FALL 1980 The Law Alumni Journal . UNIVERSITY OF PENNSYLVANIA

------COMMENCEMENT ------1980

CONTENTS 2 Symposium 7 Featured Events Commencement: The Class of 1980 10 Of Joy and Pain in Our Profession by Ambassador Jerome J. Shestack 12 Nontraditional Lifestyles and the Law by Vice-Dean Phyllis W. Beck 18 Pennsylvania Divorce Reform: An Exercise in Turmoil and Compromise by Senator Michael A. O'Pake, '64 23 A Pennsylvania Lawyer Looks at China by Senator Franklin L. Kury, '61 27 Pennsylvania's " Maine" Campus by Professor Louis B. Schwartz 29 The Questionnaire: Results and Comments by Associate Dean and Professor Robert A. Gorman 34 The Faculty 35 Alumni Briefs 39 In Memoriam

The Law Alumni Journal University of Pennsylvania Law School 3400 Chestnut Street, Philadelphia, PA 19104 is published by the Law Alumni Society for its members Volume XVI Number I Fall1980 Editor: Libby S. Harwitz Design and Layout: David Tothero Editorial Assistant: Charna Gerstenhaber Photography Credits : Libby S. Harwitz: Pages 2, 3, 6 Elizabeth H. Kury: Pages 23,24 Bruce D. Rosenblum : Cover and Pages 7, 8, 9 , 10 Professor Louis. B. Schwartz: Page 27

The University of Pennsylvania does not discriminate on the basis of race, color, sex, sexual or affectional preference, age, religion, national or ethnic origin or physical handicap. The University's policy applies to faculty and other employees, applicants for faculty positions and other employment, students and applicants to educational programs and activities.

1 Symposium The New Assistant Dean For Alumni Affairs Alice B. Lonsdorf has been appointed Assistant Dean for Alumni Affairs, replacing Christopher F. Mooney, '78, who left the Law School to become the Academic Vice-President at Fairfield University, Fairfield, Connecticut. Mrs. Lonsdorf is a native of Fort Worth, Texas, and is a graduate of the University of Texas. She came to Philadelphia in 1949 and has been an active participant in a multitude of nonprofit community and charitable organizations, frequently serving as director and trustee on their Boards. Most recently, Alice Lonsdorf was Chair and Director of the Friends of Independence National Historical Park, where she planned and coordinated numerous activities for the city

Assistant Dean Lonsdorf of Philadelphia's 1976 Bicentennial celebration. In addition to her continued activity with that organization, Mrs. Lonsdorf retains her current memberships on the Boards of the Mayor's Century Four Celebration Committee, the Philadelphia Convention and Visitors' Bureau, the Greater Philadelphia Cultural Alliance, and the Philadelphia Museum of Art, Women's Committee. Alice Lonsdorf, in her new position, oversees the various alumni functions and activities which are part of the Alumni Affairs Office. She is also the non-academic advisor and counselor to the forty-seven graduate students who have come to the Law School this year from twenty-six countries. Mrs. Lonsdorf has three sons and one grandchild. Her husband Richard G. Lonsdorf, M.D., is Professor of Clinical Psychiatry at the University of Pennsylvania Medical School and is Assistant Professor of Psychiatry and Law at the Law School.

2 Clerkships 19So-1981

Forty Law School Alumni are presently serving as law clerks to Judges on Federal and State Courts for the year 1980-1981. Thirty- seven of these are graduates of the Class of 1980.

Federal Courts Judith Fabricant (non-matric) Hon. Levin H. Campbell Peter Y. Solmssen ...... Hon. Clarence Newcomer 1st Circuit Eastern District of PA A. Richard Feldman ...... Hon. Henry J. Friendly Curtis E. A. Karnow ('77) . ... Hon. Louis H. Pollak 2nd Circuit Eastern District of PA John Brandow ...... Hon. Irving Kauffman Dorothy A. Malloy ...... Hon. NormaL. Shapiro 2nd Circuit Eastern District of PA Roberta L. Rosenthal ...... Hon. Leonard Garth Ellen L. Surloff ...... Hon. Maurice B. Cahill 3rd Circuit Western District of PA James A. Stirn ...... Hon. John J. Gibbon Martin C. Carlson ...... Hon. Gerald Weber 3rd Circuit Western District of PA Gerald P. McAiinn ('79) ...... Hon. A. Leon Higginbotham 3rd Circuit Joseph L. Seiler ...... Hon. Max Rosenn Pennsylvania Courts 3rd Circuit Frances E. Gerson ...... Hon. Bruce Kauffman Kent A. Mason ...... Hon. Phyllis Kravitch Supreme Court of PA 5th Circuit Christopher W. Brown ...... Hon. Samuel J. Roberts Richard D'Avino ...... Hon. Alvin Rubin Supreme Court of PA 5th Circuit John Snyder ...... Hon. Theodore 0. Rogers Sarah E. McCarty ...... Hon. Boyce C. Martin Commonwealth Court of PA 6th Circuit Sally A. Simmons ...... Hon. Edmund Spaeth, Jr. Kit Kinports ...... Hon. Abner Mikva Superior Court of PA D.C. Circuit Deborah McElroy ('79) ...... Hon. Edward J. Bradley Kenneth S. Kail ...... Hon. Daniel M. Freedman Phila. Court of Common Pleas Court of Claims Vivian Sye-Payne ...... Hon. Doris M. Harris Alvin J. Sarter ...... Hon. Robert Kunzig Phila. Court of Common Pleas Court of Claims Ellen M. Briggs ...... Hon. Judith J. Jamison Margaret A. Alexander ...... Hon. Murray Schwartz Phila. Court of Common Pleas District of Delaware Olena W. Sterchow ...... Hon. Judith J. Jamison Peter J. Lynch ...... Hon. Anne Thompson Phila. Court of Common Pleqs District of New Jersey Martha L. Walfoort ...... Hon. Harry A. Takiff Robert L. Plotz ...... Hon. Edward Weinfeld Phila. Court of Common Pleas Eastern District of N.Y. John Mahoney ...... Hon. Leonard Sugarman David T. Eames ...... Hon. David N. Edelstein Chester Cty. Court of Common Pleas Southern District of N.Y. Michael Maxwell (LL.M.) ..... Hon. Gus I. Soloman District of Oregon Other States Barbara A. McDonnell ...... Hon. Raymond Broderick Stephen M. Lowry ...... Hon. E. M. Gunderson Eastern District of PA Nevada Supreme Court Joseph D. Cohen ...... Hon. James T. Giles Mark L. Mallory ...... New Hampshire Supreme Court Eastern District of PA Deborah Zell ...... Hon. Marvin Aimm Charles F. Forer ...... Hon. Joseph S. Lord, Ill New Jersey Tax Court Eastern District of PA James K. Doane ...... Washington State Court of Appeals

3 The Law Alumni SOciety The Institute for The Louis B. Schwartz Hosts students and Judges Law and Economics International conference Fund The Board of Managers of the The Law School, together with Law Alumni Society, and the University of Pennsylvania The Law School Class of 1955, Philadelphia Common Pleas Faculty of Arts and Sciences, upon the occasion of its 25th Court Judge Doris May Harris, has inaugurated a program Reunion in April 1980, has '49, held the annual Student­ which will serve the two-fold endowed a gift of $25,000 to the Judges reception on November purpose of sponsoring research School, enabling the 13, 1980 at City Hall in in law and economics and will establishment of the Louis B. Philadelphia. enable students the pursuit of a Schwartz International Present at the event were joint degree in each of these Conference Fund. Common Pleas Judges from fields. One goal of the Conference Philadelphia and its four The Institute's prospectus, would be to gather leaders, Law surrounding counties-Bucks, in describing the necessity of School and University faculty, Chester, Delaware and the endeavor, states: "The great prominent local lawyers, and Montgomery. bulk of contemporary law is state and local government The Board of the Law concerned with money and officials for the purpose of Alumni Society sponsors this property and with the discussing problems of annual function in an effort to relationships and transactions international significance. assist law students as they that involve them. Yet, the theory Dean James 0. Freedman make the transition to active of such relationships and expects "that the Law School practitioner. Meeting with the transactions is, of course, would sponsor such a Trial Bench in this informal precisely the domain of conference at regular intervals, manner, offers those students economics. Thus, there is no perhaps every year and certainly seeking judicial clerkships and natural dividing line between every second year. ... Each those Judges seeking law clerks legal theory and economic conference would focus upon a the opportunity to become theory." topic of concern, such as acquainted. As part of the event, Law School Professor international sales agreements, students also were encouraged Henry Hansmann, who has been international control of money to participate in a tour of the appointed to direct the Institute and banking, taxation of foreign City Hall Court facilities, which for a two-year term, is income, the significance of the was provided by a City Hall staff responsible for the coordination common market, · international member. of activities between the Law rules with respect to aliens, or School and FAS in awarding the role of international Latino Law students and/or disapproving research tribunals". Form Association grants. The Institute is governed The Conference honors by an advisory board with Louis B. Schwartz, Benjamin The Latino Law Students and representatives from Franklin and University Alumni of the University of government, business and the Professor of Law. Mr. Schwartz, Pennsylvania have formally legal profession. The core an Alumnus of both the Wharton established the Penn-Latino Law faculty will be composed of and Law Schools of the Alumni Organization (PLLAO). eight professors from the Law University has been a professor The main goal of the new School and from the Faculty of at the Law School for thirty-four organization is to foster Arts and Sciences. years. He has written extensively communication, cooperation and Professor Hansmann in the fields of Criminal Law and solidarity between the Latino expects the Institute to be Antitrust Law, and has law students and Alumni. meaningfully operational by contributed in an advisory William Santiago, '82, 1981. "But," he says, "this year capacity to federal agencies and serves as President of Latino will be spent in fundraising. government committees in these Law Students Association, and Private individual donors have areas. During his career, Mr. Isis Carbajal de Garcia, '79, is already provided $75,000. Funds Schwartz has been visiting the Alumni representative to are also forthcoming from professor at colleges and PLLAO. various foundations and the universities throughout the business community as well." world, and was Director of the

4 National Commission on Reform Have You considered is held every fall, usually during of Federal Criminal Laws. leaching Law? the first week of December, in a The Law School is grateful midwestern city. The AALS to the Class of 1955 for its The Law School has a charges small fees to participate having undertaken the initial substantial and growing number in the Register and the endowment of the Louis B. of Alumni who are teaching in Conference. Professor Reitz Schwartz International law schools across the country. recommends these services as Conference Fund-a fund which Nearly one hundred Alumni are the most efficient medium for serves the two-fold purpose of currently pursuing academic reaching the largest number of enriching both the Law School careers, with more being added prospective employers. The and an understanding of the each year. address of the AALS is Suite law. The Law School makes its 370-0ne Dupont Circle, N.W., service available to any graduate Professor Murray L. Washington, D.C. 20036. who might be interested in Alumni who may be SChwartz Receives considering an academic interested in academic Award of Merit appointment. Professor Curtis R. appointment are strongly Reitz has been the focal point of Murray L. Schwartz, '49, Dean encouraged to contact Professor this service activity in recent Reitz. Many law schools send Emeritus and now Professor at years. He advises persons who U.C.L.A. School of Law, was inquiries to our Faculty about have questions about their prospective teachers. Professor presented the Law Alumni personal circumstances and Society Award of Merit at a Reitz and other members of the maintains an informal Faculty use this file of actively reception given in conjunction clearinghouse to inform law with the American Bar interested Alumni in responding schools about the interest and to those frequent inquiries. Association meetings in availability of Pennsylvania Honolulu, Hawaii this past Professor Reitz noted that a Alumni. current resume and a letter August. Professor Reitz said, of the The Society's Award about the direction of a person's current employment interest are important to enable recognized that Professor opportunities in law teaching: Schwartz's "illustrious career as the Faculty to be as helpful as "There is a major division possible. distinguished Dean, outstanding between full-time and part-time educator and wise counsellor Professor Reitz encourages employment. The latter those interested in law teaching have brought honor to his arrangements tend to be made profession and to his Law to go to one or more law on a year by year basis between schools and express an interest School." judges and practitioners and law Robert Trescher, '37, in teaching there. No one should schools in their immediate feel any constraint about this presided at the reception, Robert geographical areas." Very few direct approach. Years ago, M. Beckman, '56, presented generalizations can be made people were "called to Professor Schwartz with the about part-time opportunities, academe", but it is quite Award, and Former Dean of although Professor Reitz acceptable today for a Penn Law School, Jefferson B. indicated a belief that the prospective teacher to initiate Fordham, offered gracious number of openings for such discussion with a particular comments to the event. teaching will increase during the school. next few years. Full-time academic The Alumni Directory appointments are developed in more established channels. The The 1980 edition of the Law Association of American Law Alumni Directory has taken Schools provides a national longer to prepare than we had marketplace through its Faculty anticipated. Your copy will arrive Appointments Register and a shortly if you have not received Faculty Recruitment Conference. it as yet. Anyone can submit a resume to the Register which will then be Professor Murray L. Schwartz, '49, center, with Mrs. Schwartz, right, receiving the Law Alumni Society Award distributed to every law school of Merit from Robert M. Beckman, '56. in the country. The Conference

5 Exhibits From the Library 12th National conference on women and the Law to be The striking and informative exhibits found in the showcases Held in April, 1981 and windows of the Law Planning is underway for the School's main entrance hall, are 12th National Conference on the work of a creative group of Women and the Law to be held people-members of the BiddJe in Boston, April 3-5, 1981. Law Library Staff. The National Conference on Nancy Arnold's latest effort, Women and the Law is an "Presidential Elections annual gathering of women (1789-1980)" is replete with whose work and interests posters, buttons, and factual address the relationship Attending the opening of the newly renovated Law materials from past and present between women and the legal School Placement Office are members of the Class of February, 1949, from left to right: Lewis B. Beatty, Presidential campaigns. This system. For the past eleven W. Alan Baird, William T. Walsh , and Marshall A. Bernstein. exhibit runs through December years, the Conference has 1980. served as a forum for sharing The Class of February, 1949 Prior to Miss Arnold's skills, information, and Placement Office exhibit, Ronald Day presented a strategies concerning women's "nostalgic" view of "Rationing legal issues. It has also served Members of the Class of Through the Ages." In the past, as a mechanism for the growth February, 1949, together with Biddle's foreign law librarian, of a national network of feminist Law School Faculty and Marta Tarnowsky, has attorneys, legal workers, and law administration, gathered on demonstrated expertise in her students. September 15 to celebrate the field through foreign and Over one hundred official opening of the Law comparative law exhibits. workshops, panel discussions, School's newly renovated We are grateful to the and skills seminars which focus Placement Office. The generous Library staff for undertaking on the diverse legal and political thirtieth reunion gift of the Class these projects and for issues facing women today will of February '49, made this continually producing the be attended by the Conference's efficient new facility possible. stimulating exhibits which 3,000 + participants. Keynote The resumption of the enhance the school. speakers and special discussion school year always marks the sessions will reflect the beginning of the job interviewing wanted: A Conference's theme, "Women season and Esther Cooperman, Vice-Dean and Justice-Blind No More:' Assistant Director of Placement, bringing special attention to the reports that both prospective The University of Pennsylvania Law School is seeking a new oppression of poor women, employers (which number women of color, and lesbians upwards of 350 this year) and Vice-Dean to assume duties early in January, 1981. The Vice­ within the legal system, and students are utilizing the new examining the impact of Office to its fullest extent. Dean serves as Dean of Students and as Secretary of the hierarchy within the legal The university Faculty Club Faculty; he or she assists the profession. Facilities Are Now Open to Dean in the administration of To receive further Alumni ... the Law School and will have information and/or registration certain supervisory and materials for the 12th National ... and, at a bargain rate. The administrative responsibilities as Conference, send your name Board of Governors of the specified by the Dean. Applicant and address to: Faculty Club realize that area must possess a law degree and 12th National Conference Alumni are unable to use the be a member of the Bar. Prior on Women and the Law Club as frequently as campus experience in educational 207 Bay State Road, members, so they are now administration is desirable. The 4th Floor offering a special Alumni University of Pennsylvania is an Boston, Mass. 02215 membership for a fee of $25.00. equal opportunity, affirmative or call the Conference office at: The Club facilities are action employer. Applicants (617) 353-3399. elegant and are "pure" should send resumes to Dean Pennsylvanian. So, why not take James 0. Freedman, University advantage of the nominal fee of Pennsylvania Law School, and discover a new spot to 3400 Chestnut Street, entertain your family, friends Philadelphia, Pennsylvania, and business associates. 19104. 6 Featured Events

COMMENCEMENT: THE CLASS OF 1980

An end and a beginning. For the 133rd graduating class of the University of Pennsylvania Law School, just the right measure of comradery, nostalgia, exhilaration and anticipation was in evidence on Commencement Day, May 19. Rick D'Avino, the President of 1980, after an introduction by Dean James 0. Freedman, expressed it all most meaningfully in his address to those gathered for the ceremony. What follows are excerpts from Mr. D'Avino's message:

We began on a hot day in September, 1977. One hundred ninety­ nine extraordinarily compulsive people. We, or at least I can safely say, most of us, wrote down everything. Even the jokes. Dean Pollak started with-our first bit of law school humor-no more than half the class would finish in the top fifty percent .... With all respect to Judge Pollak, he was wrong. As any interviewer can attest, at least eighty percent of our class is in the top half. In looking back, all that happened in the first year blurs together. There were two sections, I remember, and everyone knew the names of five people. It just so happened that everyone knew the same five people. They had a slight tendency to say the most or, should I say, everything in class. The subjects, especially the first semester, also tend to blur together. All that remains is a series of unanswered questions: On the first day, Professor Frug asked, "Mr. Gibson, what were the facts of Hawkins v. McGee?" Later Professor Levin asked, "Mr. Gluck, is it Terlizzi?" Professor Capron always wanted to know, "Are you serious?" Kras wondered whether the judges were "idjots." We tried to answer but that did no good-it only brought more questions. But we stuck it out and finally got some answers. As the first year progressed we also found that not all of us taking identical courses. Professor Frug taught Contracts to those of us in Section A. Those in Section B also had a course called Contracts but it seemed to cover slightly different material-poultry law. You shouldn't worry, though, I've checked and all the bar review courses cover consideration ... . Exams were also quite different in law school. Some of us loved them so much we even took practice exams. Just like spring training. And Professor Lesnick, to break the monotony, gave us a real 24-hour take home exam. I wonder what he was doing that day, and night. We managed to reach that first June and the hardest part was over. As we scattered across the country, we enjoyed the most hard­ earned vacation imaginable. We had walked the gauntlet and survived. We even managed to maintain that peculiar genre of humor-legal comedy-over the summer. Early in our second year, several in the Class of 1980 decided that what the Law School really needed was an annual show. This, they thought, would go well with the wine and cheese parties, light operas, winter shows, kegs of beer and intramurals-all things which add much-needed fun to the law school environment. Although it wasn 't in production for much more than two weeks, the First Annual Law Revue opened-and closed-to rave reviews. A tradition was born. We finally found out what really went in an interview and what Jim Golden looks like in drag. This year's Law Revue showed us what Professor Spritzer dreams about; what cologne Professor Arnold uses; and what Dean Freedman looks like. The ambitious spirit which the Class showed think, has developed a particular personality and in founding the Law Revue was also manifested in character, in addition to a terrific sense of humor. more serious projects. Toward the end of our first Despite small, close groups of friends, a real year, a panic struck when we realized that after sense of warmth, community and cooperation having twenty days to study three subjects in the exists. This feeling for one another has been fall, we were going to have five days to study five important, and I hope we can maintain it as we all subjects in the spring. The first of many petitions set off to practice law. To the extent that was born. The faculty and administration, to their separation makes the heart grow fonder, perhaps credit, reacted to the plea and we were given a the feeling can continue to grow. Professor ten day reading period. Their responsiveness was Sparer, whom many of us here deeply admire, appreciated. The administration was also recently characterized the Class of 1980 as the responsive to a less formal request made by the most socially-interested and intellectually-engaged Class this year. A specific idea for the Placement class he has ever taught. Further, he thought this Office to offer more positive help to students who Class was the most socially and intellectually wanted to pursue careers with small law firms or cooperative group of people he had ever in the public interest was developed during a encountered. discussion at a party at Professor Goodman's These personality traits were forged, I think in house. Several people relayed the idea to the part, by the diversity of our Class. Although many Placement Office and, I'm happy to report, though of us came from the northeast section of the too late for us, Placement will publish lists of country, we assembled from twenty-six states. We those employers who cannot come to campus. In are black, white, Iatino and asian-american-all addition, the office will perform services similar to with different viewpoints and visions. However, we those performed for the firms who do come to often did not take full advantage of our differing campus-including the centralized mailing of perspectives and the student body, unfortunately, resumes.I was sometimes fragmented. Although the Our three years here also ended with a divergent groups occasionally worked together to petition. Faced with a threat to the Penn Legal solve problems-both societal and Assistance Office-a group of Faculty and personal-more interchange is needed in order to students who perform legal services for learn and benefit fully from each other. indigents-several students mobilized the rest of The richness of the Class was also the student body. The large student outcry was profoundly strengthened by the large number of gratifying to those who care about the Law School people in the Class of 1980-over fifty and seems to have put the Clinic on sound percent-who came to the Law School after financial footing for at least the next year. pursuing other careers as academics, Although the threat is no longer imminent, we, as homemakers, civic leaders, journalists, and at concerned Alumni, should try to keep watch and least one novelist. Their viewpoints, ideas, remain involved if possible. I hope the reaction of aspirations and, perhaps most importantly, their the student ~ody retains its effectiveness. sense of perspective made law school more As I have tried to show, the Administration, meaningful for the rest of us. Law school, as although it has not always agreed with student many of us here can attest, can be very requests, always listens and, I think, carefully intimidating, frightening and baffling, especially considers what we say. As Alumni we should take during the first year. As a person who has dutifully advantage of this and speak out when an proceeded from kindergarten to law school important issue is raised at the Law School. It graduation, it is very easy to measure self-worth in may even be that as Alumni our considered terms of grades earned on one's last set of opinion will carry even greater weight. exams. Those in the Class of 1980 who had the During these past three years our Class, I opportunity to experience life outside the walls of academia learned to cope with things far more

8 difficult than an unexpected or disappointing teaching. During our three years here, he has grade. The perspective which this knowledge gave taught an unprecedented one hundred ninety-six them, I believe, stregthene.d many of us who members of our Class; and when counting those lacked those experiences. For example, I was who took more than one course with him, Kras particularly touched by those men and women in has had a total of four hundred thirty-five 1980 our Class who raised families while studying and graduates in his classes. For all you have done, reading the casebooks. In fact, several of the Kras, we thank you very much. women shouldered the burden of being both Although it is easier to be cynical and point parents. Coping with these added responsibilities out the faults in a non-perfect enterprise, I would made reading a case pale by comparison. The like to express publicly the pride which I know I maturity and strength they showed helped all of share with the entire Class of 1980 in being us through the last three years. For this, I thank graduated from the University of Pennsylvania all of our classmates who have a little difficulty Law School. I think it met-and often surpassed­ remembering their last graduation. In addition, the its superb reputation. Many thanks to the maturity of our Class was heightened by the administration for their contribution to the tenor of strength of character, tenacity and courage the Law School and for their help and showed by Rhonda Weiss whose blindness proved responsiveness, to the Faculty for their to be no handicap. Rhonda we all salute you. availability, help and often excellent teaching, and As we leave Penn, we will all have the to the students who made it all possible. opportunity to experience those things we have missed these last three years and hopefully fulfill Following his speech, Rick D'Avino called to some of the dreams we had as we entered law the rostrum former University of Pennsylvania Law school. As a class we are spreading to over School Dean, Judge Louis H. Pollak of the United twenty-three states to work. Twenty percent of our States District Court, Eastern District of Pennsylvania. The Judge, who had a special Class will be working in New York, fifteen percent relationship with 1980, was presented a diploma are in Washington and five percent are off to the which read: "The University of Pennsylvania Law west coast. Thirty percent have decided to stay in Philadelphia, while ten percent are travelling south School Class of 1980 is proud to welcome Louis to dixie. The remaining twenty percent will be in H. Pollak-friend, teacher, Dean-as an honorary member of the Class." other states in the Northeast and New England, Sija van Mourik, representing the LL.M. Nevada, Ohio, Missouri, Illinois, Colorado and Utah. students, shared the experiences of those who spent the 1979-80 year at Penn Law School Approximately sixty percent of the Class will engaged in graduate study. be practicing in private law firms, mostly large, in Dean Freedman then presented the Honorary major cities. Twenty percent will spend one or two Fellowship of the Law School to Ambassador years clerking for judges and fifteen percent will Jerome J. Shestack, the United States be working for the government or with public Representative to the United Nations Human interest groups. Several in the Class have decided Rights Commission. Ambassador Shestack's to work in private industry. eloquent and moving response and charge to the Before I finish I would like to say a few thank Class of 1980 appears in this issue of The Journal. you's on behalf of the Class. First, I would like to The 1980 Harvey Levin Memorial Award for thank Professor Jan Krasnowiecki-Kras, as he is Teaching Excellence was presented to Professor affectionately known. Faced with the fact that a Morris S. Arnold by Dean Freedman prior to the course which many people wanted to take was awarding of diplomas. not being offered, Kras broke tradition and took A reception honoring the 1980 graduates upon himself the extremely difficult burden of followed the commencement ceremony. teaching three full courses this semester. This exemplifies the dedication which Kras brings to

9 OF JOY AJYD PAIN IN OUR PROFESSION

involving the very stuff of their lives. It is an invidious business, as Llewellyn said, this shuffling, this gambling, this checkerplay with human rights. It is a troublesome business, this adversary system, to serve as the mouthpiece of the litigant who wins only as he tramples others down. Small wonder that the trampled do not love the lawyer. But neither do the winners. For often you will win not by affirming the justice of your cause, but through process and procedure and technique. Your clients may pay tribute to your success, but tribute of the kind one pays to the trickster or practitioner of the black art. Better than no tribute, perhaps, but painful still to be so often misunderstood. To be unloved is perhaps not so bad if you know you have made the right choice. But if you are thoughtful and sensitive, you cannot even be confident of that. Often, you will be buffeted by conflicting cross currents, the hard choices between personal security and moral responsibility, knowledge and privacy, profit and public interest, victory and honor. by Ambassador Jerome J. Shestack, United States The long and short of it is that you have Representative to the United Nations Human chosen a profession which will involve you in the Rights Commission as presented to the Class antagonisms and ambiguities of human of 1980 at Commencement exercises aspiration. It is not only choosing God over Caesar; often the que&tion is which is which. I have no answer to the moral dilemmas of You have reason to be joyful. And proud. You our profession. It will be painful to wrestle with have travelled an arduous, sometimes even them. And it should be painful. torturous path to reach this point. You have But if there is pain in the profession, there is endured the angst of your first year in law school, also joy. Indeed, I believe more joy than pain. which surely will remain vivid in memory, There are few callings in the world, Learned Hand notwithstanding even the blurring of time and once wrote, which give greater opportunity for nostalgia. You have been peppered by acerbic satisfaction to one's self and which are of more tutors, salted with Socratic reasoning, spiced by benefit to one's fellows. I want to speak to you the fierce competition of colleagues. And you today of some of the joys. Joys which I have have survived; appetites still fresh, honed found. Which I hope you will find. intellectually, confident in your abilities and In your lifetime, you will have a thousand ambitions, anxious to conquer. Savor well this cases, perhaps more; some of them major, some day. Like Goethe, we are tempted to say: "Oh trifling, most transitory. They will earn money for moment, stay, thou art so fair:' you. For some of you a great deal of money. And But the moment cannot stay, or the world that will give you certain power and certain would end. And so you move on from the calm of freedom. It is not a small matter. your academic pond into the sea of the law's But if affluence and power are all you seek realpolitik. There is beauty in that sea, and and all you gain, I believe you will find little joy in richness. But pain and turmoil, too. your profession. It all depends on one's vision, but You will no longer deal with abstract issues I believe the joy comes from being involved in the and hypotheticals, with cases frozen in print, drama of humanity. I hope you will see that each passionless and painless. Now you will be case is warm with life, each strong with concerned with conflict between men and women expectation, each involved in human aspiration. In

10 every case, there is a human struggle with all of become involved in pro bono causes. I suppose its hope, its futility, its wonder, its grandeur. And the exhortations are so intense because, in the background, pressing or elusive, heady or unfortunately, the participation is so small. You faint, but always present is the duty to justice. law students, when interviewed, almost always The melding of human concerns and the law, I talk about your interest in pro bono matters. But think, is part of the worthwhileness and joy of our when you get into practice, I regret to say that profession. many of you involve yourselves all too little. And it is joy, too, I believe, to work in a You become consumed in the ardor of profession where there is a craft tradition, a practice. Pressure stalks the practitioner. You get tradition that the best in our profession caught in the syndrome of success. You say, understand and follow-that which is within the "Later, later-after I have made it, I'll really get reach of all of us. What do I mean by a craft involved in pro bono efforts." tradition? I mean a tradition of practice that elicits But, "later" rarely comes. In my experience, ideals and pride and responsibility. A tradition that the lawyer who becomes involved in the public relates beauty to function. A tradition that tries to good early remains involved; for those who defer shape our work with balance and precision, hewn it, the continuance is perpetual. to purpose. That" rejects sloppiness and To defer, of course, is understandable. In the imperfection and flaw. A tradition that is law, time and compensation are inexorably conscious and sensitive; that understands that intertwined. Why should you, in particular, use up one apt word or phrase can clarify an issue, or the one and sacrifice the other to become avoid a calamity, or convert contention into involved in public interest issues? consensus. A tradition which savors the deft I have heard many answers. Some say that touch, the jewel word, the fine tuning, the fell of society confers on you a unique privilege to rightness. practice law; therefore, you should be willing to Few of us are artists; art takes genius and accept a unique responsibility to society. And the inspiration. But craftsmen you can be. You are ethical codes of our profession so suggest. prepared; you have served your apprenticeship Some say that from those to whom much is among craftsmen in these halls. You know the given, much is expected. You have special standard-setting, restraint and self-discipline that abilities; analytic skill, concept comprehension , comes with craft responsibility, the tempering that dispute resoluti_on. Society needs your talents. sets limits even upon the fierce desire to win. But Some say that if you fail to address the you must work at it, work at your craft. Work at it central and crucial issues of our society, you will even when it doesn't pay, precisely because you become more circumscribed, confined to lesser are craftsmen. Work at it though you are tired and roles and to lesser respect in our society. bleary and bored, precisely because your sense of Some say that to truly embrace a profession craftsmanship calls for it. And if you follow the concerned with justice, you must commit yourself craft tradition with its ideals, its pride, its to the central problem of justice, to balance responsibility, I believe you will find in it much inequities and to redress injustice in the larger pleasure and much satisfaction. society. But the law offers even more. No other All of this is true, indeed compelling. Yet, I profession qualifies you better to partake in the would offer some further insights. joy of striving for the public good, for the public I have travelled with many lawyers along interest. It is that cause that I want to plead today many pro bono paths, worked with them, made above all. common cause with them. Some of the issues There is, of course, the obligation of all of us have been large, some small, some of our gains as human beings to help our fellows, an monumental, some incremental. Almost always I obligation stemming from a common divinity and have found that those who work for the public brotherhood, or from a simple sense of decency, interest feel it deeply satisfying, fulfilling and or from the need to preserve a civilization, or joyful. I share that experience. It is exciting to be perhaps from all of these. But my plea goes to involved in the overriding issues of our era, to you as lawyers, because you are lawyers. wrestle with the moral dilemmas of our society, to We hear many exhortations to the bar to further the goals of justice.

11 NONTRADITIONAL LIFESTYLES AND THE LAW By Vice-Dean Phyllis W Beck

Consider for a moment what has been done in the past two decades alone. I have seen young lawyers go down to the South and desegregate schools, polling booths, buses, bathrooms, hospitals and hotels. In short, to begin to change a way of life. I have seen lawyers start a vast program of legal services for the poor, for those to whom the law had so long been a closed book, a stacked deck. I have seen young lawyers reform the rules of mental institutions, obtain treatment for the untreated, and release those held without cause in the snakepits of our nation. I have seen lawyers change our consciousness of the environment and establish a whole jurisprudence of environmental law. I have seen lawyers obtain release of political prisoners, reunify families across the Iron Curtain, and become deeply involved in the advancement of international human rights. I work daily with young lawyers who champion the cause of dissidents in the Soviet Union, the disappeared in Argentina, the banned in South Africa. I don't pretend that the tasks have been accomplished. Too much remains undone; too few have been among the doers. Still, with all that is lacking, it has been a wondrous panorama. Storefront offices, public interest law firms, class Editor's Note: actions, test cases, activist oar associations, in Phyllis W Beck, Vice-Dean of the University of Penn­ the public sector, in the private sector-all with sylvania Law School published this article in The lawyers involved in the life-giving task of our Journal of Family Law, University of Louisville School changing society. of Law, Volume 17, No. 4, 1978-79. In a society where so many are powerless, Footnotes available upon request from Law Alumni where lifetimes are spent in humdrum detail, Journal Editor. where few can be actors in the enfolding spectacle, we, as lawyers, have a singular Introduction opportunity to contribute to society's needs, to make a limping legal structure work for justice, to Current narcissistic wisdom suggests that an revitalize old institutions to serve today's individual not get out of bed in the morning until demands, to grow ourselves, to be part of the vital he or she can think of five good things to say struggle for human dignity and worth. And to about him or herself. Two generations earlier, a accomplish much. It is an exhilarating prospect. friend's grandmother, also addressing the Earlier, I quoted Goethe's phrase, "Oh perception of the "self," advised differently. Don't moment, stay, thou art so fair." But, if I were you, I get out of bed in the morning until you can think would not want a stay. Your horizon is full of of three kind things to do for other people. The challenge, full of promises to keep, full of the disparity in advice reflects a widespread, personal satisfactions and joys that come from sharing in revolution: the turnabout from people receiving the passions of our times. satisfaction from performing good deeds on Will you share the joy of that struggle? Will behalf of others, to people still valuing good you be actors in that drama? Will you see so far deeds, but convinced that those good deeds begin as you may? Are you ready now? I leave you with with themselves. one thought, again from Goethe. Near the end of American society has undergone a his life, he said, "Let the young man take care fundamental shift in values and an accompanying what he asks in his youth, for in his age he shall change of attitudes. The value shift and attitudinal have it." change are reflected in the acceptance of I wish you well. I wish you joy. individuals' living together without being married, 1

12 courts gained familiarity with matters facing individuals who did not fit the mold of middle America. Following the demand for racial equality came demands for sexual egalitarianism. Interest in individual rights of the majority also grew. Individuals whose lifestyles reflected different values sought redress in the court to legitimize their personal way in life. It was therefore not too great a leap for the courts to shift from defending the rights of minorities to championing personal autonomy and individual lifestyles outside the accepted mainstream of middle class America. The Sixties generation scrutinized traditionalism, found it flawed, and widened the option of personal choice for themselves. Many parents, including some of the influential elite, were forced to reexamine established mores. Not to do so meant creating a sharp, frequently unacceptable break with their children. In addition to joining the mounting opposition to the Vietnamese war, the older generation-led by the younger-accepted a panoply of lifestyles different from what they had experienced. the increased tolerance of children born out of Marriage wedlock, the demand for marriage partners of the same sex, and the fight for freedom of choice in Traditionally, American society beamed and reproductive matters. bestowed its national blessing on marriage. It The common thread running through these allowed the individual freedom to choose his or changes-these new cultural imperatives-is the her most intimate domestic companion. It was primacy of individuality over the traditional social accepted practice that intimacy would commence structure. Different lifestyles are developing and only with the legal contract of marriage. courts are responding to them. It is intriguing to Americans, for the most part, applauded speculate why judges who in the past tried, and in romantic love and personal choice of mate. Unlike part succeeded, to limit their attention to most of the rest of the world, marital alliances in nonpersonal, economic matters such as taxation, America were not arranged for social, political, or antitrust, and tort liability now tackle problems economic reasons. American mores, however, did that are essentially personal. The outcome of their suggest two constraints on such domestic deliberation still has economic ramifications as arrangements: marriage had to be between one did their earlier decisions, but the primary impact male and one female; and, it was desirable that of their judgments is on our national personal fate the marriage partner come from a background at and only tangentially on our national pocketbook. least as good as one's own. The momentum for the judiciary's current A very small percentage of people resisted responsiveness to cases involving personal the American tradition favoring marriage. A silent lifestyles may derive from the civil rights truce existed between society and certain unusual movement of the previous decade. In the 1960's, domestic affiliations. Laws were not rigorously our country was ripe for and responsive to the enforced against homosexuals who perferred to national outcry against racial discrimination. Ever live quietly together, nor against the poor or larger numbers of people were touched by how Bohemian groups for whom marriage was poorly we treated certain groups of individuals. impossible or ideologically noxious. For many Why could minorities not get jobs? Why were their years the country took comfort from the children not receiving a good education? Through appearance of national domestic harmony. To the medium of thousands of civil rights cases, the some, not scrutinizing the facts intently, 13 traditional marriage was mistaken for revealed As a matter of fact, Marvin had been married to order. The courts granted marriage and the family another woman at the time he and Michelle set up a unique and favored position in the law housekeeping. Marvin's second and alternative · commensurate with their hallowed status in line of attack relied not on Michelle's lack of American society. status as his wife, but on the alleged contract. Mr. However, for the past decade, the Marvin denied making an agreement; and, even if arrangement of man, wife, and child within a legal the court was persuaded that the parties had framework has no longer been the only acceptable entered into a contract, he maintained it was family structure? It has become but one of many unenforceable as against public policy. Marvin possible groupings. Theoretically, any number of relied on the traditional view that the couple's men, women, and children may live together. The relationship was immoral. He expected the court view has emerged that achieving satisfying would not enforce an agreement based on intimacy in the home environment is less a result unlawful (immoral) consideration. of formal legalistic family structure than of a The California Supreme Court made history mysterious, chimerical mixture of personality and when it declared that the parties may have character. Traditional social organization has been entered into an enforceable contract.10 The court increasingly attacked in the courts. ruled that unmarried cohabitants could recover A basic shift is reflected in the prevalence assets accumulated during their union if the and acceptability of households resembling a claimant could prove a contractual or equitable legal marital arrangement in every way except for foundation for his or her demand. The court, with the legal imprimatur.3 The parties agree to live justification, expressed concern that the together for an indefinite period, to act as a unit consequences of its conclusion might undermine for meeting each other's social, economic, the legal foundations of marriage.11 It therefore psychological, and sexual needs and to hold stressed a supportive position in favor of legal themselves out to the world as a defined entity. alliances and noted it was not changing The "marriage" is de facto. California's established law relating to marriage Major legal problems lurk in this situation and divorce. The court claimed its decision would unless the couple lives in a jurisdiction which not discourage marriage. On the contrary, the recognizes common law marriage. In such court hoped the ruling would encourage marriage. jurisdictions, the state probably considers the The California court reasoned that if it refused to parties legally married, and the problems unique grant relief to Michelle, the income producing to de facto unions may not be germane;4 but, partner would be encouraged to avoid marriage elsewhere hard questions must be answered. and retain the benefit of his or her accumulated Does the status of a de facto spouse entitle the earnings.12 In other words, if the law forced the husband or wife to the same rights as the legal income producing partner to share his property husband or wife? Before the Seventies, the with his or her mate, regardless of marital status, answer was clearly no. The de facto spouse was the financial incentive to remain single would be not entitled to legal rights usually incident to attenuated.13 marital status.5 As the number of unofficial Therefore, the California Supreme Court, in liaisons grow, however, decisional law is line with the 1970's shift in values, awards legal developing which acknowledges that parties to de recognition to de facto unions even if only on a facto marriages may be entitled to property rights.6 limited property basis. Whether such recognition The best known de facto union was between devalues formal marriage is difficult to determine. Lee Marvin and Michelle Marvin? They lived An unarticulated-and even unwanted­ together for about six years. When their consequence of its decision may be symbolic. The household arrangement terminated, she sued him message the court may be telegraphing is that for a share of the property acquired during their non-traditional alliances are now socially and period together8 alleging that the couple had legally supportable. The decision may not, as the entered into an express contract to share the court would like to think, encourage marriage. property and income accumulated by them during Cohabitants-especially Californians-now know the cohabitation. Mr. Marvin defended against that the terms of their living arrangement are Michelle's claim. He denied the contract and negotiable and legally enforceable, and they may argued that because he and Michelle never therefore contract with their partners to deny them married, she had no claim against his property.9 the profits accumulated during the union. In

14 ,.

weighing individual values against broader social perhaps his former wife's, expectations when the goals, the court has decided in favor of the divorce decree was entered.20 A similar scenario is individual. played out vis-a-vis the surviving widow. The The California decision also reflects a 1970's protestors this time are the potential legatees attitude toward sexual relationships outside of whose rights ripen upon the widow's remarriage. legal marriage, i.e., an acknowledgment that sex Courts have had difficulty defining marriage is part of a total relationship and the presence of or establishing criteria in a de facto union that that aspect in a relationship does not make it gives rise to property interests associated with meretricious or illegal. Ordinarily a contract based legal marriage.21 The Marvin court avoided the on a meretricious or illegal consideration is issue completely and laid the foundation for unenforceable.14 For example, a contract for recovery on a contract or equity basis and not on payment to a prostitute is unenforceable because the basis of entitlement derived from legal status. prostitution is illegal, and courts will not enforce a Most courts view marriage as a status achieved contract based on it. The Marvins' living only after the couple has satisfied the requisite arrangement included a sexual element. The lower statutory procedures. In the majority of court, echoing years and years of precedent, jurisdictions, the divorced spouse who lives with denied Michelle's contract argument because the another partner continues to receive alimony and consideration was predicated on a sexual the widow or widower living with a new mate relationship.15 The Supreme Court of California continues to receive periodic payments. rejected that proposition. It noted that a contract Illegitimacy that included sex-but whose foundation was not sex- was not meretricious and therefore A companion and not unexpected problem is the enforceable.16 rights of children born into de facto unions. While living together may have started with Informal marriage,22 like other sexual liaisons, the young, it has now spread to the middle and sometimes breeds children. Such a child has been older aged community.17 The phenomenon reflects referred to as illegitimate, "filius nillius" (nobody's several factors: economic necessity,18 primacy of child), and a child out of wedlock.23 the individual over traditional social organization, Providing financial support for children is one and the weakening of society's disapproval of of society's central concerns. Natural parents, domestic arrangements other than legal marriage. married or unmarried, are with rare exception De facto unions among the middle and older responsible for their children's support. Courts aged groups may be numerous enough to and legislatures reinforce this sensible standard?4 constitute a trend which raises significant legal Until recently, state legislatures and courts have issues. For instance, a common provision in a decided the fate of illegitimates and thereby divorce decree may provide payment of alimony influenced the community's attitude toward them. until the recipient spouse remarries. A parallel Beginning in the sixties, however, the United provision in a will may provide periodic payment States Supreme Court reviewed a series of to the surviving spouse until he or she remarries. challenges to state laws which discriminated These situations demand a redefinition of against illegitimates. The consequences of the I marriage. Has a relationship developed that may Court's action is that fewer sins of the parents are be defined as marriage if the recipient or surviving now visited upon their children. The Court has spouse cohabits with a friend in a domestic somewhat, but by no means completely, blurred arrangement they consider permanent, even the distinction between legitimates and though it has not been .formalized?19 i I leg iti mates.25 Hypothetically, if Michelle Marvin had been In this line of cases the United States receiving alimony would the court have required Supreme Court found unconstitutional several her former husband to continue payment during state statutes which discriminate against the period she was living with Lee Marvin? An illegitimates. For example, the rights of aggrieved divorced husband may come into court illegitimates became coextensive with those of protesting alimony when his former wife has set legitimates in recovering damages in wrongful up housekeeping with a male friend. He would death actions,26 in collecting insurance proceeds rightly argue that he is being penalized because as a beneficiary under a state's workman's the couple's union is de facto. Furthermore, compensation system,27 and in asserting the right continuation of payment is contrary to his, and to support from the natural father?8 In most of the

15 state statute cases, the United States Supreme individualistic solution to a unique problem. The Court asked tw·o questions of illegitimates in homosexual community is seeking to make the instances where they found unequal treatment. American social structure more elastic. It is Can illegitimates prove their lineal ties? And, if pressing for de jure recognition of marriage in they can, are they entitled to equal treatment with which the two partners are of the same sex. their blood or half-blood siblings? It is ironic that some males and females who Progeny of an informal union are still possess legal capacity to marry one another resist afforded fewer rights than their legitimate de jure marriage in favor of living together, while counterparts. Unequal treatment of illegitimates some individuals of the same sex, whose legal triumphed recently when the Supreme Court capacity to marry one another is questionable, upheld a New York statute which denied an prefer de jure marriage to living together. The illegitimate his right of inheritance on the same homosexual community's move toward legally basis as a legitimate where the estate of his sanctioned marriage between persons of the same father was being distributed under the intestacy sex has two goals: the psychological comfort and laws.29 security of legally sanctioned domestic In addition to state legislation, a whole range companionship, and the abolition of what it views of federal statutory benefits are problematic for as discriminatory laws.34 illegitimates.30 The United States Supreme Court According to newspaper accounts,35 many still denies illegitimates certain benefits granted thousands of homosexual couples have married. to legitimates. For example, an illegitimate is not Communities such as Boulder, Colorado, were at entitled to admission preference under the one time issuing licenses, and ministers in local Immigration and Nationality Acts of 1952; 31 and, churches were solemnizing homosexual the Social Security Act is a mine field for marriages. In other communities where clerks illegitimates. The pattern under the Social Security would not issue marriage licenses to two persons Act requires a child to be dependent before he is of the same sex, homosexual marriage was entitled to certain death benefits through his accomplished by one of the partners "passing" for father. As to legitimate children, the Act presumes an individual of the opposite sex. dependency, but as to, illegitimates it does not. The marriage licensing acts of most states The Supreme Court, in a recent death benefits do not expressly prohibit marriage between case, upheld this distinction as consistent with persons of the same sex.l6 The accepted the equal protection guarantee.32 The Court found assumption of the statute has traditionally been a the distinction was a reasonable empirical male-female coupling. The legal challenges on judgment in line with the Act's design. It is behalf of homosexual marriages have attacked apparently natural to presume dependency for the licensing statutes; but, so far, the attacks have legitimate while it is not for the illegitimate.33 failed. Where the issue has been adjudicated, the Perhaps underlying state statutes and court courts have interpreted the statutes to require decisions which deny full legal rights to application from an eligible female and male as a illegitimates is the knowledge that every state condition of licensure.37 provides some mechanism short of marriage for The legal status of homosexual couples who an out of wedlock child to be legitimized by legal marry after obtaining a license is unclear. The action of the father. The legitimized child is legally status will be clarified in the future when the the peer of legitimate children. While lawyers may surviving spouse of a homosexual couple files for be cognizant of these legal procedures, the poorer social security benefits, for example, and the segment of society which produces a claim is challenged on the basis of an invalid disproportionate number of the illegitimate marriage. Or, the status may be clarified when a population is not. Furthermore, even adult males homosexual immigrant spouse petitions to remain who may be informed about legitimization in the United States on the grounds that he or she procedures may be disinclined to cooperate. is legally married to a homosexual. Legitimization of a child imposes upon them the To balance the picture, it must be obligation to support. While paternity is in doubt, emphasized that sexually unorthodox lifestyles the court cannot require the putative father to represent the preference of the minority, not the support. majority.l8 The minority, however, is articulate and Children out of wedlock may be the organized. They press their social and legal innocents who are damaged by the new life position in an adversarial arena and force the styles. The foundation of their lives-the intact courts and legislatures to rethink traditional views. family-may have softened as lifestyles tolerating Contraception and Abortion greater individual autonomy have increased. Homosexuality Reproductive freedom has, perhaps, been the most potent force to date in lifestyle changes and Another segment of society trumpets an attitudinal shifts. The development and

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popularization of "the pill" opened the gates to United States Supreme Court in the now famous reproductive freedom and to legitimizing different Griswold v. Connecticut case.39 The Court found in lifestyles. Previously, the possibility of pregnancy favor of the defendants and struck down the narrowed the choice for many couples to de jure restrictive birth control statutes as violative of the marriage. Sexual encounters, whether casual or United States Constitution. Its decision carved out part of de facto marriage, led to the risk of a zone of marital privacy in which the state may pregnancy. The non-married, pregnant woman was not impose undue burdens and restraints on the faced with consequences that were at best intimate aspects of a couple's life. The state's unpalatable. She could procure an illegal abortion, authority to regulate morality-a claim parent an illegitimate child, or marrv. Connecticut made in support of its anti­ In most states, birth control measures were contraception statute-remained unquestioned. legally available; in others, they were not. In those However, the state must limit its control to states in which birth control was available, it was constituencies that it has a legitimate right to acceptable for the man to buy protection at the control and must use reasonable means to control corner drugstore or a vending machine in the those constituencies. The Supreme Court of the men's room. It was not so easy for the unmarried United States declared that conduct engaged in woman. She had to overcome both personal and by marital partners was not a legitimate target of social inhibitions before going to a doctor to have control. At least as to birth control, marital unions a contraceptive device, usually a diaphragm, were under a constitutionally guaranteed prescribed. Because of these constraints, her protection of privacy beyond the reach of state choice of lifestyle was limited to marriage or to interference. living alone. The next birth control issue was decided by After the development and acceptance of the the Court seven years later in Eisenstadt v. Baird.40 pill, one of society's rationales for limiting sex to Baird had been convicted in Massachusetts of marriage began to crumble. Women had violating a statute imposing criminal penalties for incorporated moral codes which mandated that selling or giving away contraceptives to unmarried i "nice" young girls do not engage in sexual activity persons. Baird had given a lecture .on birth outside of marriage. The burdens of an unwanted control. At its conclusion, he gave a young pregnancy were too severe. The pill dramatically unmarried woman a package of vaginal foam , reversed the moral code of "nice" young girls. It apparently as a sample of one kind of forced individuals, especially women, to make contraceptive. He was arrested and subsequently personal choices about their intimate affairs and was convicted by the Massachusetts state court. living arrangements. In truth, society's prohibition The United States Supreme Court found that against sexual activity before marriage was only Massachusetts violated the equal protection partially dependent on the possibility of unwanted clause by forbidding access to contraceptives on pregnancy. Another aspect of the rationale, a the part of unmarried persons while making them psychological one, escaped and still escapes available to married persons. The Court found that most women. The prohibition against premature the criminal statute bore no rational relation to intimacy operated to retard the intensity of any conceivable legitimate state purpose. Again I emotional involvement between young couples. It the Court emphasized the individual's right to allowed couples time before they made serious privacy: "If the right of privacy means anything, it emotional investments in one another. is the right of the individual, married or single, to Greater sexual freedom has thus been woven be free from unwarranted governmental intrusion into our modern social fabric. What response has into matters so fundamentally affecting a person the law made? The first legal change was in the as the decision whether to bear or to beget a area of birth control and was made after the pill child." 41 became widely available. The United States The right of access to birth control allowed Supreme Court struck down restrictive statutes, women greater freedom in selecting a personal such as those in Connecticut and Massachusetts, life style. That freedom was expanded when the which prohibited the sale and use of birth control Supreme Court sanctioned a limited right on the devices and the dissemination of birth control part of a woman to abortion.42 The Court's information. vindication of lifestyle freedoms in the The first birth control case reached the reproductive area is reasoned and desirable. It United States Supreme Court in 1965, and involved provides individuals with greater freedom, while at the Executive Director of Planned Parenthood in the same time fostering concern for responsible

I Connecticut and a professor at Yale Medical parenthood. With the help of the abortion School as criminal defendants. They had been decisions, procreational freedom has developed convicted of violating the Connecticut anti-birth rapidly over recent years. Certain procreational control statute by prescribing and disseminating taboos, such as state criminal sanctions against birth control information and devices. The adultery and incest, still exist, but these sanctions convicted defendants carried their cause to the are sluggishly enforced and are essentially

I 17 meaningless. Rarely, if ever, is an individual prosecuted for violating them. The laws remain on the statute books as testimony to society's PENNSYLVANIA DIVORCE historical disapproval of certain behavior. The lack REFORM: of enforcement underscores the fact that society I no longer perceives the need to protect itself AN EXERCISE IN TURMOIL against such threats. Conclusion AND COMPROMISE The current law reflects the evolution in traditional By Senator Michael A. O'Pake, '64 morality. Society is re-evaluating behavioral standards and social values. The law is serving several purposes: it is vindicating a changed set of behaviors for the community as a whole, while at the same time it is reinforcing approval of such behaviors for the individual. The law has yielded; in part it has enlarged its tolerance of different I ifestyles. Prohibitions have been eased against lifestyles that in prior times were considered unorthodox~ 3 The result may be to disturb traditional order. Disturbing traditional order is always serious business and ought not to be too quickly labeled as progress. The changing concepts promote greater individual autonomy which, if carried to its ultimate conclusion, may become undesirable. Individual autonomy in its extreme may be antithetical to family integrity. It may be humane to encourage a freer attitude toward individuals who live in a broader fashion; but, it may not be humane to embed unexamined changes into the social fabric if to do so wounds the familial unit essential to social organization. The family serves a pivotal and comforting Editor's Note: function in America. In its ideal, it is a "haven in a State Senator Michael A. heartless world,'' 44 protecting and educating the O'Pake, '64, Chair of the young and providing for an orderly transmission of Pennsylvania Senate Judiciary societal values to them. For adults, the family Committee, was the Democratic provides emotional, social, and sexual nominee for Pennsylvania's first satisfaction. Family structure is a source of elected Attorney General. society's strength. Senator O'Pake directed the The family may be in need of change but not Pennsylvania Senate in a long, abandonment. Will the law completely support lhe arduous battle for divorce reform new cultural imperative which favors individuality in the state-a battle which over social and family structure? To a limited culminated in the passage, this extent it has done so. It has recognized property past July, of the Pennsylvania rights outside of de jure marriage; it has increased Divorce Code of 1980. In the its tolerance of illegitimate children; and, it has following article, Senator O'Pake provided greater freedom to individuals in recounts the history of divorce reproductive matters. So far, the law has drawn law in Pennsylvania, and the line this side of homosexual marriage. While it describes the difficulties is socially desirable for consenting adults to share encountered when he undertook maximum freedom, it is problematic whether it is to battle the controversial issue desirable for the law to declare complete freedom of divorce reform in the state. as its credo.

18 On July 1, 1980, Pennsylvania's innocent and injured. for the numerous legislative new Divorce Code became The Act of 1785 was proposals which were effective. This represents the codified in 1815,2 at which time periodically reintroduced in the first comprehensive, substantive the desertion period was General Assembly throughout change in our State's divorce reduced to two years and the the 1960's and the early 1970's. law in nearly two hundred years. grounds of cruel and barbarous The only successful The purpose of this article is to treatment and indignities were attempt at divorce reform briefly outline the legislative added as grounds for divorce culminated in a minor history of divorce reform and to from bed and board for a amendment to the divorce law in highlight the major changes husband as well as a wife. 1972~ The provision added the which will be forthcoming as a In the succeeding years there new ground of insanity; however, result of the enactment. were a few minor adjustments the requirements were strict and Background and the divorce law was then few plaintiffs could obtain a recodified, without major divorce on this ground. The The first divorce code enacted in substantive change, in 1929.3 The defendant must have been Pennsylvania, the Act of 1785,1 Divorce Law of 1929 had thus confined to a mental institution contained the basic elements of preserved the basic structure of for at least three years prior to the familiar "fault" system. The the divorce law established in the filing of the divorce statute provided for divorce from 1785, and remained in effect complaint with no reasonably the bonds of matrimony on the until 1980.4 Since the late 1950's, forseeable prospect of being grounds of impotency, bigamy, there have been many attempts discharged from inpatient care. adultery, desertion, or marriage in the General Assembly to Pennsylvania had fallen on false rumor of death. A bed update and change the well behind the tide of the rest and board divorce could be antiquated divorce statute. In of the nation. We were one of obtained by a wife on the 1961, a Joint State Government only three states7 that had not additional grounds of Commission task force formally enacted a form of no-fault abandonment, cruel and recognized the need for divorce and, in fact, barbarous treatment, or comprehensive change and Pennsylvania was the only state indignities to the person. The proposed a new divorce code for which did not provide for act also required that the Pennsylvania.5 The task force maintenance, alimony, or for spouse seeking the divorce be report provided the framework equitable distribution of property after divorce. The old divorce law did Aot recognize the reality that when a marriage deteriorated, usually both parties had contributed to its failure. If both parties were nearly equally at fault, so that neither could clearly be said to be the innocent and injured spouse, Pennsylvania would not grant the divorce. Incompatibility was clearly not a ground for divorce in Pennsylvania and many couples were forced to commit perjury in order to obtain a fault divorce. In the opening months of the 1977 Session of the legislature, momentum began to build behind a no-fault divorce bill. But the bill stumbled in the Senate Judiciary Committee when the unilateral provision

19 was stripped from the bill Pennsylvania Catholic three-year provision. Opponents leaving an emasculated mutual Conference jeopardized adoption countered with a comparative consent bill. That effectively of a comprehensive package. fault amendment, which was scuttled the measure for 1977, The PCC was a formidable defeated. as the General Assembly hurdle. In the past, their Almost one year to the day became involved in a nine-month opposition had been tantamount since it was introduced, House embroilment over the proposed to defeat. The General Assembly Bill 640 passed the Senate by a budget and tax hike. has many Catholic members vote of forty-three to six. It was The following year, 1978, who fear that antagonizing the concurred in by the House and was an election year and PCC could jeopardize their re­ signed by the Governor. legislative leaders feared that a election. But without unilateral, Rarely does the legislative bill with moral implications there could be no real reform. process function in such a would be political suicide, Undoubtedly, there would be textbook manner, involving input particularly after the emotion­ those people who would refuse from professionals, strong packed reaction to the abortion mutual consent divorce until lobbying on both sides of the debates. But in the fall of that they had extorted every issue, and tremendous public year, the Governor's economic advantage from the interest. No legislation in recent Commission for Women other party. We would be memory received such a established a special task force opening a field of divorce by dramatic and emotional consisting of representatives of economic blackmail. response from the people of all women's groups around the To obtain approval of a Pennsylvania. My office received State, social service agencies, majority of House members, it literally thousands of letters and marriage counselors, religious was necessary to raise the telephone calls from concerned denominations, the Pennsylvania requirement to a three-year citizens. Most were not form Bar Association and other legal separation period. The bill was letters or postcards which are authorities. My staff served with also amended in the House to typically sent to legislators. them, and their enthusiastic and include marital misconduct as a Instead, they dealt with personal tireless efforts went into drafting factor to be considered by the experiences and personal a proposal which achieved a court in awarding alimony. viewpoints. They also consensus of the various The road through the demonstrated a higher-than­ viewpoints. Senate was slightly more usual awareness of the On March 12, 1979, then difficult. Unilateral was stripped elements in the Bill and the Representative Tony Scirica, a from the bill on a close vote in progress of the debate. Republican and ranking member the Senate Judiciary Committee, Part of the credit must go of the House Judiciary with the remainder bill reported to the news media, particularly Committee, and I, a Democrat to the floor. the major newspapers. News and Chairman of the Senate Attempts to restore the articles and feature stories Judiciary Committee, introduced unilaterial provision on the floor helped state residents to an identical bill, simultaneously, fell agonizingly short twice in understand the rudimentary in both the Senate and the one day. Time was drawing elements of a complex bill, House.8 short, as the primary election keeping them informed of the Our legislative proposal recess was near. Then we progress of the debate, the key contained four key elements: modified our approach and legislators on both sides of the (1) no-fault grounds for divorce, introduced an amendment which issue, and the strategy and (2) provisions for marital would have allowed for points of contention. counseling, (3) equitable unilateral no-fault divorce after a Major papers consistently distribution of property, and two-year separation, upon a and vociferously urged passage (4) rehabilitative alimony. court determination that the of a divorce reform bill As the debate took shape, it marriage is irretrievably broken. containing the four major was the provision for a unilateral The two-year form failed; but we provisions listed earlier. They course of action that became were successful at getting two ran a series of lengthy, well­ the focus of controversy. In votes to switch by inserting a reasoned editorials focusing on original form, House Bill 640 the needs of Pennsylvanians provided for a unilateral divorce and advocating support for after a one-year separation. unilateral no-fault. Their efforts Strenuous opposition spearheaded by the

20 had the dual effect of keeping However, if the court would to the list of ten factors, the readers informed and determine that there is a including the length of the motivating legislators to keep reasonable prospect of marriage; sources of income and their noses to the grindstone. reconciliation, counseling may employability of each party; the This type of support certainly be ordered for a period ranging contributions of each of the played a significant role in our from 90 to 120 days. After the parties to the marriage, success. expiration of the counseling including a spouse's That, in a capsule form, is period, the court must determine contribution as a homemaker; the history of divorce reform. I whether or not the marriage is and the comparative needs and would now like to highlight the irretrievably broken, and grant or economic circumstances of the major areas of substantive deny the divorce accordingly.14 parties at the time of the divorce change contained in the new The Divorce Code of 1980 or annulment. Marital law. I have already referred to preserved the traditional fault misconduct is not to be the four key elements. grounds by reenacting them considered.19 either as grounds for divorce or No-Fault Divorce The presumption should not as grounds for annulment, with be made that every division will First, we have added two new a few relatively minor changes. be 50-50. It is quite possible that no-fault grounds for divorce. The a division might be 60-40 or Property Division "mutual consent" no-fault 80-20, depending on the ground provides the court with Perhaps the most significant circumstances. And, in an order the power to grant a divorce revision effected by the Divorce distributing marital property, the when (1) a complaint has been Code of 1980 is the section court is required to set forth the filed alleging that the marriage spelling out equitable reasons for th~ distribution is irretrievably broken; (2) ninety distribution of property. ordered.20 days have elapsed from the Surprisi~gly, there was not a Alimony filing of the complaint; and great deal of discussion or (3) affidavits have been filed controversy over this area during An important adjunct is the evidencing that each party the debate, despite its profound creation of alimony. Under prior consents to the divorce.9 impact. law, there was payment of Under the "unilateral" no­ Prior Pennsylvania statutory spousal support only during the fault grounds,10 one party must and common law divided term of the marriage. There was file a complaint and an affidavit property according to title. no provision for alimony after alleging that the parties have Under the new Code, the court divorce and the dependent lived separate and apart for is to distribute the marital spouse was left on his or her three years, and that the property without regard to own. The new law empowers the marriage is irretrievably broken.11 whether the title is held court to grant alimony if one If the other spouse does not individually or in some form of spouse lacks sufficient property deny the allegations in the co-ownership,15 and in such and appropriate employment to affidavit, the divorce may be proportion as the court deems support himself or herself.2 1 granted.12 If the respondent iust.1 6 In determining whether denies any of the allegations, Both parties are required to alimony is necessary and, in the court may grant a divorce submit an inventory and determining the nature, amount, after a hearing at which it appraisement of all property duration, and manner of determines that there has been owned at the time the action payment, the court must a three-year separation and that was commenced.17 The court consider a lengthy I ist of the marriage is irretrievably then determines what is "marital factors.2 2 The criteria include the broken.13 property" and, therefore, what is relative earnings and earning subject to distribution. Marital capacity of the parties; the age, property is defined as all physical, mental and emotional property acquired duting the conditions of the parties; the marriage, with several education and retirement exceptions, including gifts, benefits of the parties; a inheritances, and veterans' spouse's contribution as a benefits.18 homemaker; and the standard of After identifying the marital living of the parties during the property, the court must divide marriage. Marital misconduct, the property equitably according which is not a factor in dividing property, is a factor in determining alimony.

21 The alimony provided under under age 16.31 The court must process did not function the Divorce Code of 1980 is not provide the parties with a list of effectively without all of its intended to be a permanent qualified professionals, but the parts. award, except in special cases. choice of the counselor is left to Finally, I think we must Rather, it is intended to promote the parties,32 and they are not appreciate that the new Code is the economic rehabilitation of restricted to the list supplied by a very flexible instrument, with the dependent spouse. The the court~ 3 The counselor is an ability to be shaped to meet duration of an alimony award is required to make a report stating our various needs. The input and limited to a reasonable period of that the parties did or did not technical expertise of the time for allowing the party to attend the sessions.34 members of the Pennsylvania obtain appropriate employment Bar will play a key role in or develop an appropriate Conclusion determining how the Law will be employable skill.23 applied. I am confident that, as. As with any major legislation In addition, alimony can be we move along, we will continue revising a complex area of the modified or terminated based to have what many law, at this point, we can only upon changed circumstances. commentators have called the be sure of what the language is And remarriage of the recipient best divorce code in the nation. in the Divorce Code of 1980 and party terminates the alimony what the legislative intent is. award.24 Furthermore, '2 Smith's Laws 343. For the purpose of 'Act of March 13, 1815, P.L. 150. cohabitation with a person of implementing the new Law, the 'Act of May 2, 1929, P.L. 1237, 23 the opposite sex, who is not a courts were given the authority P.S. §1, et seq . member of the petitioner's •Act 26 of 1980 §801 (a), effective to adopt rules and practices.35 immediate family within the July 1, 1980 repeals absolutely The The rules of court, together with degrees of consanguinity, Divorce Law of 1929. 5Joint State Government terminates the person's right to the directives which will be issued by the Supreme Court Commission, Proposed Marriage and receive alimony.25 amending the Rules of Civil Divorce Codes for Pennsylvania, June, As with the division of 1961 . Procedures, will have a 8 property, the court is required to 23 P.S. §10. tremendous impact on how the 7The other states are Illinois and state reasons for its denial or South Dakota. 26 Law is applied. award of alimony. 8 H.B. 640 (1979), and S.B. 450 (1979). The Code also contains •Act 26 of 1980 §201 (c). Marital Counseling some gray areas and 10ld. §201 (d). The Divorce Code of 1980 unanswered questions which "ld. §201 (d) (1). "ld. §201 (d) (1) (i). provides for marriage counseling will undoubtedly require years of 13 ld. §201 (d) (1) (ii). where a divorce is sought on the court decisions to attain clarity. 141d. §201 (d) (2). grounds of indignities,27 mutual But I think few people will 15ld. §401 (f). consent no-fault,26 or unilateral '"ld. §401 (d). disagree with the assessment 17 9 1d . §403 (b). no-fault~ The court is given the that the initial turmoil and '"ld. §401 (e). responsibility of notifying the difficulty were a small price to 19 ld. §401 (d). parties of the availability of pay for a modern divorce code. 20 ld. §404. counseling, and either party may It took a very long time to bring "ld. §501 (a). request the court to order about the reality, and there may "ld. §501 (b). 23ld. §501 (c). counseling. Upon such a have to be some adjustments 241d. §501 (e). request, the court must order up made down the road, if 25ld. §507. to a maximum of three experience points up some 28 ld. §501 (d). counseling sessions.30 In shortcomings. But we are at an 27ld. §202 (b). '"ld. §202 (c). addition, the court has the advantage because the bill was 29 ld. §202 (d). ability to order counseling in a comprehensive and brought 30ld. §202 (a), (b) and (c). unilateral divorce where there about all the changes we were "ld. §202 (c). are any children of the marriage seeking. Other states had 32 ld. §202 (d). encountered vexing problems 33 ld. §202 (e). 34ld. §202 (f). because they did it on a 35 ld. §604. piecemeal basis, and the

22 a pennsylvania lawyer looks at china By Senator Franklin L. Kury, '61

Editor's Note: Franklin L. Kury was a State Senator for Pennsylvania's Twenty-seventh District. In the spring of 1979, the Senator and his wife, Elizabeth Heazlett Kury, who is also his law partner, travelled to China. What follows are Senator Kury's observations · and experiences from this trip which were Senator and Mrs. Kury in the Forbidden City, Peking originally presented to the International Law Committee of the Allegheny, Pennsylvania Bar Association in Pittsburgh. The great future of the Chinese people is connected closely with the great future of Establishment of diplomatic relations with the the socialist system. Only socialism can People's Republic of China January 1, 1979 has save China . .. lifted the curtain of isolation from the oldest continuous civilization and the largest national force on the earth. Having long been interested in The Chinese government is quite forward in China, I felt particularly fortunate to have visited promoting its national self-interest. Everything that there in the spring of 1979. That trip has evoked a happens or they permit to happen is determined number of observations that may be of interest to by that self-interest. While the Chinese proclaim lawyers, particularly those who have clients who socialism as their governmental system, they have no hesitancy in seeking help from foreign may want to do business there. capitalist business enterprises. My single, strongest impression of China is The re-emergence of a legal system in China its desire to modernize economically. Our Chinese is a case in point. They need a legal system to hosts were surprising in their frequent admissions attract foreign investors, investment which is of economic "backwardness" and the need for desperately needed in order to modernize. As "modernization." They appeared to be determined Ross Terrill recently observed, to improve their economic conditions. New construction and re-construction was going on Without foreign knowhow, if not foreign everywhere we went. The streets and public investment, China's riches will remain buildings are adorned with billboards and posters essentially beyond the reach of this urging economic development as high patriotic generation. With them, China could have a duty. Visitors leave China with no doubt that the fantastic mineral boom before the year 2000. single, strongest factor motivating the Chinese government and its people is the desire to have what they call "Four Modernizations by the Year The new joint venture code, adopted July 1, 2000-Agriculture, Science, Industry and Defense." 1979, is a result of this concern, but also shows Their drive for economic modernization the self-interest and pragmatism of the Chinese. creates an opportunity for American businesses in Under the "Joint Ventures Using Chinese and China, as well as for American lawyers who Foreign Investment Law," a joint venture between represent these businesses. However, these foreign enterprises and the Chinese may be business and legal opportunities can be incorporated after it is approved by the newly­ consummated only by understanding the realities created Foreign Investment Commission. It must of doing business in China. In fact, doing be assumed that the Chinese government, through business there may be quite difficult. In analyzing the Foreign Investment Commission, is going to these opportunities, there are a number of factors scrutinize joint ventures to insure that they are which must be appreciated. consistent with China's modernization plans. While the Chinese want modernization, they Once the joint venture is approved by the want it under socialism as articulated by their Commission, it is licensed by the General communist party leadership. As Deng Xiaoping Administration for Industry and Commerce of the said recently, Chinese government and all of its activities are

23 governed by Chinese law. It is thus fairly evident that the Chinese government is going to be careful to insure that all economic activities are for its benefit and that nothing which is contrary to its goals will be permitted. The pragmatic aspect of the joint venture code is in the number of important provisions which are left vague and subject to negotiation between the parties. (The entire code is nebulous by American legal standards-it's only two pages long!) For example, the code does not say whether the foreign enterprise can own a controlling interest in the joint venture. On a related point, the law is not clear as to whether the chief executive officer must be Chinese or may be a foreigner. Both of these items appear to be open to negotiation and subject to approval by the Chinese government. My impression of the joint venture code is that it opens the door, somewhat narrowly, for investment that will assist the Chinese in reaching their economic goals. To get inside the door, the American enterprise will have to be as pragmatic and flexible as the Chinese are. Once the joint venture is established and so long as its activities are consistent with their objectives, the venture will receive the support and approval of the Chinese government. Those desiring to do business in China must realize that foreign business entry is by invitation only. If the foreign business project fits into the government's modernization goals, it has a good chance of being invited. If the project does not fit into such goals, there will be no invitation. This party is by invitation only! Foreign businesses gain entry by submitting proposals to the appropriate Chinese government trade corporation and then waiting to be invited. The old slogan "Don't call us, we'll call you" is completely applicable. Having sent a proposal to China, your client must be prepared to wait patiently for a response. If an invitation to discuss the project is received, your client must be prepared to negotiate for protracted periods in China. As a Danish shipbuilder told me in Hangchow, negotiations with Chinese are slow and tedious. They cannot be hurried. You must be prepared to wait and wait and wait! There is substantial profit to be had by foreign businesses in China, but there is also substantial risk. The case of a Pennsylvania business I am familiar with illustrates the point. This company is seeking to build a bituminous processing plant worth $50 million. The company has been working on this project since 1973. It The billboard in Shanghai proclaims the Chinese national goai-"Modernization by the Year 2000 '~

24 has spent approximately $250,000 so far to pursue enterprise to speak of and, therefore, there is no the project. Several of its top executives and need for attorneys. Secondly, the Chinese system engineers have spent 70 days in China for dealing with private rights and wrongs is negotiating, mostly in technological terms. basically without lawyers and is done at the Everything is agreed upon but the price and the community level. Criminal prosecutions are starting date. The company is now waiting to be brought only after a thorough investigation and called back to China to resolve these two issues, the subsequent trials are not of an adversary hoping that this will be sometime in early 1980. nature. Rather, the individual is expected to The "bottom line" is this: If the project is confess and to show his contribution and then , consummated, the company will, by this one rehabilitate himself by proper labor and study. project, get a full year and a half's business in With this kind of legal tradition, it is easy to see ' dollar volume. If the project falls through, the why there are no lawyers practicing in China. company looses its "up front" expenditures of The constitutional system established by the $250,000 and 70 days of executive talent time. Chinese Constitution is also substantially different Businesses, therefore, should not consider trying from our own. The chasm separating the Chinese for China business unless they can afford such constitutional system and ours is illustrated by "up front" risks. Chapter Three of their Constitution, adopted in While the larger multi-national businesses 1978, which is entitled "The Fundamental Rights have obvious advantages in seeking China and Duties of Citizens" (emphasis added). Article business, smaller firms should not necessarily Fifty-Six provides, take themselves out of contention. Smaller business should, I suggest, consider utilizing the Citizens must support the leadership of services of trading companies or representative the Communist Party of China, support the sales agents who do regular business in China. socialist system, safeguard the unification Such firms can provide the least expensive of the motherland and the unity of all contact because they already have contacts there nationalities... for a number of clients. The fact that China is an economically It is my impression that there is freedom of undeveloped country of a billion population does speech only to the extent that Chinese may not mean that there is a ready market for modern debate how best to implement the national goals. American machinery. This was very well illustrated This freedom of speech does not extend very far. in agricultural machinery. At the Canton Trade It does not extend to questioning those national Fair, which I visited, the Chin~se display products goals or the leaders who articulate them. The they manufacture. The Canton Trade Fair this year criminal code contains a broad definition of showed a number of modern agricultural tractors, counter-revolutionary offenses-anything that cultivators and other farm implements, all of them suggests the overthrow of the Socialist System or for export. Yet, I found no such equipment in any the Communist Party. Being charged as a counter­ of the fields although I travelled many miles by revolutionary is the most serious criminal offense. rail and bus through the countryside. All I ever The Chinese government has, however, saw were teams of people plowing, cultivating and adopted criminal and criminal procedures codes working the fields by hand or with a water buffalo. to encourage the talented people whose active The only piece of agricultural equipment I found participation it must have if it is to progress was a two-wheel rota-tiller with an engine that can economically. These people might be reluctant to be harnessed to a portable irrigation pump. participate in the modernization if they believe Why do they proudly display the modern they were subject to the same kind of terror that equipment at the Canton Trade Fair but fail to prevailed during the so-called Cultural Revolution utilize it in their fields? If modern equipment were under the now deposed "Gang of Four." used in the fields, there would be no place to put As Jerome Alan Cohen wrote, the thousands and perhaps millions of farm hands So long as fear of arbitrary action persists who would be put out of work by the modern ... one cannot expect officials to take bold equipment. (This problem is not unheard of in initiatives, scientists to innovate, teachers to America.) present new ideas and workers to criticize the The Chinese legal system is in a fledgling bureaucracy. state. They have no legal experience which in any way resembles our own. First, there is no private In spite of the new legal codes, there is

25 probably little important work for American system appears to be strong. Every impression I lawyers in direct contact with the Chinese. It was received is that the present governmental system told they do not like to deal with foreign attorneys, has broad popular support. People are fed, clothed but, prefer to deal with their clients directly. This and provided with free health care; they have does not mean that knowledgeable American shelter and an opportunity for education. Indeed, attorneys will be without important work to do in all of these are spelled out as rights in the China. There are a small number of American Chinese Constitution. lawyers who have such work. It means that the Businesses going to China must, therefore, work will probably be more business than legal in accept the fact that they will be dealing with a nature. Communist regime which has effective control Pure legal work, however, cannot be ignored. over its population and that that control is going For example, Chinese contracts with foreign to continue for as far ahead as we can see. businesses, I am told, usually contain an There are two major obstacles to increased arbitration clause, even though the Chinese say American business, and, concomitantly, increased they don't like arbitration and will resolve any law practice, involving China. problems by "amicable mutual discussion." The First, China wanted a "most favored nation" arbitration clause may call for arbitration in clause in the trade treaty with the United States. A Stockholm or Geneva. The "catch" is that Sweden representative of the Shanghai Foreign Policy and Switzerland are two countries where the Association told me that they wanted the same arbitrators use the law of the country in which the trading privileges that we gave other countries, action arises, in this case the People's Republic that "we want to develop relations with the U.S.A. of China! based on equalitY:' President Carter submitted a It must be recognized that all westerners will China trade treaty with a "most favored nation" have a difficult time really knowing what is going clause to the U.S. Senate which was granted by on in the Chinese government, even if they the United States on February 1, 1980. understand the language. A Chinese visiting The second obstacle is Taiwan, which enjoys Washington, D.C. who understands English can substantial American investment and some find in great detail what happens in the American political support. The People's Republic of China government on a daily basis by reading the wants to be free to deal with Taiwan solely as an Washington newspapers or by turning on local internal domestic matter. In fact, the preamble to television. In contrast, an American in Peking who the Chinese Constitution declares "Taiwan is understands Chinese may wait months before China's sacred territory." This issue is still finding out important changes in the Chinese unresolved as far as we in the United States are government. This is because the news media and concerned. (On October 30, 1979 the Pennsylvania any information about the government are tightly Senate defeated by a vote of 15-32, Senate controlled. Resolution 210, which called for re-establishing Can you imagine a great official of the formal governmental relations with Taiwan. Thirty­ stature of a Secretary of Defense being killed in two other states, however, have approved similar an airplane crash but his death being unreported resolutions.) for two years? Yet, that is apparently what We must see China as it really is-a highly happened to Lin Piao, a leading military figure organized society, almost a national team of one who was involved in a plot to overthrow Mao Tse­ billion people working towards modernization. It is tung. Business plans in China must, therefore, be a country governed by pragmatic, dedicated based on the assumption that important changes Communists who show amazing flexibility in can take place with little notice to foreigners. pursuing their national self-interest. The over­ There may be sudden changes of personnel riding goal is massive economic development. The fn the Chinese leadership, but the governmental Chinese leaders want to do it their way, but they system appears to be well established. are more than willing to let capitalist business The career of Deng Xiaoping proves how enterprises make a profit in helping them. China rapidly change can occur. He was twice purged by is, therefore, a country that offers substantial Mao but is now considered one of the strongest opportunities to those who approach it with figures in the Chinese government. knowledge of its realities and who deal with them The policy of their government may on that basis. As citizens, and as lawyers serving change as quickly as China's national interest clients, we must be completely pragmatic in changes. But the basic socialist government dealing with the People's Republic of China.

26 Pennsylvania's "Maine" campus by Benjamin Franklin Professor Louis B. Schwartz universities as Brown, Harvard, Princeton, and Wisconsin, who made up the core of the old Three hundred miles by road northeast of Boston, summer colony at Hancock Point. While the a hard day's drive from Philadelphia, one reaches railroads ran, Hancock was an overnight trip from the heart of Pennsylvania in Maine. Here, in the Boston, and the New Englanders at least set the summers, one finds Law School Professors pattern of hard intellectual work combined with Haskins, Krasnowiecki and Schwartz, a somewhat outdoor life in the woods or on the water. As the incredible trio of "downeasters~· Sparkling bays­ next generation grew up, its members wanted Penobscot, Blue Hill, Frenchman's-slash places of their own, which explains why George northward from the easterly Atlantic shore originally acquired his four acres from a family between forest-clad peninsulas. On the peninsulas friend "up the Bay" and built his house there. are story-book towns. In Castine, five great powers Later, about ten years ago, he bought the remains warred over fur trade and sovereignty in the of an adjoining 40-acre used-up farm. Into it he Eighteenth Century, where now elegant summer has put a lot of physical energy to try to bring it "cottages" look out over islands and regattas. back, through mowing and bush-cutting in the Stonington is a fisherman's port, the harbor fields and pruning the small orchard. So far the rimmed with lobster pounds. It looks out on the "crops" are meager, except for apples and blue Atlantic past islands whose quarries supplied the spruce, but he plans to fence for beef-cattle or granite blocks for docks in Stonington and for sheep and to top-off an old cellar with a roof for monumental buildings in Washington. The rusting use as a barn. hoists and tackle still stand silhouetted at the rim The compact four-room cottage which George of the workings. Blue Hill suns itself sedately at designed and helped to build is secluded among the foot of the mountain, white in church and maple, birch and spruce trees and looks out over clapboard mansion, green in expansive lawns, roses and other wild flowers to the pointed firs blue in yacht-dotted water. On Mt. Desert Island, along the salt water shore of the Bay towards the town names like Northeast Harbor ("Philadelphia mountains of Mt. Desert Island. He brings with on the Rocks") and Seal Harbor evoke the aura of him Philadelphia suitcases of work-manuscripts, Rockefeller-rich. Bar Harbor still has its quota of research drafts, books and the like-on each baronial castles not visible from the tourist­ "commute" to or from Philadelphia, whether in the crowded bazaars of Main Street. William Draper summer months or during the school year. It is Lewis, Dean of the University of Pennsylvania Law here that he does most of his writing, on a School at the turn of the century and founder of schedule that includes interruptions for a quick the American Law Institute, which for many years swim in the 55 o Atlantic water, for jogging on a had its headquarters in our Law School, had his dirt road or for the sporadic chores of the axe and "cottage" at Northeast Harbor. In those days of the saw. His stays are not limited to summer elegance, the officers and advisors of the months. In fact, much of his last sabbatical was American Law Institute would meet there to hear spent here, working into December, with warmth Professor Francis H. Bohlen and other Law School supplied by a large fireplace and a wood-fired luminaries report on the Restatement of the Law. kitchen stove, to complete the text of his book So far as the current establishment of Penn (now in press) on the History of the Supreme law professors in Hancock County is concerned, Court under John Marshall. George Haskins was a pioneer. George first came When at Hancock, George is no recluse, even to Hancock as a small child when his father, though he devotes long hours to writing. He is a Charles Homer Haskins, a world-famous professor member of the Maine Bar and the Maine and of medieval history at Harvard, sought a quiet and Hancock County Bar Associations, and he inexpensive summer place where his family could participates from time to time in the section get away from the city and could join the friendly activities of the latter, but has little time for academic conclave of people from such practice. (There is a tale, told with some awe by

Professor "Kras" Professor Haskins Professor Schwartz

27 local people, of how not long ago he drew up a by natives and were on easy terms with them. four-page contract in long-hand with detailed We built our house, Blueberry Hill, on specifications and penalties for non-performance, fourteen acres of blueberries, woodland and "which, you won't believe, he actually got the hayfield on the shore of Salt Pond, an arm of Blue parties to sign, notarize and put on record!") He Hill Bay. Its unpainted spruce siding does not has served by appointment of the Selectmen of clash with the rural setting. A glass wall and deck, the Town on more than one official committee, not seen from the highway, look out on ancient and he has helped to prepare and to write the stone-walled pasture, salt water, wooded islands official Town History 1828-1978, when the 150th of the bay, and the mountains of Mt. Desert on anniversary of its founding was celebrated two the horizon. On Salt Pond also dwell a seal and an years ago. Most of the people he sees are the eagle. year-round residents rather than the summer The rhythm of our life is law, music, "rusticators." Hence, he is likely to turn up at town gardening, and baking. This past summer, I meetings, fire department suppers and the like. polished off a paper on Antitrust Law and Trading Since he has no boat of his own, and since local with Sta1e-Controlled [i.e., communist] Economies. tides and currents are treacherous, he seldom I also wrote a piece on reform of the federal goes out on the water, even though he has long criminal code, published in The New Republic of had a lobster license. But, if need be, he takes the July 26. An analysis of alternative sentencing tiller of a friend's schooner in a bit of a blow and systems was carried through first draft. In navigates by courses and buoys, as steamboat addition, I worked on briefs in a New Jersey captains taught him when he was a boy. Supreme Court case involving antitrust issues. If the Pennsylvania colony were simply a Mimi has a spacious painting studio with the summer resort community, it might not be worth view described above. I practice Telemann, Bach, reporting. It is not. Jan Krasnowiecki and his Handel and Mozart on the recorders. Gardening family live in Brooklin year-round, so that he must involves research and immense labor. One "commute" to the Law School in Philadelphia researches what fruits, vegetables, shrubs and during school term. Jan brings briefcases of work perennials will survive the rugged but beautiful from Philadelphia but is more often preoccupied winters and mature before September classes. on weekends with the endless maintenance One digs deep beds in the rocky soil, stuffs them chores of a couple of old farmhouses and ten with rich compost (partly composed of algae somewhat run-down acres of blueberry, woods, gathered on the beaches), and edges them with and hay. He has qualified as a member of the large well-shaped stones dragged in from t,he field Maine bar. Sally was on the local school board or nearby gravel pits. Chemical warfare is waged and confounds the "from away" types when she against bugs eager to get at the tomatoes, appears after a day's rough toil on Ruppert's cauliflower, broccoli, peaches, cherries and Christmas tree farm, ready to tend the pigs and apples. Brush must be kept down in blueberry chickens or to freeze fresh vegetables. The fields and woods, entailing sweaty and wary children grew up there. Son Mike, now in the relations with sputtering, malevolent chain saws Marines, was married at Blue Hill. Molly clerks at and brush cutters. Raking blueberries Merrill and Hinckley's general store. Young Sally commercially is generally a task for local or waits on tables at the Sea Gull restaurant. The Canadian Indian crews. Gathering a few quarts of rest have tried their hands at blueberry raking, one's own is a lesson in patience and insect­ clamming, woodchopping. Jan and his mother repellants. Baking bread is the latest hobby. exhibit their paintings at local art shows. The Law is not the only Penn faculty represented Krasnowieckis moved to Maine in 1972, after in this region of Maine. Leonard Meyer, Benjamin being won over by vacationing on Deer Isle. Franklin Professor of Music and Culture, summers The Schwartzes summered on Martha's at Manset on Mt. Desert. Neil Welliver, head of the Vineyard Island off of Massachusetts before painting department of the Graduate School of becoming "Maineacs:' Martha's Vineyard Fine Arts, lives and works at Lincoln Center on eventually seemed too suburban, too chic, too full the west side of Penobscot, in an ancient hand­ of the standard mix of academics, lawyers, crafted farmhouse deep in the woods. University psychiatrists, and tennis players. One taste of Archivist Jim Dallett can practically step from his rural Penobscot converted us. Here was country cottage on the shore of Naskeag Point at the with its own identity and with an economy bottom of Eggemoggin Reach out into islands (lumbering, blueberries, the sea harvest, crafts, bearing names like Devil's Head and Smutty Nose. and, of course, real estate brokerage) other than Caleb Foote, Alumnus and former Penn law tourism. The few passing cars bore Maine rather professor now at Berkeley, shares a family than out-of-state registration plates. People "from cottage at Southwest Harbor. away" were slowly moving in, some having been But why am I raving so? We don't want you for generations in the handsome towns; but they to come to Hancock County, Dear Readers. We maintained a low profile, were vastly outnumbered like it just as it is. t

28 If

I I responding Alumni are engaged in non-legal work, either in business or with the government; and I nearly 3% are teachers (2.1% in legal education, I THE QUESTIONNAIRE: and 0.5% in other kinds of education). Only 1.7% I RESULnAND of the respondents identified themselves as I engaged full-time in "public interest law" (of course, that does not reflect the number of Alumni I • COMMENn doing that kind of work on a part-time or pro bono basis); and 0.9% are serving judicial clerkships. In short, while our Alumni are engaged in varying ' occupations, three-quarters work full time in the I By Associate Dean and Professor servicing of private clients (the 67.7% in private I Robert A. Gorman practice plus the 7.8% in corporate legal departments). I I In October 1979, a detailed questionnaire was That statistic, of course, masks the many distributed to all living Alumni of the Law School. different kinds of legal work done for those private I They were asked about their present work, their I clients. Another set of questions made clear was reasons for coming to the Law School, an thatthe great bulk of our Alumni devote a I appraisal of their legal education, their "significant portion" of their time (i.e., 25% or suggestions for improvement, and a number of more) to a number of practice specialties. Perhaps : other matters. The response to the questionnaire surprisingly, the largest group (37.8%) are : was unexpectedly high and was extremely significantly engaged in litigation. 24.5% of the gratifying (some 1400 responses were received respondents stated that they devoted a significant I from the some 6000 questionnaires mailed). We portion of their time to corporate work (the 9% ! can now begin to develop some systematic who made the same statement about securities insights into the kind and the quality of the work presumably included themselves within the !: educational experience offered at the Law School corporate category as well). 21.5% said the same over the past few decades. Although many for their work in the real estate field (also responses were received from Alumni who presumably included in this category are the 6.9% attended the Law School during or before the claiming to do significant work in the "property" Second World War (the earliest years represented area). Closely behind and in nearly equal are 1908, 1914, and 1917), 87% were received from proportions are those who devote a significant Alumni since the Class of 1946, and 80% since portion of their time to commercial law (17%, i the Class of 1950. Two-thirds of the responses presumably including the 3.1% specializing in came from Alumni attending the Law School bankruptcy) and those who specialize in trusts since 1959, and those are divided rather equally and estates (16.9%, presumably including the ,, between Alumni of the 1960s and Alumni of the 13.3% who also mentioned probate work). That 1970s. Because of the number of responses from these figures add up to more than 100% simply I Alumni of those two decades and because of their means that many respondents regard themselves relative proximity in time to the Law School of as specialists in more than one field; most I today, those responses will be of particular obviously, for example, the person significantly relevance to an appraisal of the current school; engaged in personal-injury litigation would so but the views of all of our Alumni are being indicate under both substantive categories, as tabulated and will be reported in due course. At would the person devoting half of his time to the moment, there has been little opportunity to corporate work and the other half to trusts and break down the data from the questionnaires into estates. small time units, and the figures that are Roughly 10% of the respondents stated that recounted below are drawn from the total number they devote a significant portion of their time to of responses. In spite of their "grossness," they the following fields: administrative law (12.1%), tell us much of interest about our Alumni and our taxation (11.5%), personal injury (11.4% perhaps Law School, and they suggest the kind of useful overlapping somewhat with the 4.9% mentioning information the questionnaire has unearthed, with the medical-legal area), family law (9.5%), even more useful information forthcoming in later securities (9%), and criminal law (8.9%). If it is stages of the project. proper to extrapolate from these figures so as to Alumni were asked to indicate the kind of include all of the Alumni who did not respond to full-time work in which they are currently engaged. the questionnaire (there rs no way to know what Not surprisingly, the largest proportion of Alumni characteristics distinguish those who did not by far (67.7%) were engaged in the "private answer the questionnaire from those who did, but practice of law:' 8.2% are working with a on this particular question a direct extrapolation government agency; and 7.8% are employed in a will probably not go too far wrong), it can be said corporate legal department. 4.2% of the that somewhere between 500 and 700 of our

29 Alumni devote a significant portion of their time to The tasks of drafting documents and of the six fields just mentioned. Roughly half that negotiating cut across most substantive fields of number would be specializing in the following law, so it is not surprising that nearly two-thirds of fields: antitrust (6.9%), property (6.9%, in this the respondents claimed they devote a significant somewhat vague category), municipal law (6.6%), amount of time to them. If one combines the labor (5.6%), medical-legal (4.9%), and insurance 47.2% who devote significant time to litigating (4.5%). Other specialties mentioned ran from and the 22.8% who devote significant time to legislative work (3.8%) through international law, administrative proceedings-and if one discounts bankruptcy, civil liberties, environmental law, a bit for the possible overlap and for the utilities, patent, trademark, copyright, workman's possibility that some of the time of these compensation, welfare, oil and gas, admiralty, and respondents is devoted to litigative-negotiating military law (0.4. %, or 5 respondents). rather than to "true" litigation-between 50% and It will be interesting to compare these 60% of the respondents significantly employ statistics to those for the American bar generally litigative skills, either before a judge and jury or and, if available, to those for Alumni from other before an administrative agency (although it designated law schools. It is likely that with minor should be noted that only 37.8% of the percentage differences, the profile of our respondents said that they devoted 25% or more Alumni-with its heavy emphasis on litigation, of their time to litigation). Although the skills of corporations, real estate, commercial law, and research and memorandum writing are given great trusts and estates-is typical. (The somewhat attention in the Law School-and in American law fewer persons specializing in such fields as schools generally-it is interesting that personal injury, family law and criminal law may discernibly fewer respondents mentioned these as be lower than the national average.) The Law skills significantly utilized in their work than the School exposes all of our students to these skills of counseling, drafting, negotiating and subjects, in part through required first-year litigating (more commonly slighted in American courses and in part through heavily subscribed law schools); 42% and 35% mentioning those two upper-level elective courses. "academic" skills is, h"owever, by no mean It is questionable, however, whether any other insignificant. conclusions should be drawn from these statistics So much, for the moment, for the in designing our curriculum, other than that professional profile of our Alumni. Their general advanced courses should be regularly available in feelings about the Law School and their overall these fields into which so many of our students appraisal of their legal education are also will ultimately travel. To require, for example, that interesting to recount. For example-allowing more intensive work be done in all of these again for multiple answers-61.3% remember the "major" fields by all of our students may have the Law School with respect, 53.5% with pride, 53.2% dual deficiency of forcing too many of our with appreciation, and as many as 38.7% students-having diverse interests and diverse remember it with affection. (To me, that last career tracks in mind-into an uncomfortable statistic is especially noteworthy, given the extent common mold, thus requiring the mastery of to which an institution can be impersonal and a substantive particulars which are quickly forgotten professional education can be trying if not or soon obsolescent. occasionally demoralizing.) Not surprisingly, Somewhat more tantalizing, in pursuing others-but happily many fewer-had a more curricular implications, are the figures regarding negative recollection. 22.1% acknowledged the legal skills "utilized in significant degree" by "mixed feelings" about their days at the Law our Alumni: counseling clients (67.5%), drafting School; but only a rather small proportion legal instruments and documents (62.2%), expressed irritation (6.5%), pain (5.2%), negotiation (61.7%), litigation (47.2%), research indifference (3.4%), or outrage (!) (1.9%). Further (42.1 %), memorandum writing (34.7%), and analysis of the questionnaire data will make it administrative proceedings (22.8%). (Further possible to determine whether these latter analysis of the data will match up subject-matter negative categories are overlapping in specialties with particular legal skills.) The high composition (i.e., whether there were only some figure for client counseling corresponds, of 7% disenchanted or as many as 17%) and, more course, to the high proportion of our Alumni who interestingly, to determine the different mix of are engaged in the private practice of law or who feelings among mc;>re recent Alumni and among work in a corporate legal department. Alumni of ten or twenty years ago (and earlier). I Interestingly, only 34.2% of the respondents suspect we will find that the memories grow (answering a later question in the questionnaire) warmer and happier as the years go by! said that the Law School should give "great It will also be interesting to trace through emphasis" to instruction in counseling and time the respondents' characterization of interviewing (although another 32.9% stated that relationships between the students and Faculty. In these subjects should be given "some emphasis"). the total return of some 1400, it is remarkable how 30 the figures confirm what most of us within the that on a downward-moving scale of quality, Law School community have discerned over the 28.7% stated that the Law School performed years: a friendly and supportive relationship "outstandingly" in fulfilling its responsibilities to between Faculty and students. The very high prepare the respondent to understand and handle proportion of 83.8% stated that during their days current legal problems, while another 46.5% at the Law School, the relationship could be believed that the School had performed "well:' Of characterized as either warm, free and informal the remaining one-quarter of the respondents, (18.4%), or cordial but relatively formal (63.8%). 20.1% ranked the Law School as "satisfactory" in Some 12.1% characterized the relationship as this respect (comparable, one supposes, to the "indifferent,'' and-happily-only 2.7% said it was current grade of "qualified" at the Law School), "uneasy, suspicious" and 1% (13 persons) found it while only 4.6% gave a rating of "poor." In spite of "antagonistic." In characterizing relationships this overall affirmative appraisal, more specific within the student body itself-i.e., whether the questions elicited more specific statements about atmosphere was principally competitive or perceived "shortfalls" in legal education at the principally cooperative- the overall responses tip Law School. toward the competitive (not altogether surprising, I It would protract this essay unduly to should say). 24.1% found such relationships "very reiterate all of the data emerging from these more competitive"; 44.8% found them "somewhat specific questions; there will be an opportunity to competitive"; 3.3% found them "indifferent"; do so in a more detailed report in the future. 14.3% found them "somewhat cooperative"; and Suffice it to recount here some particularly 13.3% found them "very cooperative:' There is no interesting Alumni appraisals. For example, 91.7% doubt that there is "competition" in the Law asserted that the Law School should give great School, but that alone does not mean that the emphasis (as distinguished from some emphasis, competition is "unhealthy"; for many, the little emphasis, and no emphasis) to training in stimulation that comes from the "friendly "thinking like a lawyer" (i.e., the ability to read competition" of one's classmates is what makes cases, handle legal doctrines, and employ the law school an exciting learning experience. (In techniques of legal analysis); 83.6% believed that another part of the questionnaire, Alumni were the Law School in fact did give great emphasis to asked to rate the contribution to their legal this skill, with another 15% believing that it gave education made by "competition with other some emphasis. Basically, then, with respect to students"; some 45% stated that this made a instruction in this skill, the Law School pretty well large contribution or some contribution, while lived up to the normative designs of our Alumni some 38% thought that such competition made with hindsight. With regard, however, to every no contribution or was actually harmful.) other skill or subject matter in a list of fourteen, The Law School fared rather well in certain the actual legal education fell short of the desired comparisons made by the Alumni with other legal education. In some instances, it was institutions. Thus, when asked to compare the drastically short. (This tough-minded assessment general quality of teaching at the Law School to should, it must be remembered, be placed in the that at their college, 58.7% concluded that the context of an overwhelmingly affirmative Law School was better, 28.5% that it was about impression of the Law School's role in preparing the same, and 12.9% that it was worse. When the respondents to deal with current legal asked whether they believed their legal education problems, and a yet more affirmative impression at the University of Pennsylvania was better or in comparing Pennsylvania's legal education to worse than that of their peers from other schools, that at other law schools!) 66.8% believed that it was better (a very pleasing For example, 51.4% thought that law school statistic indeed, since so many of our Alumni should place great emphasis on teaching work in private law firms, corporate legal substantive legal doctrine (and a total of 96.3% departments, and government offices populated believed there should be "great" or "some" by alumni of the nation's best law schools), 30.7% emphasis), while only 44.2% believed that the Law believed it to be about the same, and only 2.5% School did in fact place great emphasis on such believed it to be worse. doctrine (and a total of 90% believed that great or A substantial number of questions in the some emphasis was in fact accorded it). With Alumni questionnaire, with varying degrees of respect to instruction in procedural legal doctrine, specificity, asked the respondent to point o.ut the the "should/did" ratio is 38.8 to 24.2 (counting only strengths and weaknesses of their legal the answers mentioning "great emphasis" and education. Much of that data-perhaps the most ignoring for the moment the combination of "great important that the questionnaire can provide-has emphasis" and "some emphasis"). Although one already been processed and can be summarized would assume that the Law School does some of here, but much of great interest is yet to come, as its best work in training in legal research and we record and process later portions of the legal writing, here too the school is perceived to questionnaire responses. We know, for example, fall short of the mark: 63.2% answered "should" 31 and only 27% answered "did" with respect to rather than good-old "preventive lawyering:') great emphasis on legal research; and 66.3% Finally, there were similar scores on the last-listed answered "should" and only 17% answered "did" skill, "ability to choose which goals should be with respect to legal writing. Surprisingly, at least achieved;' with a ratio of 12.2 to 4. to this observer, only 21% of the respondents These figures are intriguing, and invite much believed that law school should give great further analysis and correlation. One thing they emphasis to legal philosophy and theory (with show is that in rank-ordering what law schools some 32% believing that this worthy study should should be teaching about, there is probably not be given little or no emphasis in law school!); yet too great a disparity between practitioners and even here, there was a perceived shortfall, with legal educators; and Alumni ranked in descending only 14.2% believing that the Law School in fact order "thinking like a lawyer;' legal writing, legal placed great emphasis on legal philosophy and research, substantive legal doctrine, and legal theory, and a rather substantial 46.8% believing ethical standards. As to actual objective that the Law School in fact gave that subject little performance in these areas, however, our Alumni or no emphasis at all! Regrettably, the gap find modest to substantial weaknesses. On a wide between norm and fact was greater yet on the range of other matters, moreover, there appears to very important matter of treating "legal ethical be a disparity of view between our Alumni and the standards": 44.8% believed these standards curriculum at most American law schools (our should be given great emphasis and another own included), for-as measured by the "great 42.7% (for a total of 87.5%) believed it should be emphasis should be given" and "some emphasis given some emphasis, while it was concluded that should be given" answers-some two-thirds or the Law School, in fact, gave them much less more of our Alumni would emphasize oral emphasis (9.2% thought there was great advocacy (85.5%), trial practice (73%), emphasis and 31.9% thought there was some communications skills (71.2%), investigating emphasis). It will be especially interesting to trace (66.7%) and negotiating (62.7%), to a significant this statistic over the past decade, as the Law degree. School has made a much more vigorous Indeed, when the questionnaire posed effort-including a course requirement-to deal another query- "Check any suggestions below with matters of legal ethics and professional which you would make for improving your own responsibility. education at the Law School" -by far the most ·Not surprisingly, when one passes to a popular responses were that the Law School catalogue of legal skills (as distinguished from should be more oriented to the practical problems subject matter), the Law School's shortfall is encountered in practice (mentioned by 63.1% of perceived to be particularly great. As to oral the respondents, in a possible multi-answer advocacy, the ratio of "should give great context), and that the School should add forms of emphasis" to "did give great emphasis" is 31.9 to training other than course work (50.8%). Trailing 5.9. As to trial practice, the ratio is 22.9 to 1 (with behind were such suggestions as the more 82.1% stating that the Law School placed I ittle or frequent use of interdisciplinary approaches no emphasis on this skill). As to communication (23.4%), greater emphasis on traditional areas of skills (including counseling and interviewing), the the law (20.3%, a prescription which in some ratio is 36.3 to 1.3. As to negotiating, the ratio is respects runs counter to that immediately 25.9 (although some 15% thought that the Law preceding), the introduction of new course School should not attempt to teach this at all) to materials in established courses (18.8%), and the 0.9 (with some 55% believing that the Law School introduction of new elective courses (14.2%). gave that skill no emphasis at all). As to The questionnaire elicited some interesting investigating the facts of a case (a skill that is material concerning the reasons that students possible, but very difficult, to learn in a law school enroll in particular courses or seminars. By far the setting), the "should/did" ratio was 27.4 to 5.1. most significant factor, not surprisingly, is a Somewhat surprisingly, the skill which the Alumni genuine interest in the subject (68.7% rating this p!aced lowest on the "great emphasis" scale was as of great importance, and 24.8% rating it of the "ability to use legal techniques to achieve some importance), followed by a belief that the policy goals"; only 11% thought that this should teacher (regardless of subject matter) would be be given great emphasis (and only 4.4% thought stimulating (37.2% considered this of great that great emphasis was in fact given). Although importance and 39.1% thought it to be of some using techniques to reach objectives is a practical importance). Two "real world" pressures also (and analytically creative) task which lawyers accounted for course preferences but, commonly confront-"planning" might be another interestingly, in considerably lesser degree than name-nearly 20% believed that this should be the two factors already mentioned. 59.4% given no emphasis at all in a legal education. mentioned as of great or some importance "not (Perhaps the term "policy goals" made many of genuinely interested in subject matter, but felt it the respondents think about legislative activity would be useful later in my career"; and 35.8%

32 mentioned bar-examination requirements. Happily place. Respondents were asked to mention the (from the perspective of this observer), reasons which played a significant part in their respondents said in substantial rneasure that no decision to come to Pennsylvania rather than to importance at all was given to such factors as some other law school. (More than one reason convenient class hours (73.3%), an anticipated could be selected.) The responses are gratifying. light workload (85.3%), and the instructor's 75.3% mentioned the "quality of the Law School" reputation as an easy grader (92.2%). and 47.1% mentioned "prestige." A significant The final matter of educational significance proportion of the respondents were preoccupied that can be discerned from our early questionnaire with geography, either because they expected to results is the extent to which a number of specific practice in Pennsylvania (33.9%, a figure which is factors (such as faculty, individual study, student likely to have changed through the years) or comments and the like) contributed to the because they were attracted to the Philadelphia respondents' legal education. (The precise figures area (an enlightened segment of American youth here will require some special analysis, in view of which is hopefully on the increase). 20% said that the significant number of respondents who, on the size of the Law School played a significant particular factors, answered "no opinion" or "not part in their decision to come here, 17.3% applicable.") "Faculty in classes" was mentioned acknowledged that they were not admitted to by some two-thirds of the respondents as having other schools which they would have preferred, made a "large contribution" to their legal and 16.6% referred to better financial aid offerings education (with some 95% concluding there was than from other law schools. Other factors either a "large contribution" or "some mentioned were "springboard for the type of job I contribution"; the other significant options being wanted after graduation" (10.5%), "a parent or "no contribution" and "harmful"). Ranked almost relative attended this school" (8.5%), course as high (some 59% considering it very important) offerings were more suited to the applicant's was "reading and other study for classwork." needs than at other schools (6.1 %, divided almost Some one-third of the respondents mentioned the equally between those thinking that socratic method and informal student discussion Pennsylvania's program was more professionally as making a large contribution to their legal oriented and those thinking it was more social­ education (with only some 12% giving that kind of problem oriented), job opportunities while in weight to "remarks by other student in class"); school (5%), and the attraction of certain and nearly one-third placed great weight upon professors at the school (4.4%). (It would be faculty in seminars and the general atmosphere at interesting to attempt to learn how law school the Law School. Interestingly, somewhat less than applicants develop impressions regarding the 20% of the respondents believed that small faculty and the curriculum at the various law classes made a large contribution to their schools to which they apply.) education, and the same was true regarding In the portions of the questionnaires which "independent study not part of formal class have not yet been computer-analyzed, the Alumni preparation" (with roughly the same numbers in will present their views on such matters as the support of the proposition that these two factors courses they found most valuable (and least made no contribution at all). valuable), the wisdom of requiring enrollment in Although a number of other factors were particular courses beyond the first year, possible mentioned as contributing significantly to the improvement in teaching methods, advice to respondents' legal education, it might be worth present day Law School students in planning their noting those factors which were thought by more course program, the benefits derived from seminar than an imperceptible number of students to have study and clinical work, the extent to which been harmful influences: some 10% mentioned students worked at part-time jobs during law "competition with other students" (roughly equal school (and the extent to which that interfered to the number who said that such competition with their studies), and many other issues of made a large contribution to their education); interest and importance. If there is yet further some 6% mentioned the socratic method; and interest and support from among the Alumni, it some 5% mentioned the general atmosphere of should be possible to break down the data along the Law School. It will be interesting to do a "time the lines at least of field of specialization and scan" with the computer, for the purpose of number of years since graduation from the Law determining whether the weight given these School, in an effort to discover correlations of various factors by students over the years has special significance and the evolution of student materially changed. attitudes. When this study is completed, it is likely Having derived some profile of Alumni that we shall know a great deal more about our attitudes about the Law School upon their arrival, students and Alumni, and about the institution we it might be pleasant and informative to close with call the University of Pennsylvania Law School. It some data about why the Alumni chose to is to be hoped that we can derive some helpful become members of the student body in the first suggestions for improving the quality of legal education at the School. 33 The Faculty Vice-Dean Phyllis W. Beck was development of the nominated by Pennsylvania Massachusetts legal profession Governor Dick Thornburgh to be in Boston next spring. a judge of the Superior Court of Pennsylvania. Professor Noyes E. Leech continues as General Editor, Assistant Professor Stephen B. with Professor Robert A. Burbank is serving as Mundheim, of the Journal of Coordinator of the Legal Studies Comparative Corporate Law and Seminar, a series of meetings Securities Regulation. He is throughout the year at which working on the 2nd Edition of papers prepared by members of The International Legal System the Faculty or of the faculties of (edited with Professors Oliver other law schools are discussed. and Sweeney). Professor George E. Frug Mr. Leech participated in published an article "The City the annual seminar of the As A Legal Concept" in 93 International Faculty for Harvard Law Review, 1057, April, Corporate and Capital Markets 'Professor Howard Lesnick and 1980. Law in Rio de Janeiro, Brazil, in his family are living in New York July, 1979, and in Brussels, for two years while his wife, Belgium, in July, 1980. From Carolyn Schodt, does course April to June, 1980, he was work for a Ph.D. in Nursing. He Visiting Professor at the Faculty is Visiting Professor of Law at of Law, University of Geneva, New York University. Switzerland. Dr. Richard G. Lonsdorf Professor Leech delivered completed a two and one-half lectures on Corporate Law and year term as President of the Securities Regulation !o Mental Health Association of business students at Ecole de Southeastern Pennsylvania in Commerce de Rauen, France, June, 1980. He is awaiting his May 8, 1980 and to law students term as President of the at Faculte de Droit et des Philadelphia Psychiatric Society Sciences Economiques de to begin in January, 1981. Rauen, France, May 9, 1980. He lectured to students in Law and Professor Robert H. Mundheim Economics at the lnstitut was elected Director of The First Associate Dean and Professor Universitaire de Hautes Etudes Pennsylvania Corporation and Robert A. Gorman has been lnternationales, Geneva, The First Pennsylvania Bank. He appointed as the United States Switzerland on May 30, 1980. Mr. is the General Editor, with Representative on the Leech also delivered a series of Professor Noyes E. Leech, of the Administrative Tribunal of the four lectures to lawyers, Journal of Comparative World Bank. members of the Association Corporate Law and Securities Genevoise de Droit des Affaires, Regulation. In July, 1980, Mr. Professor George Haskins' in Geneva, Switzerland, on May Mundheim attended the annual volume of the official History of 21 and 28, and on June 1 and 18, seminar of the International the U.S. Supreme Court, John 1980. Mr. Leech was the Law Faculty for Corporate and Marshall: Foundations of Power School nominee on the Board of Capital Markets Law, in is now formally listed for fall Trustees for Community Legal Brussels, Belgium. publication. However, his Services of Philadelphia. He also On September 9, 1980, personal guess is for early 1981. taught a short course in Professor Mundheim was He spent much of the summer International Law to diplomatic presented with the Alexander preparing the basic materials for trainees from the United Arab Hamilton Award, the highest a new book on the English Emirates, March 31-Ap''ril 3, 1980 Treasury Award: church courts and their as part of a program under the As General Counsel of the influence on American legal University's Middle East Center. Department of the Treasury, development. Recently, he for having served the last received an invitation to three years with participate, with a written outstanding competence address, in a conference on the

34 Alumni Briefs and energy as a senior '27 J. Glenn Benedict has been policy advisor and the chief selected as the Volunteer of the legal advisor to two Month for his involvement in the Secretaries of the Treasury. Chambersburg, Pennsylvania He played a leading Area United Way. role in the drafting, passage '30 John I. Christ of Wellsboro, and implementation of two Pennsylvania, was recently the major new Federal guest of honor at a retirement guarantee programs: the party honoring his 50 years of New York City Loan service to the legal profession. Guarantee Act of 1978 and the Chrysler Corporation David F. Kaliner of Philadelphia, Loan Guarantee Act of has become counsel to the 1979. He was responsible newly-merged firm of Ominsky, for the administration of the Joseph & Welsh, P.C. Federal anti-dumping and '31 Bernard G. Segal of countervailing duty statutes Philadelphia has been re-elected during the critical period First Vice-President of the Professor Louis B. Schwartz preceding the enactment of American Law Institute Council testified before the Antitrust the Trade Agreements Act at the All's 57th Annual Meeting Sub-committee of the House of 1979. He supervised the held in Washington. drafting of the orders and Judiciary Commission on '34 Hon. Edward J. Stack of Fort documents implementing September 9, 1980 against the Lauderdale, Florida is a member the voluntary wage price "Bell Bell" which lifts a consent of the U.S. House of guidelines in 1978, the decree against AT&T's going into unregulated businesses. His Representatives for the 12th blocking of assets of the paper, "Antitrust Law and Trade Congressional District. He is a Iranian government in 1979 with Centrally Planned member of the Human after the seizure of Economies," delivered at the Resources and Education American hostages and the Interface II Conference in Committees. credit restraint program in Posnan, Poland, June 1980, is '35 Louis J. Gottman has been 1980. soon to be published by The He participated in the chosen a member of the resolution of a series of Antitrust Bulletin. committee which will guide the complex banking, securities Professor RalphS. Spritzer will United Way's new Planned and market questions, and be in charge of the Fall seminar Giving and Endowment Program. streamlined the working of program of the Appellate Mr. Gottman is a partner in the one of the largest legal Judges' Conference of the Philadelphia firm of Wolf, Block, operations in the Federal American Law Association Schorr & Solis-Cohen. Government. The quality which will be held next year at '37 Robert L. Trescher has been and results of his efforts this Law School. Members of re-elected to a second term as have been in the highest the Penn Law Faculty will Vice-President of the University tradition of the Department conduct four three-hour sessions of Pennsylvania Board of and of the standards of its dealing with subjects of current Trustees. He is a senior partner first Secretary. concern to State and Federal and Chair of the firm of appellate judges. Montgomery, McCracken, Professor Clyde W. Summers Walker & Rhoads. was elected to membership in '38 Sylvan M. Cohen of the American Law Institute in Philadelphia is Chair of a May, 1980. 23-member committee chosen to guide the United Way's new Planned Giving and Endowment Program. M. Carton Dittman, JR. of the Philadelphia firm of Ballard, Spahr, Andrews & Ingersoll, is a member of the United Way's new committee to guide their Planned Giving and Endowment Program.

35 '49 Marshall A. Bernstein of Philadelphia is serving his second year as President of the Law Alumni Society of the Law School. Dean Emeritus and Professor Murray L. Schwartz of the U.C.L.A. Law School was the recipient of the University of Pennsylvania Law Alumni Society Award of Merit at the Annual Meeting of the American Bar Association in Honolulu, Hawaii, in August, 1980. (See Symposium) '40 Frank C. P. McGlinn of Edward W. Mullinix of Haverford, Pennsylvania, has Philadelphia heads a been promoted to Senior Vice coordinating group of the President of Philadelphia's American Bar Association, implemented to study the Western Savings Bank. He has counseling to those wishing assumed responsibility for the impact of the 'Big Case' on litigation costs and delays. guidance and direction towards Marketing/Business better management of their Development Department, a new Marvin Schwartz of New York, personal matters. department which comprises represents the American College marketing services; public of Trial Lawyers in the American '52 Ira B. Coldren, Jr. of relations; and consumer, Bar Association's coordinating Uniontown, Pennsylvania, has corporate and institutional group studying the impact of been elected Secretary by the business development. court costs and delays in 'big Board of Directors of the cases'. Pennsylvania Bar Institute for '41 Wilson Stradley of Stradley, the 1980-81 term. He is a partner Ronan, Stevens & Young '50 Judge Francis A. Biunno of in the firm of Coldren & Coldren. announced the relocation of the the Philadelphia Court of firm to One Franklin Plaza, Common Pleas, spoke before '53 President Judge Edward J. Philadelphia. the Reprographic Association of Bradley of the Philadelphia Court of Common Pleas, has '43 Bernard M. Borish of Greater Philadelphia. been named to the Advisory Philadelphia has been elected to Hon. D. Donald Jamieson is now Council of the Temple University the Board of Directors of the a Vice-President of the Citizens School of Business American Judicature Society. He Crime Commission of Administration. Judge Bradley is First Vice-President of the Philadelphia. He is a member of delivered the State of the Law Alumni Society of the the Philadelphia's firm of Judiciary Address at the 22nd University of Pennsylvania Law Mesirov, Gelman, Jaffe, Cramer Annual Bench-Bar Conference in School and is a partner in the & Jamieson. Atlantic City, New Jersey, firm of Wolf, Block, Schorr & '51 Donald M. Collins is September 26, 1980. Sol is-Cohen. a partner in the Philadelphia firm Thomas N. O'Neill has been '48 John Merwin Bader, of of Stradley, Ronan, Stevens & elected to the Board of Wilmington, Delaware, has been Young. Managers of the University of awarded a certificate in Civil Pennsylvania Museum. He is Trial Advocacy by the National George S. Webster has been also serving on the Board of Board of Trial Advocacy, appointed Western Savings Governors of the Pennsylvania Washington, D.C. The NBTA is a Bank's new Personal Financial Bar Association. private agency which identifies Consultant. At Western's Mr. O'Neill is a partner in lawyers who, by experience, Philadelphia office, Mr. Webster the firm of Montgomery, recommendations and by is available to give free financial McCracken, Walker & Rhoads, passing a written examination, Philadelphia. have demonstrated particular qualifications in the trial of court Arthur A. Peters, Jr. has been cases. appointed to the Board of Directors of the First National Bank of Danville, Pennsylvania.

36 '57 Richard Kirschner announces '65 Sheldon N. Sandler, a partner the relocation of his labor law in the Wilmington, Delaware, law firm of Kirschner, Walters & firm of Bader, Dorsey, & Willig to 1429 Walnut Street, Kreshtool, is Chair of the 11th Floor, Philadelphia. '63 Michael J. Rotko, of Stephen I. Richman of Philadelphia, has been named to Washington, Pennsylvania, has the Advisory Council of the published an article in the Temple University School of August 1980 issue of Chest, the Business Administration. He is a Journal of the American College partner in the firm of Rotko, of Chest Physicians, entitled Kurland & Bockol. "Meanings of Impairment and Faith Ryan Whittlesey has Disability: The Conflicting Social joined the Philadelphia firm of Objectives Underlying the Wolf, Block, Schorr & Solis­ Confusion." Mr. Richman is a Cohen. She is Vice-chair of the partner in the Washington firm Delaware County Council and is of Greenlee, Richman, Derrico & a former member of the Irwin Edward Robinson of Posa. Pennsylvania House of Philadelphia, has been admitted, '59 Jack A. Rounick of Representatives. to practice before the United Norristown, Pennsylvania, has Delaware State Bar States Court of Military Appeals been named a recipient of the Association's Labor Relations in Washington, D.C. A member Pennsylvania Bar Association's Law Committee. He is also of the U.S. Naval Reserve, Special Achievement Award. Chair of the Subcommittee on Captain Robinson is in the law Strike Litigation of the American '60 Alan B. Portnoff of West department of General Mills, Bar Association Committee on Chester, Pennsylvania, has Inc., Aston, Pennsylvania. State and Local Governments announced the formation of the Bargaining of the Section of Arthur R. G. Solmssen, a partner firm of Hope, Portnoff & Labor Relations Law. He in the Philadelphia firm of Saul, Goldberg, Ltd. Ewing, Remick & Saul, has recently served as Reporter for written a new book, A Princess William T. Sutphin was elected the 1980 Third Circuit Judicial In Berlin, published by Little, Vice-President of the Princeton, Conference. New Jersey, Bar Association. He Brown and Company. He has '66 Mary-Jane ("M.J.") Snyder of practices law at One Palmer written three previous novels: Los Angeles, California, has Square, Princeton, New Jersey. Rittenhouse Square (published joined the studio legal affairs in 1968), Alexander's Feast '61 Paul R. Anapol of department of 20th Century Fox (1971), and The Comfort Letter Philadelphia, was appointed to as distribution and marketing (1975). the Board of Governors of the counsel. Ms. Snyder is now '54 Eugene H. Rotberg has been Pennsylvania Trial Lawyers specializing in the legal work for named to the Advisory Council Association. He is a Diplomat of 20th Century Telecommuni­ of the Temple University School the National College of Trial cations, Inc., which is involved of Business Administration. He Advocacy and a member of the in cable/pay television and the is with the International Bank for Civil Procedure Committee and new world of videograms (video Reconstruction and the Federal Courts Committee of discs and video cassettes). the Philadelphia Bar Development. '68 Richard L. Bazelon of Association. Mr. Anapol is a Thomas E. Waters, Jr. has Philadelphia is Treasurer of the senior partner with the firm of Law Alumni Society of the announced the formation of his Anapol, Schwartz & Weiss. firm Waters, Gallagher & University of Pennsylvania Law Trachtman with offices at Suite Richard K. Stevens, Jr. School. announces the relocation of the 701, One Montgomery Plaza, Richard A. Behrens of Riggles offices of Stradley, Ronan, Norristown, Pennsylvania. Gap, Pennsylvania, has been Stevens & Young to One nominated by Governor Dick '55 James R. Edgerly has been Franklin Plaza, Philadelphia. elected to the position of Vice Thornburgh to fill a judgeship President and General Counsel '62 Martin G. Heckler has position in the Common Pleas of the Pennsylvania Power become associated with the Court. Mr. Behrens, who Company. He was formerly their Philadelphia firm of Fox, specializes in civil law, is a secretary and general counsel. Rothschild, O'Brien & Frankel. partner in the firm of Patterson, Evey, Routch, Black, Behrens & Dorezas, with offices in Holidaysburgh, Pennsylvania.

37 '70 Earl David Greenburg of Los William J. Moses has been Alan Siflinger is now associated Angeles, California, has been named to the new post of Vice with the Philadelphia firm of appointed Vice President of the President and General Counsel Fox, Rothschild, O'Brien & N.B.C. Compliance and for Time-Life Films, New York. Frankel. Practices Department, West He is responsible for all of their '75 Beverly K. Rubman has co­ legal functions, for coordinating Coast. In this position, Mr. authored (with SEC Greenburg's responsibilities the work of outside law firms, Commissioner Philip A. Loomis, include reviewing N.B.C. and will serve as legal adviser to Jr.), the article "Corporate programming for compliance Time-Life Films executives. Mr. Governance in Historical with legal and regulatory Moses was a partner in the Perspective;' 8 Hofstra Law Philadelphia law firm of standards, and the Review 141. administration of N.B.C. policies Dilworth, Paxson, Kalish, & Levy and practices. prior to his present appointment. '78 Mark L. Alderman has become associated with the '72 Charles R. Morris, has written a book, The Cost of Philadelphia firm of Wolf, Block, Good Intentions published by W. Schorr & Solis-Cohen. W. Norton and Company, 1980. '79 Jeffrey M. Liebowitz of Jane Sommer of North Adams, Miami Beach, Florida, has Massachusetts, has become the written a paper entitled "Superstation Development and Assistant Director of the Career the Changed Potential of Cable Development Office at Smith College. Television: Regulatory Problems and Possible Solutions," which Charles N. Sweet of Morrisville, was selected as a winner of the Pennsylvania, received the Nathan Burkan Memorial Award of Merit from the Competition. American Bar Association, for John Parvensky, Director of the his work with the Bucks County Community Resource Center of Bar Association in organizing Philadelphia, wrote an editorial the Human Services Council. Mr. entitled "Oil Refinery Tax is an Sweet is a partner in the firm of Equitable Tax," which appeared Curtin & Heefner, Morrisville. in The Philadelphia Inquirer last F. Michael Wysocki of Spring. Philadelphia, has become Wayne T. Jouron of Avon, associated with the firm of Connecticut, has been Rawle & Henderson, 2200 appointed Assistant Counsel in Packard Building, Philadelphia. the legal department at '73 Linda Fisher, of Philadelphia, Connecticut General Life is Secretary of the Law Alumni Insurance Company. He has Society of the University of been practicing corporation law Pennsylvania Law School. for nine years, the last six with the New York firm of Patterson, '74 Michael L. Browne of Belknap, Webb & Tyler. Philadelphia has been nominated by Governor Dick '71 Bernard B. Kolodner has Thornburgh as State Insurance become associated with the Commissioner. He is a partner Philadelphia firm of Fox, in 'the firm of Dilworth, Paxson, Rothschild, O'Brien & Frankel. Kalish & Levy. Robert W. Kaufman and his wife, Fran, have given birth to a daughter, Laura Ann, born April 8, 1980.

38 In Memoriam

'13 Harry H. Teitelman, Camden, NJ, September 30, 1980 '17 Hon. James C. Howe, Madison, NJ, September 2, 1980 '25 James H. Rush, Daytona Beach, FL, July 6, 1980 '27 Charles M. Justi, Villanova, PA, September 28, 1980 '29 John Hogg Austin, Devon, PA, September 4, 1980 '30 Charles H. Brunner, Jr., Norristown, PA, July 1, 1980 Hon. Benjamin R. Jones, Jr., Wynnewood, PA, July 24, 1980 Albert N. Zeller, Sewickley PA, June 7, 1980 '32 Robert B. Brunner, Lafayette Hills, PA, July 12, 1980 '33 WalterS. Anderson, Somers Point, NJ, July 12, 1980 John B. Pe_arson, Harrisburg, PA, September 12, 1980 '38 Curtis P. Cheyney, Jr., Havertown, PA, September 13, 1980 '41 Louis C. Pirnik, Perkasie, PA, 1979 '51 Thomas J. Sullivan, Monrovia, CA, December 6, 1977 '53 Dean L. Foote, Allentown, PA, July 6, 1980 Henry A. Meinzer, Harleysville, PA, September 24, 1980 '54 Leonard A. Rose, New York, NY, July 4, 1980

39 Law Alumni society of The university of Pennsylvania 1980-1981

President Marshall A. Bernstein, '49 First Vice-President Bernard M. Borish, '43 Second Vice-President Robert M. Beckman, '56 Secretary Linda A. Fisher, '73 Treasurer Richard L. Bazelon, '68 Board of Managers

Paul J. Bschorr, '65 Sherrie Raiken Savett, '73 Charles I. Cogut, '73 John A. Terrill, '76 Howard Gittis, '58 William White, '38 Marlene F. Lachman, '70 William H. Brown, Ill, '55 Morris M. Shuster, '54 Richard C. Csaplar, Jr., '59 Mitchell Brock, '53 Murray S. Eckell, '59 Lester Kabacoff, '37 William B. Moyer, '61 Stephanie W. Naidoff, '66 Ex-Officio

Marvin Schwartz, '49, Chair of Annual Giving Organization Hon. Doris May Harris, '49, Representative to the Alumnae Association Leonard Barkan, '53, Representative to General Alumni Society Howard L. Shecter, '68, Representative to the Publications Board of the General Alumni Society William F. Lynch, II, '49, Representative to the Board of Directors of the Organized Classes Joseph G. J. Connolly, '65, President of The Order of the Coif James 0. Freedman, Dean

40

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