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12-1-1960 Sui Juris, volume 05, number 03 Boston College Law School. Student Bar Association

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Recommended Citation Boston College Law School. Student Bar Association, "Sui Juris, volume 05, number 03" (1960). Sui Juris. Book 14. http://lawdigitalcommons.bc.edu/suijuris/14

This Article is brought to you for free and open access by the Law School Archive at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Sui Juris by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Vol. 5, No.3 BOSTON COLLEGE LAW SCHOOL December 1960 SBA AUTHORIZES BUDGET, SENIOR ELECTED MEMBER DEBATES FORUM PROBLEMS OF STATE LEGISLATURE When the state Legislature convenes this January one of its newest members will On Monday evening, October 17, financing of the Forum, no money be among the few men in its long history to hold a seat in the House of Repre­ 1960, the first meeting of the Student would be forthcoming from SBA funds. sentatives while still a full-time law student. This is not the only record set by Bill Bar Association was held in the Rob­ Further discussion of this subject was Bulger, senior at the Law School and newly elected Representative from the Seventh erts Lounge. President Bob Popeo postponed until the next meeting at Suffolk District. At the age of twenty-six, he is also the first from this district in opened the meeting by welcoming the which Father Drinan was to present the at least thirty years to be elected to the House on his initial attempt. new members and encouraging all administration's views on the Forum. After a campaign reminiscent of the class representatives to keep the student The Dean was present at the N 0- days of Curley, with street-corner ral­ body advised of all SBA action and vember 7 meeting of the SBA, and as lies, torchlight parades and all the spec­ activities. planned, the Forum was the major con­ cern of this, the second meeting of the tacle for which South Boston is noted, The progress of the Law Review was Bulger, from "Southie's" O'Callaghan then discussed by Ken Joyce. Intro­ year. Rene Pinault began the discussion Way, better than doubled the vote of ductory remarks were also made by his' nearest opponent in the Democratic by stating that in his view the prime Jerry Mahoney on SUI JURIS, Rene Primary. Of the sixteen in the field, purpose of the Forum is to enhance the Pinault on the Law Forum, Bob Gal­ several were seasoned politicians who prestige of the school and thereby aid vin on the Moot Court Program and had run for this seat a number of times Aaron Bikofsky on the Social Program. its graduates. In keeping with this pur­ pose, he proposed to invite such na­ in the past. In this famed bastion of The major business of the evening, Boston Democratic politics winning the tionally known figures as Melvin Belli, the budget for the year 1960-1961, was Primary is tantamount to election and, then presented for discussion. After Harry Truman and Ed Bennett Wil­ when opposed by a Republican in N 0- liams to speak here at the evening prolonged and sometimes heated de­ vember, Bill won handily. Forum and to publicize these appear­ bate, the amounts authorized by the As a top student in the third year, Board of Student Governors appear at ances to a much greater extent than has been done in prior years. A real obsta­ Bulger is Legislation Editor of the Law the end of this article. Review and the Annual Survey of A motion was made, seconded and cle to such a ' program is presented by the limited budget. Many of the sug­ k[assachusetts Law and was a quarter­ carried that the SBA be authorized to finalist in last year's Moot Court Com­ gested speakers set a figure of $500 per expend the money as indicated by the petition. Prior to entering the Law budget with the understanding, how­ speech, and while admission might be charged to the general public, it is School, Bill attended Boston College, ever, that the SBA reserves the right to where he received his A.B. degree in doubtful that receipts would adequate­ increase or decrease appropriations sub­ 1958, having previously served two ly cover the necessary expenditures. REP. WILLIAM M. BULGER ject to the payment of all outstanding years in the service. He married a For this reason and because the pres­ amounts existing at the time such right South Boston girl last summer and tion in the affairs of government will tige of the school would be enhanced is exercised. proudly announced recently that he ex­ by a worthwhile Forum Program, Rene be time-consuming, Bill feels that the Most of the discussion relating to the pects to be a father this spring. law is of paramount importance and urged that the administration participate budget centered on the appropriation Bill has been actively engaged in plans to build up an active practice. At in financing a vigorous and progressive for the Law Forum. It was mentioned this moment such plans do not seem evening Forum. politics for some time, and in the past that there is a general feeling of dis­ he has taken part in campaigns for other to be out of place since he is the only Father Drinan agreed that added satisfaction regarding this program and successful candidates for the very seat one of four South Boston members of school prestige should be a principal that it would perhaps be better to drop he now holds for himself. Although he the House and Senate with formal legal motive behind the evening Forums and it entirely than to have it continue in realizes that his more active participa- training. a mediocre fashion. The amount of also stressed the importance of the pub­ money necessary to raise the Forum to lic education to be served. a desirable level far exceeds the sum After discussing some of the prob­ available from SBA appropriations, and lems encountered in prior years and Professor Collins to l'each for this reason, a majority indicated suggesting practical safeguards to be that unless the school administration in­ set up, Father Drinan agreed to assist dicated a willingness to assist in the (Continued on Page Five) Semester at Villanova Professor J. Edward Collins has accepted an invitation from Villanova DEADY NAMED CIRCULA TION Law School to be a visiting professor at that institution and will leave Boston College at the end of January. He anticipates returning to Boston DIRECTOR OF LA W REVIEW next fall, however, having accepted the invitation for the Spring Term only. While at Villanova Mr. Collins expects to undertake a full teaching schedule The Boston College Commercial and Deady, will not be so strictly confined of Contracts, Sales and Creditor's Rights for the semester. Industrial Law Review recently an­ as the title of the Review might in­ Prof. Collins received his LL.B. from nounced the appointment of John B. dicate, for almost all of the problems B. C. Law School and was awarded his other members of the faculty will be Deady to the position of Circulation dealt with in the articles and student LL.M. by Cornell University. Prior to in Philadelphia at that time for the Director. This is a newly-created post case-notes concern problems which are joining the faculty in 1957, he taught annual meeting of the Association of on the Board of Student Editors and of constant interest to the lawyer with Business Law at Honolulu University American Law Schools. He noted that Mr. Deady's main concern will be an a general practice. and served also as president of the Villanova, which is a relatively new attempt to increase the circulation of Mr. Deady, a top-ranking student in Hawaii Bar Association. Shortly after law school, having first opened its doors the Review. The main effort in this re­ his third year at the Law School, is also he arrived at the Law School the Law in 1957, has initiated several far-sighted gard is directed towards securing such on the staff of the Annual Survey of Review was established, and Mr. Col­ programs, one of which is an attempt a national reputation that it will attract 1VI assachusetts Law, published by the lins, because of his background in Con­ to provide all its law clubs with their contributions from the best writers in Law School, and was active in the Law tracts and Commercial Law, was chosen own offices and library facilities, similar the field. School Forum before his recent ap­ Faculty Advisor to the Review. Since to the program which has been devel­ his appointment to this post he has The initial point of departure for this pointment. He is a cum laude graduate oped at Harvard Law School. devoted much time and effort in an program will be a direct appeal to the of Boston College where he also earned Professor Willier, who has recently alumni. But this will be only the first attempt to aid the student editors in joined the faculty and is presently the a Gold Medal in his major field of step. Another approach to this program the preparation of their first few issues. Assistant Faculty Advisor to the Law for increased circulation will be directed Finance. Upon graduation from college Mr. Collins has made only an in­ Review, will substitute for Mr. Collins towards members of the practicing bar in 1958 he was selected for membership formal visit to Villanova, but he ex­ on the Review and take over the Con­ and the judiciary throughout the coun­ in Beta Gamma Sigma, the national pects to spend some time there during tracts and Creditor's Rights courses try. Their appeal, according to John business honor fraternity. the Christmas recess. He and several next semes ter. Page 2 Sui Juris POLITICS AND THE LAW CENSORSHIP - With the realization that, in the hands of some particular people, the sword may actually be found mightier than this pen, we note the recent CAN LOCAL DO-GOODERS DEFY pUblicity accorded the editorial which appeared in this space last month. We were prevailed upon by some to comment at length on the situation, RECENT SUPREME COURT RULES? and for reasons more fully developed below, we decided to add several further thoughts to the already voluminous literature on the subject of law STANLEY A. GLICKMAN and politics. First and foremost among these considerations is the Editor's The Supreme Court of the United States is about to hear a case dealing with the desire to refrain from engaging in anything resembling a political broad­ City of Chicago's ordinance requiring exhibition of every motion picture to the side. With the full realization that one cannot speak on this most contro­ City Censor before its first public exhibition there. The Supreme Court of Ohio versial subject completely in the abstract, we must still insist that we intend has ordered all copies of a certain book seized because that book is obscene. The no participation in the brand of political diatribe occasionally undertaken French Government has recently refused export visas to several French films be­ by other more professional publications. Nor are we engaged in a crusade cause they do not depict the morals or government of France in a manner of which or personal attack on anyone politician. Yet, when the actions of certain the French officials approve. The Italian government has been busy cutting scenes politicians or public officials begin to affect certain areas of the law or im­ depicting "too much" violence from motion pictures, domestic and foreign. The pinge upon the role of the lawyer in government service, we feel that we have City of Boston Censor is always busy cutting all the "cuss" words from any not only the right, but an obligation to speak out. Tennessee Williams play that dares to move into the city. Censorship is by no While it seems true that one cannot divorce the law from the functions of means dead; but it has, in this country at least, become a much refined art in the government, nor the lawyer from his necessary position in the public service, past few decades and new methods of dealing with it are constantly being sought. when speaking of the lawyer in government one should not be burdened with political overtones. Unfortunately, there is often a tinge of "politics," in the Officious Officials very worst sense of the word, associated with the attorney who happens to The major objection to censorship is not to the tests applied when a case reaches be in any way associated with our local politics. The blame for this situation a court, but rather to the cases where a local official can stamp his own code of should be apportioned between a highly skeptical and justifiably suspicious morality onto a piece of literature or art and say that it is not fit for public ex­ public, on the one hand, and the so-called "politician-lawyer" on the other. hibition. The latest activity on the part of the European censors has dealt mainly The fact remains that for every lawyer who actively participates in politics, with an attempt to suppress ideas that the government does not favor. This is the no more than a few act out of questionable motives. These few, however, danger of censorship. It is a question of how far will the censors be allowed to go tend to prove the old adage about the one rotten apple. Generally, the in suppressing ideas rather than how far can the artist go and still remain in good lawyer adds or is in a position to add great prestige to the workings of state taste, that is the principal issue today. If something is wholly obscene and appeals and local politics. Indeed, it has been suggested that the state legislature be only to "prurient interests" and has no other reason for existence, no one is saying composed entirely of lawyers. Though slightly impractical, this would seem that it should be allowed to circulate freely. But lines must be drawn. No one is to be a step in the right direction. questioning the laws but only their execution. Who are these men and and women that are determining what should and what should not be seen in the communities Most lawyers who are appointed to judicial or quasi-judicial positions in of this country? What are the qualifications of these people? Who put them into our government do an admirable job. They are overshadowed, however, by this quasi-judicial position? Too often the personal peccadilloes of one or two those few who seek political favor for age-old reasons and abuse their position persons are allowed to be the deciding factor. as members of the bar. The ultimate question, however, is why they receive these appointments in the first place. Officials of our state government have What Is Obscenity? an obligation to appoint to judicial and legal positions men who are not only eminently qualified through extensive legal experience, but men who seek such "Obscenity" is the grounds upon which a piece of work can constitutionally be a post, especially in the administrative end of government, not for their own censored. The obscenity test is as follows: whether to the average person, applying political ends, but because of more professional desires to administer the law the contemporary community standards, the dominant theme of the material taken fairly and efficiently. The attorney who seeks this office merely as a stepping as a whole appeals to prurient interest. Those who are called upon to defend their stone to higher political ambition is engaged in a conflict with the very princi­ work as not being obscene, generally state that this test is too broad, uncertain ples of law he has sworn to uphold. and indefinite and therefore violates the constitutional requirements of due process. But the Supreme Court has held that this test is definite enough to be constitutional. Even if we admit the necessity, in some instances, of a certain degree of It is local :ensorship, r,owever, thai excites the wrath of the general pubhc. One political patronage, there are certain limits which must be imposed. Each of the most celebrated, but not court-bound, instances of local censorship was last time a position on the bench becomes vacant, whenever a legal office within year's banning of the multi-award film , Room at the Top, by the lady censors of the well-greased machinery of state government falls open, the usual political the city of Atlanta, Georgia. No one in Atlanta, except the film's exhibitor, com­ guessing-game begins. When the rumors are echoed with authority by the plained at first for the film was relatively unknown. However, when Simone Signoret boys "in the know," it seems that of all the qualifications attributed to the won an Academy Award for her performance in the film, a furor was created. But various candidates for the appointment, legal experience and ability become the citizens of that city merely got into their automobiles and drove across the city side-tracked. The most recent guessing-game is the most appalling example limits to see the film in the surrounding cities where it had long and very profitable of this situation in quite some time. The latest rumor concerning Sen. Ken­ runs. Moreover, there has not been a single instance where the banning of any of nedy's Senate seat has given rise to a major power-struggle within the the nudist camp movies has been upheld in a court. While none of the judges or Massachusetts Legislature. When it was thought that the office of Attorney juries viewing them felt that they were to be recommended, they agreed that the General would be vacated and that the House and Senate would be called films were not obscene and therefore could be shown. Here is the basic contradic­ upon to name a successor, the leading "politician-lawyers" on the Hill began tion. In almost all of the cases that have gone to court, the local censors have been to work. The pressures being brought to bear on the members of that august overruled, mainly because the work in question was not "obscene" within the body are reported to have reached such a frenzied stage that dinners, luncheons meaning of. that term as expounded by the Supreme Court. and phone campaigns, all reminiscent of the recent state-wide blitz were (Continued on Page Five) brought back from what should have been a timely grave. It seems obvious that the successor, if indeed there is to be one, will, if certain people have their way, be selected for any number of reasons, none of which will concern LETTER TO THE EDITOR his ability as a lawyer. But this is the role of the "politician-lawyer," and it appears, to the detriment of those lawyers who are dedicated to public service, To THE EDITOR: that he will be with us for some time. Lumumba was and still is the only of Dr. Howard he wasn't worth going popular choice of the Congolese people I to hear. This attitude has been reflected He is the only Congolese leader whose to a lesser extent in the Thursday morn­ support is not singularly sectional I His ing program. Yet, the latest speaker, desire for a unified country under a Mr. Paul Sargent, a Boston attorney, strong central government is the only was given a long and enthusiastic ap­ economically and politically workable plause by those in attendance for his plan for the Congo I His request for informative and extremely humorous Sui Juris Russian aid came only after he re­ talk on the practicalities of a will and quested aid from the U. S. and the estate planning practice. U. N. and was refused I Lumumba rep­ Published by the Student Bar Association of Boston College Law School, The Forum will endeavor to continue resents the direction in which all Africa to bring such speakers as Mr. Sargent Boston, Massachusetts is moving-toward a united African and Senator Powers to the Thursday Nationalism I The U. S. should support morning program. It is actively at­ JEREMIAH F. MAHONEY Lumumba and African Nationalism and tempting to comply with the "mandate" Editor-in-C hie! not give Russia the opportunity of be­ of the students to bring nationally coming the "friend" of the side that known figures to the evening program. STANLEY A. GLICKMAN WILLIAM WHITE will win I Melvin M. Belli, the "King of Torts," Associate Editor Business Manager Such controversial bombshells were has replied that he would like to speak dynamically exploded by Dr. Lawrence at one of our forums in the spring. REV. JOHN A. TOBIN, S,J. C. Howard, recently returned from an Numerous other invitations to such Faculty Moderator extensive trip to the Congo and other persons as Senator Goldwater and Gov­ African Nations at the Forum's first ernor Ribicoff are outstanding. STAFF: John Arenstam, Elliot Aronson, Richard Cleary, Paul Covell, James Drummey, evening presentation. Yet only a few were fortunate enough to have heard Richard Hanusz, Richard Hynes, Daniel J ohnedis, Rosemary LaVuolo, Richard RENE J. PINAULT, Jr. LeClair, James McCarthy, John Murphy, Walter Murphy, Arthur Podolsky, Alvin him. Why? Because the law students Ramler, Lewis Rosenberg, John Sullivan, John Walkey. assumed that because they never heard President, The Law Forum Sui Juris Page 3 Alumni News ... DANIEL T. COUGHLIN Congratulations are in .order to William J. Dooley, '52, who, as Chairman of the Alumni Association Career Counselling Seminar Program, has arranged for a series of panel discussions to be held at the Law School during the course of the present academic year. The purpose of these discussions is to present prominent attorneys from particular fields of the law to discuss their respective areas of practice, career opportunities available therein and other important aspeCts related to their fields . The first seminar concerned the field of Criminal Law and had for its panel­ AMONG THE ALUMNI ists United States Attorney Elliott Richardson, John P. S. Burke, District Capt. A. J. DeVico, U.S.N., '40- Attorney for Essex County, Paul T. Smith and Monroe Inker, prominent recently appointed Director, Admin­ istrative Law Division, Office of the Boston attorneys. Future seminars will discuss such Judge Advocate General, Pentagon, fields as Corporation Law, Labor Law Room 4D839, Washington 25, D.C. and Taxation. Members of the Alumni Association who may be interested in William C. Madden, '39 - attending these seminars are requested ran for Congress on the Democratic to contact Daniel T . Coughlin at the ticket, but was defeated by Brad Law School. Morse for the seat in Washington vacated by the death of Mrs. Edith HON. ANDREW A. CAFFREY, '48, being sworn in as Judge of the United States ALUMNUS ELECTED TO Nourse Rogers. District Court, First District, by Chief Judge George C. Sweeney. HIGH STATE OFFICE Congratulations and best wishes are Silvio Conte, '49 - extended by the Alumni Association to has been re-elected to the United Judge Caffrey is First BCLaw Kevin H. White, '55, upon his election States House of Representatives. to the Office of Secretary of State, Commonwealth of Massachusetts. He Joseph J. Mulhern, Jr., '49 - Alumnus On Federal Court achieved this distinguished position in ran on the Democratic ticket against J. F. MAHONEY his first attempt to gain elective office. the incumbent Laurence Curtis. Secretary-elect White received his On October 17, Hon. Andrew A. Caffrey, of the class of 1948, became the first A.B. degree from Williams College in Richard M. Cosgrove, '50- graduate of Boston College Law School to receive an appointment to the Federal 1952 and his LL.B. from Boston Col­ bench. But what is perhaps more unique is the fact that Judge Caffrey had only lege Law School in 1955. recently elected to the Hartford City recently celebrated his fortieth birthday when he was given the recess appointment Prior to his election, Mr. White was Council for a two year term. He is to the District Court by President Eisenhower. a partner in the law office of Cameron associated with Dowling & Cosgrove, To those who have known him since and White, Boston, Massachusetts. 410 Asylum Street, Hartford, Con­ the beginning of his legal studies, how­ cum laude from the Law Sch.ool in Jan­ necticut. ever, Judge Caffrey's youth is no sur­ uary of 1948, his boundless energy had ANNUAL GIVING PROGRAM prise. He had only been enrolled in the become apparent and his ability un­ The third Annual Giving ,Program for Thomas H. Corrigan, '52 - Law School for a matter of months questioned. the Law School will commence January serving his third term as a member when the war broke out, but he inter­ Judge Caffrey never was a man to 1, 1961 and conclude on July 1, 1961. of the Hartford City Council. His rupted his legal studies to enlist in the waste time, however, and two days after General chairman for this year's pro­ office address is 721 Main Street, army and served a distinguished four­ graduation he entered Harvard Law gram is the Honorable Robert T . Cape­ Hartford, Connecticut. year period as an officer in the Signal School to begin work for his LL.M. less, '41, Commissioner of Corporations Intelligence Corps. Again, he paid little heed to the in­ and Taxation, Commonwealth of Massa­ John A. Sarjeant, '54 - By the time he returned to school in tense Boston heat and studied through chusetts. who is associated with the law firm 1946 to complete his studies, in a highly the summer to complete the require­ The merit of a fund-raising program of Connolly, Bove & Lodge, Wilming­ accelerated program during which he at­ ments for his degree in September of has always been recognized; yet, with ton 99, Delaware, has passed the tended summer sessions, to graduate that same year. increased costs of operation as well as Delaware Bar. Indulging himself slightly, after such necessary expansion and development, a prolonged period of study, he allowed such a program has increased value to­ William P. Doyle, '57 - Richard L. Curley, '59 - himself a weekend of rest before under­ day. Almost all academic institutions in taking a teaching position at B.C. Law member of Massachusetts and Flor­ the United States conduct fund-raising John P. Davey, '55 - School, and for seven years taught Con­ ida Bar Associations announces the programs and, through it, look to their ran on the Democratic ticket for the flicts , Bills and Notes, Sales, Corpora­ association of WILLIAM M. POTTS, responsible alumni for support. We, House of Representatives in their in­ tions and Domestic Relations while the '57, member of the Massachusetts, also, must do the same. dividual areas. Law School was still located in down­ Washington, D.C. and Florida Bar It is hoped that the Alumni will real­ town Boston. Associations, for the general practice ize the value of this program and will Beryl W. Cohen, '59- With his appointment as Chief of the of law at 2325 Atlantic Boulevard, be generous in their response to this recently elected to the House of Rep­ Civil Division of the U.S. Attorney's Pompano Beach, Florida. worthwhile cause. resentatives. office in Boston, Judge Caffrey resigned from the faculty of B.C. This new James H. Kelley, '57 - LAW REVIEW Henry J. Hehir, Jr., '59 - assignment involved a considerable has become associated with the firm amount of trial work, although his po­ The third edition of the Industrial recently appointed Claims Examiner, and Commercial Law Review is to be of Bergson & Borkland, World Center sition was to a large extent supervisory Building, Washington 6, D.C. Department of Health, Education and in nature, with twelve to fourteen law­ published this month. Welfare, Social Security Administra­ The Review is devoted to analysis of yers under him in the Civil Division. Garrett H. Spillane, Jr., '58- tion, Payment Center, 420 Fallsway, While Chief of the Civil Division, legal problems in the field of corpora­ Baltimore 2, Maryland. tions and unincorporated business asso­ was elected to the House of Repre­ and after his appointment, in 1959, to First Assistant U.S. Attorney, Judge ciations and taxation, regulated control sentatives for the Foxboro district. Alfred E. Bollengier, '60- of business organizations and of the He is married to the former FRAN­ Caffrey tried and argued many tax cases manufacture, processing, and distribu­ CES COHESSY, '58. Dominic F. Cresto, '60- for the government. These were mostly tion of merchandise. The Review also Frederick A. Lawrence, '60 - civil actions; "interesting," he notes, discusses additional legal problems that (Continued on Page Four) Lawrence A. Ruttman, '58- all have passed the Rhode Island Bar. may be of interest to executives and is an attorney at law at 233 Harvard their legal advisors engaged in business, Street, Brookline 46, Massachusetts. industry and labor. Brian T. Callahan, Jr., '60- Hobbs & Warren, Inc. The value of the Law Review has John J. Bilafer, '59 - presently law clerk to Chief Justice 34 HAWLEY STREET been proved through the two editions Raymond S. Wilkins, Supreme Ju­ BOSTON which were published last year, its first has announced the opening of an of­ dicial Court, Commonwealth of year of existence. The Review serves as fice for the general practice .of law Massachusetts, has accepted a posi­ Publishers of an important part of your law library. under the firm name of Bilafer and tion with the law firm of Hutchins STANDARD LEGAL FORMS Published in the fall and spring, the Feeley, 661 Massachusetts Avenue, and Wheeler, Boston. Headquarters for Arlington, Massachusetts. subscription price is $4.00 per year, UNIFORM with a single issue being $2.50. Elwynn J. Miller, '60 - Peter B. Higgins, '59- COMMERCIAL CODE Alumni interested in obtaining a sub­ announces his entry into the practice FORMS scription to the Industrial and Com­ is now living at 2615 N.E. Weidler of law at 10 High Street, Medford, LI 2-7947 LI 2-7948 \ Continued on Page Four) Street, Portland, Oregon. Massachusetts. Page 4 Sui Juris JUDGE CAFFREY Africa n Expert At FORUM SPEAKERS ALUMNI NEWS (Continued fj'om Page Three) (Continued from Page Three) The Thursday morning speaker's pro­ "but not of the spectacular variety." First Night Forum gram continued on October 27 with mercial Law Review should contact Pro­ On the criminal side, while he was First Edward J. Duggan as the featured fessor William F. Willier at the Law Assistant, he handled the prosecution On Friday evening, November 18, speaker. Mr. Duggan has played a lead­ School. of the Brody, Paperman and Goldfine Dr. Lawrence C. Howard, professor of ing role in the Voluntary Defender's * * * * contempt cases for the government. Political Science at Brandeis University, program in Massachusetts. He em­ addressed the Evening Law Forum on ALUMNUS APPOINTED TO Although his new position takes up phasized the moral and legal obligation SUPERIOR COURT "The Congo and African Nationalism." that members of the profession have in too much of his time to allow many out­ Daniel J. O'Connell, Jr., '42, was re­ side activities, and he is often com­ Professor Howard emphasized the seeing that any person accused of crime fact that the Congo crisis is merely is afforded substantial justice. Mr. Dug­ cently appointed by Governor Foster pelled to keep the lights in his Federal Furcolo to the Superior Court, Com­ Building office burning well past the representative of the constant move­ gan also spoke of the opportunity third ment towards African nationalism. year students have of gaining experience monwealth of Massachusetts. This sig­ dinner hour, Judge Caffrey still main­ nificant honor was bestowed upon a man tains an active interest in the Law On the question of Russian interven­ in the district courts under recently tion and Lumumba's alleged sympathy enacted legislation and rules of court. who has distinguished himself in his School and the activities of its alumni profession. The Alumni Association is association. "The Law School," he ob­ with communism, he observed that the On November 3 Doctor Charles A. African leader turned to Russia only Levinson spoke on the medico-legal as­ pleased to extend its congratulations to serves, "is making real progress. It is a him. real asset to the legal community after having his pleas for aid rejected pects of advocacy and certain ethical Judge O'Connell received his Bach­ through its public service seminars on by America and the U. N. If Lumum­ considerations which run in the rela­ elor of Arts degree from Holy Cross in legal and quasi-legal topics." ba, according to Prof. Howard, was to tionship between doctor and lawyer. further his aim of nationalism, he had An interesting and provocative question 1939 and his LL.B. from Boston Col­ been placed in a position where he was and answer period followed. lege Law School in 1942. He served as forced to accept aid from anybody. Criminal Law provided the topic for a lieutenant in the Navy during World War II. He served as an Assistant Sec­ In describing the factors behind the the talk on the following Thursday COicta retary to Governor Paul Dever and recent uprising, the speaker attributed morning. On that day Thomas Dwyer, It seems suspicious that the most ener­ served in the same capacity under Gov­ much of the blame to the policy of a member of the Boston bar, and a getic part of the Trial Practice course ernor Foster Furcolo. In college he was Belgian colonialism in depriving the prominent criminal lawyer, addressed consists in learning how to rehearse president of his class, editor-in-chief of Congolese of adequate political train­ the student body on various aspects of witnesses. the college newspaper and was class ing. When suddenly given their inde­ criminal practice. A substantial portion Valedictorian. * * * * * pendence, their leaders had no idea of his talk was devoted to the practical Someone was saying the other day that how to cope with it. problems which face the lawyer prac­ when he was about to come to law ticing on the criminal side of the bar. SUPREME COURT school he was told to "have heart" ... In describing the unique aspect of such CEREMONY but he didn't think this meant he had a practice, Mr. Dwyer illustrated his The Alumni Association has arranged to learn the game. Anyone got a deck MONTGOMERY SPEAKS TO lively' and immensely interesting dis­ to conduct a group Swearing-In Cere­ of cards? cussion with actual cases in which he mony before the United States Su­ FORUM ON SACCO CASE has been involved during his career. * * * * * preme Court on February 28 , 1961. The The Sacco-Vanzetti case has become In addition to Mr. Robert Mont­ American Bar Association, the Massa­ Has anyone noticed the increased at­ gomery, whose lecture is described in tendance of the law wives at the tradi­ the subject of much comment in the chusetts Trial Lawyers Association, cafeteria and hallways since the morn­ another section of this page, the Forum many law school alumni associations and tionally male smokers? Has anyone was privileged to have as its guest, on missed them??? ing of November 17 . On that date the other groups have participated in such distinguished attorney and author, December 1, Paul Sargent, Esq., a Bos­ a group Swearing-In Ceremony. It is * * * * * Robert Montgomery, Esq., spoke to the ton attorney who has specialized in anticipated that the response to this Having been misled by an item m the student body under the auspices of the trust and estate work during his dis­ ceremony will be enthusiastic. last issue, one of the more recent ar­ Thursday Morning Forum. His topic tinguished career. He outlined the gen­ Should a sufficient number of the rivals among the faculty seems con­ was "Sacco-Vanzetti-The Murder and eral characteristics of such a specialized Alumni decide to participate, group ar­ vinced that if he searches the library the Myth," which is also the title of practice and explained in detail, to rangements will be made through a thoroughly enough he just might find a the book recently published by Mr. those assembled at this last morning travel agency for the trip to Washing­ senior or two. Abzurd! Montgomery. program of the semester, the intricacies ton. Upon conclusion of the Swearing­ of a successful probate practice. The speaker delved into the facts of In Ceremony, a luncheon will be held at the famed trial in some detail and most a Washington hotel. vigorously defended his thesis that, in Yale Defeats B.C. in The only qualification for admission Used Law Books the words of Sacco's defense attorney, Moot Court Regionals to practice before the United States Case Digests "They have had every consideration . . . Supreme Court is that the petitioner had The Moot Court Regional Competi­ Law Outlines the fullest rights to our Massachusetts been admitted to practice before the Commonwealth laws." tions were held this year at the County highest court of his state for at least Courthouse in Hartford, Connecticut, Mr. Montgomery pointed out that three years. HARVARD on November 17-18. Yale, Suffolk, B.U., much of the unfavorable publicity It is recommended that those who in­ B.C. and Connecticut Law Schools par­ which this state has received as a re­ tend to participate in this event notify BOOK STORE ticipated, with Ken Joyce, Bob Galvin sult of the trial was the work of com­ the Law School before January 10, 1961, and Peter Van representing B.C. Yale, 1248 MASS. AVENUE munist-sponsored agitation which was and check the requirements of their par­ the eventual winner of the final round and still is directed at a breakdown of ticular jurisdiction relative to obtaining CAM SRI DGE MASS. defeated B.C. in the semi-finals afte; public confidence in the integrity of the a certificate of good standing from the (near Harvard Square) previously defeating B.U., and now goes American system of criminal justice. highest court of their state. As a requi­ on to the National Finals in New York site to being admitted to practice be­ early in December, to argue against fore the United States Supreme Court, winners from other Regional Competi­ one must have such certificate of good tions throughout the country. standing to be included with the peti­ tion for admission. In Massachusetts, YOU S A V E ••• CORRECTION the certificate from the Office of the With no malice towards Robert F. Clerk of the~ Supreme Judicial Court McGrath, his name was omitted from will not be issued until a certificate of the story on the Law Review staff in good standing is obtained from the when you buy and sell our last issue, and his position inad­ Grievance Committee of the Bar Asso­ vertently attributed to Dennis L. Ditel­ ciation for the county in which one berg. Mr. McGrath is Article and Book practices. Review Editor while Mr. Ditelberg is USED TEXTBOOKS actually Index Editor of the Review. IN MEMORIAM, it is with at sincere and deep regret that the Alumni Association records VARSITY GRilL the passing of WILLAM E. GORMAN, '46, 55 Farragut (opp . Law School Library) Road, South Boston, Massa­ BARNES & NOBLE BREAKFAST • LUNCH chusetts, on Thursday, No­ vember 5, 1960. DINNER A contribution to the Alum­ 28 BOYLSTON STREET, AT HARVARD SQUARE ni Association Scholarship Popular Prices Fund was made by Salvatore CAMBRIDGE, MASS. - UNiversity 4-0640 Varied Menu Musco, Jr., '43, in behalf of William E. Gorman. Our Service is Excellent Sui Juris Page 5

CENSORSHIP Criminal Law Panel SBA MEETINGS FACULTY NOTES (Continued from Page Two) (Continued from Page One) First in Series of Dean Drinan and Assistant Dean In general, the attentions of the Placement Seminars the program up to $1,000. On the basis Coughlin have spent much of their time American movie censors are turned to­ of this very generous offer, it is felt recently touring the country to speak ward foreign films rather than domestic, On November 10 the Law School in­ that much can be done toward provid­ to pre-legal students in a number of presumably upon the assumption that stituted the first of a series of place­ ing interesting and erudite speakers for colleges. The Dean spoke at St. Peters' what the eye sees is much more dan­ ment conferences designed to inves­ the enlightenment of the student body, in Jersey City, Canisius in Buffalo, Holy gerous than what the ear hears. How­ tigate the opportunities in the various their friends and the community in gen­ Cross and Boston College. Mr. Coughlin ever, American films , over the past few fields of law practice. eral. spoke to students at . Trinity College, years, have become more and more The panel for this first of what prom­ Other matters discussed at this meet­ Hartford, John Carroll University in "adult" and pressure for tighter censor­ ises to be a long series of such con­ ing included mention of the confusion Cleveland, and Bowdoin and Bates in ship supervision has been growing in ferences included Essex County Dis­ existing regarding the method used in Maine. The aim of these engagements is many quarters. Where do we go from trict Attorney, John Burke; Elliot computing the cumulative averages of to give guidance to these pre-legal stud­ here? There will always be censorship Richardson, U. S. Attorney for Massa­ the students and of the uncertainties ents and aid them in deciding whether in one form or another. There always chusetts ; attorney Paul Smith; Monroe facing them in the placement area. to attend law school. has been and should be personal cen­ Inker, B. C. Law School professor with sorship over what one sees and does. an active private practice; and William S.B.A. Budget * * * * Dooley, counsel for W. R. Grace & Co., It was recently announced that Mr. The status of official public censorship SUI JURIS $800 who served as moderator. Sanford Fox, Criminal Law Professor, is now once again in flux. Whether it LAW SCHOOL FORUM 650 The practice of criminal law was the was awarded a fellowship by the Na­ will become more rigid or whether it MOOT COURT 200 topic for this first discussion, and the tional Institute of Mental Health for will disappear will only be known in LAW WIVES 50 panel members debated the many study and research at the Judge Baker the future. The present definitions of TELEPHONE 200 problems which would confront the Child Guidance Center in Boston. Here the terms in this area of the law are A.L.S.A. REPRESENTATIVE 20 lawyer desiring to build up a criminal Mr. Fox will conduct research projects vague, but they probably can not be SOCIAL PROGRAM 1385 practice. concerning problems of juvenile crime. made more definitive. The standards of CONTINGENCY FUND 260 each community are different, and what In regard to the particular course or ALREADY APPROPRIATED: courses which would be most helpful * * * * may be perfectly acceptable in one city A.L.S.A. DUES 20 to the criminal lawyer, Mr. Inker ob­ The Law School representation at the may be completely offensive in another. T .V. RENTAL 15 served that a good background in evi­ annual meeting of the Association of For a piece of work to fall outside dence would be a substantial asset, TOTAL: $3600 American Law Schools in Philadelphia the pale of the constitutional protec­ at the end of December will include the tion of the First Amendment of the while others on the panel took the view TOTAL REVENUE EX­ that much depended upon the indi­ Dean, Mr. Moynihan, who is on the Constitution (1) it must be without PECTED: $3600 Executive Committee of the Association, social value; (2) it must be judged by vidual professor and that the particular course itself was not of prime impor­ Mr. O'Reilly, Mr. Coughlin, Mr. Sulli­ its appeal to the average person; (3) from both fields. The unanimous con­ van, and Mr. Collins. it must be judged by its dominant ap­ tance. clusion of the panel was that the basic peal, taken as a whole; (4) its appeal The general consensus of the panel consideration in making a choice be­ must be to aid "prurient interest"; and was that one could not immediately tween the two alternatives, if the op­ BAR EXAM STATISTICS (5) it must be measured by contem­ enter upon the practice of criminal law, portunity is presented, is the personal Sixty-three students from the 1960 porary community standards. One of but that it would require at least ten attitude of the young lawyer as to which class entered the Massachusetts Bar on the major difficulties revolves around years of working in the field for a position would afford him the most November 16, 1960. A Mass was said the phrase "the average person." The lawyer to become actively engaged in satisfaction and opportunity to employ in their honor and a luncheon was ten­ censors, in their own defense, say that such a specialized area of law. his best talents. Also noted was the dered the successful barristers at the The second conference of this series, they mainly want to protect the morals advantage and necessity of trial prac­ Boston Club. of minors. But this, in itself, is not held December 8, discussed the prac­ tice and business experience. The gap sufficient to keep a piece of work from tice of law in a corporate clerk office in corporate business today is in the * * * * the eyes and ears of the average adult and corporation law practice. William field of patent law which requires a The front office announces that an­ person in the community. Perhaps, if J. Dooley, of Lhe Dewey & Almy Chem­ legal education and a background of other impressive set of statistics was strictly enforced, classification of plays ical Division, W. R. Grace & Co., intro­ either chemistry or engineering. compiled by recent Law School grad­ duced the panel composed of Peter uates. In the last ten years 814 of our and motion pictures could be the solu­ In conclusion it was stated that the tion. This would mean that each . pres­ Coogan of Ropes, Gray, Best, Coolidge former students have been admitted to and Rugg, Visiting Professor at Har­ considerations bearing the most scru­ the bar of Massachusetts. This repre­ entation would be viewed by an agency tiny in hiring a law school graduate that would have the right to exclude vard University Law School and who sents 18.2% of all lawyers admitted to taught formerly at the Yale University were class standing, personal impres­ practice in this state during the same any age group from its exhibition. This sion, and the courses taken in relation type of system has been used success­ Law School; Franklin B. Hammond Jr., period. associated with Gaston, Snow, Motley & to difficulty in mastering the subject fully in England for many years. But rather than subject matter. are not the inherent opportunities for Holt, Boston, Massachusetts ; Joseph There are plans to arrange other con­ LAW WIVES NEWS abuse that exist in censorship as it now Healey, Vice President and General Counsel of the Boston Edison Co., Bos­ ferences which would deal with other is administered every bit as prevalent Following the resignation of the hos­ ton, Massachusetts; William Snow, phases of practice, but the final details in this type of system? Still, it is an in­ of this program, initiated by the pitality chairman, Ann Maney :was dication that many legislators are General Counsel of the Dewey & Almy Alumni Association in connection with elected to fulfill this office for 1960- aware of the problems and are actively Chemical Division, W. R. Grace & Co ., and moderated a discussion of a day's Mr. Coughlin's office, have not yet be­ 1961. engaged in finding a solution to them. come finalized. For the month of January, the Law We can only hope that the obvious pit­ activity in both branches of corporate law. Wives Association has tentatively falls are avoided and that a workable planned to have an interesting trave­ means of solving the problem is found. The panel presented views from their own personal experiences which came Compliments of logue about Israel and the Near East.. . It will be presented by a representative E. F. P. BURNS, INC. of the Garber Travel Agency. Last month, Miss Allen of the Allen Back FRANK/S Formal Clothes for Rental Bay School of Modeling lectured about CRONIN/S par excellence clothes, make-up, and exercising. After the presentation, one of her students RESTAURANT SHOE REBUILDING * * * demonstrated exercises and a question 100 SUMMER ST., BOSTON and answer period followed. The cookbooks, which the members Famous for Phones: LI 2·3572 and 2193B compiled last year, have been published Steaks and Seafood DE 8-8033 and are available at all meetings. They Commonwealth can also be obtained by contacting any Imported and Domestic PAUL E. P. BURNS, B.C. 1953 member. The cost is one dollar per Avenue copy. Beers, Wines and Liquors

114 MT. AUBURN ST. BRIGHTON Consult your Law School Book Store regarding special student offer CAMBRIDGE on Eliot 4-1366 Individual volumes of the new "West edited" Function Room Available MASSACHUSETTS GENERAL LAWS ANNOTATED cited and quoted by the courts Plenty of Add months of. extra service to your BOSTON LAW BOOK COMPANY Parking in the Rear shoes I We use only QUALITY 8 Pemberton Square LA 3-6882 and FINEST workmanship Page 6 Sui Juris

'intends to take our Naval Base at least a year before bringing the case Guantanamo Bay "through the frame­ to court. And France has protective A Reply--The Connally work of international law." Or let us provisions which we do not have. assume, without admitting, that Ameri­ Alexander Dick, addressing the New cans began to see the wisdom of discon­ York State Bar Association, asserted, Reservation Must tinuing foreign aid to a Communist na­ "A statute or provision is wise or un­ tion and the United States was sued wise, good or bad, right or wrong be­ in the World Court for allegedly having cause of its inherent qualities. It should Be Retained damaged the economy of the bankrupt never be adopted or rejected for its in­ Communist nation thereby. If the Con­ fluence on others, or to prove to them JAMES DRUMMEY nally Amendment is repealed, the World our sincerity or good faith. Uncle Sam Court would be free to assume jurisdic­ is not in a contest for election as Mr. Five years ago, General Douglas MacArthur told the American people tion and to decree that the United Sincerity of the Universe. I agree that to "be not deceived by strange voices heard across the land decrying this old States must resume its foreign aid and the complaint about the court's ineffec­ and proven concept of patriotism ... seductive murmurs are arising that it in the future pay whatever sum may tiveness has merit. The nations of the is now outmoded by some more comprehensive and all-embracing philosophies be fixed by the World Court-and there world seme to have no confidence in it ... that there is a higher destiny for us under another and more general flag." can be no review by a higher court; for settlement of disputes." This lack These "strange voices" are currently pushing a thing which would repeal the this is final. of confidence, he suggested, stems from so-called Connally Amendment. What is this hue and cry all about? Now we are told by the international­ the composition of the court whose In July, 1945, the United States rati­ ists that such a thing could never hap­ members embrace "unidentified main fied the United Nations Charter. Chap­ Pakistan. Only three judges are from pen because there are only two judges forms of civilization" and "unlisted ter XIV of the U.N. Charter provides common law countries, four are Latin on the Court from Communist coun­ principal legal systems of the world." for the establishment of an Interna­ Americans, two are from Moslem coun­ tries; and for a decision to be rendered, Until a just and equitable system of tional Court of Justice, which has be­ tries, two are Communists, one Chinese, there must be a quorum of nine judges law, concurred in by all the nations of the world, is established, the World come commonly known as the World and one each from Greece, France and with five constituting a majc>rity. What Court will remain ineffective. The Court. In November, 1945, Senate Norway. they neglect to reveal is that Article 26 elimination of a few words will not Resolution 196 was introduced. It pro­ The World Court is in no way bound of the court statute provides that "the provide the insurance that hundreds of vides for the unconditional acceptance or guided by any definite rules or sys­ Court may from time 'to time form one thousands of lives and billions of dollars by the United States of compulsory tem of law such as the common law or or more chambers, composed of three or could not buy. jurisdiction by the World Court. the American system of constitutional more judges as the Court may deter­ mine, for dealing with particular cate­ Let's face it: Neither peace nor law On August 1, 1946, Senator Tom law. It is entirely free to make up its gories of cases ...." You can imagine is possible for a world that is locked in Connally of Texas, chairman of the own rules and render any judgment its the result with two Communist judges a death struggle between freedom and Foreign Relations Committee, offered members can agree on, as influenced by sitting in a 3-man chamber deciding a slavery. We can think about "world an amendment which provided that ac­ each judge's own particular legal con­ case', involving the United States. peace through world law" after the ceptance by the United States of com­ cepts, and one may add, as influenced One would expect that with two diabolical menace of Communism has pulsory jurisdiction by the World Court by his national pride or interest-and Communist judges on the Court, the been swept from the face of the earth. "shall not apply to disputes with re­ there is no appeal. United States would send a staunch pro­ Until it is, it would be the height of gard to matters which are essentially How then can you explain the nebu­ American, anti-Communist representa­ folly to weaken these United States, within the jurisdiction of the United lous slogan "World Peace Through tive. However, the presidential-ap­ which represent truly the last, best hope States, AS DETERMINED BY THE World Law" which is resounding for peace, UNITED STATES." throughout the country as the bright pointed lawyers' committee has selected alternative to our selfish adherence to for a post on the World Court beginning Needless to say these six words next year, Philip C. Jessup, Columbia caused much distress among the Inter­ the Connally Reservation? No one will deny that a permanent and world-wide professor of international law. From his ABA Votes to Repeal nationalists and One-Worlders and they involvement in the notorious Institute of are making a concerted and intense ef­ system of law, administered by a just Con na Ily Reservation and honorable World Court, would be Pacific Relations and other alleged Com­ fort in both houses of Congress (S. Res. munist fronts, he has been the target 94 and House Joint Resolution 558) to a wonderful thing. But as Dean Clar­ One of the items of business of the ence Manion, former Dean of the Notre of security charges throughout the American Bar Association during its repeal the Connally Reservation. Vig­ years. This alone should be reason orous grass roots pressure caused the Dame Law School said, "What law?" convention in Washington, D. C., this Testifying before the Senate Foreign enough to retain the Connally Amend­ summer concerned the World Court. Senate Foreign Relations Committee to ment. table S. Res. 94 for the time being. A Relations Committee, Dean Manion de­ There had been much discussion of the deluge of mail, the likes of which had clared: "In the presently deranged state Finally, let us consider the argument Connally Amendment during the year not been seen since the Bricker Amend­ of mankind there is little prospect for that the failure of the United States to and the controversy continued during submit to the complete jurisdiction of ment fight, flooded Washington last world peace and there is no such thing heated debates on the convention floor. spring. Letters opposed to repeal out­ as world law. Under present conditions, the World Court has hampered the But when the matter came to a vote in numbered those in favor by a margin an unconditional submission of our dis­ Court and prevented the development the House of Delegates the decision was of a rule of law. It is repeated con­ of 1500 to 1. However, the battle is putes with other governments to the in favor of repeal. By a narrow margin far from over. International Court of Justice would stantly that 38 nations have accepted of 114 to 107 they reaffirmed the posi­ only serve to betray our own vital the compulsory jurisdiction of the tion that the American Bar Association At the present time, the World Court National interests and give immeasur­ Court. Actually 12 of the acceptances had taken in 1947, is composed of 15 judges. There is one able aid and comfort to our vicious are terminable immediately upon notice each from the United States, Great Many of the proponents of repeal ar­ ruthless and implacable Communist and many others have no term or men­ Britain, Australia, Poland, Russia, gued that the amendment should be enemies .... Although the Communist tion of notice. We, on the other hand, United Arab Republic, Nationalist dropped as evidence that the American plunderbund has refused to submit it­ are among a few nations requiring six China, Greece, France, Mexico, Pan­ legal profession favors an extension of self to any part of the jurisdiction of months' advance notice to terminate ama, Argentina, Uruguay, Norway and the rule of law, while opponents rested the International Court, it has never­ our acceptance of compulsory jurisdic­ on the contention that repeal would be theless placed two of its judges, so­ tion. During these six months after a surren~er of our national sovereignty called, on the IS-judge International notice we would be subject to proceed­ and that It would constitute a dangerous Court, where they are now ready and ings by unfriendly nations, including step in the uncertain state of world eager to sit in judgment upon the right Iron Curtain countries which have no affairs, of the United States to retain its naval use for the Court except to have judges base at Guantanamo, Cuba, to keep the on it. American flag flying in the Panama England is not going to get caught Canal Zone and to protect its expansive that way. Not only is their acceptance Daily Rosary ring of military bases in fifty countries terminable immediately upon notice of the world ...." given but they expressly exclude pro­ One tipoff as to the Communist strat­ ceedings on the part of any nation 72:70 Room 302 For over fifty years we have egy is Castro's recent statement that he which has not accepted jurisdiction at been in the law printing busi­ ness - a fact that speaks for itself. From STUDENT BAR ASSOCIATION Non·Profit Org. U. S. Postage of THE BOSTON COLLEGE LAW SCHOOL PAID St. Thomas More Drive BOSTON, MASS. Brighton 35, Massachusetts Permit No. 55294 Printers to the Sui Juris and many other fine publications.