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12-1-1961 Sui Juris, volume 06, number 03 Boston College Law School. Student Bar Association

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Vol. 6, No.3 BOSTON COLLEGE LAW SCHOOL December 1961 JAMES JOSEPH RONAN SEMINAR LAWLER & MADDEN RECEIVE CLERKSHIP APPOINTMENTS Two Boston CoUege Law School sides with his family at 71 Euston seniors have been selected to fill Clerk­ Road, Brighton. ship positions following graduation. Fran Lawler received his A.B . at John J. Madden will become Law Amherst College which he attended on Clerk for the Honorable Ami Cutter, a full scholarship. He served as a Re­ Ii Associate Justice of the Supreme Ju­ sea,rch ... :o. ssis,tant in the Political Science dicial Court of Massachusetts, Francis Department, was a member of the Stu­ J. Lawler will become Law Clerk for dent Council and the Executive Com­ the Honorable Paul Reardon, Chief mittee of the House Management Justice 'of the Superior Court of Committee which governed the frater­ Massachusetts. nity system. These clerkship appointments repre­ He has been a Presidential Scholar sent the end result of careful scrutiny throughout his three years at Law and consideration on the part of the school and is Case Note Editor of the school and the judges themselves, upon Law Review. Lawler was Madden's whom the final choice rests. This final partner in winning the second year det.ermination is based on academic Moot Court Competition. He is also and extra-curricular achievement and a member of the Moot Court Advisory personal interviews with the judges. Committee. Those ultimately chosen have best met Lawler was employed by the firm of the personal standards demanded by Nutter, McClennan & Fish during the the individual judges. past summer months. His residence Jack Madden earned his A.B. at is 108 High Street III Greenfield, Boston College which he attended on Massachusetts. a full scholarship graduating summa Both students have expressed deep cum laude. He was Class Salutatorian s1!Jtisfaction in acquiring their new posi­ The physical plant of the law school has recently been enhanced by the remodeling and a member of Alpha Sigma Nu, the tions. Of particular significance to of a seminar room in honor of the late Associate Justice James Joseph Ronan of National Jesuit Honor Society. both was the fact that Madden will the Supreme Judicial Court of Massachusetts. Upon entering law school, he was work at the appellate level which is Since the law school frequently plays host ,to conferences and seminars of various granted a Presidential Scholarship the type work he intends to pursue civic and educational organizations of the City, the room will serve a vital purpose which he has maintained throughout while Lawler will be at the trial level, and will be in constant use even when classes are out of session. his three years and presently ranks his primary interest. The facilities of the Ronan Seminar are ideal for medium-sized groups. The walls, first in the graduating class. Along walnut paneled from ceiling to floor, and the huge conference table reflect a rather with his academic achievements, Mad­ official and serious impression. There is a southeastern exposure and the room den is Case Editor of the Law Review EXTRA overlooks the most wide open and scenic aspect of the Boston College campus. and was the winner of the seC{)nd year Moot ·Court Competition. Mr. Justice James Joseph Ronan was CHRISTMAS RECESS WILL Madden was employed last summer WINTER EDITION OF born in Salem, Massachusetts, in 1884. He received his A.B. from Boston Uni­ by the firm of Herrick, Smith, Donald, BEGIN ON DECEMBER 15. LAW REVIEW TO BE versity and was graduated magna cum Farley & Ketchum. He presently re- OUT IN JANUARY laude from Boston University Law School in 1908. In the same year he SPECIAL COMM. ON JUDICIARY The Editorial Board of the Law Re­ was admitted to the Mas~achuseLts Bar view anticipates late January, 1962 as and began priv.ate practice in Salem. MAKES REPORT TO BAR ASS'N being the publication date of their Win­ During the years 1932-33, Mr. Ronan ter edition. served as Counsel for the Massachusetts The Specia1 Committee on the J u­ sation who, as the Constitution of This edition will particularly evidence Crime Commission and later distin­ diciary has submitted an advance report Massachusetts states, could be "as im­ the continued and conscientious efforts guished himself as Firs't Assistant At­ to the Board of Delegates of the Mas­ partial ·as the lot of humanity allow." of the Article and Book Review Editor torney General from 1934 to 1938. On sachusetts Bar Association. It was the The 'committee was divided into five Richard H. Colman. Burdened with July 7, 1938, he was appointed Asso­ overwhelming consensus of the Special subcommittees who concerned them­ the primary responsibility of soliciting ciate Justice to the Supreme Judicial Committee that more judicial man­ selves with the District Courts, the Pro­ noted authors in the various commer­ Court of Massachusetts. power is needed in Massachusetts. In bate Courts, the jurisdiction of the cial law fields, Mr. Colman has pro­ Mr. Justice Ronan held honorary order to achieve this result two major courts, finance and administration and duced excellent results. The forthcom­ doctorate degrees from Boston Univer­ recommendations were made: 1) To the procedure. Legislation to carry out ing edition will contain five or six lead sity, Northeastern, Suffolk and Boston increase the Superior Court by eight the recommendations of the Board of articles. College. judges and, 2) To increase the mini­ Delegates is now being prepared and The planning of the publication of We have often heard a great deal mum sum in cases remanded to the will be introduced to the General Court. lead articles is not a simple one day of concern expressed over the "image District Court from $1,000 to $3,000. Mr. Charles J. Dunn, the legislative affair. Since most articles require from of the attorney." Indeed, the Amerkan It was felt that the establishment of representa:tive of the Massachuset'ts Bar six months to a year for their prepara­ Bar Association is perennially seeking to these two measures would bring about a Association, will represent the Associa­ tion, the Article Editor m,ust use ac­ lift professional standards and to con­ more expeditious trial of important tion in all phases of its attempts to curate foresight in his solicitations of vey a more favorable "image" to the cases and would also continue the use enact into law those recommendations authors and in the subject matter to be American people. of the increased number of District which have appeared wise to the Com­ covered. Mr. Colman must continually If integrity, knowledge and a capacity Judges. This increase in judicial man­ mittee on the Judiciary and the full keep in contact with the prospective for hard work are some of the qualities power would also diminish the neces­ body of the Board of Delegates. authors to make sure that they meet which we want this image to contain, sity of employing auditors in the Su­ Dean Drinan is Chairman of the their agreed deadlines. He must also the students of Boston CoUege Law perior Court. Special Committee on the Judiciary and render any assistance the authors might School owe a debt of gratitude to the The committee on the Judiciary felt Professor Kenneth B. Hughes served require in their writing. family and friends of Mr. Justice Ronan that the ideal toward which the Com­ as a Research Consultant. As a result of Mr. Colman's efforts who have, by their contributions, made monwealth should move would be a The specific recommendations adopted the Winter edition of the R eview will possible the preservation of his memory system under which all or at least by the Board of Delegates include the contain several very interesting and in the James Joseph Ronan Seminar. most cases would be tried by a full­ following: scholarly articles. Plans for a formal dedication are time judge appointed for me with a (Continued on Page Four) being finalized. guarantee of no diminution of compen- (Continued on Page Six) Page 2 Sui Juris EDITORIALS LETTERS TO THE EDITOR A FINE JOB To the Editor: Undoubtedly appreciated but possibly not fully realized by the student body is Notwithstanding the innocuous con­ on record as not having seen the letter the unquestionably fine job being done by the newly formed Student Placement tent of the Letter to the Editor appear­ prior to its submission to your office and not having signed nor authorized Program. An individual tip of the hat must be given to SBA President Paul ing in the November 1961 issue of Sur JURIS, signed by some thirty-one per­ the use of my signature. Delaney, Senior Class President Don Fleming and Program Chairman John H. sons, presumably members of the Law ]. RONALD FISHBEIN Sullivan; but not to be overlooked are several other students who, in toto, have Forum Committee, I would like to go Vice-President of the Forum given unselfishly of their time and effort in providing this year's graduating class with more job information than has ever been available from such an endeavor in the past. To the Editor: Also to be commended are -the Alumni whose splendid cooperation has given This is to take exception ·to your This writer is by conviction a liberal It view that the Forum is not an organiza­ Democrat, and is not "so quick to de­ life to the hopes and plans which the committee has. tion of "markedly diverse political con­ fend a Republican ad," vis-a.-vis your This entire project is one of which everyone can be justly proud. It has been viction," in spite of the fact that the position which is held to be that of a a unified effort of the Administration, Alumni and Students. The result has already alleged signatures of 31 members of liberal or Democrat. the Forum appear in a leHer responding The Forum in its letter is able to put exceeded all expectactions. to your editorial. on the mask of political unanimity in This originally sman endeavor, having mushroomed to early success, will serve This writer felt that your editorial opposition to your editorial by the sim­ in the future as an example of what a unified, conscientious effort can accomplish. was a reasonable, well-stated observa­ ple expedient of "signing" the signa­ tion on the position that the Boston tures of an Forum members regardless The hard work performed by this original committee will not only benefit the College Law School student body of the "signatories'" actual position. Class of '62 but all classes in the years to come; the entire sTremont Street, Boston 8, Massa­ significance, since Swidler himself, is greater number will attend the social here at B.C., but the ultimate result chusetts. one of a very limited number through- evening to be held in January. should be a great benefit to the profes­ sion as a whole. Sidney Dunn, Jr., '41 - Dean Drinan will address students at was recently made President of the Joseph M. Harvey, '55 - Canisius, Manhattan, Holy Cross, JANUARY Volunteer Co-operative Bank, Bos­ has been appointed Town Counsel for Georgetown 'and several other colleges ton, Massachusetts. the Town of Winthrop, Mass. MEETING and universities. Professor Paul M. Hart will speak Felix J.Cerrato, '42 - PLANNED with students at Clark University, Louis A. Petrarca, Jr., '55 - re-appointed City Solicitor of Green­ The Alumni Association has an­ Sienna, and the University of Rhode field, Massachusetts. was appointed Judge of the Probate nounced that a committee under the Island. Court of the Town of West Warwick, Chairmanship of Eugene Lyne, '51, Professor Grimes will visit Harvard, William J. Kirk, '42 - Rhode Island, in July, 1961. comprised of William ]. Dooley, '52, Yale, and Brown; while Professor Henry M. Leen, '32, John]. Mahoney, Moynihan will journey to the University has been appointed one of three trustees to operate the New York, Richard J. Bennett, '56 - '34, Hon. Arthur ]. Sullivan, '35, is of Massachusetts and the University of planning a social evening to be held on New Hampshire. New Haven and Hartford Railroad law office located at Room 1105 Ex­ during its reorganization. Wednesday, January 10, 1962. Professor McCarthy, the Registrar, change Building, 53 State Street, Tentative plans include dinner at will go to Fairfield, Providence College, Boston, Massachusetts. the B.C. Law School Cafeteria followed Babson, Stonehill and American Inter­ Charles E. Berry, '51 - by attendance at the Boston College­ national. is counsel for the Catholic Hospital Harvard hockey game. One hundred Bowdoin, Bates and Colby will host George E. Donovan, '57- Association with headquarters in St. tickets have been reserved for the Professor James Smith; Professor has become associated with the firm Louis, Missouri. Alumni and their friends and are Hughes will visit Boston University, of Lyne, Woodwarth & Evarts, 75 Charles V. Ryan, '51- available on a first come, first served Northeastern and Trinity. Federal Street, Boston, Massachu­ basis. Father Nicholson, S.]., will speak at brother of Philip ]. Ryan, '58, has setts. Letters will be sent to all Alumni Assumption, Merrimack and Saint An­ become Mayor of Springfield. with all the particulars of this social selm's. Edwin J. Dwyer, '58 - evening. Peter F. Hines, '52 - has his office for the general practice has been re-elected to the Boston of law at 623 Pleasant Street, Brock­ Six members of the faculty will at­ City Council. ton, Massachusetts. tend the convention of the Association Quinlan J. Shea, Jr., '59 - of American Law Schools to be held in Maurice J. Murphy, Jr., '53 - William K. Danaher, Jr., '59 - received his LL.M. at Harvard in Chicago on December 28, 29, and 30. is presently the Deputy Attornev 1960 and is now teaching at the JAG General for the State of New Hamp­ is practicing law in Springfield with shire. Daniel Keyes, former Judge of the school in Charlottesville, Virginia. DEAN District Court of Chicopee. Ralph J. Carrigan, '60- On November 11, and 12, the Dean J. Norman O'Connor, '53- attended a meeting of the National Mr. O'Connor who practices law in Raymond V. Picard, '59 - is with the Federal Trade Commis­ Executive Committee of the Policy Adams, Massachusetts, has been ap­ sion as an attorney with the Bureau has been appointed Legal Assistant Board of the Law School Admission pointed co-chairman with Sylvio of Field Operations, Washington for the U.S. Army Engineer Division, Board in New Orleans, La. Conte, '49, of the Boston College Office, Arlington, Virginia. New England Corps of Engineers, The Dean addressed the First Friday Centennial Development Drive in Waltham, Massachusetts. Club of Boston on November 3. Berkshire County. Edward F. Harrington, '60 - Father Drinan represented Boston has become associated with the J us­ College Law School at the dedication of Stanislaw R. J. Suchecki, '53- Edward V. Puopolo, '59- tice Department in Washington, D.C. Fordham Law School on November 17 has been appointed by W. Arthur is an instructor at the Northeastern and 18. Gardty as Assistant U.S. Attorney. School of Business. (Continued on Page Four) Page 4 Sui Juris LETTERS DR. SaUTTER DISCUSSES (Continued from Page Two) THE MEDICAL EXPERT self in the lower portion of the class solely on the strength of one very low might be drawn. As an example of Dr. Lamar Soutter, former Dean of grade, this fact will be readily apparent such a principle in practice, he cited the Boston University School of Medi­ on his record and it should not jeopard­ the system in California where an ex­ cine, addressed the student body at ize his employment possibilities too testifies neither for the plaintiff nor the Thursday Morning Forum Program pert severely. It certainly does not require defendant but rather as a witness on November 30. Dr. Soutter discussed the all academic differentiation among Prior to trial, representa­ that the obligations of a physician as an for the court. be abolished. this 85 % of the class witness, to himself, to his pro­ tives from both sides meet with expert The basic issue is much deeper. All , and to the court in an action expert and through argument and com­ fession life is competitive and nowhere is the malpractice. promise one line of medical expertise is for medical competition keener than in the crowded former Dean expressed a feeling agreed upon, regardless of the adverse The legal profession. To eliminate the in­ disclosure was the main duty of effects which the true facts may have on that dicia of competition, such as dass rank­ witness. While recognizing that either of the parties. such a ing, will not eliminate the competition. is by its nature an adversary a tr·ial Dr. Soutter also discussed the fee To homogenize the academic records of , he stated that answers and proceeding which should be paid to an expert a large group of individuals will not rks of a physician should not be rema witness. He felt that the lower the fee, make them equal because they are not in the air, the duty of negating left up the less inclined an individual would equal. improper inferences should not be left feel obligated to render his testimony kind of thinking exhibited in to opposing counsel on cross examina­ The in such a way as to favor one party over CHRISTMAS AT THE lAW SCHOOl editorial can be frightening in its tion but should be exposed by the wit­ this other. Would the editor next. sug­ ness whenever he realizes that such the possibilities. LAW REVIEW gest that all personal income over $10,- by the govern­ (Continued from Page One) 000 a year be confiscated ment in order to protect those less for­ William E. Hogan, formerly a profes­ T. Evans, '61 - tunate individuals who do not earn that Walter this school and now teaching at ALUMNI NEWS sor at much because they received "one bad is with the Federal Trade Commis­ Law School as well as acting as Cornell break" in life? Three) sion in the Bureau of Deceptive a consultant on New York's proposed (Continued from Page John J. Madden Practices, Division of Food & Drug Uniform Commercial Code, will author Advertising, Washington, D.C. article based on a broad inquiry Robert A. Romero, '60 - an into the creation of "purchare money" has his office of law at 250 Arborway, Robert E. Galvin, '61 - (a personal propel'ty security device), Jamaica Plain 30, Mass. its perfection and effectiveness against has become associated with Francis (EDITOR'S REPLY) the various classes of third parties. H. Farrell, Esq., 294 Washington Ryan, '60 - In a very informative article, John While we agree that dropping class Edward P. Street, Boston, Massachusetts in the H. Brink of Hollywood, California, will rank is not the ultimate solution, your has become associated with the office general practice of law. the various claims that arise over students between 5.0 and ·of Malloy, Sullivan and Myerson, 10 discuss concern a lessor of personal property exaggerated. In our class this State Street, Boston, Massachusetts. hetween 4.5 seems Ralph C. Good, Jr., '61 - and other persons who claim an in­ group contains only five individuals, Attorney with the De­ terest against the lessee under docu­ four of whom can reach 5.0 by raising B. Vasco, '60 - is a Civilian George partment of the Army. ments such as deeds of trust and real their average only hundredths of a point. has become associated with the law and chattel mortgages which contain Furthermore, if we are going to draw 1002 Main clauses. office of John E. Herlihy, Raymond A. Letourneau, '61 - after-acquired pr·operty a line, someone will be close enough Street, Walpole, Massachusetts. In accordance with the Review's de­ to be hurt, but what better place is become associated with Mr. has sire to put forth a complete and com­ there than at the Dean's List? George Ponte, 405 County Street, of ,the Uniform Barrett S. Wayne, '60 - prehensive coverage The equalizer of which we spoke New Bedford, Massachusetts. Commercial Code, Robert Haydock, associated with the firm was not for the sole benefit of students has become Jr. of Bingham, Dana & Gould has and Manvelian, 18 who received one bad mark, but also of Schlesinger El1iott J. Mahler, '61 - written . an article for the Winter edi­ Boston, Massachu­ for students who are overrun in class Tremont Street, on the filing provisions of Arti­ has become associated with the firm tion standing by the straight C student who setts. cle 9 of the Uniform Commercial Code. of Berman and Lewenbe~g, 73 was fortunate to receive one A. It does This article wiU give the reader a Tremont Street, Boston, Massachu­ not appear on a student's record that Aaron K. Bikofsky, '61 and clearer insight into this complex Code setts. this is why he is one or more places Barry J. Walker, '61- section. right.s lower in class standing. have opened their offices for the gen­ The problems of Management's Robert F. McGrath, '61 - has refused Your own letter only substantiates eral practice of law at 100 Concord to injunctive relief when it with the Firm of an the inadequacy of labels. While you Street, Framingham, Massachusetts. has become associated to bargain will be the subject Oteri and Marino, Mr. refer to the hardworking upper third, Aaron K. Bikofsky has also been ap­ of Crane, Inker, article by Laurence M. Kearns. , Boston, Massa­ the Boston fact of the matter is that the pointed Assistant D.A. of Middlesex 41 Tremont · Street Kearns is a partner with the & Joy. third is only tenths of a point County by John A. Droney, District chusetts. firm of Morgan, Brown, Kearns upper analysis the lower third, and yet, you Attorney. Pr,obably the fi!:St complete above Ronald-E: Oliveira, '01 - of a new and vital commercial topif attribute- to them some quality which will be Eugene D. Anderson's article the lower third does not possess. Kevin R. Doyle, '61 - has become associated with the law on the "piggy-back" plans. Naturally, such a change does not General and office of Albert S. Silverman, Pitts­ is an Assistant Attorney Other writings in the forthcoming make all students equal but it does former man­ field, Massachusetts. Harold E. Clancy, '61, edition will be a labor law comment by remove an artificial characterization of Boston Traveler, aging editor of the John R. Hally of the firm of Nutter, who is worse due to a minute fraction. have opened ·offices at One State John F. Sisk, '61 - McClennen & Fish; a book review in Street, Boston, Massachusetts. has opened his offices for the general the field of aviation law; as well as practice of law at 8 Beacon ' Street, case notes, legislative comments, and Joseph P. Dunn, Jr., '61 - Boston 8, Massachusetts. U.C.C. comments. is Agency Counsel for the Massachu­ setts Life Insurance Company for LAW WIVES Connecticut. The Law Wive's Association has an­ ROSARY nounced its slate of officers for .the 1961-62 school year. They are : Presi­ dent-Trudy Marvel; Vice-President­ Roberta Spitz; Recording Secretary­ Irene Reagan; Corresponding Secretary Consult your Law School Book Store -Madeline Schultz; and Treasurer- Hobbs & Warren, Inc. . - regarding special student offer Marilyn Curran. 34 HAWLEY STREET on The Association conducts programs BOSTON throughout the year of interest to Individual volumes of the new of interest to Publishers of women and in particular "West edited" wives of potential lawyers. Along with STANDARD LEGAL FORMS GENERAL LAWS ANNOTATED these affairs they co-sponsor social ac­ Headquarters for MASSACHUSETTS Student Bar Associa­ courts tivities with the UNIFORM cited and quoted by the tion. COMMERCIAL CODE BOSTON LAW BOOK CO. Earlier this year they were addressed FORMS 8 Pemberton Square LA 3-6882 on the topic "Obligations of a Wife" LI 2-7947 LI 2-7948 by Mrs. Mary Connors. Sui Juris Page 5 ELECTIVES Hon. R. Ami Cutter CUNNINGHAM DISCUSSES SOCIAL Spoke at Forum "CIVIL AFFAIRS" The Law Wives' Association in con­ ANNOUNCED junction with the Student Bar Associa­ On Thursday, November 16, the On Wednesday, November 29, the tion is sponsoring an informal dance to The Administration has announced Honorable R. Ami Cutter, Associate student body was addressed by a dis­ that the following classes are available be held Saturday evening, December 16, Justice of the Supreme Judicial Court tinguished .alumnus, Major Harold D. at Alumni Hall from 8 to 12 p.m. as electives for the second semester. of Massachusetts, addressed the stu­ Cunningham, on the "Concept of Civil Affairs." Under the leadership of Mrs. Trudy DAY DIVISION dent body under the auspices of the Marvel, Law Wives' President, Roberta Morning Forum Program on the topic Creditor's Rights Dean Drinan introduced the speaker Spitz, Francine Brown, Ginger Burke "Presentation of an Appellate Argu­ Jurisprudence who acquired his LL.M. at New York and Elizabeth Bergan are making de­ ment." Land Use and Planning University School of Law and was later tailed preparations. These include elab­ Taxation II Justice Cutter emphasized form a Fulbright Scholar at Oxford Univer­ orate decorations and appropriate Trade Regulations rather than content in his remarks, sity in England. snacks on each individual table. The Seminar in Constitutional Problems since this phase applies to · all argu­ Major Cunningham pointed out the committee has also promised some type Seminar in Labor Law Problems ments while the latter would be more declining use of the term "military of favor to be given to alI wives and (J udicial Administration confined. government" and the rise of a concept dates in attendance. or The Justice pointed out that the of civil affairs which is replacing the Entertainment will be provided by a Seminar in Criminal Procedure)* manner of presentation is just as im­ term. Drawing on his background as four piece orchestra and dancing will be *The Adminis,tration feels that be­ portant as the content of the argu­ an Instructor at t he Army Judge Ad­ allowed on both the main floor and cause of the overlapping of much of ment. It is basic to an appellate argu­ vocate's School in Charlottesville, Vir­ upstairs. the material in these two courses it ment to be completely familiar with ginia, he emphasized the fact that mili­ will not be to ,the advantage of the stu­ the rules of court and to observe them. tary government has become equated dent to take both of these courses. He added that it is essential to with dictatorial powers and arbitrary familiarize the bench with the facts of rulings. Therefore, it must be replaced NIGHT DIVISION the case and to be completely informa­ with a theory which more accurately ON A SERVITUDE (Estate Planning tive in referring to citations and puints portrays what military government in­ (With Apologies to Marlowe) or in the brief. tends to accomplish. Was this the servitude that launched a Federal Courts) Justice Cutter concluded by stressing Major Cunningham suggested that thousand law suits, (Seminar in Criminal Procedure that it is not necessary to consume all this theory could be found in a concept And burned the topless towers of the or the time that is allotted for oral argu­ of civil affairs which, rather than being Neponset Realty Association? Family Law) ment. In many instances counsel can a body of rules, is a whole concept. It Sweet servitude, make me immortal Seminar in Labor Law Problems make their points in only a fraction of could readily be equated with the rule with a building scheme! Elective (not announced) this time and on such occasions they of law thereby assuring the peoples of Her reciprocity suck forth, my mind: should do so. He added that if more conquered lands that the military see where it flees! time is necessary and the bench feels government was itself governed by a Come, servitude, come, give me my that an argument should be fully heard, higher law. Cunningham concluded that mind again. an attorney will never be deprived of this concept would erase the feeling Here will it dwell, for equity is in THURSDAY justice by a limitation on the length that a military government makes its these lands, of his oral ·argument. own rules without regard to any law. And all is dross that is not a servitude. FORUM I will be equitable, and for love of thee, Instead of Tulk, shall Lumley be On thursday, December 7, Atty. sacked, Jerome Doyle, addressed the student And I will combat with weak jurisdic­ • body in the Roberts Lounge on the topic tions, "The Wall Street Lawyer." Mr. Doyle And wear thy colofson my plumed was a top honor student and debater case-book; in the Class of 1931 at Boston College What everyone likes about Boston ... Yes, I will wound the "Rule" in the and graduated from Yale Law School heel, in 1934. And then return to thee for my bliss. Mr. Doyle displayed a vast back­ Oh, thou art fairer than the evening ground of information and wisdom con­ air, cerning the opportunities of practicing Brighter art thou than the general rule. in a large metropolitan firm. He is When you appeared to the hapless class a senior partner in the New York City of '62, firm of Cahill, Gordon, Reindel & Ohl. More· lovely ,than the monarch of the Vice-President of the Forum, J. Ron­ sky, ald Fishbein, has announced that the In the professor's wanton barrelled fallowing speakers will address the arms; Thursday Morning Forum in January. And none but thou shall be my On January 4, Thomas J. McLernon, paramour. General Manager of the Metropolitan Transit Authority, will discuss "Govern­ ment Subsidy of Public Transportation." On January 11, Edward J. Logue, Esq., of the Boston Redevelopment Council will discuss a topic not yet LEONARD FISHER, '52 announced. Fishbein has indicated that plans are 318 Harvard St. being considered to bring to members Swan Boats at the Arts Festival Brookline, Mass. of the night school the benefit of the Thursday Morning Program. The sug­ RE 4-3440 gested plan will present a program on What Lawyers will like about one Wednesday evening each month be­ Attorney's Malpractice, tween 7: 30 and 8: 30 pm. The hour lost Shawm u t' s trust services ... Life, Health and General will be made up by the students in the evening class by e~tending the Wednes­ INSURANCE day and Friday classes from 9: 30 to A Shawmut Securities Custody Account or Investment Manage~ 10:00 pm. ment Account can save you time and mon~y. The Innovation has been well re­ Our Trust Department is set up to handle all the time-demanding ceived by the Registrar, Prof. Joseph details of investing that disrupt an attorney's office routine. And, F. McCarthy. Approval by the S.B.A. Shawmut can do the complete job more economically. Representatives and the faculty, and the overcoming of scheduling difficul­ We would welcome the opportunity to discuss our services with you. Used Law Books ties will permit implementation of this Case Digests program in February 1962. The ~tional Law Outlines Shawmut Bank HARVARD of'lJosto11 BOOK STORE Daily Rosary 1248 MASS . AVENUE Member Federal Deposit Insurance Corporation ® 12:10 Room 302 CAMBRIDGE MASS. Listen to "The Economy Today" with Nate White - Mon.-Fri., 6:05 p.m., WEZE, 1260 on your dial (near Harvard Square) ~ Page 6 Sui Juris I AN INTRAMURAL SPORTS JUDICIARY REPORT (Continued from Page One) PROGRAM 1. A study should be made by a qualified group concerning the possibility of a more efficient use of judicial manpower in the District Courts. The Administrative by ROBERT F. SYLVIA Committee of the District Courts is, however, carrying on a most efficient operation There can be little doubt that sports steps should we take in the future? As and has ,adequate power to regulate the administration of the District Courts. constitute one of the main interests dis­ a starting point, it would seem that 2. The possibility of the use of six-man juries in shire towns in the District played by the students at the Law any proposed program should be run Courts where no Superior Court sittings are in session should be explored. School. A casual visitor to the cafeteria under S.B.A. auspices. It is suggested 3. The increasing of the amount of damages in transfer cases from $1,000 to would strain his ears for several hours that a chairman be appointed from one $3 ,000 could wen bring to the District Courts more cases where such cases could and never hear an authoritative discus­ of the two lower classes so that the ex­ be disposed of without an undue burden to the District Courts. The Board of sion on reciprocal negative easements perience gained in the first attempts at Delegates was about evenly divided on this recommendation, with a bare majority or upon riparian rights, but he wouldn't operation could be carried into the next voting in favor. As previously pointed out, it was overwhelmingly favored by the f have to wait long to hear that a 'rather year. This is necessary since it nor­ Special Committee. nondescript left-hander named Tom mally takes at least two years for a 4. It is recommended that legislation be enacted which would confer on the Zachary served up number 60 to the program of this type to gain any degree Administrative Committee of the Probate Courts those full powers which are "Babe," or that an equally nondescript of permanency so that it will start to now vested in the Administra:tive Committee of the District Courts. It is urged right-hander named Frank Sullivan had run itself. that the bill introduced in 1955 to achieve this purpose, pursuant to the recommenda­ recently described himself as being in In the beginning such a program tion of the Judicial Survey Commission, be once again presented to the Legislature. the "twiHghtof a mediocre career." should try to encompass two sports This interest is healthy. It has been only. Once sound leagues are set up 5. It is recommended that the provision of General Laws, Chapter 211, Section characteristic of American life for in football and basketball it may be 3, be amended, if need be, in order that the Supreme Judicial Court will have years, yet the feeling remains that there possible to set up golf, tennis, hand­ adequate power to deal with any judicial improprieties. should be something more. For all the ball and squash tournaments; the facil­ 6. 'It is acknowledged that appraiserships in the Probate Court have to a large interest in specbtor sports, there re­ ities for which are readily available in extent outlived their usefulness. It is, therefore, recommended that the appoint­ mains little semblance of an intramural the area. If league standings are kept ment of an appraiser be permitted only on the petition of the fiduciary or other sports program here at the Law School. and games and tournaments run on an interested persons when- such petitioner can ' SUPPOlt his -request by a findingC= lhat The advantages of such a program organized basis, sufficient interest will a need for an appraiser does in fact exist. It is also recommended that when such are readily apparent. President Ken­ no doubt be forthcoming to keep the appointments are to be made they should be done by the court and not by the nedy has urged that greater emphasis program rolling. Registers of Probate. be placed on physical fitness, and by In conclusion, it might be well to dis­ 7. Since the Probate Court Administrative Committee bilI will, if enacted, per­ his own example indicated that partici­ pel one of the most common fears con­ mit the assignment of Probate Judges from one county to another, no recommenda­ pation sports such as touch football, cerning such a program. It is urged tion is made at this time of a further consolidation of the Probate Court which golf and swimming may be a great help that it wiU detract from studies. Those is organized on a county basis. in achieving this end. Recently a group who advocate this approach forget, 8. Although the Comm~ttee on the Judiciary reflected on and discussed at length of New York City lawyers followed however, that a lazy body cultivates a the situation concerning family law in Massachusetts, it was felt that the bench this lead by organizing touch football lazy mind. It is submitted that rather and bar should watch the new conciliation division in the Probate Courts of Nor­ games in Central Park. (The advan­ than detracting from studies, a proper folk and Worcester before making any ~rm recommendations in this difficult area. tages of this endeavor were somewhat amount of exercise allows greater con­ The Committee was, however, troubled that more was not now being done to adopt diminished by a subsequent excursion centration by removing nervous energy the best features of the F£mily Court which has had a great deal of success in to a local pub.) We should heed Presi­ and thus provides greater productivity other jurisdictions. dent Kennedy's advice. The legal pro­ in working hours. fession,of necessity, involves a lot of 9. it is recommended that the use of District Court judges in the Superior It is hoped that this program can physical inactivity; therefore, in order Court for the trial of misdemeanors and motor vehicle cases be continued. be instituted at least on an experimen­ to supply necessary exercise, some sort 10. The Committee is opposed to the suggestion that general equity jurisdiction of participation sports program should tal basis this year and put into full be granted to any court not now possessing such jurisdiction. effect next year. be encouraged. 11. It is proposed that study be given to the question of whether or not the There have been previous attempts Supreme Judicial Court needs a new power or a new rule to send any nisi prius to promote this type of program at the PRE-LEGAL INSTITUTE case that comes before it to the Superior Court for disposition. Law School which have met with vary­ 12. Some members of the Committee on the Judiciary felt that the Common­ ing degrees of success. The touch foot­ In view of the success of the Pre­ wealth needed ten or even twelve more Superior Court judges. The full committee ball rivalry has been mainly confined Legal Institute held at B.C. on Novem­ of 19, 'with one dissent, and the Board of Delegates unanimously, voted the intro­ to single games between classes. (The ber 4 which was attended by representa­ duction of legislation to provide eight additional Superior Court judges. It was felt author refrains from taking judicial tives from 17 law schools and 62 col­ that this is the best way to bring about a permanent improvement in the ad­ notice of certain unauthorized s'kir­ leges and universities, the National ministration of justice. mishesconducted on the side lawn.) Executive Committee of the Law School 13. It is recommended that the Land Court needs at least two more engineers These affairs are normally loosely or­ Admission Board has taken the advice and a third engineer for anticipated work in relating registration survey to the ganized, and at bes·t provide only two of the American Bar Association and Massachusetts Co-ordinate System, Beside needing more engineers the Land Court games a year for each class. A basket­ will sponsor like affairs at Ohio State also needs additional administrative, stenographic and clerical help. Pending the ball league was formed in 1959-1960 but in Columbus Ohio during March and preparation of the Land Court's budget request for the next fiscal year the after a successful first season, was never one at Marquette University in Mil­ Board of Delegates of the Massachusetts Bar Association does not at this time re-instituted. waukee during May. Dean Drinan has make a determination of specific needs for this important part of the administration On the basis of these facts, what already been invited to speak at these affairs. of justice. It is also noted th~t the quarte~s of tl}e Land_Co.u]."t .!lre ~ho}}y_ i!l: adequate and a court of the dignity and importance of the Land Court ileserves all possible financial support. NEW ENG. INSTITUTE 14. It is noted by the Committee that Massachusetts has lagged behind the vast major-ity of states which have enacted legislation conferring on the judiciary The New England Law Institute, an full rule-making power. It is recommended, therefore, that legislation similar to ,organization fostering the continued the law proposed by the 1956 Judicial Survey Commission be enacted into law by the General Court. Section 1 of the proposed law states: "The Supreme Judicial 3SB NEW STREET -WORCESTER. 5 MASS education of lawyers in New England, will offer a series of discussions here Court shaH have the power to prescribe, by general rules, the forms of process, at B.C. Law School. The first of this writs, pleadings and motions, and the rules of pleadings, practice and procedure series will be conducted on Saturday , in 'civil and criminal cases and in all other proceedings in all the courts of the morning, January 20. The series will Commonwealth." The Committee feels that the experience in other jurisdictions consist of eleven of such programs to where thirty-two states and the Federal government have vested their Supreme For over fifty years we have be held consecutively on Saturday Courts with the power to make rules superseding prior inconsistent statutory mornings throughout the new year. enactments should be followed. been in the law printing busi­ ness - a fact that speaks for itself. From Non-Profit Org. STUDENT BAR ASSOCIATION U. S. Postage of THE BOSTON COLLEGE LAW SCHOOL PAID St. Thomas More Drive BOSTON, MASS. Brighton 35, Massachusetts Permit No. 55294 Printers to the Sui Juris and H ar Ja ~ d Un i versity ~ a w Sch ool many other fine publications. Ca nbridse 38 Vi a .3s8 chuset ts