C. Gamble '71 and Thomas P. Anderle '64 (213)274-8045 David C. Grant '72 1114 State St., Suite 300 ·Allen, Matkins, Leek, Gamble SantaBarbara, Ca. 93101 Central Coast &Mallory (805)963-3826 William A. Herreras '66 4299 MacArthur Blvd., Suite 105 Ghitterman, Eskin, Schweitzer Newport Beach, Ca. 92660 South Bay &Herreras (714)752-1721 Michael E. Gleason '63 and 1264 Hiaguerra Craig Edgecumbe '72 San Luis Obispo, Ca. 93401 Pacific Palisades/Santa Monica Barrett, Stearns, Collins, Gleason (805)541-3800 HenryK. Workman '56 &Kinney Thorpe, Sullivan, Workman, Thorpe 21515 Hawthorne Blvd., Suite 1150 Central Valley & O'Sullivan Torrance, Ca. 90503 Marshall H. jacobson '73 800 Wilshire Blvd., 4th Floor (213) 540-2020 Jacobson & Gianquinto Los Angeles, Ca. 90017 214 H Street (213)680-9940 Ventura/Oxnard Bakersfield, Ca. 93004 (to be announced) (805) 327-7325 Palos Verdes Robert C. Haase, Jr. '56 West San Fernando Valley East San Gabriel Valley Haase & Heinemann Vincent W Thorpe '59 john J. McCue '48 707 Wilshire Blvd. Thorpe, Sullivan, Workman, Thorpe Miller & Mautino Los Angeles, Ca. 90017 & O'Sullivan Bank of America Building (213)625-3500 800 Wilshire Blvd. 13006 East Philadelphia St. Los Angeles, Ca. 90017 WhittieJ; Ca. 90601 Riverside/San Bernardino (213) 680-9940 (213)698-9575 Philip B. Wagner '57 141 N. Arrowhead Ave., Suite 4 West San Gabriel Valley East San Fernando Valley San Bernardino, Ca. 92408 John H. Brink '57 Benjamin Felton '60 (714)889-1438 Irsfeld, Irsfeld & Younger 15233 Ventura Blvd., Suite 706 7060 Hollywood Blvd., Suite lOll Sherman Oaks, Ca. 91403 San Diego Los Angeles, Ca. 90028 (213)788-2161 David E. Monahan '66 (213)446-4161 Gray, Cary, Ames & Fry Long Beach/San Pedro 2100 Union Bank Building Bebette Gualano Coleman '56 (to be announced) San Diego, Ca. 92101 900 Singing Wood Drive (714) 236-1661 Arcadia, Ca. 91006 (213)681-9116 17 Miller & Carlson where Bob had been made a partner just prior to his death in February; 1978. Anyone wishing to make a contribution can do so by enclosing a check, made payable to Loyola Law School-Lynch Memorial Fund, in the reply envelope provided with the Loyola Lawyer All gifts to this memorial fund are tax deductible as provided by law. Those, to date, who have given to the Robert D. Lynch Memorial Scholarship are: Allan L. Alexander Coe A. Bloomberg '72 William J. Bogaard Theodore E. Calleton Mr. and Mrs. Robert Caniglia Mr. and Mrs. Robert E. Carlson Mr. and Mrs. Richard M. Clark Ronald K. L. Collins '75 Ralph W.Dau Mr. and Mrs. Michael Dennis (Patricia 73) Peter L. Eppinga Donovan Fellows- Members of the Loyola Law School Donovan Fellows support group William A. Finer '72 attending the annual donor recognition dinner held November 1 included (from left) James J. Owen G. Fiore '61 McCarthy '61, Frederick J. Lower, Jr. '64, JamesN. KenealYi Jr. '51, Godfrey Isaac '51, Thomas E. John C. Gamble '71 Garcin '52, and the Hon. Ross Gene Tharp '52. Donald L. Gerecht '70 David H. Goldberg '76 Haig Goshgarian '72 Mr. and Mrs. Kent V Graham '69 M. Louise Eason David C. Grant '72 Donovan Fellows Feted Thomas E. Garcin '52 Linda B. Greenberg 77 at Annual Banquet Carl M. Gould '42 Mr. and Mrs. Kenneth C. Higgins Stafford R. Grady Marc S. Hurwitz '72 Walter P. )itner '71 John and Paula Meehan, Regents of W. Montgomery Jones '52 Patrick S. Lynch '66 Deane F. Johnson Loyola Marymount University:. hosted a Hugh L. Macneil '48 Mr. and Mrs. Dennis A. Kendig dinner in their home on November l James J. McCarthy '61 Jean A. Kennedy honoring the University's major Robert Nibley '42 Richard E. Llewellyn II '72 benefactors during 1977-78. Recognized Jack M. Ostrow '48 FrederickJ. Lower, Jr. '64 on this occasion were Joseph J. Donovan Han. Mariana R. Pfaelzer Patrick S. Lynch '66 Fellows of Loyola Law School, as well as Raymond A. Rodeno James D. Madison 72 Members and Friends of LMU and the Martin Stone '51 Perry E. Maguire Hon. Ross Gene Tharp '52 Gavin Miller Los Angelenos de la Lorna support Robert L. Pike '72 groups. Membership in these groups Maynard ). Toll Theodore A. Von der Ahe '31 (in memoriam) Carl G. Phelps is achieved by annual contributions Clement F. Von Lunenschloss '42 Mr. and Mrs. Robert Pisano of $1,000 or more. Arthur B. Willis '42 Mark P. Robinson, Jr. '72 During the cocktail hour, guests were Agnew, Miller & Carlson Patrick G. Rogan '72 invited to tour the house and grounds of O'Melveny & Myers Richard R. Rogan the former Elvis Presley estate in Western State University Foundation Larry D. Rosenberg 73 Holmby Hills. Following a multi-course Mr. and Mrs. Morton M. Rosenfeld Mandarin and Cantonese dinner, Law john L. Ryan '72 Special tribute was paid to Mr. and ~chaelM.Sachs School Dean Frederick J. Lower, Jr. '64 Mrs. Wilfred L. Von der Ahe '33 in James V. Selna introduced the new Donovan Fellows, recognition of many years of Mark R. Steinberg and Regent Kenneth Olsen introduced outstanding service and generosity to William J. Sulentor '72 new Los Angelenos members, as LMU the University. Job Taylor President Rev. Donald P. Merrifield, S.)., Entertainment was provided by the Rolf M. Treu '7 4 presented each with a traditional LMU student Grupo Folklorico, dressed Michael V Volhner '72 engraved medallion. in the costumes of the regions, who Mr. and Mrs. Steven 0. Weise New Donovan Fellows honored from William R. Weisman '73 performed dances from Guadalajara and Stauley M. Williams '73 both The Advocates and Other Law Mazatlan. School Gifts were: David C. Wright '72 H.H. Sheikh Shams Aldein Al-Fassi Agnew, Miller & Carlson John E. Anderson '50 Robert Lynch Memorial F & B Distributors, Incorporated Theodore A. Bruinsma Kent Warehouse, Incorporated Sy R. Cohen '62 Scholarship Gifts $35,000 Loyola Law School Alumni Association Olwine, ConnellYi Chase, O'Donnell & Since the fall issue of the Loyola Weyer Lawyer, contributions and pledges to O'Melveny & Myers the Robert D. Lynch Memorial Sheehan, Phinney, Ross & Green Scholarship have grown to $34,186. Gifts have been received from alumni, other individual friends, and from several law firms, including Agnew, 18 Placement Survey Shows Survey Results-Class of 1977 100% Employment A Loyola Placement office survey has No. of Graduates ...... 364 found a 100% employment pattern Graduates Identified ...... 262 among recent Law School graduates. Graduates Unlocated ...... 102 This is very encouraging and reflective Graduates Employed ...... 252 of the Law School's career placement efforts on behalf of our alumni. The Graduates Identified as Unemployed Loyola Law School Placement Center offers a complete range of professional Graduates Not Yet Passed Bar ...... 4 placement services to assist legal Graduates Not Seeking Employment 5 employers, including on-campus recruiting interviews and informational Employment Patterns ...... Base Number 253 . ' .... 100% presentations about your firm to Loyola students, processing of resumes and Private Practice ...... 176 ...... 70% direct applications, coordinating law Solo ...... 38 ...... (22%) clerk openings, referrals for alumni to Smal1Firm(1-5) ...... 50 ...... (28%) job opportunities, and individualized MediumFirm(6-15) ...... 60 ...... (34%) assistance. Law firm personnel LargeFirm(Over IS) ...... 31 ...... (16%) recruiters interested in meeting with Government Practice ...... 26 ...... 10% Loyola students are encouraged to Federal ...... 6 (23%) ...... contact the Placement Center at (213) State ...... 7 ...... (27%) 642-2955 . Local ...... 13 ...... (50%) Corporate Counsel ...... 20 ...... 8% CPA Firms...... 5 .. ' ... 2% Public Interest Firms ...... 5 ...... 2% CIE Program to Offer Legal Services ...... 2 ...... 8% Judicial Clerkship ...... I ...... 4% Timely Courses Military ...... 3 ...... 1.2% Teaching...... 2 ...... 8% The Loyola Continuing Legal Education Graduate School...... 2 ...... 8% program will be offering tluee courses Legal Writing...... I . ' .... .4% for Spring 1979. These courses of timely Satisfactorily Employed in Non-Legal Pos...... 6 . ' .... 2.4% and growing concern to the practicing bar were selected in response to alumni interest questionnaires, according to Professor William G. Coskran '59, chairman of the CLE Committee. Calendar of Events A course on 1'Civil Trial Advocacy" will be conducted by Thomas V. Girardi March 3 27th Annual Scott Moot Court '64, Loyola adjunct professor and 3 Energy and Environment Competition partner in the Los Angeles firm of Symposium Final Round Arguments before Sponsored by the Environmental Han. Stanley Mosk and a panel of Girardi & Keese. He will be joined by an Law Society presiding judges outstanding panel of experienced trial Loyola Law School, 10 a.m. to Loyola Law School, 3 to 6 p.m. practitioners. 4 p.m. 4 South Bay Alumni Chapter Annual A course on the substantive, 8 Alumni Association Board of Event procedural, and practical aspects of Governors meeting 6 Riverside/San Bernardino Alumni various "Real Property Litigation" will Loyola Law School, 5 p.m. Chapter Annual Event be given by Allan E. Wilion, an 8-9 fessup Moot Court Competition 24 f. Rex Dibble Testimonial experienced property litigator with the lO "Libel eY Slander Nite -A Law Luncheon Los Angeles law finn of Boren, Howard, Revue" Dorothy Chandler Pavilion {Music Presented by the Student Bar Sloan & Brickman. Center), noon 1 Association May ' Tax Aspects of Divorce and Inglewood High School auditorium, 10 Board of Governors meeting Separation" is the topic to be presented 8 p.m. Loyola Law School, 5 p.m. by Loyola Professor J. Timothy Philipps. 15 West San Gabriel Valley Alumni 11 Palos Verdes Alumni Chapter Six two-hour sessions will cover federal Chapter Event Annual Event tax problems, with an emphasis on tax Brookside Clubhouse Restaurant, June planning tluougli anticipating and 6:30p.m. 3 Loyola Law School resolving problems likely to arise on 23 Annual Alumni/Advocates Dinner Commencement Ceremonies Dance dissolution of marriage. Loyola Marymount University, All CLE courses will be conducted at Beverly Wilshire Hotel, 6:30 p.m. 11 a.m. to 3 p.m. 29 Career Planning Seminar Loyola Law School beginning in April. Sponsored by the Alumni For further information on tuition, Association dates, times, and course materials Loyola Law School, 5:30 to consnlt the Loyola CLE brochure 7:30p.m. mailed in March to all Southern April California attorneys, or call Ms. Joan P. 1 St. Thomas More Law Honor For further information, contact the Profant, director of Placement and Society Breakfast Continuing Legal Education, at (213) Los Angeles Athletic Club, Alumni/Public Relations Office at {213) 11:00 a.m. 642-3549 or 3550 642-2955. 19 Legal Briefs County on "How to Lose 1538.5 Motions California Usury Laws" to the Los Angeles 1930's without Really Trying." Hon. Robert C. Todd County Bai Association, Business and Hon. Thomas E. McCarry '33 concluded '57, Superior Court Judge, addressed the Corporation Law Section, Real Property more than 10 years on the Los Angeles Orange County Barristers on "Family Law." Section. He was also a speaker at a seminar Superior Court when he retired on his 70th Hon. James S. Yip '58 was sworn in as a Los on "Acquisition of Commercial Property" for birthday in july 1978. Angeles Municipal Court Judge. Norman E. the Association of Real Estate Attorneys. Stolba '58 was installed as f:il:st Gerald M. Singer '68 conducted a lecture on vice-president of the Southwest Los Angeles "Care & Feeding of Clients" at the 44th Bar Association. Thomas R. Breslin '59 was Semi-Annual Orientation Program of the 1940's installed as president of the Glendale Bar Law School Bridging the Gap Program. Major Hon. Thomas C. Murphy'40, Superior Court Association for 1978-79. Hon. Francis X. H. Patrick Sweeney '68, former legislative Judge, spoke to the Burbank Bar Association Marnell '50, Superior Court Judge, spoke on liaison for the office of the Secretary of the on "Everything You Always Wanted to Ask a "Avoiding the Evidence Code -or-Through Air Force, has been named to the office of the Judge, But Were Afraid to Ask." He was also the Back Door," to the Lawyers Club of Los Assistant to the Secretary of Defense for the featured speaker at the 30th birthday Angeles County. Legislative Affairs. Walter R. Zech '68 of the party of the San Fernando Valley Legal Orange County Public Defender's Office, Secretaries Association. Hon. Albert M. Felix spoke on ''People v. Drew" to the Orange '47 of Hilo, Hawaii, succumbed to a heart County Bar Association, Criminal Law attack on September 9. Hon. Otto M. Kaus 1960's Section. J. Douglas C. Barr '69 opened a law '49, State Court of Appeals, spoke on "Legal Dewitt W. Clinton '61 spoke on "Coping office in Bumey, Ca. Roger W. Blakely, Jr. '69 Malpractice" to the Lawyers' Club of Los with Proposition 13" at a Los Angeles spoke on "Business Names-Protection and Angeles County, lectured on current County Bar Association meeting. Lawrence Procedure" to the Beverly Hills Bai problems in criminal evidence at a California W. Crispo '61 was installed as vice-president Association. Kenneth L. Chotiner '69 was Continuing Education of the Bar program, of the Wilshire Bar Association. John A. elected president of the Santa Monica Bay and spoke on "How to Make Clients Happy Howard '62 was elected president of the District Bar Association Board of Trustees. - Wmning Techniques in Trial and on Burbank Bar Association for 1978-79. Robert Fred J. DiBernardo '69 was appointed to a Appeal" at a Beverly Hills Bar Association M. Marshall'62 of Taecker, Marshall & four-year term on the California Federal luncheon. He also attended the 46th annual Neuhoff, moved to offices in Brentwood from Selection Commission. Patrick J. Duffy, III meeting of the California Judges Association Westwood. Richard A. Dawson '63 spoke on '69, paitner in the law firm of.Monteleone and discussed recent opinions which have "Business License Taxes and Ordinances and McCrory; was installed as vice-president had significant judicial fallout at a seminar Since Proposition 13" to the Los Angeles of the Loyola Marymount University Alumni titled "Appellate Super Novas II." County Bar Association, Taxation Section. Association. Larry R. Feldman '69 spoke on Robert K. Steinberg '62 spoke to the Los "How to Cross-examine a Defense Doctor" Angeles Trial Lawyers Association on to the Los Angeles Trial Lawyers "Techniques: The Dynamic Opening Association, was elected treasurer of the 1950's Statement." Frederick J. Lower, Jr. '64, Dean Association for 1979, and also discussed William A. Kurlander '50, partner in the firm of Loyola Law School, addressed the Federal damages under railroad law at the of Kurlander & Hix, San Marino, was elected Bar Association, Los Angeles Chapter, on Association of Trial Lawyers of America to the State Bar of California Board of "Alienation in an Institutionalized Society: conference. Steven L. Houston '69 spoke on Governors. Hon. Manuel L. Real'51, U.S. Check Your Guns at the Door." Robert L. "LaOOr Relations Problems Arising Out of District Court, was a panelist in a discussion Charbonneau '65 was elected a Proposition 13" to the Los Angeles County on "Techniques for Efficient and Speedy vice-president of the 1979 California Trial Bar Association, Labor Law Section. Handling of Business Litigation: Views hom Lawyers Association. Thomas S. Gallagher the Bench and Bar" at a meeting of the '65 spoke on "How to File a 706 With No Association of Business Trial Lawyers. John Questions Asked" to the San Diego County S. Malone '52 retired from his position as Bar Association. Thomas J. Kelley, Jr. '66 1970's State Bar Secretary. Hon. Milton L. Most '52, completed a 10-kilometer race along the JeffreyS. Neisen '70 was named chief of the Superior Court Commissione:t:, spoke on Venice and Marina del Mar beachfront in 42 Tax Division, Office of the U.S. Attorney, "Child Support and Custody" at a meeting of minutes, 30 seconds. Hon. Richard Mednick, Northern District of California and also the Lawyers' Club of Los Angeles County. Federal Bankruptcy Judge, spoke on appointed special assistant to the U.S. Hon. August J. Goebel '54, Superior Court "Bankruptcy" at the Lawyers' Club of Los Attorney for the Central District of Judge, in a speech titled "How to Irritate a Angeles County. Lola McAlpin~Grant '67, California to handle selected tax related Judge," called upon court reporters to curb Assistant Dean of Loyola Law School, matters. Kenneth R. Warner '70 announced excessive individuality and other techniques presented certificates of honor to minority the formation of Friedman & Warner in for improving the team role of reporters at women law school graduates at a NAACP Thousand Oaks. Elizabeth Y. Williams '70 the National Shorthand Reporters Legal Defense Fund reception. Hon. Madge S. spoke on the subject of credit to the Orange Association convention. Milton Feinerman Watai '67 was sworn in as a Los Angeles County Women Lawyers. Herbert F. Blanck '56 was appointed president of the Federal Municipal Court Judge. Delores R. Bauer '68 '71 was elected treasurer of the San Fernando Home Loan Bank of San Francisco. Irving A. opened her law office in Pomona. Hon. Paul Valley Bar Association. Robert A. Donath '72 Kanarek '56 spoke to the Beverly Hills Legal I. Metzler '68 was elected to the Los Angeles opened offices in the Monex International Secretaries Association on the various Municipal Court, Los Angeles Judicial Building, Newport Beach. Alexandra Leichter criminal procedures involved in the Charles District. Curtis W. Morris '68 won a '72 was the featured speaker in a mock trial Manson trial. Hon. Dion G. Morrow '57 hole-in-one worth $2,500 at the annual golf in the orientation program "Bridging the spoke to the Lawyer's Club of Los Angeles tournament of the Eastern Bar Association of Gap. 11 Michael C. Mitchell '72 had an article Los Angeles County. Laurence G. Preble '68 published in the December issue of the Los spoke on "Recent Developments in the 20 Angeles Lawyer called "The Equitable marry Robert C. Masino '75 in July, 1979. Seitz '76 has been appointed to teach Conversion Trap." Mark P. Robinson, Jt. '72 Michael S. McDaniel '75 opened his new Business Law at Marymount Palos Verdes spoke on "Discovery in Personal Injury office of Sterling&. Countryman on Wilshire College. Dean W. Drulias '77 co-authored an Practice- Use and Abuse" to the Orange Blvd. Bruce H. Robinson '75 was appointed article called "The Equitable Conversion County Trial Lawyers Secretaries; to the position of Deputy Public Defender in Trap: A Matter of Economics" in the participated in a panel discussion on punitive the Riverside County Public Defender's December 1978 issue of the Los Angeles damages at the American Board of Trial Office. Leon Small '75 was installed as a Lawyer. Brenda L. Green '77 opened her law Advocates meeting held in conjunction with member of the Board of Directors of the office in Century City. Linda B. Greenberg the California State Bar Convention, and Wilshire Bar Association. Meredith C. 'Th.ylor '77 has been appointed as a deputy district spoke on settling clients' claims at a Law '75, former staff attorney for U.S. Small attorney for Los Angeles and was assigned to School "Bridging the Gap" Practice. Patrick J. Business Administration, has opened her law Beverly Hills. Michael S. Harris '77 opened Hegarty '73 was installed as treasurer of the office in Northridge. Donna B. Weisz '75 was his law office in Marina del Rey. Ted M. Foothill Bar Associaticm for 1978-79. Gloria named assistant to Robert J. Sherwin '74 for Handel '78 has been accepted as B. Allred '74 discussed her career and family the L.A. City Attorney's Office, Criminal counselilobbyist for the Administration life in a Los Angeles Times "Home Branch. Lee B. Ackerman '76 and two other Office of the U.S. Supreme Court under Magazine" article; spoke at a "Celebration of partners in the firm of Leeds, Ackerman, Justice Warren Burger. Dallas W. Johnson '78 the Achievements of Women" conference at Welter & Schubert drafted a Senate Bill for completed the Lawyer's Military Justice UCLA; participated in a debate with introduction by State Senator Alan Sieroty, Course of the U.S. Navy and is a Marine Congressman Robert K. Doman (R-27th Cal.) which delineates a procedure for the Captain. Gary E. Knell '78 was named on the Loyola Marymount University registration of acupuncture and authorizes consultant to the U.S. Senate subcommittee campus, and is currently president of the Los the collection of fees. Lewis S. Feldman '76 on Intergovernmental Affairs. Lynda E. Angeles chapter of the National Organization and Lesie J. Shaw '76 formed a partnership Rothholz '78 was awarded a scholarship for of Women (NOW). Steven J. Dzida '74 joined under the firm name of Feldman, Shaw & outstanding scholastic achievements in the the Newport office of the firm of Fulop, King in South Lake Tahoe. John Kirsch '76 is field of family law hom the Family Law Rolston, Bums & McKittrick after the senior editor of New West magazine. Section of the Los Angeles County Bar completing four years of active duty in the Donald Peckner '76 announced the opening Association. Floyd J. Siegal '78 has opened U.S. Air Force. Robert B. Charbonneau '74 of his law office in Beverly Hills. Richard F. offices at the AVCO Center on Wilshire Blvd. spoke on "Pretrial Jury Preparation" to the Orange County Legal Secretaries. Fred W. Gabourie, Jt. '74 conducted a seminar on legislative changes affecting the courts Legal Briefs Reply Form sponsored by the Municipal Court Judges' Association. Evanne L. Levin '74 became We are seeking information regarding your significant academic per~ associated with Mason & Sloane. Gary M. 1 sonal professional or community activities for inclusion in upcoming Paul '74 was elected to the Los Angeles Trial 1 issues of the Loyola Lawyer. Items of interest include (but are not lim Lawyers Association Board of Governors and ited to) presentation of a speech or paper, honors awards promotions, spoke on "How to Open, Handle & Close a 1 1 Personal Injury Case" to the Los Angeles authorship of a book or article1 new organization/committee assign 1hal Lawyers Association. Joseph Posner '74 ments, marriage1 births, or other items of general interest to our authored an article in the January '79 Los alumni. We appreciate your returning this form in the enclosed reply Angeles Lawyer on the liability of physicians envelope. for negligent medical reports. George Rosenberg '74 spoke on "The Discretion of the District Director" to the Los Angeles Name and Class Year County Bar Association. Robert J. Sherwin '74 was named supervising attorney for the Firm or Business Title Hill Street Division of the Criminal branch News/Information of the Los Angeles City Attorney's office. James C. Aile '75 has moved to Grosse Pointe, Michigan from Manhattan Beach. Ronald K. L. Collins '75 has accepted a teaching fellowship at Stanford Law School for 1979-80 and was also the editor of "Constitutional Government in America" (Carolina Academic Press, 1979) and coauthor of "Interrogational Rights: Reflections on Miranda v. Arizona," 52 Southern California Law Review 1 {1979). JohnK. C. Mah '75 has left Los Angeles Mayor Tom Bradley's staff and United Way, Inc.; he now practices law at the World Trade Center. Sharon L. Mason '75 joined The Bekins Co. as associate counsel and will 21 Loyola will be visited prior to the end of the current academic year. In conjunction with the two-day study, students, alumni and faculty may be requested to complete confidential questionnaires. Professor Evaluating Economic Utigation Loyola Professor John T. McDermott has received a grant of $9,975 from the U.S. Department of Justice to evaluate the Economic Litigation Pilot Project rules limiting discovery in Superior Court cases. The professor, working in conjunction with Hon. August J. Goebel '54 and two student research assistants, will International Study- Sydney, Australia and Madrid, Spain will be the destinations for determine if the rules could be students enrolling in Loyola's new International Law Study Programs in Summer 1979. effectively utilized in similar Federal Court litigation, evaluate the impact on actual trials, and the identification of Summer International Sassella, Macquarie University School types of cases most effectively handled of Law. under E.L.P. rules. Law Programs Initiated Course offerings in Madrid include Courts involved in this project are the by Loyola Law School International Human Rights, Los Angeles Superior Court, Southwest Comparative Constitutional Law, District; Fresno Superior Court; and the International Law Study Programs in International Law, Comparative Law, U.S. District Court for the Central Sydney, Australia and Madrid, Spain Independent Study, and a non-credit District of California. have been inaugurated by Loyola Law course in Survival Spanish. The one-year project, sponsored by School for Summer 1979. In Sydney, the curriculum will be the Office for Improvements in the The programs will be conducted at Clinical Internships, Comparative Administration of Justice, will conclude Macquarie University in Sydney; and at Conflict of Laws, International Business in September. The International Institute in Madrid Transactions, International Law, and from June 25 through August 4. Roman-Dutch Law. Enrollment is open to all interested law A median tuition range of $100 per students who have completed at least semester unit has been established on a Law Ubra:ry Designated one year of legal education at any sliding fee scale based upon the number as U.S. Depository American Bar Association accredited of units taken. Students enrolling in the law school, and to members of the legal programs will be responsible for air The Loyola Law Library has been profession. fare/travel arrangements, lodging, books selected by the United States Up to 8 semester units of credit will and living costs. Government Printing Office to join the be offered in an International and Further information and application national Depository Library System. Comparative Law curriculum to be forms are available by request using the This designation enables Loyola to taught by a prominent international enclosed reply envelope. acquire gratis federal documents which faculty. Visits to courts and Parliament, were formerly purchased for the library discussions with members of the collection. international Bench and Bat;. low-cost While some of the cost savings will be lodging, and extended weekends to Loyola is Subject of offset by increased administrative explore and enjoy cultural interests will Educational Survey handling of the documents, the net be featured in the programs. effect will result in more budget The faculty for the Madrid program is Loyola Law School's evening division is availability for a wider variety of books. composed of Distinguished Visiting slated for intensive study by the Many of the publications selected are Professor of Law, The Honorable Frank American Association of Law Schools as reduced to microfilm which also results C. Newman, associate justice of the a follow-up to the KELSO Report, the in considerable savings of internal California Supreme Court; Dr. Juan Jose "AALS Study of Part-Time Legal library space. Solozabel Echavarria, University of Education: Final Report (Washington, Volumes to be secured include U.S. Madrid School of Law; and Professors 1972)." Supreme Court Reports, Statutes at Harry S. Laugbran and Robert Benson of Professors E. Gordon Gee of Brigham Large, the Official U.S. Code, the Code Loyola Law School. Young University and Martin Frey of of Federal Regulations, and various The Sydney faculty consists of Dr. the University of Tulsa Law School have government agency reports. L.J.M. Cooray, senior lecturer, been awarded a grant from the AALS to The Loyola Law Library collection Macquarie University; Professor G. C. conduct the survey, comparing has now grown to over 205,800 volumes Garbesi, Loyola Law School; Professor effectiveness of part-time and full-time and microforms which places it second P.E. Nygh, Head of the School of Law, legal study. In addition to reviewing in size among private California law Macquarie University; and Mr. Michael statistical data, the professors have schools and fourth among all ABA identified ten representative law accredited law schools in the state. schools throughout the country to visit for further study. 22 I r("'?'"~ ! Tax Seminar- Loyola adjunct professor of law Owen G. Fiore '61 presented a series of comprehensive Tax and Estate Planning seminars at the LMU campus in November attended by University and Law School advisory board members. Talk Show-Loyola Law School was featured in a public service television program titled "On Campus" broadcast in November by KNBC-4 Los Angeles. The informative interview sessions focused on the history, curriculum, clinical education, the Law Review, career placement, student and alumni activities. Faculty, administration, student and alumni representatives participated in panel discussions supplemented by film of the Law School. Shown taping their panel segment are (from left) Gonzalo Freixes '79, Evening Student Bar Association president; Alan Bail '79, Day SBA president; Lola McAlpin-Grant '67, assistant dean; Dean Frederick Lower, Jr. '64; and George Fenneman, program host. According to the show's produce:r; the Loyola program generated the most public response and interest ever received during several years of "On Campus" programming. New Staff- Michiko M. Yamamoto was appointed in August, 1978 as the new Director of Admissions for Loyola Law SchooL In this position, she is responsible for implementing both regular and special admissions programs in conjunction with the faculty admissions committee, for coordinating an intensive student recruitment process, reviewing applications, and general administrative duties. Ms. Yamamoto earned a B.A. degree in Sociology Professor's Dinner- Conversing at the from CSU Northridge in 1970, and is the annual Professor's Dinner held January 13 former admissions director at UCLA School were (from left) Harry N. Zavos '70, John T. First Down, Three to Go- Pat Haden '83, of Law. McDermott, Jordan A Dreifus and spouses. quarterback for the Los Angeles Rams The dinner, sponsored by the Loyola Law football team, is completing his first year of Student's Partners Association, was held at study in the evening division at Loyola Law the Westwood home of Leonard MandelL SchooL The USC graduate and Rhodes Scholar enrolled here because the four-year accredited program afforded him the opportunity to pass the Bar and pass the Ball simultaneously. Sports Day-The Law School "Legal Eagles" squad competed in the first annual Guyana- Attorney Charles Garry discussed intramural Sports Day last November against Corporate Counsel - Professor Susan W. his experiences during events leading to the teams representing the LMU undergraduate Liebeler (left), David Pasternak '76, from the infamous Jonestown, Guyana mass suicide colleges. Law students and faculty won first California Department of Corporations, and with Loyola students recently in a lectu;re place in the softball tournament behind the Steve Peden, private practitioner, spoke to sponsored by the California Attorneys for power hitting of Professor Steve (The Stick) Loyola students in January regarding the Criminal Justice. GariYi co-counsel for the Hirschstick (above}, and were also very jurisdiction of the Commissioner of People's Temple with Mark Lane, was competitive in basketball, volleyball, Corporations, state corporate securities laws, present in Jonestown immediately prior to and the franchise investment laws. the tragic events. tug-o-war, swimming and track events. 23 Faculty Fon1m DanielL. Stewart '70 was recently elected law office operation and practice in January chairman of the five-member South Coast at the County Courthouse. This program, Air Quality Management District Hearing jo:intly sponsored by the County Bar and the Board for a one-year term of office. L.A. Daily Journal, is aimed at newly-admitted attorneys. William G. Tucker '56, adjunct professor, recently participated in a Southern California Owen G. Fiore '61, adjunct professor, was a Continuing Education of the Bar seminar. faculty member of the 1978 AU-ABA Estate The program involved products liability. Planning in Depth Course presented at the pleading, practices and proof as particularly University of Wisconsin Law School. He was affected by the recent Supreme Court also on the faculty of the N.Y.U. Institute on decisions in Barker v. Lull, Dalyv. General Federal Taxation where he presented the Motors, andNestkart v. Safeway Stores. He subject "Value and Asset Shifting was also selected by the New York Law Opportunities in Estate Planning." In January Joumal to serve on the faculty presenting a 1980 he will be a speaker at the Estate program on aviation accident litigation in Planning Institute sponsored by the Professor J. Rex Dibble Los Angeles. University of Miami School of Law. Retires; Testimonial William G. Coskran '59 was a speaker at the Susan W. Liebeler attended an invitational Luncheon Planned regional meeting of the Self-Service Storage "Freedom of Contract Conference" last Association. His topic concerned legal October in San Diego which examined the After a career spanning more than 41 years as problems faced by the "mini-warehouse" factual and philosophical presumptions a member of the Loyola Law School faculty, storage industry. behind the present restrictions on freedom of which also included seven years as Dean, J. contract within an inter-disciplinary context. Rex Dibble retired in January at the David C. Tunick, acting professor, is a conclusion of the Fall semester, and has been member of the West Coast Conference Gideon Kanner spoke at two ALI-ABA accorded the title of Professor Emeritus by Planning Committee of the Computer Law seminars in Coronado during January. The the Law School. Association which held its annual West topics were "The Compensation Issue: The To properly recognize Professor Dibble for Coast conference on January 25 in Los Liability of Governments and their his outstanding contributions to legal Angeles. Employees in Damages for Planning and education at Loyola, a luncheon will be held Land Use Controls," and on "State and Local on April24 in the Dorothy Chandler Pavilion Joel I. Edelman, adjunct professor, is director Taxation as a Land Use Control." of the Los Angeles Music Center. of the recently-opened Neighborhood Justice All Loyola Law School alumni, the vast Center in the West Los Angeles area. The Steven Hirschtick solely conducted an all majority of whom were beneficiaries of center is funded by the U.S. Department of day seminat: for attorneys regarding Deferred Professor Dibble's teaching since he started Justice and operates as a demonstration Compensation and ERISA sponsored by the at Loyola in 1937, will receive an invitation program in mediating family, consumer, National Practice Institute and held January to the testimonial luncheon. tenant and other interpersonal disputes using 13 at the Century Plaza Hotel. Professor Professor Dibble received his B.S. degree skilled community mediators as an Hirschtick also recently earned his private hom Utah State Agricultural College in alternative to court adjudication. pilot's license from the Federal Aviation 1932, and earned his LL.B. from Stanford Law Administration. School in 1936. General law practice in Michael M. Berger, adjunct professor, California from 1936 through 1960 paralleled attended an AALS seminar in Chicago last 'Itavis H.D. Lewin, visiting professor of law, his teaching career at Loyola which began January and responded to a panel discussion recently completed a new 255-page with his appointment as an Adjunct on the topic of "Airport Noise Nuisance v. manuscript of course materials on Evidence. Professor of Law in 1937 by the late Rev. Taking," and also served on a panel Joseph J. Donovan, S. J., Law School Regent. presentation exploring "Regulatory or Police Richard W. Havel, adjunct professor of law, Dibble served in the U.S. Anny from Power Takings." participated in a lecture program regat:ding 1942-46, and later associated with the Los Debtors and Creditors Rights for the Angeles law finn of Hill, Fat:rcr & Burrill, Dr. A. Muhsin El~Biali, adjunct professor, has California Continuing Education of the Bar specializing in federal taxation and been appointed as director of the Committee program. constitutional law. In 1959, Dibble was on Religion and Law (CORA) at Harvard Law named Acting Dean of the Law School, and School. He is currently writing a book on Gerald F. Uelmen spoke to criminal lawyers was appointed as the sixth Loyola Dean in Islamic Law under the sponsorship of USC's on the implications of "California's New 1962, a position he held until 1966. During School of Religion. Insanity Test" at a special seminar held his tenure as Dean, he supervised the February 3 in Los Angeles. The panel also construction and transition of the Law Gerald M. Singer '68, adjunct professor, spoke featured Chief Judge David L. Bazelon of the School from its Grand Avenue location to the at the Los Angeles County Bar Association U.S. Court of Appeals for the D.C. Circuit. present Ninth Street campus. "Bridging the Gap" program on the topic of Until his retirement, Professor Dibble has Hon. Richard P. Byrne, adjunct professor of been a full-time faculty member, teaching law, has been assigned by Los Angeles courses in Constitutional Law. Among his County Superior Court Presiding Judge many honors, Dibble received the Loyola Richard Schauer to the position of Presiding Alumni Association Faculty Recognition Judge of the Juvenile Court of Los Angeles Award in 1977. County for 1979. 24 REMEMBER join us at the Annual Loyola Law School Alumni/Advocates Dinner Dance Friday, March 23, 1979 Beverly Wilshire Hotel Please make your reservations now. \lEW MCXI:'J SCHOOL OF LAW 1117 STANFORD URN. ~. ALBUOUFr