Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History

The Advocate Student Publications

12-1991 The Advocate The Advocate, Fordham Law School

Follow this and additional works at: http://ir.lawnet.fordham.edu/student_the_advocate Part of the Law Commons

Recommended Citation The Advocate, Fordham Law School, "The Advocate" (1991). The Advocate. Book 93. http://ir.lawnet.fordham.edu/student_the_advocate/93

This Book is brought to you for free and open access by the Student Publications at FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in The Advocate by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE ADVOCATE - Fordham Law School's Student Newspaper since 1967 1991 ABA Award Winning Newspaper Vol. XXIV, No.3 Fordham University School of Law © The Advocate December, 1991 Construction of Lincoln Center Dorm Undenvay Hopes arise for a renewed sense of community at Lincoln Center By Michael C. Fries In the 30 years since its establish- Staffwriter situation to start out..." ment, the need for a residential Several years ago, the univer- facility at Fordham's Lincoln sity developed a questionnaire Center Campus has been slowly to solicit students' attitudes to- escalating. The university is ward living in a residential facil- meeting this need by erecting a ity on campus. The results, al- twenty story apartment-style though not overwhelming, sug- building exclusively for 850 gested thatthereisademandfor graduate and undergraduate such a living arrangement and students. students would be interested in The building is expected to living in a warm and friendly be completed and ready for occu- campus atmosphere. By build- pancy for the Fall 1993 Semester. ing a residential facility, the uni- According to Associate Oinical versity expects to attract geo- Professor of Law Marjorie A. graphically diverse students. Martin, who represents the law The law school, without the school on the joint committee aid of an adequate facility to ac- concerning the facility's use, the commodate students, has re- building will be completed prior cently been ranked twenty-sec- to that time. Professor Martin ond among all law schools in the stated, ''The construction appears most recent "Gorman" report on to be moving along very well .. jt Now under construction, the new dorm is scheduled for occupancy in the Fall of 1993 law schools. It would seem that isgoingupalotfasterthanalotof L-______~ ___=__--=- _____=______l the addition of a large residen- us expected ... it seems they may be the money by selling tax free bonds. residential facility was never war- tial facility would push the law school finished early." . The building is currently within pro- ranted. However, recently, according into the top twenty. The anticipated cost of the resi- jectedcostsandisexpectedtobecom- to Assistant Dean, Robert Reilly, The opinion of ranking agency dential facility is approximately $40 pleted within that budget. " ... students from across the country such as "Gorman" is not the main million with the majority of the money Fordham Law School has tradi- and around the world who are ac- concern of the university. DeanReilly coming from the New York State Dor- tionally attracted students from the cepted are leery of moving to New noted the primary purpose of the nliroryAuthority. Theauthorityraised New York metropolitan area. and a York city without a dormitory type continued on page 4

Pierce we have come to know and National Lawyers GuildPresident Judge Pierce admire. The letter stated: ''This student is a young man of Speaks Out on Bias ByTeniAustin Honored at very high quality. His scholastic record is good; his personality, pleasant; and "Law may handle biased conduct, Brittain, a former civil rights law­ Portrait his character, honest and reliable. I attitudes are up to the individual." yer in Mississi ppi, is a professor at the earnestly recommend him to you." This insightinto bias and the law asan University of Connecticut School of Unveiling Our admissions office never made a better decision than to accept Judge instrument of social change was in­ Law, the chairman of the Hartford By Dean John Feerick troduced by John Brittain, who spoke Human Relations Committee, a Pierce. He excelled as a student at the at Fordham on November 18. In his member of the state labor relations Forty years after graduating from School, graduating near the top of his lecture, which was sponsored by the board, a member of two committees Fordham University Law'School, with class and serving as a editor of the Committee on Bias Awareness of the ACLU, and the president of the a leal career that has included two Fordham Law Review. Among his (COBA) and the Fordham chapter of National Lawyers Guild, the progres­ decades on the federal bench, Jude teachers was a young Bil Mulligan the National Lawyers Guild, Brittain sive bar association. Lawrence W. Pierce of the United whom he recently described in an oral shared a perspective new to some of Brittain introduced his presenta­ States Court of Appeals for the Second history interview as "a gem of a teacher us: that the law may fail to change tion by assessing the difficulties in Circuit was honored by Fordham for witha twinkle in his eye and a pleasant social attitudes, but it attempts to de­ defining ''bias.'' He explained that his achievements with an unveiling demeanor." Rumour has it that for fine a desired conduct to protect those the meaning of the ·term varies of his portrait. He is pictured with his most of Judge Pierce's law school ca­ who may suffer from bias. continued on page 3 wife, Professor Cynthia Straker Pierce reer he could be found studying in an of St. John's Law School. alcove in the upper floor of the library Born and raised in Philadelphia, at 302 Broadway. In fact, he became Judge Pierce was educated in the pa­ such a library buff that he took a job rochial schools of that City and first during the latter part of his law school encountered the Jesuit fathers as a career in the library of the Association student at St. Joseph's College. His of the Bar of the City of New York. education there was interrupted by continued on page 3 service as an infantryman in the United States Armed Forces during the Second World War. He resumed Quote of the Year his studies at the end of the war and "Just because you've got a was graduated cum laude from St. Joseph's in 1948. He sought admis­ law degree from Fordham sion to our School and submitted, doesn't mean you know along with his application, a letter everything" from Father Joseph Drane of the So­ -from the first episode ciety of Jesus. I would like to read that of the new television letter because it captures so perfectly series "Commish" Is it live or is it Memorex? Judge Pierce next to his official portraint. the Lawrence

Narcotics D.A. - page 3 • Fellowships - page 4 • Univ. Chaplain reflects - page 5 Inside: Fair Speech in the Courts - page 8 • Entertainment - page 10 • Sports - page 11 ., .'

New York Bar Review Course Summer 1991 Enrollments

...... _......

I I : If , .... ! .....

Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined.

BAR REVIEW New York's Largest and Most Successful Bar Review Course December 1991 • The Advocate ARTICLES 3 District Attorney Addresses Joint Fordhalll-NYU Phi Alpha Delta Initiation

By: The executive board of heroin and other such highly addic­ Phi Alpha Delta tive drugs and the inadequacy of pro­ grams that focus on the treatment or On November 21, 1991, Robert prevention of just one type of drug Silbering, District Attorney for the City problem. of New York in Charge of Narcotics After outlining the problems faced Prosecution, one of only six District by the city in its war on drug use, Mr. Attorneys for the City of New York Silbering criticized the Bush Admin­ addressed the members of Phi Alpha istration's attempt to resolve the Delta during its fall initiation cer­ nation's drug problems through inter­ emony. During the ceremony, the diction programs as well Cuomo's members of Wormser Chapter decision to try and resolve the drug (Fordham's Chapter)initiated 13 new program by continually building more members and re-instatedN.Y.U. asan jails. Mr. Silbering feels that drug Special Narcotics D. A. for N.Y.C., Robert Silbering receives a certificate of active chapter by initiating two mem­ indirection programs are wholly appreciation from the president of Phi Alpha Delta bers from there. With this initiation, unpragmatic. They cost a great deal, the Wormser chapter, comprising of do little to stem the flow of drugs into Pierce continued from page 1 good in a large number of areas. Some 20 members, has now become the most the country and seem to do little more After his graduation from Fordham of his pro bono activities include, or active of the 10 regional chapters. Phi than drive the price of a single drug in 1951, he spent the next 10 years haveincluded,serviceasamemberof Alpha Delta is a co-educational na­ higher, which does little else than in­ tryingcases-firstasanattorneyinthe the Board of Trustees of St. Joseph's tional legal fraternity dedicated to crease profits for drug smugglers. Mr. Civil Branch of the Legal Aid Society University; the Board of Directors of serving both the legal profession and Silbering also pointed out the United and then as an assistant dis- the Fordham Law Alumni Associa­ the community at large. Phi Alpha States jails a greater percentage of its trictattorney in King's County. He tion; the Board of Managers of the Delta is the only legal fraternity that citizens than any other industrialized then began a 10 year career as an Lincoln Hall for Boys; the Board of currently maintains an active chapter nation to no avail. Drugs are easily official in City and State Government. Directors of CARE, USA; the Board of at Fordham University. Present at accessible in jail. As a result, most In 1961, he was appointed a Deputy Managers of the Havens Fund Soci­ the initiation were several active Phi people who are incarcerated for drug Police commissioner of our city and ety, and the Fordham University Alpha Delta Alumni from Fordham use leave prison unrehabilitated and was placed in charge of the Board of Trustees. In addition, Judge Law School as well and several other without the skills or background department's Youth Division which Pierce has served on the United States regional and national law schools, as needed to secure gainful employment. supervised 650 police officers, the Foreign Surveillance Court, a meinber well as several delegates from the Furthermore, the strain on the judicial Police Athletic League, and the Pre- the United States delegation which national fraternity. system posed by incarcerating so cinct Youth Councils. Three years met in England, Sweden, and Japan to Mr. Silbering began with a dis­ many drug cases minimizes the re­ later, Judge Pierce accepted an offer study the prevention of crime and the cussion of the problems posed by the sources available to deal with those from the Rockefeller ,Administration treatment of offenders; the Secretary continuing drug epidemic, the spread individuals for whom incarceration is as Director of the State Division for of the Army's Special Ciyilian Com­ of disease, the increased incidents of appropriate. Youth. As Director, he supervised an mittee to Study Army Confinement crime and child abuse and neglect Instead, Mr. Silbering concluded agency which designed creative pre- Facilities in the United States, Europe that could be directly attributable to that the nation should shift its re­ ventativeandrehabilitativeprograms and the Far East; and the President's drug use. His focus then shifted to the sources towards education and reha­ to deal with the problem of delin- Task Force on Prisoner Rehabilitation. nature of the drug epidemic in bilitation. By reducing demand, we quency.In1966,GovemorRock.ef~ller . In recognition of his steadfast com­ America. Despite the public focus on can reduce the demand for narcotics, appointed him as Chairman of the mltment to the public good, he has the crack epidemic, Mr. Silbering and the crime that accompanies that New York State Narcotic Addiction received a number of awards and warned of the resurgence of the use of demand. Control Commission. During the next honors, including an honorary Doctor four years his agency opened and of Humane Letters from St. Joseph's Brittain cont. "Braves," which Native American sponsored scores of treatment pro- University and honorary Doctor of depending upon who is using it: "seg­ activists claim demean and impugn grams throughout New York State for Laws degrees from Fairfield Univer­ regation" may be a word denoting an their culture. narcoticdependentpersons.In 1971 he sity, Hamilton College, and Fordham act, while "bigotry" implies a mind set. Without arguing his own views, was appointed to the United States University. He is also the recipient of While the law may not necessarily Brittain presented the difficulties that District Courtfor the Southern Dis- the Fordham Law School Alumni deal with the latter, it can have a role exist in attempting to properly define trict of New York and in November Achievement Award and received the in preventing the former, which in bias, propose legislation to prohibit 1981 to the United States Court of Ruth Whitehead Whaley Award from turn may work to change the mindset biased conduct, and work to combat Appeals for the Second Circuit. Many the Fordham Black Law Students As­ of bigotry. Brittain explained that biased attitude~. Brittain also dis­ of our students have had the opportu- sociation. Judge Pierce is the father of legislation is one way that the law is cussed the way in which these prob­ nity to serve as his law clerk during three sons: Warren, Michael and Mark an instrument of such social change lems have manifested themselves at his 20 years on the federal judge. One and is married to Cynthia Straker, a and cited the Civil Rights Act of 1991, Fordham Law School, where attempts described the experience in these professor of law at St. John's Law the Disability Civil Rights Act, and to combat bias and encourage sensi­ words: School. Fordham Law School is greatly Title VII as examples of statutory ef­ tivity have been understood by some "I wanted to write on this occa- honored to unveil his portrait' and forts to proscribe biased conduct. as a chilling of speech. sion to let you know that you have hang it in our Moot Court Room so Brittain also addressed the pro­ Ultimately, Brittain suggested, had a significant impact on the law- that present and future students will scription of biased language and as­ everyone is guilty of some kind of yer, the law professor and most im- know of the kind of person and kind sessed statues which prohibit "hate bias. Law alone cannot make change, portantly, the person I've become since of work we value most highly. speech." Brittain's experience with the Brittain asserted; our communities I had the opportunity to work with ACLU Academic Freedom Commit­ must take active roles in fostering you. I cannot conceive of a better role tee and as a civil rights attorney gave positive attitudes, and our communi­ model for beginning lawyer than the unusual depth to his understanding ties' leaders must have strong roles in model you were to me; you possess The law can of this problematic area oflaw. On the defining goals of diversity and toler­ the best traits in a rare combination. make you quit one hand, he acknowledged, speech ance. You provided me with something to drinking; can be the equivalent of physical as­ Brittain ended his lecture with aspire to, which I may never reach but sault with devastating effects. At the the suggestion that bias and society's which has enriched me merely by my but it can't same time, Brittain questioned, can attempt to eradicate it demand a bal­ glimpsing it at a time when my pro­ make you quit any court deny speech without violat­ ancing act. We must remember that fessional and personal standards were being the kind ing the First Amendment? bias and prejudice take place every­ being molded.I didn't want any more that needs a law Further, Brittain pointed out, the where daily. Noone place is immune, time to pass without letting you know definition of bias evolves with Brittain admonished. It is up to each the influence you have had on me. to make you society's awareness of the problem. member of the community to recog­ Too often these things go unsaid and quit drinking. He pointed to the growing sensitivity nized its subjectiveness and be will­ I believe that is regrettable. to Native American slurs, such as the ing to respect someone else's defini­ Despite a very busy professional -Don Marquis move to eliminate names like the tion of bias, although we ourselves career,Judge Pierce has demonstrated Washington "Red skins" and Atlanta may never fully understand them. a lifelong commitment to the public 4 CAREER December 1991 • The Advocate Fellovvships: Opportunities NotTo Be Ovy,r.1ooked

By Tom Schoenherr at 620-4230. The Foundation Center is in your proposal? Foundations gen­ is put into the Fellowships binder, a national, independent, nonprofit erally make awards by selecting pro­ which can be found on the front table Many students have no idea of organization established and sup­ posals most closely related to their in the Career Planning Center along­ the wealth of fellowship opportuni­ . ported primarily by foundations. The interests and objectives and falling side the various job books. The list­ ties that are available to them during Center is the only national source of , within their funding capability and ings here are grouped for the Class of the time that they are in law school. factual information on philanthropic geographic scope. It takes serious, '92 for post-graduate positions and There are fellowships for summer giving of its kind, and can help you time-consuming research to find those for all other students seeking funding work, for essay submissions, for re­ find out where to apply most appro­ with giving records or stated objec­ for work or research for the summer search, and forpost-JD. full-timework priately for funding. Using its publi­ tives that are related to your proposal. of'92. or research. All of these opportunities cations and its nationwide network of The Foundation Center's nationwide If you are applying for one grant are available from both public and library reference collections, you will library network provides free access or fellowship and compile all of the private sector organizations, founda­ be able to identify foundation pro­ to all of the materials necessary to do requested materials and information, tions, or law firms. Some are high grams which correspond with your this funding research and to develop it may be well worth your while to do prestige positions almost at the level needs. a good proposal. some investigation to determine if you of judicial clerkships. might be able to submit one or more Many fellowship positions are additional applications to organiza­ highly competitive, but others, espe­ tions that supply funding for identi­ cially those that focus upon specific The Career Planning Center is working hard to calor similar proposals. This would topics in legal practke or theory, are assist students in this difficult job market. We have both increase your chances of secur­ much less so. The trick is to determine stepped up our efforts to increase the number of On­ ing an award and would also increase which fellowships match your own Campus Interviewers and job listings as well as respond the mileage that you would get out of interest(s) and experience and which all of your hard work. Getting the first sources should be consulted to get to the overwhelming demand for counselling application together is the hardest and more information. appointments. However, our biggest challenge has most time-consuming task. Addi­ There are two valuable publica­ been keeping accurate information about where tional applications would be much tions in the Career Planning Center students have accepted positions and which students easier because you could use the same which could help you go get started in are still looking. or a slightly modified proposal state­ your research. The first is the NAPIL It is extrtemely important that students inform ment. (National Association for Public Inter­ As you are researching possibili­ est Law) Directory of Public Interest the CPC when and where they have accepted a position. ties for funqing or fellowships for the Legal Internships which is updated We need this information to help us plan our job search Summer of '92, make notes about annually and is, of course, biased to­ strategies. Like wise, we need to know who is still sources that you discover with dead­ wards fellowships in the public inter­ looking so that we can include these resumes in our lines for applications that occur in the est. It is indexed by both state and by ACTIVE SEARCH file. Students, please contact us! Fall. This will allow you to get an legal subject area. The second is, early start at the end of next summer Funding for Law: Leal Education Re­ -Kathleen Brady or at the beginning of the Fall of '92 to search & Study, which lists close to CPC Director apply for funding for the Summer of 500 funding organizations and is in­ '93 or for post~ graduate funding after dexed according to their subject ar­ graduation. Remember that the early eas. In addition this publication lists One of the most difficult parts of The Center has two national li­ bird catches the worm. an extensive bibliography of other the funding process is selecting those braries in New York City and in To discuss fellowship or grant funding-related publications and da­ foundations which might be most in­ Washington, D.C. and two field of­ funding in greater detail, please set tabases. terested in your project from the over fices in San Francisco and in Cleve­ up an appointment with Tom Many of these additional publi­ 27,000 active foundations in the U.s. land. Call them for a complete sched­ Schoenherr in the Career Planning cations and databases are accessible Foundations do not generally issue ule of hours. Center. at the New York branch of The Foun­ announcements or lists of grants they Grant and fellowship information dation Center which is located at 79 will be awarding in the coming months is mailed regularly to Dean Feerick Dorm continued from page 1 5th Avenue (at 16th Street) on the 8th or years, so how do you find out if and to the Career Planning Center. residence is " ... to provide housing floor and can be reached by telephone there are any that might be interested When this information is received, it close to the school and build a greater feeling of community at Lincoln Cen­ :1 ••••••••••••••••••••••••••••••••••••••••••••••••••••...... ter." Professor Martin added •• •• "Whether we are elevated or not [in •• •• the rankings is a side benefit, it is the ' Dean's idea to create more of a com­ § Are you interested in ! munity by providing facilities for stu­ dents to be around each other and more interaction will be a great ben­ § volunteering with ~ efit..." for the Fordham community. Additionally Dean Reilly expressed " ... this will be a great opportunity for ~ Habitat For Humanity ~ students to meet other students in the •• •• other schools at Fordham ... " and "will :: over Spring break? :: certainly enhance the experience at Fordham." •• •• To accommodate students com­ ~ Looking for something to do ~ fortably, all apartments are to be car­ peted and fully fu rnished; each will be equipped with an efficiency ~E over the holidays? ~ kitchen, and individual heating and air conditioning units. Additionally, the residence will contain a health § Interested in fellowships? ~ and exercise facility, with locker and shower rooms, study and social lounges, and on site medical care. ~E Then stop by the public interest ~ It is not too late to express your . ~ .. views concerning future occupancy and specific benefits for law students. :: office (Rooll1. 12) before :: " .. . we would like any input.. .from the .~ .. students as to their feelings and :: Decell1ber 13th :: ideas .. ." noted Professor Martin . .~ .. For more information contact the .~ .. .~ .. Office of Residential Life at 579-2327 •·~11111111~1~11~1~~~111111~1~1~.1~.111111111111.111.1.11.1.1.~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • or Prof. Martin at 636-6827 . December 1991 • The Advocate REFLECTIONS 5

In the Jesuit Tradition First of a Six Part Series By Rev. Edward G. Zogby,S.J.

Biographical Note On The Author: American Constitution with its that the choice today is either law of freedom guaranteed by our Rev. Edward G. Zogby, S.]. is the distilla tion oflong centuries of political freedom or law of command. "But Constitution had been fought for and Assistant Vice President for the Lincoln thought and achievement, and its firm throughout history," he said, "and won by another part of humanity in Center Campus. Father Zogby has a very resolution of these dynamic animating never more than in our day, the great some other part of the world before diversified background. He holds a strands of influence into an even more question has been whether that law our nation was born. Men before us Doctoral Degree in Humanities from dynamic possibility of living freely was to be compatible with the basic had sacrificed security, property and Syracuse University where his particular and peacefully together - the instinct of all human beings for life itself to win the freedom of speech, emphasis was in religion and literature in American public consensus forged in freedom for opportunity, for dignity, of press, and of assembly; the right to the writings of C.S. Lewis and ].R.R. a pluralist milieu. and for peace." Students of the law petition government and to be Tolkien. While at Le Moyne College, Fr. represented by its counsels; the right Zogby was both a Professor of Theology to habeas corpus, trial by jury and due and as Chairman of the Religious Studies process oflaw; and above all, the right Department. Fr. Zogby can be located in to believe according to conscience, Room 224B of the Lowenstein Building. and therefore to freedom of religion. Law School students are encouraged to This is the same vision, the vision take advantage of his individual of free institutions and of a society counseling services which are both born from the experiences of the many interesting and rewarding. Rev. Zogby diverse traditions agreeing to disagree also celebrates Mass frequently at in the public argument in search of 12:30p.m. in Room 221 of the Lowenstein fulfilling public responsibility which Center, the Chapel at Lincoln Center. inspired Jesuit Father John Courtney Murray. For him the American "In the Jesuit Tradition" is a proposition announced in the defining concept for many people Declaration of Independence and denoting "where we came from" - recalled so desperately by Lincoln had all in the past with little orno potential all of the affirmation and intention of for the present or the future. Such a a religious truth: all men at:e created denotation misses the point inherent equal.: He said "ft is at once doctrinal in the the Jesuit tradition which has and practical, a theorem and a played a large shaping role in the problem. It is an affirmation and also history of the world. "In the Jesuit , an i·ntention." . Far: Murray, . the· . Tradition" is attention to the real and , American proposition is a matter of the intention to ma.ke ~ .difference in the mind requiring as it does in the the whole world, to empower people epistemology of faith, an intellectual to awaken the desi!eJor learning and • assent; it is.also.an organized political re~Pf?~ibp'ity'. tP, , ~!itablis~ent 01 '. project needing, historical s~ccess. It . networks of relationships and a . needs development (itis not a finished willingness to be at the cutting edge of thing) and requires measures to save knowledge and development. In a it from decadence. word, to whet the desire to become Lincoln saved it from &lecadence evermore conscious (despite the pain at that critical moment in our nation's involved) than less conscious. It is in growth at Gettysburg- he asserted this spirit that I present this series of what was imperiled .in the theorem articles on the American Jesuit and gave impetus to the impeded part Theologian John Courtney Murray, of the project. We are involved in the who, untilhisdeath,embodied forus If you don't stop to take a look at the world immediately around you, you'll project once again. who studied under him, this attention miss many beautifful things It might help to end this first article to the real and the intention to be with a quote from Murray: ''Today, always at the cutting edge of his time. Since this represents one of his intent only on a mechanical grasp of when civil war has become the basic In his lifetime he brought great energy major categories, I would like to use the law or intent only on serving the fact of civil society, there is no element and clarity to the Church-State debate his voice: _ needs of their clients failed, in of the theorem ("all men are created in America, and, with Pietro Pavan, "By pluralism here I mean the Warren's estimate, to know the equal") that is not menaced by active he co-authored the Vatican II coexistence within the one political principles to which our legal tradition negation, and no thrust of the project document on Religious Freedom, a community of groups who hold divergent is attached, and failed in any effort to that does not meet powerful document which has deeply affected and incompatible views with regard to preserve that tradition. He reminded opposition. Today therefore the growth of Catholic and religious questions that concern the nature his audience that New York City stood thoughtful men among us are saying world-wide consciousness. He lived and destiny of man within the universe as a symbol of our nation in its that America must be more clearly to see his work become an integral that stands under the reign of God. pluralism; it is "not .only democratic conscious of what it proposes, more part of Church thinking when the Pluralism therefore implies disagreement but free- not only free but strong."1t articulate in proposing, more decrees of Vatican II were and dissension within the community. is the experiences of these people in purposeful in the realization of the promulgated in 1%5. He died two But it also implies a community within the city and not just the "logic of the project proposed." years later. which there must be agreement and law" which provide the "life of the ''There are truths, and we hold Father Murray can rightly be consensus. There is no small political law." We did not create free them, and here we lay them down as called a theologian of the First problem here." institutions, we inherited them. the basis and inspiration of the Amendment. His book, We Hold It is significant for us at Fordham The Chief Justice summarized for American project, this constitutional These Truths: Catholic Reflections on Law School that Murray's book was his Fordham audience: "Every commonwealth." the American Proposition(1960) is an published in 1960, for on May 4, 1960 erudite, highly sophisticated reflection Chief Justice Earl Warren stood right on the First Amendment. It here on West 62nd Street and demonstrates passionate love for the Columbus and spoke at the unveiling Dont like of the cornerstone of the present law For the Record . .. school. He spoke of the same the Advocate? The last SBA update contained American ideals, almost in a religious the names of the Advocate's new sense. Presently, I hope to raise for Think we're biased? editorial board and we thank the consideration the thoughts of these SBA for doing so. HOWEVER, two men who loved the law and Then do something about it. they misspelled the name of our nurtured its growth. They were not The Advocate is accepting new managing editor. His name resigned to being mechanics working is Michael V. GRACIA. Says on the body of the law; they were applications for columnists. Gracia, "I bet if my name was creating and re-creating it as our Lowenbrau Fitz would have situations and population grew Call Dave Javdan gotton it right." increasingly complex. (212) 316-7885 The view reflected herein is that Chief Justice Warren that day of Mike and not of the Advocate warned the young Fordham students 6 EDITORIALS December 1991 • The Advocate Editor's Note: The Advocate United We Stand ... - Fordham Law's Own Newspaper

This issue of the Advocate is the have also decided, in certain limited General editorials are passed by a majority first put out completely by the new circumstances, to publish articles of the Board of Editors and represent the editorial board. Our goal is to make submitted to us from the legal com­ views of the Advocate this Fordham Law's own newspaper. munity outside of Lincoln Center. By We want to work to re-establish the doing this we hope to expand the Last week at a local pub, a small group of "second-years" was idea that Fordham is a community, horizons of our community by re­ washing a weeks worth of confusion with a surfeit of beer. Many and it is our goal to make the Advocate minding everyone that these is indeed students have notice that, whether by design or coincidence, some of the the paper for that whole community. a world outside of these hallowed professors who have joined the faculty in recent years have emphasized We are dedicated to working hard to walls. social policy and theorethical perspectives in their courses. If there is pursue this goal for we believe that it We also promise that much of any validity to the old criticism that Fordham is myopic in its teaching, is only within the context of such a the material in the newspaper will concentrating only on black-letter New York law, this new trend of community that the Advocate can remain controversial. However we teaching will do well in eradicating this old assumption. In spite of the foster the free exchange of ideas. We hope that the newspaper itself will headaches caused to the at the pub, a greater emphasis on social policy also know our limitations. We cannot cease to be the subject of controversy. issues is welcome. pretend to turn the school around on We will do everything we can to fur­ Hearty debate should be encouraged in the classroom. A greater our own. For the newspaper to suc­ ther this goal, but please remember, number of students need to voice and develop their opinions on legal ceed, it must become wholly inclu­ this newspaper is put out by a bunch and social issues of national concern. A variety of policies, long thought to be sacred cows within the Washington beltway, are being revisited. sive. We also realize, however, that of students. Weare not perfect. When Recent changes in the Supreme Court may result in revision of prevailing we have a long way to go. For too we make mistakes, point that out to law or at least changes in the underpinning rationale of the past long now the debate has focused on us, and we will make what amends benchmark cases. The High Court's move from a liberal to a more the medium, the newspaper, rather we may and apologize. Let there be conservative interpretation of the constitution clearly implicates an than upon the message. As much as no confusion whatsoever, however, increased role for the other two branches of government. Most of us will we love the newspaper, we realize about one point. The paper will con­ be effected in one way or another by the new Court. While Fordham tha tthe newspaper itself is somewha t tinue to address controversial issues students may not be quite ready to sit on the Supreme Court, some of trlvial.lt is the ideas expressed within in a timely and professional manner, us will soon run for office. Certainlty most of us can vote or otherwise the paper that are important. As you and will print all signed submissions influence public policy. Fordham students and faculty have an obligation can see, the Advocate is in a state of we receive (we are willing, in certain to discuss and robustly debate issues such as the environment, affirmati ve transformation. Each new issue brings limited circumstances, however, to action, crime and others which are current subjects of proposed about great changes. We promise to withhold the name of an author is so legislation. put out a newspaper that Fordham requested). Sometimes there is no Now is not the time for curtailing discussion or ignoring public can be genuinely proud of. We prom­ way to avoid offending some people's policy questions. Father O'Hare, President of Fordham University, ise to try on focus on matters of sub­ sensibilities. Please remember, the recently remarked that a diversity of opinion should be enthusiastically stance not form. In return, we now nature of the newspaper is in your and openly debabted without censorship by those who would promote ask for your support, your contribu­ hands. We do not pretend for one politically correct thoughts or who would otherwise suppress views. tions and your criticismsWe are not, moment to speak' for the whole Fordham law students are usually well-informed and opinionated, but however, asking for your blind faith. Fordham Law School community. too slow to jump into debates over various aspects of social policy. It is We all are planning to be I~Wyers We are not published by the SBA or no longer enough to focus on a professor only when he or she is reciting after all. As a token of our good the Administration. We do not run black-letter law. Nor is it enough t 0 mumble passively when someone intentions, we have offered and will mentions an idea with which you agree or disagree. Promoting valuable editorials by the whole school for a discussion in the classroom is essential, but discussion cannot begin continue to offer every student orga­ vote before running them. Rather we without the vibrant participation of the the students. nization its own, unedited space in are a student organization. Our pages The benefits of open discussion may have escaped the inebreated the newspaper. While the content of represent the rawest form of democ­ group at the pub but they, as individual students, and the law school in this space is completely up to the racy. We print what we get. We are general will benefit as more of us contribute to the marketplace of ideas individual organizations, we hope also a "real world" publication. If you and as we carry the discussion of issues to the national level as alumnae that this space will be used to pass do not like what you see, then the only of Fordham Law School. along information about matters both way you can change it is to get in­ within and with the Fordham and the volved. We are the law school's legal communities. Alternatively, we newspaper - our staff is the student hope that this space will be used to body. If there is an issue you want to foster open discussion and debate. cover, please cover it we will print it. THE ADVOCATE Inclusion, however, remains our main If you feel that the newspaper is un­ Fordham University School of Law . focus. One need not be a part of a balanced, balance it. We can not bal­ student group in order to be heard. ance the newspaper ourselves. We We are accepting applications for the can not write a counterpoint to David A. Javdan positions of columnists as well as staff­ everybody's point (we are students Jerry Choe EDITOR-IN-CHIEF William Bruno writers. The views expressed in these Shukie Grossman COPY EDITOR too, after all). Our resources are lim­ Sharyn Stein Michael V. Gracia columns will reflect those of the au­ ited. This is the way, by editorial, that ASSOCIATE EDITORS MANAGING EDITOR Raymond Liddy thor, and not necessarily those of the we often must solicit pieces. We can CARTOONIST Advocate, and will be so marked. not continually come up to every Raymond Liddy To further this goal of inclusion, person or organization on campus and Joe Cartafalsa EDITORIAL PAGE EDITOR Melissa Pearsall we have also solicited submissions beg for submissions. If you feel that ALUMNI AFFAIRS PHOTOGRAPHER from all members of the Fordham you want a greater say in the affairs of Irene Wang Marc Ferzan community, students, faculty, ad­ the newspaper, apply to be an editor. PRODUCTION EDITOR Lane Forsythe Diana Thompson ministrators and alumni. We have We are not an exclusive organization Dan O'Toole ARTS AND please to have received a number of and we are continually accepting ap­ ENTERTAINMENT EDITORS EMERITUS submissions from all of these groups. plications. If you have any questions Most notably, we would like to thank or comments about the newspaper, STAFF: Steve A. Budin, Michael C. Fries, Matt Goldstein, Guy S. Wiggins Deans Feerick and Reilly, Rev. Zogby please write a letter to the editor. If and Career planning Directors Tom you think that none of these alterna­ Schoenherr and Kathleen Brady for tives are acceptable, you can speak to The Advocate is the official newspaper of Fordham Law School, published by their contributions to The Advocate; any of the editors or call me directly at the students of this school. The purpose of The Advocate is to report the news con­ Terri Austin for her willingness to (212) 316-7885. cerning the Fordham Law School community and developments on the legal profession, and to provide students with a medium for communication and expres­ cover the John Brittan lecture for this As the new editors, the form of sion of opinion. The Advocate does not necessarily concur with opinions expressed issue and all the members of the fac­ the newspaper may be in our hands, herein, and is not responsible for the opinions of individual authors or for factual ulty as well as the alumni who have but its significance remains in yours. errors in contributions received. Contributions are tax deductible. Address all letters, manuscripts, and blank checks to: The Advocate, 140 W. 62nd St., Fordham recently begun to contribute. To ex­ We have a clean slate before us all. University School of Law, New York, New York 10023. Letters should be typed in pand our alumni input, the Advocate Together, let us see how much we can no more than 250 words in length. Submissions made on disk will be greatly will soon be mailing a copies of recent accomplish. appreciated and will receive first priority in publication. We reserve the right to edit letters for length. issues to active alumni. To further © 1991 The Advocate expand the scope of our coverage, we -David A. Javdan , " I Editor-in-Chief December 1991 • The Advocate LETTERS 7

"The Day the Merit Died" Who Will Review the Law Review? To The Editor: To The Editor: As I searched out a place to sit in The most prestigious organiza­ significant policy decision would jective. While many students un­ the cafeteria, I came across a table of tion at this school, the Fordham Law have far-reaching ramifications. doubtedly support the Law Review's third year students. "Did you hear?" Review, apparently is also a secret Need they be reminded thatthe Law action, others are left troubled and con­ one of them asked me. My puzzled society. Review is no ordinary student orga­ fused. look was greeted with the front page of The editors of the Law Review, nization? The following are some of the The Advocate and a unanimous sigh: in an unheralded meeting last spring, As trustees of the school's oldest questions that students have raised. Is "Law Review Institutes Affirmative quietly voted to institute an affirma­ scholarly journal, they have an im­ it a quota? Will it stigmatize minority Action Policy." All were incensed. tive action program to increase mi­ plicit obligation to lead and raise the students? Will it increase diversity of Further discussion with other students nority membership on the board. level of discourse in the legal profes­ viewpoints? Are we doing it because from differing years, some current law While I have no quarrel with the sion. In sum, the Law Review rep­ of NYU and Columbia? Is this merely review members, but not yet editors, Law Review's decision to promote resents the best of Fordham to the an attempt to compensate for the low yielded identical reactions. In the cur­ diversity within its ranks, I am dis­ outside world. number of minorities at Fordham? rent legal market such resentment from turbed by the lack of public discus­ All of us then had a stake in the Should the other journals and moot those not benefiting from the program sion of the matter. Law Review's vote. And certainly court do the same? All of these ques­ seems natural. As a practical matter, Although the editors of the Law the entire law school community tions are proper and valid. They de­ attempts to further split the pie are 'Review debated the value of an affir­ would have benefitted from a debate serve to be answered. The editors of likely to be unpopular when many are mative action policy for nearly two over the merits of an affirmative ac­ the Law Review can show that they are starving. It is my firm hope that anger years, none of this discussion ever tion in academic organizations. truly concerned about increasing the at this new policy will not be directed ventured beyond the Law Review The Law Review's cIosed-door spread of reason by holding a public at the beneficiaries: as far as I can tell office on the second floor. approach, however, has only raised forum on the affirmative action policy they never asked for it and certainly Surely, the Law Review editorial unnecessary suspicion and questions immediately after winter break. anyone would be foolish to refuse such board must have known that such a about an otherwise sound policy ob- - Matthew Goldstein an advantage. Clearly the editors are within their right to implement such a policy. They are private actors. Endorsement by a dean, the law school or Cuomo himself cannot change that. The strained inter­ pretations of "state action" previously employed to support affirmative action policies could be utilized by opponents s. lc.~ .... <- ~-c..t _ .s~h3.

To The Editor, Since The Advocate's editorial staff majority of the student body, please Free Speech at Risk published opinions critical of affirma­ criticized COBA (Committee on Bias ignore the pressure and continue to at Fordham tive action, lt invited the submission of Awareness) in the last issue, COBA has tell it as you see it. contrary opinions, what the letter called tried to cause havoc for The Advocate. In addition, I've heard rumours to Reply and Comment expecting outraged minority organi­ COBA's mounting pressure on The the effect that COBA and other stu­ zations to respond." Advocate is best portrayed by their dent groups have demaned a 7-day To The Editor: It is apparently not enough that questioning the SBA's "propriety of notice of any editorial criticizing their Both the Black Law Students the school paper present an open fo­ funding the Advocate." Although I do organization. Supposedly, COBA Association (BLSA) letter and the rum for BLSA, or anyone else, to argue not agree with everything stated in al}d these groups desire the right to ascension of COBA raise the dis­ affirmative action. BLSA apparently that editorial, I supportThe Advocate's respond ,to these editorials in the turbing possibility of the muzzling now believes that since it isn't their right to criticize or support COBA same issue. of free speech at Fordham. TheBLSA responsibility to balance the paper, that without the threat of losing funding. The editorial staff should not be letter because of the possibility it the editors of The Advocate have a re­ COBA's response to the editorial coerced into giving special attention raises of the censorship of The Ad­ sponsibility to make their arguments seems to be an act of retribution. Let's to any organization. COBA as well vocate, an activity that the Commit­ for them. If The Advocate has a scarcity be honest. If the editorial staff sup­ as the others should have the right to tee on Bias Awareness (COBA) may of opinions in favor of affirmative ac­ ported COBA, there would be no con­ respond inthe next issue with a letter be concurring in if the recent news in tion or that relate to other "issues rel­ troversy. In fact, if the editorial staff to the editor. This is the same right theSBAUpdateisaccurateandCOBA evant to the minority communities," it condemned the Fordham Republicans extended to both liberal and conser­ because of the potential for the insti­ is not because of anything the paper or the Federalist Society, many liberal vative students, tutionalization of sanctions for has done (to the best of my knowledge, would be happy and/ or remain silent. COBA's retributive actions prompt speech of a certain content. The Advocate hasn't censored any Neither liberal or conservative groups me to suggest a legislative proposal BLSA's letter accused The Advo­ opinions) but because no one on that should be permitted to coerceThe Ad­ to the SBA. To free the press from cate of not presenting issues in a side of the issue has condescended to vocate into printing favorable editori­ inexcusable pressure, the Advocate "fair, accurate and objective" man­ pick up a pen, Mr. Rademaker's letter als or granting special advantages. should received on automatic per­ ner. This letter did not cite any of the last issue being an exception. The editorial staff has a duty to give centage of the "activity fee" given to specific example of an imbalanced The Advocate provides a forum for their honest views to the student body. the SBA each year. . , story and itwas apparently directed the student body on issues of concern On behalf of myself and hopefully the - Aron G. Weber at the fact that when The Advocate to the Fordham community, continued on page 10 8 OUTSIDE VIEWS December 1991 • The Advocate The views reflected here are those of the authors and not neccessarily those of The Advocate 'Tis the Season of Religious Symbol Warfare

By Alan Dershowitz Jews----contentious problems remain. comfortable standing. Nor did they traditionally recited at public school Professor of Law, Harvard University Some cities and towns-like my own, want to remain sitting, and be singled graduations-and the fundamental­ Cambridge, Mass.-simply ignore the out for showing disrespect of other ist minister's sectarian invocation of With the Christmas season Supreme Court and set up entirely people's belief. They felt "absolutely Jesus is far more typical than the quickly approaching, we can once religious nativity scenes in the public humiliated," but went along with the rabbi's patriotic pablum-they may again anticipate a divisive battle over garden. Others surround the nativity exercise. well rule in favor of the Weismans. which religious symbols, if any, scene with secular symbols of the Three years later, when If the Christmas nativity scene should be exhibited in town halls, city holiday season-such as plastic rein­ Meredith's younger sister Deborah cases are any guide to how Supreme squares and other public places. deer and other decorations-in an graduated, the Weismans requested Court religion cases are followed, it is Several years ago, the Supreme effort to circumvent the Supreme that they not again be put into that essential for the Supreme Court to err Court ruled that a Christmas tree was Court's prescription on purely reli­ uncomfortable-and in their view on the side of keeping high the wall of acceptable, as was a Hanukkah gious symbols. A few cities and towns unconstitutional-position. The separation between church and state. menorah, but that a nativity scene have sold their nativity scenes to pri­ school board responded by inviting a If the court gives the wall breakers an was not. The high court reasoned that vate chambers of commerce, which rabbi to give the invocation. The rabbi inch, they will take a mile. Even when Christmas trees have become secular then display them on privately owned was far more sensitive than the min­ the courts rule in favor of strict sepa­ artifacts of the holiday season, rather shopping malls-a perfectly permis­ ister had been. He thanked the "God ration, their rulings are flouted. For than religious symbols of Christiani ty. sive alternative. of the free, hope of the brave for the example, the press reported that when The justices had a somewhat harder The end of the Christmas season legacy of America where diversity is the lower court ruled in the Weisman time with the menorah, which is quite will not, however, bring an end to celebrated and the rights of minori­ case that the rabbi's prayer was un­ clearly a religious symbol, represent­ religious symbolic warfare. The new ties are protected." The rabbi even constitutional, "school officials in ing the "miracle" of Hanukkah, in battlefield is public school gradua­ praised the "Court system where all nearby Cumberland," Rhode Island, which a one-day supply of oil re­ tion ceremonies, and the battIe is over can seek justice" -perhaps his own "heeding the advice of the region's mained lit for eight days. Justice explicitly religious benedictions at mini-brief to the high court. Roman Catholic hierarchy," openly Blackmun struggled mightily to bring such ceremonies. But the Weismans were not de­ defied the court "and continued to a secular meaning to the menorah, The specific case before the Su­ terred from their principles by the invoke God at public school events." reasoning that it symbolizes "national preme Court began several years ago scnool board's attempt to patronize The Weismans themselves have heroism," "ethnic identity" and "cul­ when Meredith Weisman graduated them by inviting "one of their own." been subjected to "hate mail, much of tural celebration," in addition to "di­ from a public junior high school. The The Weismans objected to any religion which is littered with antiSemitic slurs, vine interventions" and "religious school invited a fundamentalist Bap­ being introduced into public school thinly veiled death threats, obsceni­ significance." A stretch perhaps, but tist minister to give the invocation. celebrations, especially those involv­ ties and misspellings." As Vivian necessary-in the high court's view­ Insensitive to the fact that several of ing young, impressionable students. Weisman- Deborah and Meredith's to avoid second-class status for Jews the graduates were not Christian, the The justices have now heard the mother-put it: "The greatest irony is in America: "Because governments minister ordered all in attendance to case. If they consider the issue before that our family is being accused of , , I 1" or- ,. I )' ~'L may celebrate Christmas as a secular , stand up and give thanks to Jesus them solely in the context of the ecu­ being un-American because we are holiday, it fo\lows that governme:r:tt Christ, our Savior, for their academic menical px;.ayer carefully drafte9 by p , fight;~g ~9r ~~~, ~~~l ?f.~i9-h,ts, d1f~~g . may also acknowledge Hanukkah as accomplishments. Imagine how \ he lawyedo present an artificial test case, (its) 200tli Anpiversaiy'" ,- - a secular holiday." Weismans-who are Jewish-must they will probably rule in favor .o,f the Notwithstanding this egalitarian have felt. They do not regard Jesus as school board. But if they look realisti­ approach-at least to Christians and their savior, and so they did not feel cally at the kinds of prayer that are York Judicial C.ommittee.on Women use avoid Fair Speech: .. Gender Neutral in the Courts has written this pam­ representative spokesman phlet. Its purpose is to suggest a few Member of the , Assemblyman Language in the Courts fairly simple rules that will help all of Assembly us who use the c.ourts or work in the Member of Congressman The following has been exerpted from face. On any day that our courts are c.ourt system t.o avoid unintended Congress, a pamphlet that was prepared by the New open they are filled with clerks and slights or c.ompromises .of the ideal of Representative York Judicial Committee on Women in court officers addressing litigants, equal justice. Of c.ourse, we als.o must the Courts, which was created by Chief lawyers talking with each other, and learn to listen t.o ourselves with an ear Expressions that include the Judge Sol Wachtler in response to the judges making rulings from the bench. sensitive to the effect of our words on w.ords man or men can also be changed report of the New York State Task Force All of them are conveying not only listeners of b.oth sexes. so that women too are included, e.g.: on Women in the Courts. Since 1986, the data and facts but a variety of subtle Use inclusive terms, rather than Committee has acted asan advocate within messages about the status of the par­ masculine forms. Many forms of ad­ use avoid the judicial system and a focal point of ticipants in the exchange and their dress exclude w.omen. Good substi­ reasonable reasonable man community concern for the courts' obli­ relations with each other. When tutes, however, are easy t.o find: person , gation to provide fair treatment to women. women are made invisible by the lan­ artificial man-made guage or treated with less dignity, a use avoid staff manpower . When Chief Judge Sol Wachtler damaging message about their place chair, a one-person a .one-man launched a campaign to alter the in the courts is broadcast. chairpers.on chairman operati.on .operati.on treatment of women in the court sys­ At stake are not just claims for members.of gentlemen high ranking men in high places tem, he declared that "Gender bias equality. Clarity is another victim of the jury .of the jury .officials against women in our courts is unac­ language that inappr.opriately inc.or­ c.olleagues brethren diplomacy statesmanship ceptable." The energy generated by porates gender. The ambigu.ous use, this campaign has reached into the f.or example, of male terms t.o refer t.o Designati.ons f.or pr.ofessionals or Avoid using "he" as a generic critical realm of language, and, in re­ b.oth men and women does create categ.ories of w.orkers .often are a pronoun. "He" sh.ould not be used to cent years, the formal language used confusion, s.ometimes with prof.ound source of lingering problems. Since refer t.o a group of people that may in our courts has changed. Forms, effects. Indeed, in one n.ot.orious case job segregati.on hist.orically has been a include men and women or an indi­ regulations, and statutes have been the Supreme Court .of Washingt.on barrier to women's claims for equal­ vidual wh.ose sex is n.ot known. In­ reviewed and rewritten to eliminate State reversed a murder conviction, ity, using gendered terms may have stead you might: words and expressions that exclude in part because a jury was instructed the effect of implying women still 1. Eliminate the pronoun altogether. women or perpetuate the assumption on the reasonable man standard for a cannot rightfully hold certain jobs. For example, "A court clerk can give that men are the norm. Regulations claim of self-defense on behalf of a Again, substitutes are now commonly you his advice on that form," can be no longer say he when they mean he 5'4" woman attacked by a 6'2" man. used, e.g.: changed to "A court clerk can give or she, and official letters are not ad­ The court specifically faulted the you advice on that form." . use avoid dressed to "Dear Sir" when therecipi­ "persistent use of the masculine gen­ 2. Find a neutral article or pronoun, police officer ents are judges, lawyers, or any other der" that left the impression that the policeman such as a, the or this. "A judge can fire fighter fireman group that rna y include both men and measure for reasonableness was an always make his ruling orally," might worker workman women. altercation between two men. State v. be replaced by "A judge can always homemaker housewife Spoken language is equally im­ Wanrow, 559 P.2d 548, 558 (1977). make the ruling orally." nurse male nurse portant. In courts people communi­ Acknowledging the critical role 3. Rearrange the sentence to use who executive businessman cate great quantities of critical infor­ that words play in the climate of as the pronoun. "If someone wants an journalists mation, not just on paper, but face to courthouses and courtrooms, the New gentlemen of adjournment, he should ask for it the press continued on next page December 1991 • The Advocate .' . -.' .CONTINUED 9- continued from previous page ' during the calendar call," can be al­ tered to "A person wh'o"wants an adjournment should ask for it during the calendar call." 4. Replace the pronoun with a syn­ onym. "You should find a court offi­ cer. He is the one who can help you," t;;H!OfU7t/ Cr€l Bluk IJ.lSIf)£ / can be changed to "You should find /' AtJO '"'TENb 10 ,(DUll. CII~RE5 . a court officer. That is the official who can help you." 5. Use a plural pronoun. Instead of saying, " A juror must make his own assessment of the credibility of each witness," you can say, "Jurors must make their own assessments of the credibility of each witness. " Use consistent forms of address. When no other title is appropriate, Ms. and Mr. are usually the correct forms of address, not Miss or Mrs. . -- and Mr. While Miss or Mrs. may be acceptable when a woman specifi­ cally asks for such a designation, in general, these forms should be avoided because, unlike Mr., they gratuitously call attention to a person's marital status. Often you can use exactly the same form of address for men and women by calling them by their professional titles. Of course, these titles should be used consistently for both men and women. All physicians are Doctor (not Dr. and Ms.), police personnel are Officer (not Officer and Ma'am), and lawyers are Counselor (not Counselor and Ms.). Use formal rather than informal The Day the Merit Died admitted to what was and I hope the merit-based procedure of selec­ forms of address. Using first names cont'd from page 7 continues to be the most prestigious tion, rather than detract from it as this to refer to litigants or witnesses quotas to limit the number of minori­ journal at Fordham. They are denied new policy will. If the editorial board should be avoided not o~y because ties in positions of influenc~. These the adulation and respect of their seeks a Law Review based on pro­ the informality is inappropriate in are the biggest racists of all. friends and families that accompany portional representation rather than the courtroom setting, but also be­ Discrimination based on race: the such a distinction. They are denied merit, then it should inform the stu­ cause it is women who are most often notion that different backgrounds or the opportunity to note their accom­ dents to allay their 4isapp~intment at patronized in this manner. The mo­ skin colors disqualify someone from plishment in a cover letter. They are not being selected and inform the tives for calling someone Maria or competing is the antithesis of a denied the opportunity to note their employers so students whose resumes Jeannette may be simply habit on the meritocracy. It is counter-produc­ accomplishment in a resume. They are one line shorter than others are part of a court official or an attempt tive, wasteful and most importantly are denied the opportunity to note not disadvantaged. by a woman's own lawyer to put her harmful. State actors are prohibited their accomplishment in an interview. The most unfortunate result of at ease. However, all litigants, in­ and private actors are rightly dis­ One editor responded that were it not the new policy is that those minority cluding defendants in criminal cases, couraged from doing so. An extep­ for the program, the size of the Law students who earned their place on deserve a proper form of address, tion has been carved for affirmative Review would not increase and such the Law Review and those minority and the dignity of the more formal action programs to help redress the denial would occur anyway. That students who earned their place in the designation might do more to make a wrongs of the past. Indeed judicial editor missed the entire point: if new top 25%, will probably not receive the witness comfortable than the inti­ validation of such policies presup­ spots become available they should respect for their outstanding accom­ macy implied by the use of a first poses a history or pattern of discrimi­ be filled by the same procedures and plishments which they deserve. name. nation in the area sought to be recti­ by members of the same pool. Open Rather, because these separate ac­ Altering speech habits may re­ fied. The Law Review does not and to all or open to none, but a merit­ complishments will be impossible to quire conscious thought for a period can not claim that an anonymous based system may not by definition discern, those students will be lumped of time, but change is part of any grading system and writing competi­ be open to some. together with an "asterisk" and will living language, and English, which tion discriminate on the basis of race. Non-beneficiaries are also sup­ receive the disdain of jealous students is an unusually rich tongue, is still Dean Feerick endorsed the measure posed to be comforted by "the cap on who probably did worse their first evolving. What was considered as a "response to a gross the program which will prevent mi­ year. This no one deserves. questionable usage a decade ago may underrepresentation of minorities in nority overrepresentation on Law The effects of past discrimination be commonly accepted now. What the legal profession" (Advocate, Oct. Review" (Advocate, Oct. 1991). I am must never be forgotten. The horrors feels awkward today may seem emi­ 1991). Were this program instituted sure that statement was not intended perpetrated on fellow Americans can nently natural tomorrow. For ex­ by a private firm with constantly the way I first read it. In a merit-based never be fully remedied. Our society ample, the term" chair," now a com­ changing goals and needs, such system the only people that can be will continue to ache from our dis­ monly preferred designation for the comment would be appropriate. But overrepresented are the meritorious. eased past. Whether the cure lies in person in charge of a meeting, pre­ since the body carrying this program If the fifty best students and writers programs benefiting those in a certain dates the use of"chairman," although forth purports to identify and reward were all minorities, clearly no one race or in programs distinguishing it fell into disuse until its recent re­ the highest achievers in our school, could object. Under such a scenario among economic classes is a task for vival. Indeed, grammarians settled the comment, like the program itself the Law Review would serve the another day. The problem of how to on the use of "he" as a generic pro­ is out of place. school as well as it currently does and determine membership on the Law noun less than three hundred years The attempts to sugar-coat the has. Review is far easier. Future editors of ago. Even the New York Times has policy, publicly by Mr. Keyes and If the editorial board is concerned the Law Review I ask you finally to changed. It now permits the use of privately by other editors, also fail to that there are minorities in the upper consider this: prior to this year, "Ms.," a term that it staunchly es­ justify the program. We are told that part of the top 25 % who should be on members of the Law Review were chewed for many years. "no non-minority will be denied a Law Review, then it could cancel the judged by the content of their blue The goal is worth the effort it place on Law Review because of this writing competition and simply take books, now they will be judged by the' takes to reach it. After all, as an essay new program" (Advocate, Oct. 1991). the fifty highest GP As. Distinguish­ color of their skin. Which method do by Wendy Martyna, a scholar This is absurd. If the size of the Law ing candidates with nearly identical you support? studying language and gender, re­ Review is expanded and certain stu­ averages would prove no more diffi­ -Grant Esposito cently suggested, when we change dents are disqualified from compet­ cult than under the new policy when old habits of speech weare doing ing for the new spots, those students more than one minority student is Prejudice is the reas. I of fools . nothing less than creating"a language are denied a place on the La w Review. permitted to join the Law Review. - Voltaire that speaks more fairly and clearly of They are denied the honor of being Indeed, such a system would enhance us all." I 10 FROLIC AND DETOUR December 1991 • The Advocate

Servy And Bernice 4-Ever ARTS AND 1/5/92 ENTERTAINMENT Kathleen Battle, soprano, at Carnegie Theater Review GUIDE FOR THE Hall. 3pm. $13 - $60. discovers the truth about Bernice and WINTER BREAK THEATRE By Meg Garl Kirschner is left ~eeling hurt and betrayed. "Six Degrees of Separation" will close The writing is wonderful. The au­ By Diana Thompson Servy and Bernice 4 Ever, now thor, Seth Zvi Rosenfeld completely January 5, 1992. Lincoln Center The­ playing Off-Broadway at the captures each character and develops 12117 ater, 150 W. 65th Str., 787-6868. Provincetown Playhouse, is the lat­ them to the fullest. He makes us care Jewish American Poetry Festival For discount tickets to many Broad­ est in the evergrowing line of about these characters. Jewish Community Center of Met­ way and Off-Broadway shows, visit unrecquited love stories. It is the 90' s Ron Eldard' s performance as Servy ropolitan N.J., 760 Northfield Av­ the Student Activities Office, room version of West Side Story, and it is exceptional. He brings Servy to life enue, West Orange, N.J. 408, Lowenstein. works. and we want that life to be a good one. 201-736-3200. 7:30pm. $3. For complimentary tickets to talk Bernice is an aspiring black I found myself empa thizing with Servy. 12119 model who left her home in the We want things to work out for him. shows (i.e., Geraldo Rivera, Phil "Shake It Up: Six Ways of Looking Donohue) and several performances projects of Alphabet City and moved Eldard makes a tough street kid, sweet at Shakespeare" Staged readings to Boston to pave her way in the and gentle and we see a bit of ourselves at Lincoln Center and Carnegie Hall, by six American and Europan di­ call the Student Activities Office at world. Ashamed of her background in him. rectors. Writer's Voice, 2 W. 64th she creates a fictitious one for her­ Also outstanding is Cynthia Nixon 636-6250. Mon. - Thurs. lOam - 7pm. Str., 875-4124. 8pm. Fri., lOam - 5pm. self. She describes a lifestyle filled as Caria. She's fun, fabulous, we want $6 or $3 for students with I.D. with money, esteem, education, and to be her friend. Her performance is OTHER CULTURAL EVENTS love, quite similar to that of the lively and exciting. One of the best 12127 - 12/30 Huxtable family and nothing at all monologues in the play is performed Modern Language Association Now through March 22,1992 similar to her own. She is living with, by Nixon when she describes Caria's Convention in San Francisco. Over " ... And Then Columbus" and off of at the moment, her best first night with Scotty and her first 500 panel discussions and forums This important exhibition examines friend Caria. Caria is a wealthy sexual experience with a black man. covering literary genres from the pre-Columbian contributions of Bostonian from a prominent, WASPy We feel as though we're in the room around the world. 212-475-9500. Africans and Native Americans to the Western Hemisphere, and de­ family. She is a bright, rebellious girl with her during this story, and we 1/1/92 stroys the myth of Columbus as"dis­ with a true zest for life. want to be there. Caria is a "good time." 25th Annual Poetry Project Benefit coverer" of America. Surrogate's The action of the play begins She would definitely be someone to Marathon Reading with Allen Court Building Lobby, 31 Chambers with Bernice awaiting the arrival of tackle the upper west side bars with. Ginsberg and 100 other performers. Str. Mon. - Fri., 9am - 5pm. (For her hometown sweetheart Servy. Lisa Gay Hamilton is wonderful as St. Mark's Church 2nd Ave. & 10th more information: Caribbean Cul­ Servy, a '~Vanilla Ice" type, is from Bernice. Her performance is honest and Str., 671-0910. 2pm - midnight. $12. the same projects as Bernice. The straight-forward. She creates a Bernice tural Center, 408 W. 58th St , 307- 7420) only white boy in his group of who is so confused yet completely MUSIC friends, he's also the only thief. He is charming. We want to put everything 1214 -12129 12116 visiting Bernice while on parole and into place for her. And Erik King is Andre Watts, pianist at Carnegie Alvin Ailey American Dance Theater comes with his best friend Scotty. right on as Scotty, the streetsmart kid Hall. 8pm. $13 - $60 at City Center, 131 W. 55th Str., While Scotty is a true friend to Servy from the projects. He embodies his 581-7907. $25 - $40. and tries to look out for his best character without being a caricature. 12/19 1215 -12123 interest, there is a tinge of jealousy Servy and Bernice 4 Ever is an ex­ Marilyn Horne, mezzo soprano, in Native American Arts & Crafts Mar­ over the "white boy" getting the citing night at the theatre. The writing, recital on National Public Radio, ket jewelry, pottery, clothing, art­ prettiest black girl on the block. staging, scenery, and performances are WNYC 93.9 FM, 2pm. work, Navao rugs, music, books, ctc. The story unfolds and we see wonderful. Terry Kinney's direction is 12119 Plus demonstrations by Native Bernice's two worlds come crashing dynamic and electrifying. There is not Richie Havens in the Main Audito­ American artists. • American Indian together. We watch Servy and ser­ a beat missed. rium of the American Museum of Community House, 708 Broadway, vice rediscover each other, their love, On the night this particular reporter Natural History, 77th Str. & C.P.M. 2nd floor (one block above E. 4th Str.) and their differences. We see them saw the play, Madonna, escorted by 7pm. $20. 598-0100. come together, and fall apart. At the her brother and the director of Truth or Tues. - Sun., Noon - 6pm. Fri., Noon same time Caria and Scotty discover Dare, was also there. Apparently the 12126 -8pm. "something" between the two of rights to Servy and Bernice have been Centennial Jazz Festival them. Whether it's rebellion on sold to make a movie and rumor has it, Centennial Jass Orchestra, Dizzy 12/26/91 - 1/1/92 Caria's part, a challenge to Scotty, or Madonna was scoping out a role. So Gillespie, and Wynton Marsalis "Kwanzaa Kulture" information on just great sex between the two of who knows who else will show ... Robin WNYC 93.9 FM, 2pm. Kwanzaa origins, traditions, and them, they connect and become a Givens maybe, with Julia Roberts 1/2/92 principles. WFUV 90.7 FM, Mon. - very interesting subplot. Caria also hoping to play her sidekick? Boston Symphony Orchestra Fri., 7:20am, 10:20am, 4:20pm. Seiji Ozawa, conductor. Midori, For other acti vi ties, consul t New York Free Speech at Risk left with the suspicion that BLSA is less violin. WNYC 93.9 FM, 2pm. continued from page 7 desirous of "balance" than the sup­ Magazine and the Village Voice. including affirmative action. IfBLSA pression of an opinion on affirmative L'======:::J chooses not to enter the forum, that's action that it disputes. COBA's exact plans are a key is­ designed to use official power to label its choice but neither it nor anyone BLSA's letter reminds me of sue. Dean Vairo's statement in the certain statements and beliefs as im­ else has the right to expect opposing Aesop's fable of the dog in the manger article that she doesn't "view [COBAl permissible and to bar them through opinions to be silenced because they that doesn't want to eat the straw but as an attempt to monitor or witch­ force majeure is a mechanism for cen­ choose silence for themselves. BLSA doesn' t want to allow anyone else at it hunt" is, given COBA's clear state­ sorship and the shadow of that looms has no right to expect individuals either. The Advocate provides an open ment that it will "monitor bias ... and over Fordham. who don't share their opinions to forum, if BLSA doesn't want to enter, it redress grievances," a misread of It is disturbing that Ms. Buhl, the articulate them on its behalf, or to doesn't have to, but it doesn't have the COBA's letter. COBA is clearly doing President of Fordham Law Women, have that articulation imposed on right to expect anyone to enter on its more than, as Dean Vairo put it, "try­ one of COBA's constituent groups, them by a faculty advisor. behalf or to have the door barred against ing to begin a dialogue about the cavalierly dismisses that by contend­ BLSA's demand appears to con­ its adversaries. problem." The article indicates that ing that "if anyone's being censored, sist of the following implied ultima­ COBA's mission has two apparent COBA has channelled grievances to it's the student's thoughts," censored, tum. Someone who writes an opin­ parts. The "first is to highlight the ex­ Dean Feerick who has met with of­ apparently, by the intimidating effect ion BLSA is opposed to had better istence of biased statements in their fending faculty members. The article of bias. Theoretically, any strongly write BLSAs opinion as well, in the many potential forms and dissuade also suggests that such discussions expressed statement could intimidate name of "balance" (w hich is unlikely their utterance through moral .. To the may just have consisted of a convey­ a listener. It could happen because of to happen), or alternatively The Ad­ extent that COBA facilitates discus­ ance of the moral sense of the commu­ the fervor of its expression or simply vocate shouldn't print such an opin­ sion on this issue and "services as a nity to such individuals. If that was because of its expression of disap­ ion on a controversial issue at all sounding board," it is to be com­ all, fine. However, nothing in COBA's proval of the listener. Such sta tements which would be balance of a sort. If mended. However, both COBA' s letter letter or in the article suggests that may make the listener less inclined to that doesn't happen, then 1) BLSA and comments quoted in the article in COBA is aware of the existence of a respond but they do not forbid a re­ will advocate that a resident censor The Advocate allow an inference that it line between that and the application sponse or an opinion. If COBA's in the form of ~ faculty advisor con­ plans to assume a policing function as of official sanctions or an definition of censorship is to be be­ trol what is sa . of 2) try to get The well, what it calls in its letter, "re­ acknowledgement that such a line lieved, then any statement which Advocate's funding cut off. If am dressing grievances." ought not to be crossed. A mechanism continued on next page December 1991 • The Advocate SPORTS 11

Big Money Might Lead To More Playoffs . In . B~seball

By Rich DeAgazio make the Mets the premier team in pect at least 30 percent less than the rec'eipts falter during the recession, the National League again. "We will $1.46 billion currently being paid by and payrolls skyrocket. They will There's been an awful lot of be doing extensive retooling of our CBS and ESPN. Clubs receive about pressure Vincent to (1) land another money-talk in sports these days. And major league club and will be active in $14 million apiece per year from the windfall TV deal, and (2) add a sec­ the jaded sports fan says what else is the free agent market," Cashen ex­ TV deals, but Vincent forecast a cut of ond tier of playoffs. new and doesn't flinch an inch at the plained recently. "Our stated pur­ $4 million to $5 million per club if The only way Vincent can coax sight of the gaudy numbers being pose is to return the Mets to the top talks were to start right now. If that anything approaching a billion bucks tossed about loosely the past few spot in the National League." At least forecast pans out, teams signing the out of the networks again is if he weeks. And the sports fan also says, he was honest. likes of Bobby Bonilla for $30 million promises to add one playoff team per so what if some guy who goes to the It seems that Major League Base­ will ha ve difficulty paying the salaries division, for a total of four extra playoff mound 36 days a year makes four ball owners have been spending too beyond 1993. Unless ... teams. Assuming five-game prelimi­ million, nine hundred seventy-five much time listening to George Bush: Unless this fiscal stupidity ceases, nary playoff rounds, another round thousand dollars more than I do? It they don't seem to realize that there's Major League Baseball will be forced of playoffs per league would mean, at ain't my money, and besides, the fat­ a recession going on. People will be to travel down that evil path previ­ the ieast, an extra six playoff games, cat owners can afford it, right? spending less of their precious earn­ ously travelled by other major sports: and at the most, an extra 10 games. Wrong. Patrick Ewing gets a whop­ ings on a four dollar beer at Yankee Playoff madness. Currently, the NBA This means millions more in revenue ping two-year-$18.8 million exten­ Stadium, which means less revenue allows 16 of its 27 teams into the play­ for the networks and for the owners. sion; 36-year old Eddie Murray gets for the owners. And yet they keep offs. This year the NFL added two The only hope Baseball has of steering $7.5 million for two years; Bobby raising the stakes by paying good - more wild-card teams to its Super clear of the Playoff Devil is that Vincent Bonilla gets almost $30 million for not grea t - players 90 trillion dollars. Bowl race, for a total of 12 playoff - self-styled baseball purist - will five years, etc. The fact is, it is our Perhaps they were emboldened by teams, and an 8-8 team might make resist the temptation to bastardize the money. These salaries come out of the TV deal Fay Vincent landed them the playoffs. sport. In this age of big money, base­ our pockets, in the form of ticket with CBS and ESPN two years ago. But the most egregious perpetra­ ball is the only major sport to have prices ($65 bucks for a Red sea t in the CBS coughed up $1.06 BILLION, while tor of playoff madness is the sorry retained a modicum of integrity by Garden), concession stand prices ESPN paid $400 million, for the right NHL, whose 22 clubs play 80 games limiting its postseason. Vincent favors ($2.75 for a frank and $4.00 for a 16- to televise baseball for four years. Both per year in order to elimina te the grand exorcising the DH from the American ounce watered-down beer at Shea), contracts expire at the end of 1993, total of SIX teams. The bonus for Leagl:le, so he obviously cares about and cable TV bills ($12.00 for and there's no way the networks will finishing first in the Patrick Division the integrity of the Garn~.,. B1}t ~limi­ Sportschannel). be robbed by MLB again. this year will be, [gasp], an extra home nating the DH would,n't .meal'l 3 ' big To exemplify further, in 1985 ESPN wrote off upward of $100 game in the playoffs. .. loss of revenue, so he's on safe ground mezzanine seats at Shea cost $7.50, million the first two years of its con­ Big Deal. there. But Playoffs are another mat­ and the price has climbed steadily tract. CBS wrote off $282 million last Fewer playoffs make the regular ter. . ... ever since. A few weeks ago, Frank year, and $322 million more was seasor more meaningful and exciting, It seems like an a ttracti ve though t, Cashen announced that the Mets written off last month by CBS, partly and rewards the truly talented teams. another round of playoffs, but it would would 'raise all ticket prices again. attributable to its baseball losses. Playoff madness fosters mediocrity not serve any purpose except to make Mezzanine seats jumped from $11 to Would've been a tad more, too, had and makes the regular season a mean­ m0re dough for the ,owners and to , $12, while field 10ge6e

continued from previous page Sanctioning the censorship of any them, into a city that. is about as "real censorship brings COBA down to the rattles a listener either through de­ biased statement is also dangerous world" as you can get. In a school same moral level as the people who sign or 'accident can be labeled as an because bias is such a broad term. If a where Ramblings just had to post a tried to get book~ taken off the shelves act of censorship, a definition which student commenting on Bowers v. warning to guard your possessions of school libraries or shut down COBA would be hard pressed to find Hardwick states his belief that homo­ against a rash of thefts, the idea that screenings of The Last Temptation of in any dictionary. The type of biased sexuality is a sin or a student in a the "real world" can be suspended in Christ. If COBA is not going to try to statements to which COBA refers are discussion of Bakke comes out against Fordham doesn't hold up. Further, I bring about a system of official sanc­ ill-informed and obnoxious by defini­ affirmative action (a position de­ can't think of any reason why the tions against biased speech, it is in­ tion but the makers of such statements scribed as "latently racist" by one academic environment is so inherently cumbent on them to make that clari­ do not presume to dictate what commentator in the pages of The Ad­ more sacrosanct than any other kind fication. thoughts and beliefs are allowed to be vocate), does COB A advocate that this that censorship that would be invalid BLSA and COBA should consider expressed and what aren't, COBA student be reported to the school au­ elsewhere becomes valid in that one the following. The price of living in a appears to be doing just that. If any­ thorities? The broadness of the term niche. Also, consider the educational free society is the existence of opinions thing runs the risk of being censored, "bias" and the lack of a precise defi­ implications of censorship. First, it that many will find offensive and in­ it's the speech targeted by COBA. nition of what COBA plans to go after teaches those offended by biased furiating. The cost of COB A and BLSA The fact that such remarks are in its would-be role as the monitor of statements that they can rely on those being free to express their opinions, obviously going to be crudely put or collective discourse at Fordham makes in power to su ppress those statements; no matter who disagrees, is that ev­ that they represent obnoxious beliefs any opinion disputed by COBA's an expectation that will be exploded eryone else has that right, even if BLSA doesn't mean that they're not within constituent groups an open target. upon their inevitable entry into a real and COB A disagree with what is said. the definition of protected speech. The Dean Vairo had suggested in the world" full of David Dukes and Everyone has a right to oppose flag burning in Texas v. Johnson was article that "real world" standards Leonard Jeffrieses who are not likely someone else's opinions and to re­ hardly a sophisticated political exege­ ought not to necessarily apply in an to be hauled before COBA or even to spond with the time-honored weap­ sis and it repelled many people. In environment where students are try­ think of it as anything more than a ons of logic and moral outrage. No­ fact, two federal courts have stricken ing to learn. That implies that Fordham clump ofletters. Second, it gives moral body has the right to be free of the down university codes barring "hate can somehow be insulated. Fordham legitimacy to censorship, a distressing existence or articulation of opinions speech" on first amendment grounds, isn't in an isola ted campus town. Most lesson in a school that teaches the first they disagree with and no one has the see The UWM Post, Inc. v. Board of of the students live in a city that reeks amendment alongside equality. Fi­ right to expect the force of authority to Regents of the University of Wisconsin with bias; anti-semitism in Crown nally, it teaches nothing to those who have them silenced on their behalf. System, 1991 U.s. Dist. LEXIS 14527 Heights, racism in Bensonhurst and harbor such beliefs since they will not -William Bruno (E.D. Wis., 1991), Doe v. University of Howard Beach, homophobia in Jack­ be confronted with the folly of them. William Bruno is the Copy Editor of The Michigan, 721 F.supp. 852 (E.D. Mich., son Heights some bring it into The best way to deal with incor­ Advocate. The views expressed herein are 1989). Of course, Fordham is a private Fordham with them as part of their rect speech is with more speech that his own and do not necessarily ref/ect institution and is not bound by the psychological baggage. Declaring exposes the ignorance of the former. those of The Advocate. first amendment. Although it can Fordham to be under a separate set of The part of COBA' s mission that does practice censorship if it likes, the first rules simply because it's an academic that preserves the moral imperative "he mind of the bi.got amendment reflects a moral impera­ setting doesn't change the fact tha t we of combatting bias without sacrific­ is like the pupil ot the eye; ing the equally important imperative the more light you pour upon it, tive of our society as well as a legal are plugged in, both geographically the more it wil[ contract. standard and an imperative Fordham and in terms of the experiences that of allowing a free flow of opinions -Oliver Wendell Holmes ought not to disregard lightly. the Fordham community brings with and ideas. The part of it that suggests Siudywilh and pass. , .. _____...... y\e~e ·

PIEPER NEW YORK- MULTISTATE BAR REVIEW, LTD. 90 Willis Ave., Mineola, New:York 11501 (516) 747-4311

PIEPER REPS.: MICHELLE De PASS. AVON FAIR, LE LANI HINES, CRISTINA HRYCYN, JILL KRUPP &

JONATHAN ROBERTS Edward Miller .0' 199