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11-17-1975 Hastings Law News Vol.8 No.7 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.8 No.7" (1975). Hastings Law News. Book 269. http://repository.uchastings.edu/hln/269

This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. IS THERE ALEGAL RIGHT TO DIE? Ed ｾｴｯｲ＠ · , s note: The legal can be found In a 1974 decision of the Oklaho- questions surrounding a pos- ma Court of Appeals. It ruled thal a married sible right to die have been woman has the right to have a hysterectomy brought to national promi- performed, even though her husband may ob- nence by the case of Karen ject. Quinlan. The following art- But what about instances- such as the icle was written by Profes- Quinlan case-in which the patient cannot sor Laurence H. Eldredge for speak for himself? . When an unconscious person is brought the Oct. 28 issue of the Los into an accident ward and immediate surgery Angeles Times. Professor is necessary to save his life. the surgeon has a Eldredge is uniquely quali- privilege to operate without consent and re- fied to comment on this issue store that person to a useful tife. But this is a as he was a lecturer on medi-' pnvilege created for the benefit of the pa- ca l jurisprudence at the Uni- tient, who presumably would consent if he versity of Pennsylvania Medi- could be questioned. In cases where the sur- geon knows that the l1.atIent would not con- 28 cal School for years, and sent-because of religious convictions, for ex- also served as president of ｡ｭｰｬ･ｾｴｨ･＠ privilege does not exist. Thus, the Episcopal Hospital in Phila- patient has the right to refuse even hfe-sav- delphia. ing surgery. In the New Jersey case, Miss Quinlan's Karen Ann Quinlan has lain unconscious in mother has testified that if the young woman St. Clare's Hospital in Denville, N.J. for six could be q'Jestioned, she would refuse to be months, kept "alive" by a respirator. Professor Eldredge kept "alive" by the respirator and urge that ｾｨ･＠ Physicians who have examined her are un- nature takr its course so could die peace- reasoned decision has the nght to refuse med- ｢｡ｾ･､＠ animous in their opinion that she is in a hope- fully. The mother this opInion on pur- ical care which is necessary to save hiS hfe; ported ｰ｡ｾｴ＠ conversations with her daughter. less condition-one said last week it is "too the surgeon who goes ahead and operates on To many peopl'!-Mlss QUInlan. apparently. grotesque to describe"-but are just as unani- the protedIng patIent Violates the law and is among them-there are \'alucs more precious mous in their refusal to take steps that could gUilty of a battery. We do not beheve that end her life. than life. We need only recall Joan of Arc at "Big Brother knows best." the stake and the Christian martyrs faCing This has pitted doctors, the hospital and the A further example of the individual's nght state against Miss Quinlan's adoptive parents, to decide what is to happen to his or her body (continued on page 6) who have asked for an end to the extraordi- nary measures necessary to keep· her alive. The case is now before a Morristown court. How long must the battle tc save Miss Quinlan continue? How many public dollars must be spent preservIng the "life" of one who can never be restored to a sentient per- son? Is the respirator to keep running for bastInGS years and years? The doctors' attitude is sheer arrogance and makes no sense, morally or legally. It is a fundamental concept in American LaU) law that every person has the right to decide what is to be done to his-or her-body 80 long as ｾｨ･＠ decision does not harm other per- sons. This is part and parcel of our concept of neU)s the dignity of the individual. A conscious adult who is mentally capable of making a uoiver.:zsiti)j Of STUDENTS CHALLENGE 198 McALLISTER STREET, SAN FRANCISCO, CAUFORNlA 94102 COLLEGE "CONTRACT" ｾｾＢｾＢｾｈｾＧｾＧｾＧｾｈｾＧｾＧｾＧｾ＠ Reproduction In whole or In part Wlthout written 7 November 17 1975 permlsslonlsprohlbited Allnghtsreserved 0 t975 y Diane Auerbach Vol. VIII, No. ,

(CPS)--When a $300 stereo turns out "every university in the country will opment management." He claims that to be defective, no one has any hesi- be in trouble." after he enrolled, the university tation about returning it and demand- In Washington DC, an American Uni- dropped its management program, as- ing a refund. But does the same versity graduate has asked the courts signed him advisors who were unquali- reasoning apply when a student pays to award him $150,000 in lost income fied in the field and then discharged $300 for a course and then discovers and $500,000 in punitive damages af- him two years before the time limit it is worthless? ter the university terminated him the college catalogue gave him to A number of students across the from a doctoral program. complete his Ph.D. country have sued ｴｨ･ｾｲ＠ schools for The student, Herman I. Schaller, Even though he was enrolled in man- reach of contract. Claiming that took an early retirement from his 30- agement, "at one point a special com- their college catalogue constitutes a year government job to pursue a doc- mittee suggested that I write my dis- alid contract between student and toral program in "research and devel- iversity, the students have charged (continued on page l2) that the description in the catalogue as a far cry from what they found in he classroom. Among the cases pend- ng are the following: A business education major has GRADE NORMALIZATION NOT YET NORMALIZED ued the University of Bridgeport in onnecticut for $400, claiming that by Jamie Campbell is to prevent giving an unfair advan- he learned "absolutely nothing" in a Since the original Grade Normali- tage in the job market to those third ourse she took a year ago. "I've zation Policy was announced (at the year students who took non-exam clas- ad bad courses before," said Illene beginning of the semester), it has ses last year and received high aniello, "but this was ridiculous. undergone a few changes. These two grades.) e only thing that I learned was how were adopted at a faculty meeting, Some additional changes have been to use the overhead projector." and are now part of the policy: recommended by the Grade Normaliza- In her legal brief, Ianiello 1 - Legal Writing and Research tion Committee, but not yet adopted harged that "classroom time was sub- will be treated as a non-exam course, by the faculty: tantially devoted to the instructor which means that grades given in 1 - That non-exam classes be eading aloud pamphlets and other ma- LW&R won't count in the GPA. graded A, B, C, D, F (this was tabled erials he had already distributed to 2 - The provision of the policy at the last faculty meeting). the class." that excludes non-exam courses from 2 - Addition of a description of The Bridgeport administration is consideration in computing a stu- what type of work should be given an frankly worried about the suit. "If dent's GPA will not apply to this F. The description Simply states we lose this," said Vice President year's third year students. (This that F's should rarely be given. tor Academic Affairs Warren Carrier, 2

WRITING WORKSHOP DISCUSSION BARBAGELATA I MOSCONE Mayoral candidates John Barbage- Attention: LEOP and Writing Work- I staff lata and George Moscone will be shop Students. On Nov. 13 and 20, Writing Work- featured in a forum discussion spon- sored by the Hastings Republican shop Instructors will discuss exam- taking techniques with sample ques- Caucus and the Hastings Democrats. tions in Criminal Law and Property. In addition to the candidates ' EDITOR: presentations of their viewpoints on Mr. Cy Epstein (Criminal Law) John McNellis major issues, there will be time set Thurs., Nov. 13, 12:40, Classroom "F" aside for questions from the audience. Thurs., Nov. 20, 12:40, Classroom "F" ASSISTANT EDITORS: The forum is scheduled for 11:40 Mr. Mark Oring (Property) Chris Delsol on Nov. 20 in Room B. Thurs., Nov. 13, 3:40, Classroom "F" Steve Franceschi Thurs., Nov. 20, 3:40, Classroom "F" STAFF: Bill Blair John Hull Anne Steinbrugge Lorin Brennan ANNOUNCEMENTS Scott Ghormley Curt Hofeld

CLASS ACTIONS SEMINAR JOAN LITTLE This seminar will explore in de- tail several problems in class Joan Little, who has become a action litigation. Federal class symbol of women's oppression and actions will be studied, in"particu- southern ｲ｡ｾｩｳｭＬ＠ will appear as a lar focusing on questions such as guest speaker on Dec. 4th in the how notice and adequacy of represen- Pauley Ballroom in the Student Union building of the U.C. Berkeley campus, tation affect the res judicata ef- fect of class action judgments, INSIDE THE OUTING CLUB at 8 p.m. mootness and standing issues, inter- This SUPERB sponsored event will vention, appealability of various - Hark (the Mad Stabber) Johansen enable Joan Little to discuss her or- class action'orders, and multi-dist- deal as the only wor"an inmate at the rict legislation techniques. A com- The outing Club, one of Hastings' Beaufort County Jail, as well as the parative look may be taken at state newest student organizations, grew circumstances which led up to her out of a number of trips taken by a first degree murder trial and even- class action in New York and Calif- ornia. loosely (de)composed group of third tual acquittal. and fourth year students, many of Tickets are $2.00 for students Each student is expected to write one major research paper involving them from the fabled section 1110, and $2.50 for general admission, and not many of whom could be described will be available at the ASUC box some aspect of class actions, to be completed in two drafts, the first as happily married (actually, none office. For more information, call of them are married). SUPERB at 642-7477. to be submitted for extensive criti- cism by mid-semester. Limited to 20 Past misadventures have included students. the Dead Week Retreat and Hot Springs This will be a previously unan- Swimming Championship, won by Mike nounced offering. Days and time are 'The Ghost' McMahon (who is cur- not yet set; watch glass enclosed rently in traction at UC Med, the bulletin board. result of a grievious injury on the Rugby field); a couple of journeys down to Candlestick Park to watch the Giants get sat on by the Dodgers; HASTINGS REPUBLICAN CAUCUS child-like Toni Young's infamous Soft Ball (game); the ill-starred The Hastings Republican Caucus Assault on Mount Shasta; the now- adopted a statement of purpose and banned Yosemite Expedition; a game elected officers last week. Elected of Capture the Flag (held on a day which made Dean Martin seem compara- ENVIRONMENTAL LAW ESSAY CONTEST were: President - Dave Sekany tively dry); the Hookers Ball; and The Association of Trial Lawyers Vice Pres. - Jim Roberts numerous parties conducted by 'Randy' of America has announced that the Secretary - ｾｴ･ｶ･＠ Kane Bell, 'Rich' Pollack, and Jean Schmidt, subject of its 6th Annual Environ- Treasurer - Joe Walsh heiress to a banana dacquari fortune. mental Law Essay Contest is "Energy Anyone interested in joining the By the time this article wends its Alternatives and the Law." The con- Republican Caucus can contact Dave slow and tortuous path past Editor test is open to all law students. Sekany at 349-7100 for information. McNellis' blue pencil the Club's Long Range Planning Committee (the most Attorney Nor-man J. Landau of New f'""Umlll".'Hu.. IIIIIII.lltI'"UIl_ ..... UltlUtIlI .. utlltfltU.. '"'tM'UIll .. IIIIIIIIU .. 111"' .. 1111 ...... 111 ...... _ ... sleepy-eyed group of students who York City, contest chairman, said I ｾ＠ ＧｾＦｲＺ＠ ｾ＠ l I ｾ＠ ｾ｜ＮＮＩｃｷｾ＠ ... _ ever assembled for an 8:30 T&E class) "the current urgency for energy sourc-!' J .-S" i will have started laying the ground ｾ＠ ｾ＠ ｾ＠ es has led to environmental abuses ｾ＠ \ ｾ ｬ＠ i work for an arduous Winter Assault on and investigation of the environment- Ii Mount Lassen, the mere thought of ｾ＠ ｾ＠ al costs of pursuing alternate forms which is sufficient to drive even the of energy is needed." i - ｾ＠ ｾ Ｇ＠ most masochistic Club member, quaking Each law school will pick a winner I with fear and apprehension, to her who will receive $100. All winning ': I Ｚｳｳ｡ｾｳ＠ hash pipe and Bourbon Delux. More then will be sent to ATLA for r i realistic plans include the Los Vegas Judglng by a panel of law professors ｾ＠ ｷｩｬｬＮｳ･ｬｾ｣ｴ＠ ｴｾ＠ Caper in February (right after the who th:ee finalists. I Ethics Exam, naturally), a White The fmahsts Wlll receive $500 ｾ＠ Water Suicide-and-Raft Trip during each and will be flown to ATLA' s an- r ｾ＠ nual convention at Atlanta, Ga., to - Spring Break (the result of a trans- deliver their essays before ATLA's parent attempt to use a trip to Dis- Environmental Law Section. neyland as a tax deduction), and a The contest deadline is Aprial 15, post-graduation Baja Trip to be con- 1976. ducted under the auspices of Mike Any inquiries should be addressed Highum, recent recipient of the Law Journal's post-doctoral degree i;-- to Ms. Bhrbara A. Stein, Contest Co- Advanced Baja. ordinator, ATLA, 20 Garden St., Cambridge, MA 02138 . Historically, the Club has been an informal (albeit illegal) combination providing students and their friends ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠

PLACEMENT OFFICE The problems which result when the Hastings' good will and good name in DEFENDED Placement Office attempts to mesh its the legal community would not be ad- by Karla Gray goals with its physical resources versely affected by either cancelling should be readily apparent to any the interviews or charging for the (At the outset, I would like to student who takes the time to think make it clear that although I am a use of our placement facilities. about it. Speaking for myself, I was These things simply have not been work-study employee at the Placement amazed, when I began working there, Office, I have written this article done and, as with the law, the legal at the amount of paperwork, telephone community changes slowly. sua sponte, and not at the request of calls, p.r., etc. required to keep the Placement Office; the views con- Mr. Wallace also suggested contact- the Placement Office functioning. ing small firms. This has been done, tained herein are my own.) During the "interview season" partic- The Hastings Placement Office does and the results are now available in ularly, the paper shuffle is nearly the Small Firm Guide. This new sourCE exist, contrary to what you may have impossible to keep up with; at the of information has great potential heard, to help the students in find- same time, of course, part-time and ing employment of all kinds. In an value for students who wish to work alumni jobs and routine office mat- for a small firm. As for setting up effort to provide some inSight into ters must be dealt with. the workings of, and problems faced off-campus interviews at these firms, The employees of the Placement Of- the Placement Office can only do so by, the office, the following is of- fice talk with students about their when requested by the firms. By fered in explanation and in partial resumes, frustrations, and problems using the Small Firm Guide, however, rebuttal to Bob Wallace's article in in job-hunting as much as possible. students can see which firms hire the last issue of the Law News. However, students are asked to remem- part-time or summer clerks and which The Placement Office has four pri- ber that the "interview season" is anticipate hiring 1976 graduates; mary goals (not listed in any order the busiest time of the year in the they can then contact the firms indi- of priority): (1) to help third-year office and to understand that there vidually. students obtain permanent jobs; (2) just isn't always time for counsel- The Placement Office recognizes to help students find part-time jobs, ling. Students are encouraged to that more time should be spent coun- both legal and non-legal, during the seek help from Placement Office em- selling students, and when the campus school year; (3) to help students lo- ployees; but please don't feel per- interviews end more time will be cate summer jobs; and (4) to help sonally affronted if asked to return available for counselling. In addi- alumni in obtaining permanent jobs. later in the day, or the following tion, the office has requested a full- To accomplish these functions, the day. time counselor in next year's budget. Placement Office must work within the In reply to Mr. Wallace's sugges- The office also realizes that more confines of its physical facility, tions, it is conceded that the campus should be done to help those students its budget and, of course, its staff. interviews constitute a drain on the who are not in the top 10-15% of their The Placement Office itself, as you office's resources during October and class find jobs; the problem, frankly, have noticed if you've ever stopped early November. However, these inter- is that the Placement Office is un- by, is hardly noteworthy for its size, views do produce jobs (though statis- certain as to what steps should be decor, or spaciousness. Limited only tics are admittedly lacking). Any taken to accomplish this. by budgetary constraints, the Place- idea of cancelling these interviews To close, I would like to make two ment Office does maintain varied re- or charging the firms a fee for inter- requests of the Hastings student body: source material to help the job- viewing here would certainly be met (1) please try to understand the limi- seeker in his/her quest. with little, if any, support from the tations facing the office; and (2) if The personnel in the office in- Hastings administration, since many you have any suggestions as to how the clude a full-time director and assist· of these are "prestige" firms, and Placement Office could be of more help ant, and two work-study students-- we all want Hastings to be a well- to the students, please make your hardly an impressive number to deal regarded school. And despite Mr. ideas known. The office is doing its with a student body of 1500 plus some Wallace's ,·rell-in tended sugges tions, best, and needs your help to do more 200 or so registered alumni. it is unrealistic to suppose that for you. before you spend a few hundred dollars and two ·months of your ｴｩｭ･ｾ＠ check out BRC

I) BRe lectures are delivered by outstanding teachers, like Prof. James eox 2) BRe outlines are authored and signed by well known ｰｲｯｦ･ｳｳｾｲｳ＠ (like Arthur M!lIer of Harvard and William Hawkland of Ulinois) who are personally responsIble for the matenals (the are not anonymously or staff prepared). Materials are tightlY-i!dited to give you all the law you need to know for the bar exam (you are not burdened with material which won't be tested). 3) BRe offers extensive individual testing - including true/false, essay, and, in appropriate states, multiple choice exams. BRe gives you far more feedback than any other course to reduce anxiety and heighten retention. ｾｾｾｾＭＭＭＭｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｲｾｩｾｧｾｨｾｴｾＬｾ｡ｾｮＺ､ｾｄｾｵｮｾ｡ｾｗｾ｡ｾｹｾｳｾｩｾｴｾｴｾｩｾｮｾｧｾｩｾﾷＺｮｾｴｾｨｾ･ｾｾＭＭｾｩｾｳｾｮｾｯｾｴｾｴｾｯｾ｢Ｚ･ｾｲｾ･｡ｾｬｾｩＺｳｾｴｾｩｾｃｾＬｾ｢ＺｕｾｴＺＭＺＢＺｴｯｾＺ｣Ｚｲｾ･ｾＭｾｾｾ＠ foreground or. frame left. Both are ate the appearance of reality." This frightened, she of being raped, he of appearance is often undercut by Pol- THREE DAYS OF being killed. But their respective lack's ambiguous feelings for his ma- territories are separated by the in- terial, which leads to an ultimately terpositioning of a large couch, or a unsatisfactory conclusion. THE CONDOR lamp, or a kitchen counter. Conse- In an excellent scene between quently, they are cinematically en- Houseman and Robertson, the former gulfed in common terror by the borders comes across as the main candidate for by Lorin Brennan of the frame, but visually separated the demonic force within the CIA. The into areas of private fear. The ma- film now rushes toward an apocalyptic The intrepid film-goer, more in turing of their mutual trust is de- climax, in which Redford and Robert- need of a good gag than Bob Hope, had veloped by camera positions that grad- son purge the CIA of the "hidden CIA" originally planned to entitle this ually eliminate the physical, and which is steering the company toward article "El Passa Condor." The pros- hence psychological, barriers between disaster. But, despite the demands of pect of Dino De Laurentis presenting them, until at last they are united good drama, the film makers were Sydney Pollack directing a Stanley in frame center by a beautifully back- afraid to vindicate the agency in the Schneider film looked like, based on lit close-up, their faces silhouetted post-Watergate era. Consequently, a past records, a definite strike-out. against the light of the other room, weak ending is tacked on, in which But Three Days of the Condor is noth- the soft-focused darkness of the out- von Sydow switches sides and kills a ing of the sort. Instead, the film er edges impelling them into an em- minor character who has been the is a fast-fused stick of raw dynamite brace. This mastery of the wide- "real" villain all along. The CIA is that grips its audience in the tight screen close-up becomes a defining saved, and Houseman is forgotten. fist of suspense until the final five characteristic of Three Days of the Yet, to show that there may have been fizzle-out minutes. (Ad-men, this Condor. sornethinq wrong somewhere after all, line is quotable.) Robert Redford plays researcher Robertson switches sides somewhat, and John Turner; CIA cQdename: Condor. argues that the plan would have suc- One day, he returns from lunch. Ev- ceeded, had it not been for the ad- erybody in the office is dead. Red- verse publicity. Redford ends the ford contacts the Assistant Director film as, if not the hero, at least an for New York, played by Cliff Robert- okay good-guy, by giving the entire son, and asks to be brought "home". • story to the ｎｾｊ＠ York Times. Well, But the agents who meet him try to terrific--but a big let-down from the bring Condor to roost permanently. great denouement which the center Redford flees in panic from the shoot- story promised. out, looking for someone to help him. On the whole, Three Days of the He drafts Cathy (Faye Dunaway) to his Cine Condor is a difficult film to evalu- cause. Through the magic of Holly- ate. The acting is uniformly good. wood, she turns from terrified victim And, despite the flawed ending, the to willing helper. Together, Dunaway majority of the work is exciting. and Redford confront the assorted This is due chiefly to Pollack's sen- characters of the intelligence "com- sitivity to the potentials of the In the final moments of the film, munity", including Max von Sydow, the wide-screen Panavision lens. It Robertson explains that the CIA Mid- ice-cold killer of impeccable charm, would be a shame to miss the real lus- east plan is necessary to get food and and John Houseman, who can fill a ter of the film by seeing it in sec- oil for the people of the United simple greeting with the sound of fal- ond run, where the prints will be States. Redford responds by decrying ling funeral ashes. For Condor has cropped down to a smaller size. the lives lost in the process. The discovered that there is another "CIA Still, $4.00 might be high for a film scene is played in a sequence of in- within the CIA', bent on bringing with a rating of: *** tercut one-shots. When Redford is about a war in the Mideast. Who can seen, the close-up is of his entire he trust to bring him home, before it face. But Robertson is only seen from is too late? his chin to his eyebrows. Thus, al- The parameters of this question though Robertson's face has greater are established by the Panavision cam- immediate visual power by being larger era of director Sydney Pollack. Ear- in the frame, something is missing in ly wide-screen directors, facing a him that is not missing in Redford: frame that was no longer a square the entire top of his head, and, con- but an oblongated rectangle, worried sequently, the philosophical and moral about how to fill that extra space. c:J COMPLETE c:l superstructure of his position. Dev- But Pollack realizes that more cine- astatingly good cinema. C MOTION PICTURE C matic space means more room for dra- LABORATORY matic interaction, since two charac- Pollack is not unfamiliar with ters can each occupy their own sphere other tools of the trade. His cutting o SERVICES & SUPPLIES 0 without cramping the other. Thus, style is excellent. The rise in ten- when Redford first takes Dunaway to sion in the first ten minutes is ex- o 16MM / SUPER 8 C her apartment, a nicely composed se- ponential. Interesting use is also quence of shots often has Redford made of focusing techniques. In one standing in the background on frame shot, the murderer, von Sydow, is seen o 0 in clear focus on frame right, with the background blurred. A focus-pull o STILL PHOTO SUPPLIES CJ reverses positions, in effect identi- fying von Sydow with the out-of-focus FAST, QUALITY 0 background. Later, when Redford PHOTOFINISHING LAKE o rmｾｌａｖｖ＠ leaves his devastated office, he BOOKS stops in the street, looking about 0'--___-"0 furtively for more assailants. He is in clear focus, while his background HASTINGS is blurred, the very background in o c which von Sydow now lurks. This is SPECIAL! an ironic twist on the learning of C LEO DINER o Citizen Kane, which teaches us that a 10% OFF ON ALL CES TAPES, ｃｅｾ＠ character only loses power over his FILMS, INC. OUTLINES, ALP CASE DIGESTS, surroundings when he is in "deep- o 0 CAMBRIDGE OUTLINES. focus", so that the background is shown in clear detail. o 0 YOU MUST PRESENT THIS AD TO However, despite all the good that RECEIVE THE DISCOUNT. can be said about Three Days of the Condor, the film is not without its o 0 332·350 Golden Gate Ave. OFFER EXPIRES DEC. 15, 1975 flaws. As one viewer put it, the O C plot doesn't seem very realistic. In San Francisco, CA 94102 this the spirit is right, but the 138McAlIister St. 863·2900 wording is wrong. By its very ability C 0 OPEN: 9·5:30 Weekdays to abstract time and space in the cut, (415) 775·3664 9·5:00 Saturdays the cinema. is inherently unrealistic. As Sternberg so aptly put it, the goal C 0 ｾｾｾｾＮ＠ ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ｜＠ !i A MESSAGE FROM THE STONE AGE

by Doug Elliott

Imagine a world without lawyers. ｾｲ･＠ ac 's For the three of you who still reading this, I shall elaborate. There are no lawyers because there are no laws. There are no laws be- cause people get along fine without them. It is a world withour crime looking gold lacquered plastic calf or violence. Weapons are unknown. on the roof? There are simply no words in the lan- "Jack, you're crazy." guage for "enemy" or "war." The in- "Heretic. They said the same habitants of this world interact with Jack sat down to a crowded Commons thing to Jesus." each other and their natural environ- table with a mischievous grin, "How "What would be on your holy menu, ment in a spirit of harmony and love. would you guys like to make a million o potiff?" Frank played along. All this may seem a bit reminis- bucks?" "A sacred smorgasbord. Something cent of a song John Lennon wrote a "Which bridge is it this time?" for everybody," Jack glowed. "For few years ago, but it is not the pro- someone sighed. the Catholics, we'll have a burger duct of a poet's fantasies. The "No, nothing like that. I've come called the 'Papal Bull'. Our loss- world I have described ｩｾ＠ real. It up with the greatest house-packer for leader will appeal to the orthodox; is the world discussed and photo- religion since the Catholics invented it'll be an inexpensive mutton sand- graphed in John Nance" s extraordinary Hell. Listen, there are only a few wich called the 'sacrificial lamb'. book, The Gentle Tasaday (Harcourt- things that people have to do every The protestants will delight in our Brace-Jovanovich, 1975). day, and the easiest one to capital- 'Last Supper' Meat-By-Product-Loaf. The Tasaday are a group 'of about ize on is eating." The chapel dressing will be 'Sacre- two dozen cave dwellers who live in "So?" Frank asked, interested de- Bleu'. " a remote Philippine rain forest. spite himself. "You've flipped." Until recent yeaTs they had no con- "What's the biggest success in "All great visionaries encounter tact with the outside world, and food?" great resistance. Mohammed, Luther, literally lived a Stone Age existence "I give up." Reverend Ike." Jack sighed, "Any- Contact was established in 1971 "Only the Army feeds more!" Jack way, we'd ordain each franchise hold- through the efforts of Manuel Eli- said, as enthusiastic as someone er as a minister of the faith and zalde, Jr., the Philippine govern- playing charades. He hummed a few require him or her to read about the ment's secretary for minority aff- familiar bars. life of Jesus, especially about the airs. Later that year, John Nance, "McDonald's! Of course!" time when Jesus fed the multitudes an Associated Press journalist was "Right. Now sit back, close your with seven fishes and seven loaves of invited to join Elizalde, the late eyes and try to imagine this. We bread. " aviator Charles A. Lindbergh (who franchise religion. That's right. "That's nothing. McDonald's fed wrote the book's foreword), and Put worship on a cash-and-carry ba- a million last year on one cow," Nick others on an expedition into the sis." cracked. rain forest. "Jack, you immoral bastard!" Jack solemnly ignored him. "We'd Nance found it difficult to be- Theatrically offended, Jack look- require the faithful to eat at least lieve what he observed. Here were ed pious. "All I propose is that we one meal a week. A holy coupon people living in the most primitive expand the lines already offered by would be issued for every blessed of circumstances, clad only in leaves existing religions. The Catholics burger bought; ten coupons would en- subsisting primarily on roots and have bread and wine. The protestants title a true believer to a genuine wild yams they had gathered. Yet have grape juice. Etc. And there plastic miniature golden calf. The these people were anything but sav- isn't a damn one of them that doesn't ministers could wear .... " age. They were intelligent, peace- pass the collection box. It's a "Hey Jack, what about that million ful, affectionate, happy--in short, simple, logical step." bucks?" beautiful. Nance's journalistic "Get on with it, Jack," Nick said "Of course. Seeing as how you're skepicism put him on guard. These impatiently. all such wonderful friends, I've de- people could not be as innocent as "O.K. We pattern the business end cided to let you guys buy the first they seemed; he must not succumb to of it after McDonald's and take an 'parishes'. $100,000 down and 10 romanticism. eclectic approach in ripping off es- percent of your gross to keep me Yet subsequent visits to the Ta- tablished religion. I thought we afloat on the Holy See." saday over the next three years con- could call it the 'Golden Calf' . What about atheists?" vinced him that things were indeed Couldn't you just see an inexpensive "Who doesn't believe in food?" as they seemed. His book recounts yet tastefully designed drive-thru Jack smiled beatifically. "NOW, his experiences and growing under- chapel with a holy menu and a benign who's first?" standing of these remarkable people, and reveals the dangers they faced from encroaching "civilization." It This isolated group has maintain- marriage, the Tasaday have no wed- is fascinating reading, full of ad- ed a social order that is as close ding ceremony. In fact, they seem venture, mystery, and political in- to utopian as we are likely to find. to be delightfully free of all for- trigue. Reading it is an intensely Thoroughly egalitarian, the Tasaday malized ritual. There is also a emotional, as well as intellectual have no clearly designated leaders, lack of religious concepts. While experience, causing one to ponder the although several individuals seem to some speCUlation existed that the past and potential of the human race. be particularly influential. The Tasaday's tremendous adulation of I have always been suspicious of group is cooperative, rather than Elizalde indicated that they regard- the phrase "human nature." It is a competitive. Each member partici- ed him as something of a god, there vague term, devoid of precise meaning pates in the primary task of gather- was never any clear evidence of this. which is often used to explain away ing food, and the food is shared The only indications of any belief behavior that is anything but natur- equally. If there is a shortage, in the supernatural are a few vague al. It is a term seldom used to ex- the children are fed first. references to "spirits" and "witches' press man's potential for good; it The Tasaday maintain a nuclear and these references are generally is generally used as a means of ra- family structure, but all of the hearsay. tionalizing the worst elements of families live together in close The one characteristic of the Ta- our character--greed, distrust, ag- association. They are thoroughly-- saday that is paramount is their gression. If there are any insights and happily monogamous even though love of their fellow human beings, to be had concerning this dubious there is a shortage of women in the exhibited by frequent physical and concept, it is obvious that they group. Sex roles are not clearly vocal expressi ons of affection. will be found not in observations of deliniated, although there tends to What is especially noteworthy is human behavior in modern technologi- be some classification of tasks alons that this affection extends to those cal societies alone, but also in un- sexual lines. Men share in the outside the group. Although they derstanding the functioning of human rearing of children, and at least were terribly frightened when stran- cultures in what most closely resem- one woman exhibits leadership quali- gers first arrived in a terrifying bles a natural state. Such is the ties in the group. (continued ｀ｾ＠ page l2) world of the Tasaday. Despite their clear concept of amendments to compel a woman member of which the court refused to order a blood D I E Jehovah's Witnesses to accept blood transfu- transfUSion, was not "based solely on religiOUS RIGHT TO sions. The court said that "no overt or affir- freedom, but aJso on the broader based free- mative act of (the patient and her husband) dom of choice, whether founded on religiOUS (continued from page 1) offers any clear and present danger to society beliefs or otherwise." . -we have only a governmental agency com- So, despite that 1971 New Jersey ruling, the ｭ･､ｬ｣ｾＱ＠ lh.' hllih I .. he Colosseum. protest and to perf?rm.any procedure pelling conduct offensive to (the patient's) re- body of American tort law is on the side of In 1 be 1'mten States, ｾ･ｶ･ｲ｡ｬ＠ courts have on the pallent which It believes IS necessar'J· ligious principles •.• We may not permit in- the family. The Quinlans are right to say: specifically recognized in rec,'nt years that a to save his life. terference therewith ... in the waning hours ''Turn off the respirator and Jet Karen die person has a "right to die"-at least to the ex- Courts in other jurisdictions have viewed of her life for the sole purpose of compelling with dignity." This is their wish and, more tt'nt of having the right to refuse medical these questions differently. The first reported her to accept medical treatment forbidden by important, Miss Quinlan's, and legal precedent care which is essential to preserve and pro- case arose in 1962 when a Nassau County, her religious principles, and previously re- establishes that it should be respected. long life. However, Miss Quinlan's case is be- N.Y., hospital superintendent asked state Su- fused by her with full knowledge of the prob- Ing heard in New Jersey, and that is unfor- preme Court Judge Bernard S. Meyer Jr. to able consequences." tunate. sign an order authorizing the hospital to ad- On the federal level, a 1971 decision by the In 1971. the Supreme Court of New Jersey, mini ster a blood transfusion to a competent Second Circuit Court of Appeals held that speaking through Chief Justice Joseph Wein- anult who had agreed to an operation to cor- forcing medication on a protesting Christian traub, unanimously held that "there is no con- reet upper gastrointestinal bleeding but re- Scientist violated her constitutional rights. A stitutIOnal right to choose to die." However, fu sed to allow a transfusion. The ｭｾ Ｌ ｩｩ｣｡ｬ＠ year later Federal Dist. Judge Herbert L. he was discussing the life of a sentient human Judgment ｷｾｳ＠ that the patient would have lit- Will held that transfusing an unconscious pa_ being, not the "life" of a human vegetable. He tie opportunity to recover Without the blood. tient, who, while conscious, had refused a went on to say "that when the hospital's in- In refUSing to Sign the order, Judge Meyer blood transfusion violated his federal civil ｾｮ､ｩｶｩ､ｵ｡ｬ＠ ｴｨｾ＠ terests are pitted against the belief of the pa- said, "It is the .•• who has fl- rights. ' tient, we think it reasonable to resolve the nal say and this must nec:essanly be so m a It was also in 1972 that the District of CoI- problem by permitting the hospital and its system of government which gIVes the great- umbia Court of, Appeals in hearing an unre- staff Ito pursue their functions according to est possible pr0tt:tion to th.e ｩｮｾｶｩ､ｕ｡ｬ＠ in ｾｨ･＠ Jated case, refused to foilow the New Jersey their professional standards. The solution ｦｵｲｴｨ･ｾｮ｣･＠ of ｨｾｳ＠ Ｎ ｯｾ＠ ､･ｳｬｾ･ｳＮ＠ .In answenng decision and commented directly on its philo- sides with hfe, the conservation of which is, the POint that SUICide IS a cnme In New York, sophy: "The notion that the individual exists we think, a matter of state Interest." Judge ;-reyer ｲ･ｩ･＼［ｾ･､＠ the contention that the for the good of the state is, of course, quite This is "Big Brother knows best," with a patient s deCISion IS Just about the taking of antithetical to our fundamental thesis that vengeance. Such a ruling is contrary to fun- his own life." the role of the state is to insure a maximum damental American tort law, for it appears to In 1965 the Supreme Court of Illinois unani- of individual freedom of choice and conduct." give a hospital medical staff carte blanche to mously held that it was a violatio'l of basic Judge J. Walter Yeagley, in his concurring ignore a competent adult patient's violent constitutional rights under the First and 14th opinion, emphasized that the deCision, in

AT·WHAT MOMENT IS LIFE OVER?

The questions sound like law school hypotheticals. One pertise and goes beyond medical authority, properly man shoots another in the head. The victim is rushed to understood. the hospital and hooked up to modern life-support If the uncertainties surrounding the question of systems. Although his heart and lungs are functioning, By Alexander Capron determining death are to be laid to rest, a clear and the doctors decide his brain is dead. His heart ｩｾ＠ removed acceptable standard is needed. And if the formulation and transplanted. Is the assailant guilty of murder? and adoption of this standard are not to be abdicated to A man has an automobile accident that causes severe has arisen in litigation, common law courts have gen- the medical fraternity under an expanded view of its brain damage to a you ng girl whose still beating heart is erally regarded this as "a question of fact" for deter- competence and authority, then the public and its given to a waiting cardiac patient. Can the man be mination at trial on the basis (partially t.ut not exclu- representatives ought to be involved. Even if the medical convicted of manslaughter, or only of felonious drunken sively) of expert medical testimony. Yet the standards profession takes the lead - as indeed it has - in pro- driving? which are applied in arriving. at a conclusion, although moting new criteria of death, members of the public But these case); are not hypotheticals; they are real. based on medical knowledge, are established by the should at least have the opportunity to review, and Both have been in the California courts, where practicing courts "as a matter of law." either to affirm or reject the standards by which they are doctors and lawyers there - and across the coun- Thus while it is true that the application of particular to be pronounced dead. try - have found themselves faced with many ques- criteria or tests to determine the death of an individual may call for the expertise of a physician, there are other tions - and fewer answers. When is a person legally and CAN THE COURTS SPEAK FOR THE PEOPLE? medically dead? Can there be, or should there be, any aspects of formulating a "definition" of death that are difference between the two? And who should decide? not particularly within medical competence. To be sure, Although the present legal "definition" of death - the total cessation of circulation and respiration - is a result At issue is the application of the traditional legal in practice, so long as the standards being employed are of court opinions, for the public to rely on the judiciary definition of death - the cessation of all vital bodily stable and congruent with community opinion about the to revise the law appears to be an unsatisfactory functions, including circulation and respiration - to new phenomenon of death, most people are content to leave alternative for anum ber of reasons. medrcal capabilities which allow us to keep individuals the matter in medical hands. But the underlying extra- Ialive artifically. In the shooting and accident cases, medical aspects of the "definition" become visible, as eFirst, such a protess would be very slow, with a they have recently, when medicine departs (or appears "definition" emerging only in a piecemeal fashion as . ｾｾｾＺｾｾＬｾ＠ ｾｾｾｴ［Ｚｾ［ＺｬＺｾＺｴｰｾｾｾ･ｾｾｾｾｾｳｦｾｾｾｾｾｾｾ･ｾｾ､＠ ｾｾ［｡ｾｾ＠ to depart) from the common or traditional under- litigation was resolved. The delay and expense involved the cases, which was appealed, trial court judges dis- standing of the concept of death. would clearly be detrimental, both for the parties and agreed about the actual cause of death. The formulation of a concept of death is neither for society. With the changes in medical technology, new simply a technical matter nor one susceptible of empiri- eSecond, a need to rely on the courts reflects an criteria are being established. The most prominent are cal verification. The idea of death is at least partly a uncertainty in the law which is unfortunate in an area those formulated in 1968 by the Harvard Medical philosophical question, and physicians are not neces- where private decision makers (physicians) must act School's Ad Hoc Committee to Examine the Definition sarily expert on these philosophical questions, nor are quickly and irrevocably. of Brain Death. Moving away from a definition based they expert on the question of which physiological eThird, although a judge might, once a case was only on vital signs such as pulse, heartbeat, and actually before him, be able to resolve the issues respiratory movements, the Harvard Committee de- involved simply by a process of reasoning, it is likely scribed in detail criteria for "irreversible coma." Such that he would place heavy reliance on expert medical criteria deal specifically with "brain death," and if witnesses, since courts lack the expertise and investiga- doctors can show that a patient has the signs of tory staff which other official bodies posses to develop unresponsiveness to "externally applied stimuli," an scientific facts or to explore public opinion. Conse- absense of spontaneous muscular movements or respira- quently, a judge's decision might be merely a rubber- tion, no elicitable reflexes and, when possible, a flat stamping of the opinions of medical experts - in effect, electroencephalogram can confirm no response, then the leaving the decision to the medical profession indirectly. patient is dead. eFourth, courts are likely to feel constrained by the doctrine of stare decisis. A number of courts which have The Harvard Committee's report was favorably re- been asked to adopt a "modern" view of death based on ceived within the medical community. But not all neurological criteria have declined to do so because they doctors were enthusiastic, and the public itself has met functions decisively identify a "living human organism." feel bound by precedent. the change in defining death with a growing uneasiness. They, like other scientists, can suggest which "vital signs eFinally, even were the courts to arrive at a new set This uneasiness is reflected not only in the medical of standards, their decisionmaking would not actively community, but also in the 'judicial and legislative have what significance for which human functions. They involve the public. sections of our society. may, for example, show that a person in an irreversible coma exhibits "total unawareness to externally applied SHOULD DOCTORS DEFINE YOUR DEATH? stimuli and inner need and complete unresponsiveness," LEAVING IT UP TO LEGISLATION The central question appears to be to what extent, if at and they may predict that when tests for this condition There appears to be only one solution; adequate all, the "defining" of death is a medical matter, properly yield the same results over a twenty-four-hour period legislation. However, there are some drawbacks to left to physicians because it lies within their particular there is only a very minute chance that the coma will ever legislating a definition of death, foremost among these sphere of competence. The belief that the matter of be reversed. Yet the judgment that "total unaware- being a badly worded one. At no time should doctors. or ('defining death" is wholly medical is frequently ex- ness ... and complete unresponsiveness" are the salient laymen be confused because the language is too specific pressed, and not only by physicians. Indeed, when a characteristics of death, or that a certain level of risk of or too general. Such a statute should concentrate on one question concerning the moment at which a person died error is acceptable, requires more than technical ex- definition of death that would deal with the physio- ＮｱＮＮｱＬＮｱＮＮｱＬＮｱＮＮｱＮＮｱＬｾｾｾｾｾｾｾＮｱＮＮｱＬＮｱＮＮｱＮ＠ 7 OUT ING CLUB umbrellas at the Library Loan Desk. visor can't be all bad." The frosh (continued from page 2) Among the illuminati they have co - asked for an example of the type of with an opportunity to get together erced into accepting are Ski In- spiritual advice the Cat rendered_ and party in remote and/or novel set- structor Lind (he's cute, girls), "Well," replied his super-annuated, tings. The Club is trying to provide Dean 'The Silver Fox' Riegger (who prematurely obsolescent senior, "you extra-curricular activities which will has since relocated in Japan), Prof. remember when the suggested rules for appeal to everyone - male, female and 'Hypo' O'Brien, Prof_ 'Blue Chip' Capture the Flag called for alternate David Schuyler. Traditionally, ｭｾ･ｲｳ＠ Downs, Dean ("Sure my dues to the NLG selection of team members? Tom's ad- ｨｾｶ･＠ been accorded the opportunity to ｷｾｲ･＠ a little late, but .. _") vice was that this would lead to some w1thdraw from the main party by them- W11son, Prof. Boyer, Ethics Expert guy with skinny legs and pimples (a selves, or with a few friends. Some- (the Club needed one), Prof, 'Oach' transparent reference to Steve 'Night times the Club's efforts amount to DeCaprillis, Prof_ McCall, Hastings' train' Beltrain) being the last per- nothing more than publicizing a groovy marathon MOnopoly Champion, Prof. son to be picked. So he suggested event (e.g., the Hookers Ball). In Cox, noted stand-up comedian (see that it would be better to have ev- addition, the Club assists subsidiary the 1974-75 Faculty Evaluation), Prof. eryone line up and count off odd ｡ｮｾ＠ groups like the Ski Bums and the Bi- Van Dyke (well known to readers of even, or have A thru J on one side cycle Touring and Tyre-Biting Society Herb Caen), Mister Jesmore, hero of and K thru Z on the other." (led by Jamie Campbell); sailing and the battle of Legal Reading and Admittedly the Club is top-heavy hang gliding are also being considered Writing, and, by special draft, Prof. with ASH members and over-achievers, The Club's application for recog- Green, author of the famed little red but membership is open to all, the nition as an official student group book. prerequisites being the payment of quoted Dean Anderson's statement that Club officers include Gail 'Flash' one dollar to Treasurer John ("One "the greatest humanizing influence for Jonas, Vice President Toni Young Ｈｨ･Ｇｾ＠ Hand Washes the Other") Hull, toler- us is the individual student who ex- also president on the third year ance of other bizzare people, and erts a warm and friendly relationship class), Secretary 'Randy' Bell, Club never littering. The Club was spe- toward other students" in stating the Beard Bob 'Gun Freak' Dennis, and cifically designed to appeal to sexy Club's purpose_ They then proceeded to Spiritual Advisor Tom 'Cat' Byrnes. Penny Sempell and George Hannon; and try and gain a toe-hold in the local As one of the more derilict members if that beautiful Yalie named Katrina military-industrial complex by in- of the Club's hard-core observed, doesn't join, the author of this viting fifteen carefully screened over some hash and a joint at the article threatens to throw himself members of the Faculty and Administra- Law News office, to a first year off of his bar stool. (And you, too, tion to become Advisors to the Club. student (who had asked the afore- McNellis, you Penny-pinching cheap- All this, they tell me, merely to ef- mentioned member where there was a skate.) The Club has already signed fectuate the distribution of rental good place to turn on), "Any organ- up Law Wilson, the Official Emissary ization listing Tom as Spiritual Ad- from the Swanee Outing Club. Or, as ｾｾｾｾｾｾＮｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠ one Club thug put it, "You can't be the only groovy person at Hastings, logical and not the philosophical definition, drawing person will be considered dead if in the announced § join the Club and meet some of the from existing definitions which are still acceptable to opinion of a physician, based on ordinary stan- others_" most people and are scientifically valid. dards of medical practice, he has experienced an I The Club's fund raising activities This would serve to emphasize that what is involved is irreversible cessation of spontaneous brain func- include the aluminum recycling con- a change of method, but not an alteration of the tions. Death will have occurred at the time when tainer across from the elevators in meaning of "life" and "death." It would risk abuse and the relevant functions ceased. the basement (incidentally, to clear confusion, however, to adopt a number of different . h Under this proposal, the determInation t at a person up some apparent confusion, the con- standards, each framed in terms of a special purpose - as has died is to be based on an evaluation of certain vital tainer is NOT intended for used alum- some have suggested that a special definition of death be bodily functions, the permanent absence of which Ini). The Club has already made a mar- adopted for organ donors to permit thel·r organs to be b . h indicates that he is no longer a living human eIng. T e removed at a time before they would otherwise be f II ket study of the feasibility of an model statute disregards the act that some ce s or "dead." umbrella rental service and now hopes Such a special "definition" would be both unwise and organs may continue to "live" after this point, Just as to make 50 waterproof umbrellas avail- others may have ceased functioning long before the unnecessary. In this connection, it is important to determination of death. able to students at the Loan Desk recognize that the subject of a "definition of death" is (right over Miz Martha's dead body). "when IS a person dead?" and not "when should a dying Unlike the Kansas law, the proposal IS framed in In keeping with the Law News· person be allowed to die?" While many of the same terms of a single natural phenomenon, and it specifies policy of hard-hitting, investigacive concerns lie behind the latter question, failing to keep it the circumstances under which each of the standards is reporting, I confronted the ring- separate from the question at hand clouds the under- to be used to measure different manifestations of this leaders with the fact that amongst standing of both. phenomenon rather than leaving this to the unguided Thus, it would be preferable for a statute to speak in discretion of physicians. certain second year students like terms of general human functions which are conceived Bob '89.9' Frietas and Eric 'Long The "definition of death" is not merely a matter for of as being necessary for life, and to leave the establish- Hair' Donee (some people will do technical expertise. The uncertainty of the present law is ment of the implementing CrIteria to medical groups ANYTHING to get their names in the unhealthy for society and physiCIans alike, and there is a such as the Harvard Committee. paper), the Club is referred to as great potential for mischief and harm through the But a statute should also be flexible, since criteria and possibility of conflic't between the standards applied by the Hastings Drug Club. All the per- tests for determining death may be subject to frequent some phYSIcians and those assumed to be applicable by petrators could do was look at the revision, drawing, as they will, from the changing medical the community at large and its legal system. Patients and floor and tug their collective fore- scene and values of the public. their relatives are also made uneasy by phYSIcians lock. The first legislative attempt to resolve thiS situation apparently being free to shift around the meanIng of One member of the Club has been was made in 1970, when the state of Kansas adopted death without any societal guidance. after me all week to make some kind "An Act relating to and defining death." Serving as a model for legislation adopted in Maryland in 1972 and The connection between the standards is plain: If of remark about the topless VW (it's now pending in a number of other states, the Kansas cardIac and pulmonary functions have ceased, braIn an inconvertible) he and his roommate statute, nevertheless, has a major problem. Other than functions cannot continue; if there is no brain activity jokingly refer to as a car, I have and respiration has to be maintaIned artificially, the elected to ignore him. some unclear language, ItS difficulty is that it sets forth npn "alternative definitions" of death in two separate para- same state exists. WhIle it would be pOSSIble to adopt the • u graphs. cessation of brain fu nctioning as the sole standard for The second definition, which turns on an "absence of determining death, such a step would needlessly compli- spontaneous brain function," makes reference to the cate matters since the traditional standard (absence of STAR CHAMBER circulation and respiration) IS stIll adequate In the vast removal of organs for transplatation, but there is no Star Chamber welcomes .l appreciates your patronage and as clear statement in the statute on when one definition or majority of cases, and it is much SImpler to verify and complimentary service during FINALS ONLY, Star Chamber the other should be used. Thus, the Kansas statute more acceptable and accessible to laymen. will lower its coffee price to ISc a cup. suggests that there are two phenomena which can The legislation proposed would dispel public confu- Star Chamber has.l is continuing to make a variety of changes equally well be called death, and yet it fails to explam sIon and concern and protect phYSIcians and patients, and improvements and welcomes any suggestions you may the difference between the phenomena or to suggest the while avoiding the creation of "two types of death," for have. (In writing, please) Star Chambers main endeavor is to offer you the ultimate in service (s) at all times. circumstances under which one definition is more which the statute on this subject first adopted in Kansas appropriate. has been justly criticized. The proposal is offered not as the ultimate solution to the problem, but as a catalyst MENU FEATURE: A NEW LEGAL DEFINITION for what is hoped to be a robust and well-informed public Breakfast: 2 eggs, toast, pobtoes, sausages, coffee ...... S 1.40 debate over a new "definition." Since the courts cannot, at present, adequately define OmeUettes (plain) ...... SOC death, and since the Kansas statute offers confusion in Ham, or, cheese, or, zucchini ...... (extra) ISc some cases, the Hastings Institute's Research Group on Alexander Capron is Assista1/t Professor of Law at the Death and Dying has developed an alternative definition UmverSlty of Pennsylvania and a Fellow of the Hastings Denver omellette.....•...... SSe of death: InstItute This article Clln be found in a greatly expanded V. pound beef franks ...... •...... SSc A person will be considered dead if in the form in the University of Pennsylvania Law Review announced opinion of a physician, based on 121 :87-1 18, 1972, called "A Statutory Definition of tbe V. pound polish sausage ...... •... 90c ordinary standards of medical practice, he has Standards for Determining Human Death" by Prof experienced an irreversible cessation of sponta- Capron and Leon Kass, ,\i. D., who is the ExecutIve Star Chambers' New Hours: neous respiratory and circulatory functions. In the Secretary for the Cormmttee on the Ufe SCIences and Mon - Tues· Wed - 7:00am to 4:00pm event that artificial means of support preclude a Social Policy, ,\'atlOnal Research Council - NatIonal Thurs - Fri - 7:00am to 3:00pm determination that these functions have ceased, a Academy of Scie"ces. WId db db n un ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾＮｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠ Morrow dumped off a safety-valve to Howard Sagasar, and the big lineman rambled down to the 2-A ten. But the I-M FOOTBALL PLAYOFFS defense, led by Jerry Manion, John Thurston, and an unidentified 220 lb. by Rusty Hardy, Curt Hofeld, and the drive was sustained by a fine organism known by his teammates as "Grampa" Al Oshima over-the-head catch by Bob Burmeister, reputed owner of Bob's Big Boy. The "the beast" held for the next seven plays, with only a short first down Three-dee, the scourge of intra- Horde devastated 3-B's attempt at a sandwiched in. Two-A added another mural football for the past three comeback with successive sacks by score, with completions to Sakai and seasons, ran its winning streak to Don "9-2" Mulford, Dave "Damper" Lan- Keith Bardellini setting up Bebb's eighteen with an 18-12 overture ferman, and 3-D's big middle line- third touchdown for a 25-0 halftime against a stubborn and spirited 3-B backer, Karla "Too Tall" Gray. Other lead. The second half was played in ｔｾ･＠ defensive standouts included Steve squad. contest was avidly ob- fog and a home-chilling wind, and pas- served by a screaming mob of fans, Beltran's left eyebrow. It and the sing effectiveness was limited by the including scouts from Mudbowl-bound game were iced when Bruce Gilmore lowered ceiling. A fourth Cummings- 2-A, and from the Dee's triple-A scored the Dee's final TD on a play- to-Bebb TD pass was neutralized in affiliate in the NFL, the Oakland action pass in which halfback Tom the final seconds when Robin Baggett Raiders. The victory sends 3-D to "Basher" Fleming, running on a fake, put 3-A on the board with a scoring their third straight Mudbowl. led most of the defense astray. Gil- more scored despite defender Scott pass to Bob Haslem. The Defensive-Horde stopped Bee on ."IIII.,.IIII.tNtf.M •• MIII_tf'IIIt"'*"_,.... ______I ...... the first series, forcing a punt. Ghormley's innovative attempt to Dee's drive to the goal line was swear the play dead. The score was Three-dee wrapped up the "A" League sparked by a sweep by Bob "Twinkle- narrowed in the final minute when Ed- title with a convincing 26-20 win toes" Burmeisuter, a 10-yard pass rington found the Panther on a short over 3-A in the regular season finale. completion to Bruce "Fireplug" Gil- pass, who scored when Rick Crow put a The first half was a scoring exchange, more, and another to Bob "Flash" Lesh blindside block on Tom "Beep-Been" with a Rick Wilson bomb to Bruce Gil- to set up a first and goal. The Byrnes. more on dee's first possession being Dee's score on the next play was nul- As the sun sank slowly over the offset by a TD pass from 3-A's Bill lified when the referee moved the end- redevelopment projects, the game wound Morrow to Dan Cook. The dee took a zone out from under the touchdown to a close, and departing fans were 12-6 lead with a pass on a half-back with some modest field adjustments. treated to the Hastings Marching Band, option from twinkle-toed Bob Burmeis- Three-B countered with a drive of led by our own Captain Kangaroo, as ter to end Peter "Fly-by-night" its own, on a run by ｲｾｧ｢ｹ＠ refugee they took the field to play the Has- Fairchild. A costly penalty against Joe Scott, but stalled out on the tings Fight Song, the Theme from the Horde set up a score-tying pass first of three tackles by Steve "Hoe "Jaws" . from Morrow to ｒｯ｢ｾｮ＠ Ba9gett just be- Mentum" Beltran and a blocked pass by A mere two days earlier, 2-A for3 halftime. 3-D went ahead to stay Rod "Basket" Wickers, and was forced blitzed 3-A with scoring drives in when Burmeister culminated a lengthy to punt. An end sweep and pass com- each of their first three possessions, drive with a scoring run over right pletion by Twinkle-toes set up the and went on to humble the seniors 31- end. The Horde sufficiently contained first Dee touchdown, a nifty double 6 to gain the other spot in Mudbowl 3-A the second half, thanks largely to reverse by end Peter "Wings of Man" III, and deprive 3-A of one last shot a timely interception by linebacker Fairchild. True to a long-standing at their hated rivals, 3-D. In 2-A's Pat "Crash" Faulkner and a game- tradition, 3-D missed its conversion initial possession, tailback Neil sealing safety by rusher Doug "Snake" attempt. The next successful conver- Cummings hit Dick Bebb on the side- Price. The Dee closed- out the scoring sion will be bronzed. 3-B roared bac} line, and the receiver benefited from with an end-around on a double reverse to tie the score by halftime, when some sloppy flag pulling to run the by Peter Fairchild, who ignored a per- "Pistol Pete" Edrington, under strong length of the field for a score. Af- fect Rick Wilson block and reversed pressure, hit Don "Pink Panther" ter their defense held, 2-A struck the field a third time before crossing Carter, who unzipped a fly pattern, again on a triple play from Cummings the goal line. and tightroped down the sideline for to Bebb to center Dick Sakai over FINAL STANDINGS the score. the middle for another long touchdoWn. League "A1I The stalemate dissolved early in A second Cummings-to-Bebb pass play Team W L T Pct GB PF PA the second half when tailback Rick stretched the lead to 19-0. 3d 4 0 1 900 -- 117 31 Wilson hit the Dee's own gazelle, Three-A nearly got on the board in 3a 4 1 0 800 ｾ＠ 86 50 Pete Fairchild, for a second TD after the first half when tailback Bill 2b 3 2 0 600 ｬｾ＠ 127 56 lc 1 2 1 375 Ｒｾ＠ 37 63 Ie 1 4 0 200 Ｓｾ＠ 19 79 la 0 4 0 000 4 18 125 HALF TIME League liB" by Stuart Bronstein Team W L T Pct GB PF PA It was a brisk new fall morning. "Fine, Figby," affirmed Mr. Snod- 2a* 4 1 0 800 -- 134 73 It was strangely light outside, be- grass. "But I never knew you went to 3b 4 1 0 800 -- 102 53 cause Daylight Savings Time had just Stanford. I was under the impression lb 2 1 2 600 1 98 77 ended; and the leaves had just begun that you attended the Western Calif- 2cd 2 2 1 500 ｬｾ＠ 86 66 to turn red, golden or brown, while ornia Correspondence Law School." 3c 1 4 0 200 3 31 102 a few had just the moment before tum- "That's right, sir," retorted ld 0 4 1 100 Ｓｾ＠ 13 93 bled to the ground. Figby. "But I used to study at * first-place finisher In the law offices of that presti- Stanford's law library." gious firm of Winkin, Blinkin and "Fine," said Mr. Snodgrass. "And Snodgrass, excitement was in the air. you, Winterbottom? OK, you take Mr. Snodgrass had just called a meet- Berkeley. What is it, Fronk?" ing to announce that football season "I'd like to go to that game too, was near. Mr. Snodgrass," replied Fronk. "Be- ｢ｾｲ＠ "Van Norman and Pilk went to the sides, I've got a brother-in-law in USC-UCLA game last year," recalled Atherton who is a chiropractor, and Mr. Snodgrass. "Who would like to go my back's been giving me trouble late- this year?" ly. " WHOSE OUTLINES ARE YOU "I'd like to go again," replied "Is there another law school in the Van Norman. "My sister lives in area?" inquired Mr. Snodgrass. BORROWING TO STUDY Button Willow, and I would like to "Hastings, sir." injected Fairthing- visit her again, too." ton. FOR FINALS? "All right, son. Go ahead. You "All right, Fronk. Have Miss Good- take USC, and you with your hand up body type 12 copies of a letter to (FOR THE LOW-DOWN over there--Farley, you go along and Hastings saying we're interviewing for take UCLA." new associates, and would like to talk SEE YOUR LOW-DOWN to some of their students. When she's A din of conversation began to rise B.A.R. REP) in the small meeting room of the l54th done, send them the copy with the largest law firm in the state. "NOW, least mistakes, and you're in," de- how about the Berkeley against Stan- manded Mr. Snodgrass. YOUR B.A.R. REPS: Steve Bradbury, ford game?" inquired Mr. Snodgrass, "And will we all make the decisions Tom Byrnes, Jesse Gaines, Scott shouting above the noise. on who to hire when we get back to- Ghormley, John Hull, Nell Newton, gether?" inquired Fronk. "As Stanford's representative to Laura Rockwood, Sandra Salazar, the firm, I'd like to go to that "None of you are going there to hire Polly Tyson, and Merilyn Wong. game," interjected Figby. 3.nyone, Fronk. Just enjoy the game." is equally loving of both old and new rock, and a conscious concern with "roots" is a particular distinction of DO YOU HAVE ENOUGH MUSIC this group of artists. The first side, which introduces MONEY TO PAY YOUR the whole roster, is outstanding. BAY AREA BOOGIE Earthquake plays a blistering version RENT NEXT MONTH? of the Easybeats' grappling-with- by Greg Marriner alienation song, "Friday On My Mind". OVER 100 STUDENTS DO NOT HAVE THIS PROBLEM•.. THEY PAY THE LOWEST RATES Then there is Greg Kihn's "All the IN TOWN. Right Reasons", a pop gem which man- Most of the music we hear on FM or ages to sound sincere and funny, light WOULD YOU LIKE TO LIVE WITH THEM AM is not regional, but part of a nat- and rousing all at the same time (with IN YOUR OWN STUDIO APARTMENT ional market. AM in particular plays a tip of the hat to ROxy Music). AND HAVE USE OF A STUDY ROOM, few regional records. And even when a "Gorilla", by the Rubinoos, is a RECREATION ROOM, LAUNDRY FACILI· popular local group like Jefferson silly, fun pop tune about literally TIES .... PLUS COLOR TV? Starship has a hit, it's no more like-' "going ape" over someone, sounding ly to be a hit here than anywhere something like the Beach Boys with a IF SO, YOU ARE INTERESTED IN HASTINGS HOUSE· .. WHERE A FURNISHED STUDIO else. Many of the top-selling artists latin beat. Finally there are two APARTMENT IS $13 5 PER MO. UTI LlTIES seem dissociated with the regions that numbers by Jonathan Richman, a migrant INCLUDED. spawned them. Sometimes they even Easterner who writes ironic yet cele- lose their national identity, and seem bratory lyrics about technology and CALL 325·4407 or 673·1016 to make records in some identityless bureaucracy. His voice might take HASTINGS HOUSE factory in the sky. Does Elton John's some getting used to, as it's a near- 225 HYDE STREET music sound more British, or more monotone, not unlike Lou Reed's. Reed SAN FRANCISCO American? may have inspired Richman as much as, Rock doesn't have to be regional to say, Dylan inspired Reed, but Rich- be good, but some of the most exciting man has a lot more fun than Reed, and and inspired rock comes out of local his framework is a more basic rock 'n' clubs in America and pubs in England. roll. His driving "Roadrunner" could FLASH ... Across the bay in Berkeley resides one be a seventies anthem. Its celebra- It has been reported by our of the best batches of local artists tion of the ordinary--of AM radio and Madrid correspondent, Buck Loner, anywhere, some of whom have been col- the Stop and Shop--gives it a particu- that former President Thieu of South lected to record a sort of "Berkeley's larly humanistic and romantic tone. Vietnam has purchased Juan Peron's greatest hits." The record is titled, On Side Two Richman sings the old palatial villa on the outskirts of capriciously and wishfully, Chart- Showmen song "It will Stand", a simple Salamanca. This, Loner suggests, busters Volume I, and is on the newly- proclamation of rock's durability. is a gesture to the Free World to formed Beserkley label. The album Records like Chartbusters make me be- prove that Thieu can live as cheaply jacket is a loving recreation of hit- lieve it. When rock is this personal as Juan. compilations of the fifties and six- and this faithfully conceived, it's in -Adios ties (and because of its lack of pro- the realm of folk-art, and not just motion, it has been misunderstood: the dollars-and-cents here today-gone for a while Tower placed it in the tomorrow world of top thirty and the "oldies". section). The music inside show-biz machine.

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- ｾＭ ＭＭｾ＠ -- - ＮｾＭ ------"_." ONCE AGAIN: The Four Seas scheme threatens to destroy a thriving Asian community. THE CHILD CARE CENTER Despite its shabby appearance, the STRUGGLE International Hotel, located at Kearny and Jackson, has been a home by Ka r en Pi erce FORUM ...... to its tenants. Most of them are Asian-American, male, poor and elder- The article concerning the Day action on the part of the parents who ly. They came to this country under Care Center in the Oct. 6 issue of make up the corporation, those funds racist immigration laws, and have the LCllJ) News did not "correct" any could have been legitimately accepted . been prevented from having their 6wn statements in Peter Cohn's original The school was being assessed approxi- fami1ies--either because they were mately $225 per month per child; how- article. It simply expanded on some unable to bring their families with of the very points he raised. The ever, the state agreed to accept $150 them, or because they were too poor Oct. 6 article actually proves Mr. for the months the Center could not to marry and start a family here. Cohn's case, as I would like to demon- comply with state standards. There- For many of them who are ex-sailors, fore, the low-income families contin- strate by pointing out a few facts. barbers, dishwashers, etc., the The "negotiating" team's original ue paying fees through their account International Hotel is the only commu- goal was to locate a new facility for with the State Department of Educa- nity they have known in the past 20 the Child Care Center and to tell the tion, while Hastings gets assessed years. Administration that if state funding $75 less per child than it actually There is no dispute over the dilap- was lost it would eliminate Third owes. idated and unsafe condition of the World and low-income families from Finally, if the condition of the Hotel. A fire in 1969 seriously the program. The team returned with Day Care facility was the progeni- damaged the premises and killed three what they termed a great contract; tor of a "near death blow", why were tenants. Then-owner Shorenstein they got a new facility for the Cen- we there until the end of October pocketed the $100,000 insurance and ter, in return for certain "minor" when the Madonna was promised to us then allowed the Hotel to disinte- concessions. the last week in August? And, one grate. Fortunately, the tenants or- The first concession was excluding pointed question to Dean Anderson: ganized themselves; with the help of all non-Hastings affiliated families. If the Child Care Center had a jani- the community, they restored the The team agreed to this knowing full tor, why did I have to vacuum the Hotel and made it habitable. Neither well that the Corporation had promis- rugs? City Hall nor the Hotel owners ed one mother in particular that her Finally, if the condition of the lifted a finger to help. Recently child would not be excluded simply Day Care Center facility was the pro- the tenants received a $100,000 grant because she was not a Hastings stu- genitor of a "near death blow", why from a foundation as initial capital dent. were we there until November, when to purchase the Hotel from Four Seas. The second concession was the re- the Madonna was promised to us the If they can purchase the property, structuring of the Board of Directors. last week in August? And, one point- they are counting on using the $50,000 If the writers of the Oct. 6 article, ed question to Dean Anderson: If rent they have been paying the land- which explained the new structure, the Child Care Center had a janitor, lord to renovate the International cannot see that control of the Board why did I have to vacuum the rugs? Hotel. has been turned over to the Adminis- The issue here is not whether a tration, I wonder at their reasoning bunch of slum dwellers should obstruct powers. progress and modernization. More than The third concession, turning down INTERNATIONAL state funding and assessing each anyone else, the tenants want changes family $35 per week, was the only HOTEL made in the International Hotel. The "near death blow" that the Center has question is: what kind of changes, faced since August. Now not only by Kei-on Chan and Robert Krase by whom, and for whose benefit? would low-income families be excluded, Who is going to control the neighbor- ｾｯ､･ｲ｡ｴ･Ｍｩｮ｣ｯｭ･＠ families were also Against the glittering background hoods? The tenants, or (in this getting the door. The "negotiating" of the new Holiday Inn and Chinese case) a distillery owner in Thailand team's defense of this concession was Cultural Center stands the historic who controls Four Seas? that the school's affirmative action International Hotel. The Interna- Linked with the International program was so many words on paper, tional Hotel is currently the hottest Hotel struggle is the currently pro- nothing that the school was committed piece of real estate in the city, be- posed Relocation Ordinance now before to in practice--so they did not see cause this very valuable property is the Board of Supervisors. The ordi- why the Child Care Center should be the center of a struggle between nance would require that, as a condi- the place to institute a true commit- profiteering developers and the tion for demolishing multi-unit hous- ment. Hotel's 200 tenants who are asserting ing, the owner must aid in relocating The contract was approved, al- their fundamental right to shelter. the tenants, similar to what is now though every member of the Child Care The struggle promises to get hotter required in federally-assisted demo- Center staff voted against it, on still: should the current lawsuit lition. While the passage of this Aug. 27, 1975. The very next day, between the two contending forces re- progressive ordinance would amelio- the corporation learned that a dif- sult in a judgment for the capitalist rate the economic plight of the In- ferent contract had been entered in- class, the tenants have vowed to es- ternational Hotel tenants, it will to with the Administration. While calate the struggle to the streets. not preserve the social ties that dis- the first two concessions remained The tenants speak with the resolution persing the tenants throughout the intact, the new contract stated a and confidence that grew out of their city would destroy. For this reason, commitment to retaining state funds. initial victory in 1969. the tenants are resisting Four Seas In reality , the "negotiating" The struggle of the International vigorously. team negotiated the Center out of Hotel tenants began when owner The predicament of the tenants existence. They ' did not want state Walter Shorenstein tried to evict once again exposes the hypocrisy of funding because the families who them and tear down the building in the city's politicians. The city of- could afford it were to be assessed order to develop the site commercial- ficially pays lip service to the $1.25 per hour to match the funds ly in 1969. Shorenstein had the maintenance of the already limited the state was sending. Instead of powerful support of City Hall, but supply of low-rent housing, but when working out some agreement with the vigorous support by the Chinatown corporate ｰｲｯｦｾｴｳ＠ speak, city offi- school to complement their fees and community helped the tenants defeat cials are quick to ignore their own bring them up to the state's assess- the Shorenstein plan. In 1974, the pronouncements. Why has the city, ment (which could have been done with multi-national Four Seas Corporation in spite of the years of publicity the money Hastings owes the Center bought the property and renewed the surrounding the Hotel, failed to lend from the Maserati Raffle), tpey chose plan to demolish the Hotel. Four any kind of helping hand to the ten- to abandon the low-income families. Seas initiated eviction proceedings ants? Why were funds made available However, in abandoning the low-income and obtained a demolition permit in for the development of the Holiday families they lose the ort1y real mon- the spring of 1975. The corporation Inn and not to the adjacent Interna- ey the Center had, State Board of Ed- paid $850,000 for the Hotel, apparent- tional Hotel? One answer is that a ucation funds. ly in anticipation of the millions of new high rise office building would They also recognized that the dollars in profit when the Hotel site extend the perimeters of the finan- school would have to repay state is converted to a high rise office cial district and further "manhattan- funds received for low-income fami- building. City Hall, which has al- ize" the city of San Francisco. lies that did not exist (the Center ways been quick to look out for the Another answer is that the city's was collecting funds for a greater ' interests of the financial district, pronouncements have been made only to number of low income families than it has given Four Seas its blessing and secure federally funded benefits for was serving). With a little positive every conceivable convenience. private developers. (continued on page ｾｾｾｾｾｾｾｾｾＺＺＺＺｾｾｾｾｄｾａｎｾｉＺｅｌｾｾｂｏＺａｾｔｗｒｉｾＺ］ｇＺｈｔｾｾｾｾｾｾｾｋｅｾｾｎｾｍｅａｄｾｅｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠ LOUIS J. PAPAN

by Sid Luscutoff ably heard of Willie Brown and Speak- er of the Assembly Leo T. McCarthy. THE SAGA OF BAY AREA LEGISLATORS ｌ･ｳｾ･ｲ＠ known, but holding considerab- CONTINUES. This will discuss the le ｾｮｦｬｵ･ｮ｣･＠ in the Assembly is San Assemblymen who probably represent Francisco's third assemblyman John most of us here at Hastings. Read Francis Foran. on .... . Because they represent more Hast- MICHAEL WORNUM (OEM.) is a fresh- ｾｮｧｳ＠ students than those noble men man legislator from Marin County. He ｾｵｳ＠ far noted, next issue's column was elected after serving two years ｷｾｬｬ＠ center on their careers in Sac- as chairman of the Marin County Board KEN MEADE CAUSED A MAJOR SCANDAL ramento. in the Legislature when he appeared of Supervisors, and another four as a This extra two weeks will also give for the Floor Session sans coat and member of that board. Speaker McCarthy a little more time tc tie. Since that time in 1970, more A colorful figure, Wornum came to ｲ･ｳｾｯｮ､＠ ｾｯｵｲＭｷ･･ｫＭｯｬ､＠ and more legislators have followed t? a request for the United States 20 years ago after an ｾｮｴ･ｲｶｾ･ｷ＠ ｾｮ＠ this organ's col Ken's suit. (Dear Editor, please in- an unpretentious birth in England. But. after, all, he is the ｳｰ･｡ｫ･ｲｾｾｾ＠ Known affectionately as "Lord Wornum", sert a space here so our readers have time to laugh at that brilliant pun.) ｾ､ｾｳ＠ ･ｮｴｾｴｬ･､＠ to a busy schedule. he is a strong conservationist, ideal, ｹｾｳＬ＠ Leisure suits and racy get-ups now I understand there was a lit- ly suited to represent that coastal tle ｢ｾｴ＠ of flu virus going around, add to the fun and excitement of the county. and sure I can wait until he gets legislative session. . Assemblyman Wornum is a Berkeley back from a much deserved vacation alumnus. He holds a master's degree But seriously now, Meade is a re- and. . . . ' spected legislator with many strong in City Planning. Thus local and re- KATIE McNULTY hasn't said anything points. Not the least of these is gional planning and transportation about sampaigning for George Moscone'c constitutional law. He is an out- are his major interests. His dist- ｳｾｮ｡ｴ･＠ seat if he should vanquish - spoken proponent of individual rights. rict office is at 21 Tamal Vista, ｄｾ｡ｮｮ･＠ (Ooops I I) make th t S'ｾｧｮｯｲ･＠ A 1964 Boalt Hall graduate (they .. , a Corte Madera, 94925. Barbagelata, in the coming run-off sure got a lot of them in Sacramento, YOU CONCORDITES helped re-elect for Alcalde. But rumor has it that don't they?), Meade has been a power- Assemblyman Dan Batwright in 1974. some names you've just read in these ful force in reshaping California's He received the highest number of ｾ･ｷ＠ paragraphs might have the old votes of any Democratic assemblyman. commitment to mass transit programs. ｾｴ｣ｨＮ＠ A 1959 graduate of Boalt Hall, Boat- Some of Meade's more important bills .wright served as a deputy district which became law in the 1973-74 ses- sion include a law regulating fran- attorney in Contra Costa County for chise agreements between service sta- Ｓｾ＠ years before entering private tion dealers and the oil companies practice. (Dealer Rights Bill), and a law reg- Currently, Assemblyman Boatwright ulating free giveaway programs by ser- is chairman of the Revenue and Taxa- vice station dealers. tion Committee. He has introduced Ken represents parts of Oakland legislation aimed at closing loop- and Berkeley, and the cities of Ai- holes in the tax laws, as well as bany and Piedmont, as well as the un- that which would ease homeowners prop- incorporated areas of Moraga, Orinda erty tax. COPE, the political arm of and ｒｨｾ･ｭＮ＠ Lafayette, too. Ken re- the AFL-CIO, and numerous other busi- sides in Berkeley. His office is at ness, labor and community service or- 3923 Grand Ave., Oakland, 94610. ganizations supported Boatwright's It's all called the 12th Assembly candidacy. It is not unexpected, then, that he has been most active in District. NOW WE BRING IN SOME OF THE BIG seeking to create job opportunities ARTILLERY of the Assembly. Louis J. and provide additional financial sup- Papan has distinguished himself as a There is a CoinpLete port for local school systems. leader in the Democratic Party. He Boatwright meets many of his con- was overwhelmingly re-elected in 1974 stituents through the countless civic Line of Study Aids to serve a second term from the 19th and athletic organizations he belongs Assembly District, and as a freshman to. But, if there be ｾｯ＠ track or swim AvaiLabLe from legislator was appointed Speaker ｐｲｾ＠ meet going on, odds are ｹｾｵＧｬｬ＠ find Tempore. His chief legislative int- him in Suite 400, 1035 Detroit Ave., erests have included insurance re- Concord, 94518. forms, improved mass transit, and con- YOU CAN'T PASS HIM OFF LIGHTLY, sumer protection. 'cause John Knox is a heavyweight. Assemblyman Papan is a significant This veteran legislator has served HASTINGS part of the Assembly leadership. He the 11th Assembly District since 1960. brings to the Assembly the finesse The Environmental Quality Act was and tactics of a successful real es- BOOKSTORE authored by Knox, as well as the Tax tate and insurance broker. (This is Assessment Reform Law. Bills author- largely because he's been a real es- ed by Knox also created the Local tate and insurance broker since 1958.) Agency Formation Commission and the And, all of this after graduating District Reorganization Law. from Syracuse University in Economics. It would be nice to say that EverytbIDg for the Law Student! Notwithstanding the responsibility Hastings catapulted John T. Knox to of presiding over the Assembly in the fame and fortune. (Sigh!) But all it absence of the Speaker (that's why did was give him a legal education. it's Speaker Pro Tempore) , Papan Knox's hard work and dedication did serves on the powerful Finance, In- the rest. He has served with distinc- surance and Commerce Committee and tion as Chairman of the Joint Commit- the Ways and Means Committee. Lou tees on Open Space Lands and Bay Area For best results, have your Papan is very easy to speak to; he Regional Organization. BANKAMERICARD application has a concerned ear. So, if you're ever in Serramonte Plaza (Daily City, processed through the bookstore. 94015), drop by his office. It's Forms available Suite 343B. SAN FRANCISCO ITSELF keeps three at the checkout counter. Assemblymen busy. You've all prob- 11 ｾ＠ ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠ .. ｾｾｾｾＮ＠ STONE AGE MESSAGE us. There are important lessons to ous that we cannot come close to be learned from these simple people duplicating the idyllic anarchy of (continued f l'om page 5 ) and their way of life. Nance brings the TasadaYi no one need fear that "big bird" (helicopter), they qUl.CJ<.- this point home by quoting anthro- the legal profession will become ly accepted the outsiders, and sub- pologist Marshall Sahlins: obsolete. But it is equally obvious sequently embraced them when they "In selective adaptation to the that we can learn much from the Ta- arrived and wept when they departed. perils of the Stone Age, human so- saday. The Tasaday also exhibit strong ciety overcame or subordinated such The most important lesson they feelings for animal and plant life. primate propensities as selfishness, offer is that the human race is cap- They refer to animals as their fri- indiscriminate sexuality, dominance able of emphasizing cooperation over ends, and wept at the death of a and brute competition. It substitu- competition and affection over ag- pet dog. They became profoundly up- ted kinship and cooperation for con- gression. This is what we must set when they slaughtered a pig Eli- flict, placed solidarity over sex, strive to do. No longer can mankind zalde had given them and discovered morality over might. In its earliest afford the luxury of a narrow prag- eight unborn piglets inside. Their days it accomplished the greatest re- matism that rejects such notions dS feelings for their natural environ- form in history, the overthrow of merely romantic. We have reached a ment were demonstrated by the one human primate nature, and thereby point in human history when idealism and realism begin to merge, when the major admonition they made of their secured the evolutionary future of preservation of the species may de- visitors: "Do not cut the vines in the species." mand nothing less than a quasi-uto- front of the cave. They are beauti- In the nuclear age, that future pian world order. Our survival may ful and we love them." is seriously threatened by war, pol- soon depend upon our ability to fol- Such peaceful people face obvious lution, and scarcity of food and dangers from the outside, and it is natural resources. In our competi- low the counsel of one Tasaday to "call all men one man, and all women easy to picture the Tasaday going tive, profit-oriented society, we one woman." the way of the Native American. have actually retreated from the Thus, much of Nance's book is devo- social values that enabled man to ted to Elizalde's efforts to protect survive the perils of the Stone Age. INTERNATIONAL HOTEL the Tasaday from the encroachment of If we are to survive the perils of (continued fl'om page LOY logging companies and other hostile our own age, we must develop similar The pending demolition of the In- interests. The Tasaday must be al- values. ternational Hotel is not an isolated lowed to survive, not only for their In our industrialized, diversifiec case. Residents of many other neigh- own sake, but for the sake of all of and heterogeneous world it is obvi- borhoods are fighting the encroach- ments of profiteers, city politicians, and insensitive Washington bureau- crats. The International Hotel is one cutting edge of the city-wide movement seeking the security of College Contracts Challenged shelter and the integrity of neigh- borhoods. This movement will con- (continued fl'om page l) tinue to defend the urban poor's sertation on political theory," said Hardly an issue a few years agu, right to decent, low cost housing. Schaller. the recent outbreak of college cata- Meanwhile, the International Ho- For the school's part, according tc logue contract cases is due to "an tel tenants are living in the shadow a university spokesperson, "Schaller increase in consumer-orientation," of eviction. A trial is expected in was given every opportunity but has according to William Van Alstyne, a December. Four Seas, which expects failed to perform." law professor at Duke University, in to reap millions of dollars in profit In another contract case, several North Carolina, and an expert in con- if its demolition scheme goes through, students enrolled in New York's tract law. is pouring thousands of dollars into Queensborough Community College's "Decisive gains have been made in the litigation. The tenants are so- nursing program were told in the fall commercial consumerism and interest liciting community support for their of 1973 that they were ineligible for has spilled over to the college cam- cause. They know from experience that their final nursing course because pus," said Alstyne. "Contract law the only way they can win is through they had failed to attain a C-minus applies when colleges don't furnish political mobilization. Also, the average--a stipulation not mentioned what they promise." assistance of law students and law- in the school's catalogue. The issue of whether the contents yers is needed for research, investi- The students lost their case in of a school's catalogue have the gation, publicity, and community or- the courts, and decided to repeat one force of a legal contract promises to ganization. Pressure will have to be of the nursing classes to bring up be a difficult one. According to the applied on the Board of Supervisors their grade average. Their claim for Harvard Educational Review, "the to pass the proposed Relocation Ordi- damages is still pending. right to sue for economic (rather nance. The tenants are counting on In another part of New York, a than physical) injuries resulting the students, who as a class need low graduate student at Syracuse Univer- from negligence on the part of school cost housing as much as anybody, to sity has sued for breach of the col- personnel is both without precedent join them in the struggle. For those lege catalogue. Asking for damages in the common law and without expli- interested in more information, of nearly $4000 for back tuition, cit mandate in legislation." please contact: Robert Krase, Thomas White has argued that the post- "It will prove an interesting bat- Hastings Locker #1520 (across from graduate philosophy department offer- tIe," concluded Alstyne. typing room). ed courses that duplicated those in other departments and that "non- philosophy specialists" were teaching philosophy courses that differed drastically from the catalogue de- scription sent to prospective grad students. . According to White, the signifi- cance of his case is the "future of academic freedom." The University responded to his charges by slapping him with a $10,000 countersuit. Last spring, a George Washington University student in Washington DC dropped out of a program she felt was "pure junk." Although the program was designed to prepare gra.dutes for positions as landscape architects' assistants, "all we did learn was how to trace somebody else's blueprints," complained Veronika Nicolas. "The charges are ridiculous," countered Margaret E. James, coordin- ator of the program. "No one else has complained." In an attempt to recoup her lost tuition, Nicolas is suing the uni- versitv for $900.