University of Michigan Law School University of Michigan Law School Scholarship Repository

Res Gestae Law School History and Publications

1977 October 13, 1977 University of Michigan Law School

Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons

Recommended Citation University of Michigan Law School, "October 13, 1977" (1977). Res Gestae. Paper 519. http://repository.law.umich.edu/res_gestae/519

This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. ABAs 1978 Client Cou nseling Competition UN IVE RSITY OF MICHIG AN LAW SCHOOL Oct . 13 , 1977 The Law Student Division of the American Bar Association will Reflections On again sponsor the Client Counsel­ ing Competition. The regional The Cohen-Sandalow Bakke Debate competitions will take place on by Fred Small understand and serve the needs of March 4, 1978 (locations to be persons outside the upper and annou nced). The national competi­ Schools of law and medicine, as upper-middle classes . Training and tion will be held April 1, 1978 at Professor Cohen pointed out, are a deploying larger numbers of peo­ New York University School of Law " scarce resource " in our society. ple skilled in law and medicine-­ in New York City. Professor Sandalow cited the appl i­ making the scarce resource ample-­ "Family Law: Unmarrieds Liv­ cation-admission ratio for the na­ would help provide needed ser­ ing Together" will be the subject of tion's law schools as greater than vices but would threaten this the competition this year. Each two to one. Logically, this resource extraord inary status and monopoly American Bar Association approv­ scarcity helps explain the great profits. ed law school is invited to enter one emotion generated by preferential A crucial difference between Mr. team composed of two law students admissions programs, and the Cohen's position and Mr. Sanda­ in the competition. In order to presence before the Supreme Court low's, then, is the expectation of enter, a school must have its of white ethnic organizations as what kind of doctors and lawyers dean's approval and a professor amici curiae opposed to these minority students will become. Mr. must agree to advise the team. The programs. If blacks are to gain, Cohen saw little evidence that application form and a thirty dollar whites must lose. one's race affects the nature of ($30.00) entry fee must be sent to A child's question occurred to one's professional practice. Mr. the Law Student Division by me: Why? Why is the resource Sandalow predicated much of his Nrwember 30, 1977. Any entry scarce? Why is there a scarcity of argument upon the assumption postmarked after November 30 , accredited law and medical schools that it makes a very great 1977, will be returned to the at a time of critical shortfall in difference, e.g. , in the quality of sender. providing adequate medical and criminal justice. Empirically, I If you think that your school legal services to all Americans? think Mr. Sandalow clearly right. I might be interested in serving · as The answer, I think, is professional have seen black lawyers who one of the regional host schools, elitism . I use the word " elitism" terrified me with their apparent please contact the Res Gestae for descriptively, not epithetically. Ex­ d ispassion and lack of social further information. The major traordinary, artificial status and concern. But I have seen many responsibilities of a host school income accrue to the practice of more who refused to surrender are: holding the competition at medicine and law, but this elite their culture and their anger as your school on March 4, 1978, position both depends upon and they reached for their diploma. To obtaining judges for the competi­ makes inevitable a failure to put it plainly, they did not sell out. tion, and obtaining persons to act (See BAKKE, page 3) as the clients. The Law Student Division will provide detailed infor­ mation concerning the organization of the regional competition to those schools chosen as host schools. The Law Student Division will reim­ burse the host school for most costs incurred (possibly including video taping if the facilities are available) and will provide a lunch for the , ! participants on the day of the ·\ competition. \'

INSIDE THE RES GESTAE Crusader Rabbit finds a letter from the Dean ...... page 2 PROF. TERRANCE SANDALOW PROF. CARL COHEN Page 2 1!\rs <&rstnr eRUSAJIDBfu RA~~IG£ © 1977 WHY LAW SCHOOL TUITION KEEPS GOING UP AND UP

[ The following draft of a letter was purloined from the Law School trash RES GESTAE CREDIT BOX shredder by Crusader Rabbit while scrounging his evening meal.] Cash ...... Bob Brandenburg AN OPEN LETTER TO THE STUDENTS Raw Materials ...... Carol Sulkes Retained Earnings .. . . Ken Frantz TO: DA STUDENTS AI lowances for depreciation ...... FROM: DA DEAN ...... Greg Need DATE: AUG. 31, 1977 Notes Payable .... Crusader Rabbit RE: NONE OF YER DAMN BUSINESS Notes Receivable .. Kevin McCabe Taxes ...... Z. Braintree Bitch , bitch, bitch' So law school tuition went up another 10%. Big Acc 'ts Receivable Seth Weinberger fucking deal . You'll all be earning 50 thou a year a few years from now, so Equipment ...... Dan FitzMaurice what are you bellyaching about? Greedy, greedy, greedy. You 're going to Dividends ...... Dave Duperrault get rich off of society. so what's wrong with the law school getting rich off of Office Sup pi ies ...... Steve Fetter you? And anyway , there are good reasons for law school tuition going up. Wages & Salaries .. Tim Knowlton Let's look at my facts : Equity ...... Mike Halpin Chalk! Do you know how expensive chalk is? We buy boxes and boxes of that stuff. And the professors here every now and then insist upon using it . My God , what sort of visual aids will they want next? And then when the + blackboards are all dirtied up. we have to hire someone to clean them! I tell you , you don 't know what sort of responsibilities and expenses are involved [For students only] with running a law school. Last week I said , "I can tell just Then there 's paper. Do you know how much paperwork we put you by looking at faces around here people through? There's pre-classification forms, registration forms, that a majority of the students classification forms . drop/ add forms . financial aid forms, GAPSFAS, haven 't even gotten a good night Parents ' Confidential. work-study forms , ACT financial resources forms, kiss in the last month.'' Many (See RABBIT, page 4) people came to me and told me in the crudest of language that I was D &Jl Olb :Sreab No harm done--1 picked up a wrong about them. They said , " I busboy application for the summer did this, I did that." I don't believe by Steve Fetter on my way out.. . No such problems it. We could settle this with a poll MORE INTERVIEW NOTES: The for Doug Kanarek, who interview­ which published specific responses war continues ... the casualties ed with a New York firm last week (who, when, how, where) in the RG mount up ... Bruce Celebrezze re­ which described its needs as: "We and if my opponents are not in the ports that missing by a mile is need a backcourt man who can majority, i would even let them getting a rejection from a Chicago bring up the ball." No better man take a second poll and include firm with an Ann Arbor postmark for that than Doug, but we hear misdeeds with animals. (a fortiori--how about a rejection on that he's considering a smaller city the back of a Campus Inn post­ where he would get more playing II card I) ... and Bruce and two of his time his first season ... the way [For football fans only] roomies, Geoff Silverman and Scott some interviews are going, I begin Students get approximately one Smith , after interviewing with the to get the feeling that buttoning up fourth of the good tickets for U-M same firm last week , are waiting my vest is like a quarterback football games. They get the for one letter addressed to the buckling up his chinstrap--for tickets on one side of the stadium three of them that begins "Dear instance, my first interview with a from the 50 yard line toward the Sirs:" ... and speaking of the Cam­ New York firm had more blows goal line. The rest of the tickets go pus Inn, I had an interview over landing than the Ali-Shavers con­ to alumni, profs, and other bad there last week with a 1 O-man test: types . But even that one quarter is complete litigation firm--all anti­ Him: "Personality doesn't get not safe. The bad types take some trust--so I walked in and said that clients." of the better seats in the student I've always wanted to be a trial Me: "It only keeps them." quarter. This is a shabby way to lawyer--only to have them tell me Him: "You realize that if you cut treat students, the ones who will that nine out of ten ant it rust cases back on some of your outside support U-M football in leaner are settled out of court, and that activities, you could probably raise years. At least one fourth of the maybe it would be better if I tried your GPA half a point." good seats should go to the group the Attorney General's office. (See BREAD, page 6) ISee +. oaae 6) UTe."' •~'s Page 3

.· t-\E.j ' · ~ Cl\!

_, ' "'. 1 --~~~~~~~_L~~~-- ! ·--~~~~~~~~ (Continued from page 1) the nation. But I believe that There seems little to be gained minority and WOI'J'3n professionals My hope is that minority and from special programs to admit the will reflect their divergent back­ women professionals--outsiders elite of the black community to grounds in their practice. They will now on the inside--will help make professional schools so that they demand that their professions the professions worthy of the may join the elite of the white serve their own people, and people whom they are charged to community in serving the elite of perhaps even all the people . serve, but too often ignore. .Music: THE RETURN OF HANK JONES By Timothy Sawyer Knowlton

Hank Jones-'Bop Redux. 1 Charles "Bird" Parker and Thelon­ staccato delivery. He hammers the started collecting records in 1966. ious Monk. Although the album keys as if angry. The trio version by Unfortunately, I didn't take an cuts are played by a trio, Jones' Monk in the Blue Note Reissue interest in jazz until 1974. One of piano dominates the session . Series is a classic. The irregular the first jazz records I purchased The five Parker pieces vary timing is retained. The cut features was A Jazz Piano Anthology, a considerably in success of execu­ the great Art Blakely on drums and double album still available on tion. It took several playings of Gene Ramey on bass. Nonetheless Columbia. It contained one selec­ 'Bop Redux just to get used to I like Jones' rendition better than tion featuring Hank Jones, "Polka hearing "Confirmation" and "Bio­ either of these Monk versions. Dots and Moonbeams", a very omdido'' played without a saxa­ Jones plays "Ruby, My Dear" lovely ballad. When 1 finally phone. Jones' work on both of much more quietly and sustains decided to purchase some of Hank these pieces is very polished, but notes to give the work an entirely Jones' albums I discovered that "Bioomdido" strikes me as being different phrasing. Based on the despite prolific recording for th~ delivered without any real affec­ number of times Monk has record­ Verve and Savoy labels, his Ips tion. The most successful of the ed " 'Round Midnight" one would were no longer available. Even Parker pieces is "Yardbird Suite" guess it is his favorite composition. scouring the used record and in which Jones does some impres­ Jones does a particularly fine cutout bins the only Jones' album 1 sive improvisations. "Moose The rendition of this ballad. Again the ever found was one on Impulse for Mooche", a minor Parker composi­ phrasing is much different than on which he played electronic harpsi­ tion played by Bird for its humor is any of the many Monk versions. chord. It may be a great record 1 delivered. perfectly straight 'by "Monk's Mood" is also well don't know. I never purchased 'it. Jones and fails. covered by Jones. In the Monk Instead I relied on one clerk's The three standouts on this versions, Thelonious stabs at the succinct statement, to wit, • 'The album are the three Monk ballads keys and the piece is brusquely reason that this is the only Hank "R uby, My Dear", "Round Mid-' played classic. Jones takes a more Jones' album available is that it night", and "Monk's Mood" . classic approach to the piano on the sucks". ''Ruby, My Dear'' was written by composition. Hank changes the 'Bop Redux is one of two Jones' Monk in his teens and has since rhythm, sustains notes and allows recordings recently released by been recorded hundreds of times. the melody to flow. Jones' ap­ Muse records. 'Bop Redux con­ On the Columbia album, Solo, proach to these three bop ballads is tains eight compositions written by Monk, Monk's rendition features quite traditional and his style the two seminal figures of bebop, irregular phrasing and almost actually reminds one more of Ellinaton than Monk. Page 4 PRECLASSIFICATION & EARLY RABBIT [cont. from p. 2] REGISTRATION FOR WINTER interview sign-up forms, diploma applications, placement forms, etc. etc. TERM 1978 etc. Who pays for those forms?!? We do!!! Did you realize that the law school uses as much paper each year as 100 medium-sized McDonalds? Preclassification and early regis­ That costs money. Do you think that paper grows on trees? tration will begin soon, Tenative And while we're talking about paper, there are those goddamn dates to note follow. supplements that those bandits from West and Shepard's keep jacking the Seminar and Clinical Law Program price up on. Why do you people insist upon all this "Modern" law? There's Materials available--Now in Room so much of it and it's all so confusing and conflicting. The law that I learned 300 Hutchins Hall. was plenty good for me, and it should be good enough for you punks. The old ways are the best ways, I always say. Explanation of procedures (includ­ Why in the old days, we didn't have students who expected heated ing method of selecting students)-- classrooms. We didn't build this law school to resemble a drafty old castle 3:30 p.m. October 17, 1977 in just so we could heat it to room temperature. Why, it costs so much just to Room 100 Hutchins Hall. heat it enough to melt the frost off the blackboards! When you pirates Clinical Law informational meeting graduate and start working for the oil and utility companies, you'll see how --3:30 p.m. October 18, 1977 in badly they hijack us. And it costs us a lot of money to install that non-func­ Room 100 Hutchins Hall. tioning air conditioning system. Course Selection Panel (this should Speaking of construction costs, I'm sure you've noticed the hammering be of special interest to summer and banging going on in room 116. We have to pay those workers starters)--3:30 p.m. October 19, double-time to make enough racket to disrupt every classroom in the law 1977 in Room 100 Hutchins Hall. school. And you wouldn't believe how badly those unions screw you on DEADLINE for seminar and clini­ contracts. If only I knew something about labor law. cal course sign-ups--3:30 p.m. And what about our other salary problems? We have to pay top dollar to October 24, 1977 in Room 300 get prestigious, elitist faculty to come to a backwater boondock like Ann Hutchins Hall. Arbor in order to teach. Like Woody Allen said of Los Angeles, the only cultural advantage to Michigan is that you can make a right turn on red. Preclassification and Early Regis­ And then there are those filthy, scummy, smelly students! Thousands of tration Materials available (i ncl ud­ them! Jacking up the price of housing, food, clothing, entertainment, ing results of seminar and clinical everything. It would be a lot easier to get faculty to come here if it weren't course selections)--1 :30 p.m. No­ for all these students. If you'd only all go away, tuition wouldn't be nearly vember 7, 1977 in Room 300 as high. Hutchins Hall. Then there's the faculty prerequisites. We have to provide parking for them. We have to devote a corner of prime real estate at Monroe & Tappan First-Year Elective Meeting--3:30 to those faculty. Do you know how much money we could make by renting p.m. November 10, 1977 in Room that corner to McDonalds?!? Then we have to provide offices. Have you 100 Hutchins Hall. ever seen the inside of a faculty member's office? Of course not, because DEADLINE for preclassification-- they are never in them. But if you did, you'd be amazed. Desks, books, 3:30 p.m. November 18, 1977 in pens, pencils, chairs, shelves, all that costs money. And every time a faculty Room 300 Hutchins Hall. member steals a book from the library, we have to buy a new one because the students want to use the book also. Why can't yoopeople borrow them Students may pick up election from Overbeck's instead? sheets, substitute new courses for Speaking of bookstores, our kickbacks are dqwn substantially. And none courses from which they were of the bookstores will give us any kickbacks on Gilberts. Why, we teach law dropped due to oversubscription, so badly around here that Gilberts is practically a required text! But since and complete the EARLY REGIS­ we only get kickbacks on assigned texts, we have to keep assigning more of TRATION process (including iden­ them. Either that or xerox our own course materials at 3c a page and sell tification card validation)-- Decem­ them to you at 5c a page. b~r 9 through December 20, 1977 Finally there's affirmative action. Now, I'm not trying to create racial or from 10:00 a.m. to 11:30 a.m. and sexual disharmony. But if we didn't have to give all that money to those 2:00p.m. to 4:30p.m. in Room 236 uppitty CENSORED and castrating CENSORED, why it would be a lot Hutchins Hall. cheaper for the right people to come to this school. And we have to pay a lot Classification and registration of bribe money to keep those EEOC people fr_om .investigating the racial & for students who fail to preclassify sexual composition of our faculty. · and early register will take place on So when you pay your tuition, realize that you ey-e .st.t~p_orting elttism, January 9, 1978 from 1:30 p.m. to waste, mismanagement, an unresponsive bureaucracy,. conspipuous 4:30p.m. and on January 10, 1978 consumption, and the profit incentive; i~ short, everythin9' tl)at made from 9:30a.m. to 11:30 a.m. and America great. And if you don't I ike .it h~re, ge back to Detroit College of 1:30 p.m. to 4:30p.m. in Room 200 Law! Signed, Hutchins Hall. Da Dean Page~ E. Cooper*, V. Blasi, R. Cun­ Administrative Assignments COMMITTEES ningham (Fall), Y. Kamisar, S. Payton (Winter), P. Steiner. Art and Memorials (Editor's note: The following is a Scholarship Awards: P. Carrington, G.J. Vining list of the members of various R. Proffitt*, M. Plant, L.H. Center for Law and Social Poi icy committees. If you are interested in Wright (Fall), S. Payton (Win­ P. Westen discussing any problems in any of ter), Mark Klein, Mike Jackson. Clinical Program the areas or in helping out in some Ex officio: R. Martindale, J. S. Pepe, S. Eklund of the open positions, contact one Mason. Computer Center Liaison of the members and they should be D. Chambers able to he I p you.) LSSS Committees Graduate & Foreign Studies D. Cohen Standing Committees ABA Law Student Division: ICLE Board Randy Hall*, Charles Lowery*. W. Pierce*, J. Martin, J. Ree c Academic Standards and I ncen­ Athletics Chairperson#: Ex officio: T. St. Antoine tives: Jack Helms* International Legal Studies S. Estep*, M. Plant, G.J. MSA Representative: E. Stein Vining, A. Watson, Kent Shielke Jim Say* ISR Liaison John Spelman, Mike Polzin. Law School Judiciary: R. Lempert Administrative: Ed Richard Watson, Marilyn Judicial Clerkships J. Martin, W. Pierce, R. Proffitt, Madorsky. G. Rosberg J. Reed (Fall), J. White (Winter) Res Gestae Editor: Law & Economics Mel Beal. Ex officio: S. Eklund. Bob Brandenburg* P. Steiner Admissions Policy: Grievance#: Law Quad Notes & Publications R. Lempert*, D. Kahn, T. Jean Blackwell*, Mike O'Rourke Y. Kamisar Sandalow, C. Whitman, Steve Gary Peters Law School Judicial Panel Belton, Steve Howard, Phi 1 Yearbook#: J. Reed [1], E. Cooper [2], V. Rodgers. Ex officio: R. Martin­ Library#: Blasi [3], J. Martin [4], P. dale. Bob Casey, Ridley Politsky, Jane Western [5]-;- Capital Improvements Advisory: McAtee. Law School Relations C Donahue*, L. Bollinger, D. Building: R. Proffitt Chambers, T. Kauper, A. Smith. Mark Allshouse, Steve Harris, Lawyers Club Liaison Ex officio: W. Pierce, B. Pooley. Mike Jackson, David Miller, W. Pierce Curriculum: Ridley Politski. Legal Aid D. Regan*, A . Conard, G.J. Directory Compiler: C. Eklund, J. Martin Vining, C. Whitman, Steve Robert Casey* Prize Essay & Speakers Program Harris, Ellen Pomeroy, Lea Elections/ Appointments#: T. Green Vaughn. Dennis Mullins*, Janie Rehm. Writing & Advocacy, Case Club Graduate Studies: Faculty I Course Evaluation#: Advisor 0. Browder*, P. Carrington Bev Goulet*, Tom Smedginhoff. D. Cohen (Winter) , L. Cooperrider, R. Faculty Meeting Representatives: Cunningham (Fall), E. Stein, L. Dennis Mullins, Collette Kim­ -;- Numbers indicate order of Waggoner. Ex officio: D. Cohen. brough "seniority." Journal of Law Reform Advisory: Film#: * Chairperson (s) L. Waggoner*, S. Estep, L. H. Jim Amodio* #Opening on committee Wright. Student Personnel: italics Faculty and Staff Members Law Review Editorial: James Lehrburger, Don Par­ G. Rosberg*, Y. Kamisar, S. shall, Mary Austin. Pepe. Social#: Library Advisory: Tom Baird* P. Westen*, L. Cooperrider, T. Speakers#: STAR.T OUT L IN JN G .1 Green. Ex officio: B. Pooley. Dan FitzMaurice*, Fred Small, Personnel: Mike Dowdle, Mike Payne. T. Green*, D. Chambers, J. Placement#: Jackson, P. Soper, E. Stein, L. Mike Dowdle*, Bill Cohen, Waggoner. Mickey Adelman, Eric Martin, ONLY i.l DAYS UNTIL F IN A ~ S Professional Responsibility: John Banks-Brooks. = L. Cooperrider*, P. Carrington, Residential Committee#: J. Isreal. Paul Jones*, Bob Kohorst*. Research: ~aye o

stand right next to MacDonald's, at a chart of football seats recently, ~nre :Sreab and I have golden arches right next it appeared to me that the bad Me: "And just think, if I never to theirs, is that trademark in­ types are taking over more good spoke to anyone all year I could fringement?" Can't answer that seats in the student quarter. While probably raise it a whole point.'' one, Gerry, but can you picture refusing to reveal any numbers, I dropped a split decision but it--ROSBERGERS! ... And Tom the woman I called at the ticket I've been promised a rematch next Green reports that his oft-maligned office assured me that I was loco) . September ... Ethan Falk needn't feline Sappho is planning a biting worry--the new-found fair-haired reply to an earlier column--a little Ill boy of Room 200 has had interview­ "hot under the collar," eh, Sappho Reaction to last weeks article ers banging at his door--in fact, I ... And I hope you all noticed was unfavorable. But Philip Miller stopped by a party at his apartment Lindsey Alton's National TV debut commented, "My son , you are a two weeks ago, and since I was during the Texas A & M game (a very brave person.'' sitting near the phone, I answered film clip on the Child Advocacy I said, "Yes, that is true. But it--another L.A. firm that wanted Clinic)--but don't fret if you missed how did you know?" him--but I told them we weren't it--U-M band director George He answered, ''Anyone who interested--they were only paying Cavender has told this reporter would sign his real name to an $350/week, and anyway Ethan was that the entire band show during article that bad is a very brave dancing and the record had just the Ohio State game will be person .'' started ... And doesn't it bother you dedicated to our fair-haired miss. In a less critical vein my mother when the interviewers call you by said, "You already have a job. your first name for thirty minutes Stay tuned for next week's ''Who Why did you write that crummy during the interview, an additional the hell is 'Beer Night' Meyer, and article?'' three hours at a cocktail party, and how did he ever get that name?" Said I, "To he I p kick off my then begin your death certificate, See you then. ' Gordon C. Miller for Dean' campaign ." Posters, leaflets, but­ "Dear Mr .... " ... And, finally, over­ (Continued from page 2) heard at the shrimp bowl at Vinson tons, bumper stickers, and infor­ & Elkins' cocktail party--"The only mation are available in Room 300 . thing better than having V & E fly whose representatives+ are on the Gordon Miller you down to Houston and offering you a job, is having V & E fly you playing field. (Note-when looking down to Houston and not offering you a job.

JOHN COOGAN STORY-Part One­ where John establishes his reputa­ Relax this weekend with a rarely-seen Bogart movie ... tion for punctuality (or lack thereof) so well that 1) Tom Green once BEAT THE DEVIL [1954] walked into class and called out to the back of the room: "Coogan Directed by John Huston called ahead to reserve a seat in the With an All-star Cast: Humphrey Bogart, back row" , and 2) another time, Jennifer Jones, Robert Morley, Peter Lorre, John's parents came to visit from Gina Lollabrigida Chi-town and they were in seats a Screenplay by Truman Capote full ten minutes before John came waltzing into class eight minutes late. Watch for future installments "Beat the Devil is a mess, but its probably the funniest mess- the screwball of the J. C. Story--collect the whole classic - of all time. " "This 1954 picture is something special: the set! Trade with your friends ! And if straight-faced parody of the international thriller that killed off the whole you would like to help John beat genre." - Pauline Kael. this dread disease, please send all contributions c/o this reporter.

Dicta: Witness a strange phenome­ SEE IT THIS FRIDAY, OCTOBER 14 non in Copyright class--even with­ SHOWINGS AT 7:00 & 9:00P.M. out permanent seats, the seating ROOM 100, HUTCHINS HALL arrangement is 90-95% the same, LAW STUDENTS: 25c week after week ... and while we're OTHERS: $1.00 searching for our unpermanent seats , Gerry Rosberg is ranting and raving: "If I open a hamburger