UNIVERSITY OF PENNSYLVANIA Summer 1979 Volume XIV Ttll Number 3 LAW !i_U/\n JOUQ[V\L I I

The Cover: Co-president of the Class of 1979, Gerald McAiinn, welcomes those assembled at Commencement Exercises May 21, 1979. UNIVERSITY OF PENNSYLVANIA Tile IJ\W rLU/\n JOUR_IV\L Contentr

Symposium 2

Featured Events Law Alumni Day 8 Comments by Dean james 0. Freedman on the Occasion of Law Alumni Day 1979 10 Commencement 1979 13 Remarks by Patricia M. Wald May 21, 1979 14

Beyond Mere Competance by A. Leo Levin 18

Conversation with ... Professor John. 0. Honnold 23

The Faculty 27

Alumni Briefs 29

End Notes 33

Editor: Libby S. Harwitz The Law Alumni journal University of Pennsylvania Law School 3400 Chestnut Street, Philadelphia, PA 19104 is published by the Law Alumni Society for its members. Volume XIV Number 3 Summer 1979 Design and Layout: Howard Kline Assistant to the Editor: Kevin Rogers Cover Photograph: Peter Halpern Photography Credits: Mark Amrhein, l'79; Peter Halpern 2

The 1979 graduate students and Chief justice Warren E. Burger.

The Harvey Levin Our Graduate Students Memorial Award Each year, a group of Established by the Philadel­ lawyers from around the world phia firm of Schnader, Harrison, visit Penn Law School to engage Segal & Lewis, the Award honors in graduate study, drawing from The Thomas A. O'Boyle the memory of Harvey Levin, an the School's resources and, at the Memorial Lecture Alumnus of the Class of 1958 and same time, enriching us with their a member of that firm. international backgrounds and The Law School's Center for Given annually to a Univer­ their experiences from other legal Study of Financial Institutions sity of Pennsylvania Law School systems. presented its annual Thomas A. faculty member in recognition of Professor john Honnold, O'Boyle Memorial Lecture on teaching excellence, the recipient responsible for the selection of April 6 in Room 100. is selected by a majority vote of the students, oversees their ed u­ Martin Lipton, Esq., of the students earning the degree of cational programs and general New York City Bar, presented the J.D. in each graduating class. welfare. " They are a miniature lecture, "Current Federal-State Full-time faculty members during U.N." remarked Mr. Honnold, this Tensions in Securities Regula­ the three-year period prior to the year's group having been com­ tion," in which he addressed the year of the award are eligible posed of visitors from West Ger­ broader issues of federalism and recipients, and no faculty mem­ many, Nigeria, Taiwan, Northern the relative roles of the federal ber may receive the award more Ireland, the Netherlands, France, and state governments in the than once in three consecutive South Africa, japan, the USA, and general areas of corporate gov­ years. South America. ernance and securities regulation. The prize money, which Eighteen of the students is the interest from the Harvey enrolled in the general graduate Professor Levin is Speaker at Levin Memorial Fund, will be program worked with personal Law Review Dinner used to purchase books for the faculty advisors while seven addi­ The University of Pennsyl­ Biddle Law Library. Each volume tional international students, who vania Law Review re-instituted a purchased in recognition of the were Fellows at the Law School's tradition in May. For the first recipient bears a Memorial Fund Center for Study of Financial time in 12 years, a dinner for past bookplate which identifies the Institutions, worked under the and present members of the Law Faculty member honored in the aegis of Professor Carl W. Review was held at the University year of the book's acquisition. Schneider. of Pennsylvania Museum. The recipient is also given an ap­ A program of activities, led Professor A. Leo Levin, L'42, propriate certificate at com­ by Assistant Dean Christopher F. Director of the Federal judicial mencement exercises. Mooney, was instituted by the Center, addressed the sizable This year's Harvey Levin School to enhance the graduate gathering which numbered ap­ Memorial Award recipient was students' experiences here in the proximately 150 people. Professor Alvin C. Warren, Jr. states. Organized trips like the Symposium 3

two-day visit to Washington in Together with similar consensus mendously successful Gilbert and early spring, where they toured from other regional conferences, Sullivan production of Iolanthe, the city and its government insti­ recommendations will be drawn which was presented to capacity tutions and met with Chief Justice up and will be presented to audiences on three consecutive Warren E. Burger, were tremen­ Congress in hearings on tax nights this spring at the Univer­ dously successful and enlighten­ simplification in late June. sity of Pennsylvania Museum. ing. Those present at Law Alumni Music at The law School Day this April 24 were fortunate The Law School Light Opera to witness excerpts from this Please Join Us For Company, about to enter its year's performance. Hors D'Oeuvres, Drinks fourth year in operation, is a and Conversation at troupe of highly gifted directors, A Reception for producers, musicians and actors University of Pennsylvania who also happen to be Penn Law law Alumni students, Faculty, and their fam­ and Their Guests During ilies. The Opera Company's forte? the American Bar Association Gilbert and Sullivan productions Meetings at the that rival D'Oyly Carte. Hilton Hotel in Dallas Class of 1978 Alumni on Monday, August 13,1979 Michael Tietz and Oliver 5:00p.m. Goodenough (both practicing corporate lawyers in New York Continuing legal Education City who are organizing concerts, at The law School conducting orchestras, and incor­ porating their own opera com­ The Philadelphia Conference pany), established the Light on Federal Income Tax Simpli­ Opera Company in 1977 as a fication, sponsored by the therapeutic outlet to combat law American Law lnstitute-ABA/ school tedium, and to encourage CLE, the Pennsylvania Institute of and showcase the vast musical CPA'!>, and the University of and organizational talents that Pennsylvania Law School, was abound at the school. A Note From held at the Law School on The spirit infused by Tietz University of Pennsylvania Saturday, May 12. This Confer­ and Goodenough has remained, Archivist Frances james Dallett: ence was the first continuing legal as exhibited by this year's tre- education program co-sponsored September, 1979 will mark by and held at the School. the centenary of the admission to Mervin M. Wilf, '55, chaired the University in 1879 of its first the Conference, and Professor three black students, two to the Daniel I. Halpern, Deputy Assist­ Medical School, one to the ant Secretary for Tax Policy to the Dental School. James Brister, United States Treasury Depart­ D.D.S. 1881, and the eminent ment, spoke on "The Legislative Nathan Francis Mossell, M .D. Process." Professor Alvin C. War­ 1882, the first degree recipients ren, Jr., delivered an address of their race, were followed by a entitled, "Simplification Through Towne alumnus of 1886, a gradu­ Basic Tax Reform-New Policy ate of the College in 1887, a Law Options." alumnus of 1888 and so on. The Conference developed a Penn will celebrate this consensus on several issues century of the black presence in relating to tax simplification. 1980. The undersigned will Professors Halpern and Warren confer at the Tax Simplification Conference. 4 Symposium

coordinate the "records" side of Kentridge to Deliver the observance and organize Roberts lecture in October what we hope will be a thought­ The 1979 Owen j. Roberts ful historical exhibition. Memorial Lecture will be held Penn has never kept records October 18 at the University of of race. Aside from fairly detailed Pennsylvania Museum Audi­ knowledge of black alumni prior torium. This year's lecturer, to 1900, "lists" of graduates by Sydney W. Kentridge, was counsel race or ethnic origin are of recent to the Stephen Biko Family at compilation and extremely the inquest held in South Africa incomplete. last year. The University Archives must The lecture will be followed acquire, rather quickly, an over­ by a reception and dinner at the view of black alumni achieve­ Museum. ment. It must learn, first of all, who of the alumni in all Schools Four Women Are Keedy Finalists and divisions of the University­ living and dead-is/was black, For the first time in the thus dealing with what is often history of Penn Law School, the an intangible, and also be pro­ team of finalists for the Edwin R. vided with factual information on Keedy Cup Moot Court Competi­ careers, activities, etc. (More Norval Morris-The 1979 tion is composed solely of than a statement that so-and-so Bellet lecturer women. was Professor of such-and-such, " Madness and the Criminal" Michelle Holland, Ellen or active in a certain business, we was the title of the second annual Surloff, Flora Wolf and Carol want to know, stated no matter Bellet Lecture delivered on March York-all members of the Class of how informally, the nature of 29th at the Law School by Norval 1980-will participate in the his/ her contribution or imput Morris, former Dean of the finals this fall. into an academic discipline or University of Chicago Law School firm or whatever.) and internationally recognized Former students who did expert on criminal law. not take degrees (of whom, for The lecture, given in con­ example, Dr. Martin Luther King junction with the University of was one) are of equal concern Pennsylvania Hospital Depart­ with graduates. ment of Psychiatry, the Bellet Please write promptly, re­ Library and the University of cording who you rem ember and, Pennsylvania Law School was also, who you think should be re­ organized by Dr. Robert L. Sadoff, membered, and why. Associate Clinical Professor of Psychiatry at the University of The address is: Pennsylvania. North Arcade Franklin Field/ E6 33rd & Spruce Streets Philadelphia, Pa . 19104 Symposium 5

Judicial Clerkships 1978-1979 UNITED STATES Hon. Norma L. Shapiro SUPREME COURT: Catherine Carr Twenty-nine Alumni of the Law School are serving as law Hon. Warren Burger Hon. Edward N. Cahn clerks during the current year. Richard Friedman Steven lnsel 27 are graduates of the Class of Hon. Harry Blackmun Hon. Alfred L. Luongo 1979; Richard Friedman and William Murphy Gerald A. McHugh, Jr. William Murphy are members of Hon. Edward R. Becker the Class of 1978. UNITED STATES Kathleen Milsark COURTS OF APPEALS: Hon. Clarence C. Newcomer District of Columbia Circuit David Siegel Hon. S. W. Robinson, Ill Hon. joseph L. McGlynn Sarah H. Duggin Kenneth Warren Second Circuit UNITED STATES TAX COURT: Barbara Sager-staff attorney Hon. Cynthia Hall Peter Sayre Third Circuit STATE COURTS: Hon. Arlin M. Adams William R. Hanlon Supreme Court of Pennsylvania Hon. Max Rosenn Hon. Samuel]. Roberts Craig Blakeley Robert Friedman Paul Seave Hon. Francis Van Ousen Thomas Roberts Supreme Court of New Jersey Hon. A. Leon Higginbotham, ]r. Hon. Sidney Schreiben Sarah W. Mitchell Joseph Godles Charles Honart UNITED STATES DISTRICT COURTS: Supreme Court of Delaware District of Columbia Hon. Henry R. Horsey Mark Amrhein Hon. William jones Richard A. Deak Hon. William T. Quillen Nina Landsberg Southern District of New York Superior Court of New Jersey Hon. Edward Weinfeld (Appellate Division) Thomas Connell Hon. Lawrence Bilder District of Delaware Steven Gladstone

Hon. Caleb Wright Common Pleas Court Joshua Katzen of Pennsylvania Hon. Murray Schwartz Hon. Harry A. Takiff Michael Ossip (Philadelphia) Lawrence Cohan Eastern District of Pennsylvania Hon. Doris May Harris Hon. Louis H. Pollak (Philadelphia) Thomas Andrews Yolanda M. Pizzaro 6 Symposium

The Dean and The Alumni May 3rd -Reception for alumni attending Pennsylvania Bar Association In his first 6 months as Dean, james Freedman meeting, Marriott Hotel, has achieved one important goal which he set for Philadelphia. himself-that of meeting and becoming personally May 17th -Luncheon meeting with acquainted with many Alumni. And he accom­ Washington alumni and alumni plished this, through traveling 15,000 miles-liter­ attending American Law Institute ally- from coast-to-coast. meeting, International Club. His schedule is filled with professional, Law Dean is speaker. Alumni Society, and Annual Giving Organization August 13th - Reception for alumni attending meetings, Class Reunions, and Law Firm Recep­ American Bar Association tions-where the many firms with sizable popula­ meeting, Hilton Hotel, Dallas. tions of Penn Law Alumni organize end-of-the­ September 18th-Luncheon for alumni attending work-day gatherings enabling Dean Freedman and California Bar Association meet­ Alumni to meet informally. ing, Bonaventure Hotel, Los Dean Freedman's desire to be accessible to all Angeles. Alumni is demonstrated best by the schedule he has followed since january 1, 1979, the date he was Alumni Society and elevated to the Office. Annual Giving Organization Law Firm Receptions january 8th -Luncheon meeting with Chair, Gift Club Chairs and Regional February 1st - Simpson, Thacher and Bartlett, Chairs of Annual Giving New York. Organization, Faculty Club. February 5th -Duane, Morris & Heckscher, january 18th -Dinner meeting with alumni of Phi !adelphia. southern California, Los Angeles. February 6th -Dechert, Price and Rhoads, Dean is principal speaker. Leo Philadelphia. Levin, Bob Gorman and Paul February 13th -Drinker, Biddle and Reath, Mishkin also attend. Philadelphia. january 24th -Reception for Board of February 22nd -Morgan, Lewis and Bockius, Managers of Law Alumni Philadelphia. Society, Dean's Office. March 1st -Obermayer, Rebman, Maxwell February 16th -Luncheon meeting with Chair, and Hippel, Philadelphia. Gift Club Chairs and Regional March 5th - Montgomery, McCracken, Chairs of Annual Giving Walker and Rhoads, Organization, Faculty Club. Philadelphia. February 28th - Meeting of Board of Managers March 7th -Wolf, Block, Schorr and Solis- of Law Alumni Society at Blank, Cohen, Philadelphia. Rome, Klaus and Comisky, june 20th -Ballard, Spahr, Andrews and Philadelphia. Ingersoll, Philadelphia. March 28th -Dinner meeting with alumni in Atlanta. Dean is speaker. Professional Meetings April 3rd -Dinner meeting with New York january 4th - Breakfast meeting with alumni­ alumni at Yacht Club. Dean is in-teaching, AALS, Chicago. speake~ Dean isspeake~Jeffe~on April 9th -Luncheon meeting with Fordham and Ralph Smith also Pittsburgh alumni. Dean is attend. speaker. February 14th -Reception at City Hall given by April 24th -Law Alumni Day. Senator the justice Lodge for area law joseph R. Biden, jr. is dinner schools. speake~ Remarks by Dean. Symposium 7 Upper left: Dean Freedman in Washington, D.C. with (from left to right) Professor Leo Levin; Lipman Redman, L'41; Former Dean, judge Louis H. Pollak; and Charles B. Ruttenberg, L'49 Upper right: The Dean and Pittsburgh Alumni.

Lower left: The Dean greets Alumni at the Law School reception held during the Pennsylvania Bar Association Meeting in Lower right: Dean Freedman in Harrisburg with Francis B. Haas, Philadelphia. 192 Penn Law Alumni were in attendance. ]r., L'51, and William R. Shane, L'61.

May 4th - Dinner meeting with New September 19th- Reception and dinner with San England alumni, Boston. Dean is Francisco alumni. Dean is speaker. speaker. May 8th -Luncheon meeting with Chicago alumni at Mid-America Club. Class Reunions Dean is speaker. April 7th - Class of 1939 at the Barclay. --Luncheon meeting with Wilkes­ May 22nd April 28th - Class of February 1949 at the Barre alumni. Dean is speaker. Locust Club. - Reception for Wilmington May 31st May 11th -Class of 1932 at the Faculty alumni at Hotel du Pont. Dean Club. is speaker. May 18th - Class of 1929 at the Barclay. -Dinner meeting with Harrisburg June 4th June 22nd -Class of 1938 at Meadowlands alumni. Dean is speaker. Country Club in Blue Bell , PA . -Luncheon meeting with Chair, June 15th June 9th - Class of June 1949 at the Gift Club Chairs and Regional Warwick Hotel. Chairs of Annual Giving October 20th -Class of 1954 at the Academy of Organization, Faculty Club. Music Ballroom. October 20th -Class of 1959 at the Law School. 8 Featured eventr

Dean james 0. Freedman, Vice-Dean Phyllis Beck and Senator joseph R. Biden, Jr. at Law Alumni Day. A Gala law Alumni Day­ April 24, 1979

University of Pennsylvania Law Alumni and their guests, faculty and administration, and members of the Class of 1979, in attendance at Law Alumni Day agreed that the occasion was a mem­ orable one. Sponsored by the Law Alumni Society and planned by Chairman Howard Gittis, '58, Law Alumni Day began on a positive note with the performance of excerpts from Gilbert and Sullivan's opera, Iolanthe, by the Law School Light Opera Company. Appearing with this stellar group of talented law students and their family members, were Professor Noyes Leech who acted as narrator, Professor Paul Bender who was a stoic Private Willis, and former dean now Judge Louis H. Pollak whose "wise" judicial interpretation provided the opera's happy ending. Following the performance, David H. Marion, '63, Law Alumni Society President, presided at the Annual Meeting. Frederic L. Ballard, '42, Nominating Committee Chairman, proposed the slate of new officers for affirmation: Marshall A. Bernstein, '49, was elected President of the Society; Joseph G.). Connolly, '65, became First Vice­ President; Han. Doris May Harris, '49, is Second Vice-President; Linda A. Fisher, '73, will serve as Recording Secretary; and Richard L. Bazelon, '68, is Treasurer. The newly-elected Board of Mana­ gers, whose terms expire in 1982, include Mitchell Brock, '53; Lester E. Kabacoff, '37; Sherrie Raiken Savett, '73; John A. Terrill, '76; and William White, '38. Cocktails preceded dinner, after which David H. Marion was presented with a certificate recog­ nizing " his distinguished service as President of the Law Alumni Society for the years 1977-1979 ...", as well as a framed limited-edition lithograph by Philadelphia artist, Libby Newman- "Daedelus and Icarus" , a work commissioned expressly for the Law School a number of years ago. Senator joseph R. Biden, Jr ., United States Senator from Delaware, the Law Alumni Society's guest speaker for the evening, delivered a moving and dramatic address to the gathering. The Senator followed Dean james 0. Freedman, whose elo­ quent remarks appear on the succeeding pages.

Han. A. Leon Higginbotham, Law School Overseer, and Han. Doris May Harris, L'49, Vice-President of the Law Alumni Society. Featured Events 9

1979 Alumna Elise DuPont (left), Hon. Norma Shapiro, L'51 (right), and former Acting Dean Senator Biden addresses the Law Alumni Covey T. Oliver. Day gathering.

Former Law Alumni Society President David H. Marion, L'63, at the Society's Annual Meeting. On podium, from left to right, are Frederic L. Ballard, L'42, Nominating Committee Chairman; Marshall A. Bernstein. L'49, In coming Law Alumni Society President; Dean james 0. Freedman; and Howard Cittis, L'58, Law Alumni Day Chairman. 10 Featured Events

Comments by Dean James 0. Freedman On the Occasion of Law Alumni Day-1979 In the three months since I have had the honor of becoming Dean of this Law School, I have traveled 14,000 miles to meet with Alumni in Los Angeles, in Pittsburgh, in Atlanta, in New York, and in many other places. But I think I can truly tell you that the warmth of this Alumni Day has not been surpassed on any of those occasions, and I am absolutely delighted that so many of you are here this evening. I am grateful for the kind remarks and good wishes that so many of you were nice enough to give me as we had occasion to meet before the dinner began this evening. I must say that I continue to be surprised at how many people couple their congratulations with remarks of condolence and commiseration. Shortly before I accepted the deanship, a friend of mine here at the University asked me how old I was. I replied that I was 43, and I said, "Why do you ask?" And he said, " Because in about six months you are going to be 55 ." So I'm glad that this Alumni Day falls a little bit before that date has arrived! I have also been amazed at how much unsolicited advice a new dean receives on how to be an effective dean. Of all the advice I have received, the most useful came from a dean at another law school, who wrote me that everything I needed to know about being a dean could be manner I possibly could. I remember very clearly found on the label of a jar of Hellman's a television interview that Eric Severaid once had mayonnaise. So I went home that evening and with Walter Lippmann in which Severaid asked opened the refrigerator. If you go home yourself Lippmann, "Who was the last truly competent and look at the label on a jar of Hellman's President the United States had?" Lippmann mayonnaise, you' ll see as I did that it says, "Keep thought for a very long period of time and finally cool but don't freeze." pursed his lips and said, " James Madison." As I As Marshall Bernstein said in his generous began to think about Lippmann's response, it introduction, I do admit to the youthful indis­ seemed to me that one of the factors that must cretion of having gone to the Yale Law School. have contributed to Madison's greatness was that I occasi onally tell Lou Pollak, who is a member of he had three extraordinary predecessors to serve the Yale Law School Class of 1948, and Judge as models for his conduct of the office. Higginbotham, who is a member of the Yale Law If that is an ingredient in making someone an School Class of 1952, that the three of us are each effective leader, I am particularly fortunate, examples of this Law School's remarkable powers because I have served on this law faculty under of redemption I four very remarkable deans. I was hired by Now that I have undertaken the responsibili­ Jefferson B. Fordham, who was dean for eighteen ties of the deanship, I obviously have thought years and whom we all regard as the master about how to discharge them in the very best builder of the modern University of Pennsylvania Featured Events 11

Law School. I next served under Bernard Wolfman, so good. But I was given pause by a sentence that who moved this School forward enormously in the appeared a little further in the entry. The sentence five-year period that he was dean. I then had the reads as follows: "Most scholars see no factual great privilege of serving under Louis Pollak, who truth in the further tradition that Cincinnatus was had been my teacher at Yale and who continued given a second dictatorship in 439 to check the the process of strengthening the faculty and the monarchical ambitions of Spurius Maelius." I ask student body of the Law School during the three all of you to join me in applauding the remarkable years of his deanship. Finally, during these last six job that Covey Oliver has done for the Law School months, from july 1 to December 31, I had the this year. privilege of serving while Covey Oliver was the There will be many occasions in the months Acting Dean of the Law School. I want to say a ahead to talk to you about the state of the Law word about Covey's service during that period School. I am enormously proud to be a member of because it illustrates so well the kind of loyalty this faculty and am enormously proud of our stu­ that Covey Oliver has given, not only to this dents. But I want to talk tonight instead about institution, but to the great institutions to which some of my visions, and some of my hopes, and he has been devoted throughout his career. some of my dreams for the future of this Law As many of you know, Covey Oliver was School. twice called upon by the President of the United I particularly want to talk about two men who States to interrupt his teaching and scholarship in greatly influenced my own vision as a lawyer and order to take on important assignments in the who had an enormous impact upon the growth of federal government. On both occasions, Covey my own thinking and upon my own decision to Oliver didn't think twice in responding that, of teach law. One of those men was my teacher at course, he would. On july 8 of last year, when Yale Law School, Alexander Bickel, and the other President Meyerson called Covey at his summer was my first employer, justice Thurgood Marshall. home, Covey having retired from the University's They are two very different men, but in many active service eight days earlier, and told him that respects they illustrate the kinds of values which I the Law School needed an acting dean because hope we can impart to our students and the kinds Lou Pollak was about to become judge Pollak, and of careers which I hope we can hold open to our asked Covey whether he would come out of students. retirement to serve the Law School, Covey once Alex Bickel, whose untimely death in 1974 is again did not hesitate for a minute. He told the still an occasion for mourning, taught me a great President of the University, as on two earlier many things about law. One of the things he taught occasions he had told the President of the United me was the importance of process, the importance States, "Yes Sir, I will undertake the assignment," of procedure, the importance of the institutions by and Covey gave up his plans for the fall and which legal decisions are reached. Another of the returned to Philadelphia in order to steer the Law things which Alex Bickel taught me-and which I School through a very difficult period while the hope we can teach our students-is that no society faculty went about the process of selecting a new can govern itself without principles, but that every dean. society must subject its principles to continual re­ As I thought about Covey's remarkable examination, so that it both lives by principles but service, it seemed to me that what he did was very preserves a healthy skepticism about the principles much in the tradition of Cincinnatus, the Roman by which it lives. Finally, what Alex Bickel taught farmer who came off the farm in order to serve his all of us in his luminous writings, and one of the countrymen, and then when the crisis was over, most lasting impressions that Alex Bickel made returned to his farm. But I wasn't sure whether upon my own mind, is that adherence to the time­ Cincinnatus was exactly the right analogy and so I tested processes of the legal order are more im­ went to the Encyclopedia Britannica, where I portant than the achievement of any momentary learned that Cincinnatus was a " Roman statesman results, and that the institutions that we have de­ who gained fame for his selfless devotion to the veloped over several hundred years for the gov­ republic in times of crisis and for giving up the ernance of a democratic society are themselves of reins of power when the crisis was over." So far, very, very great value. 12 Featured Events

Thurgood Marshall is a very different man Iogue between our own generation and the gene­ than Alex Bickel. More than anyone else, Justice rations that will come after. I hope, in the years Marshall taught me the indispensibility of legal ahead, that this Law School can be informed by the craftsmanship and the perfection of legal skills. He vision of law as a process of dialogue that Alex also taught me the importance of a passionate Bickel and Justice Marshall each exemplify. commitment to equality and justice-the central One of the books that has most influenced my values of our legal system. And beyond that, what own life is Carl Sandburg's autobiography, which Justice Marshall taught me was that, of course, he called Always the Young Strangers. In that book, Thoreau was right, that there truly is nothing so Sandburg writes of the way in which society is powerful as an idea whose time has come. The renewed every generation by the appearance of greatness of Justice Marshall rests in considerable the young strangers who come along to assume measure upon the fact that he had the wisdom positions of leadership in society. The theme of and the vision to ally himself and his unparallefled Sandburg's book is the renewal of society by the craftsmanship as a lawyer and advocate with an ever-emerging generations of unknown young idea whose time had come. people who, because they are well-trained and Alex Bickel and Justice Marshall represent very have, perhaps, the scholarly perceptions of an different strands in our legal culture. One was a Alex Bickel or the social vision of a Thurgood scholarly intellectual, a man of the book, a man Marshall, help new generations to find those values who deepened our understanding of the function which are central to our culture. All of us who of law in a democratic society. The other was a teach, as we look out each Fall on a new classroom practicing lawyer, a dynamic mobilizer of men, a of earnest faces, are constantly aware, indeed man who successfully led the most important law haunted, by the possibility that sitting out there, reform effort of this century. Alex Bickel advanced as once there was, may be a young stranger the law by his development of theory. Justice Holmes, or a young stranger Brandeis, or a young Marshall advanced the law by his devotion to stranger Frankfurter, or a young stranger Bickel, or practice and litigation. It seems these two men a young stranger Thurgood Marshall. stand as symbols of two fundamental aspects of One of the jobs of this Law School is to make our legal culture, aspects that I hope our students sure that those young strangers, as they prepare observe and admire in equal measure as they move themselves to assume positions of leadership in through our classrooms and through our halls. our society, receive the very best training and But despite the differences between Alex vision and wisdom that we are able to give them. Bickel and Justice Marshall, it seems to me that But a Law School cannot do this alone. A law they share one essential quality in common. And school exists in a great chain of being-a chain of that is a conception of law as a process of asking human being that connects prior generations with questions, a conception that the answers that every future generations. One of the strengths of this generation formulates for the questions of policy it Law School, in preserving that great chain of being, confronts are themselves questions which it leaves lies precisely in the kind of devotion and support for the next generation to answer anew in light of that people like you give it by attending an eve­ its own social imperatives. The law and the process ning like this. What gratifies me so deeply about in which we are all engaged-whether we teach or this evening is my sense that all of us who are whether we practice-is fundamentally a process here embody a great chain of being, a great chain of asking questions about the values we have of generations devoted to the process of making inherited from the past and providing workable sure that those young strangers now sitting in our and principled answers by which to live for the classrooms will one day be well-prepared to moment, recognizing that those answers will pose undertake the process of enriching the law and questions for the generations that come after us. renewing society in a way that gives this Law I think that Alex Bickel and Justice Marshall would School its ultimate justification for being. be united in the notion of law as a process of dialogue-a dialogue between the generations that have come before and our own generation, a dia- Featured Events 13

The Class of 1979 Commencement

The University of Pennsylvania Law School graduated 206 new Alumni on Monday, May 21. There were, in addition, 19 graduate students who received the degree of LL.M. The Class of '79, a spirited, active group, claims a first in the history of the School-the class is represented by co-presidents-joe Crawford and P/ · jerry McAiinn, both of whom addressed the com- ( mencement gathering in addition to Dean Freed- man, Honorary Fellow Patricia Wald, and john Morgan McClintock, a 1979 graduate student from Northern Ireland. The Harvey Levin Memorial Award, a prize selected by the third-year class in recognition of teaching excellence and named for the late Harvey Levin, '58, was presented this year to Professor Alvin C. Warren, Jr. Prior to the presentation of student awards and diplomas, Patricia McGowan Wald, United States Assistant Attorney General for Legislative Affairs, was made an Honorary Fellow of the Law School. The objective of the award is "to provide appropriate recognition to a lawyer who has dis­ tinguished herself or himself by combining an active professional career with outstanding public service in law related fields such as law reform, aid to the indigent, or the defense of civil liber­ ties." Ms. Wald has actively rendered service to the public through her extensive writings and her con­ tributions as a lawyer and as a member of the National Conference on Bail and Criminal justice, as consultant to the National Conference on Law and Poverty, and as co-Director of the Ford Foun­ dation's Program on Drug Abuse. Ms. Wald's re­ sponse to the Law School's presentation of the Honorary Fellowship Award appears in this issue of the journal. Commencement proceedings were followed by a reception for Class of 1979 graduates and their families. 14 Featured Events

Editor's Note: Patricia M cCowan Wald, the Uni­ versity of Pennsylvania Law School's 1979 Hono­ rary Fellow, is Assistant Attorney General for Legislative AHairs with the United States justice Department and is a judicial nominee for the District of Columbia Court of Appeals. What follows is the stirring, inspirational address Ms . Wald delivered to the University of Pennsylvania Law School graduating class of 1979 on May 21 at their Commencement.

Remarks by Patricia M. Wald May 21,1979

John Kennedy told us in 1961 we could ask no more than "to live in interesting times." For a lawyer, these are " interesting" times. In today's society, we are everywhere; in the White House and in Congress, in the courts and in the state legislatures and capitols, in executive suites, multi-nationals and labor unions, schools and hospitals, newspapers and TV stations, regulatory keep their customers happy. But I do not believe agencies and pressure groups. We are the only that. I believe that as the keepers of an ordered players allowed in the courts where society's society we bear the cross of self-scrutiny and self­ toughest games are played nowadays. doubt to assure that we confine, not exploit, the We have a unique responsibility: to construct conflicts of an increasingly complex society. a giant canopy of law under which society can Thou shalt not ration justice, we often hear. solve its many conflicts without war, revolution, But I would add the converse. Thou shalt not be domestic violence, or profound inequity. Every spendthrift with justice. Like our energy resources one of us has some small corner of that structure and our environment, justice is not boundless. to work on. Our courts are now hopelessly congested; it takes We counsel and advise. Our stock-in-trade is up to five years in some places to get a civil case words : words to persuade or words to mislead ; heard; 152 new federal judges will make only a words to inflame or words to soothe and con­ small dent in the backlog of the federal courts. At ciliate ; words to confuse or words to clarify. They present, the Legal Service Corporation reckons are the tools of a highly-paid trade. But it is the that it can service only a small fraction of the poor use to which we put them that determines people who need legal help. Public polls show whether we succeed at that special mission that ordinary people believe courts and lawyers assi gned us-the solution of human, economic, cost too much and take too long to be meaningful and social problems according to some rough to them. Everyone in our profession has an obliga­ equation between order and fairness. Learned tion to make our system of justice work, to Hand called Justice, " the tolerable accommodation measure carefully the burdens we lay on the of the conflicting interests of society." process and the reasons why. For if we overload Perhaps, as some argue, lawyers have no our basic system of settling the most intransigent higher duty to society than carpenters or disputes in the courts and not on the streets, we plumbers or electricians- to do their job well and face a perilous future. Featured Events 15

And yet I am concerned that lawyers, both beyond reach. At some point lawyers have to start individually and as a profession, do not sufficiently factoring into their tactical equations not just what recognize their responsibility to make the system the traffic will bear for the most fulsome advocacy work. I do not by any means limit my criticisms job, but how much drain can the system endure. here to private practitioners; the problems of Perhaps our law school education and, later overuse and abuse of the system are as prevalent on, the lorelei song of professional acclaim puts far in my experience, among government lawyers, and too great a premium on the gladiator skills of the even among some public interest representatives advocate. The origins of our profession go back to and advocates for the poor. There are too many trial by combat and our folk heroes are still the tunnel-visioned lawyers, whoever their clients. Percy Formans, F. Lee Baileys, and the Melvin They raise every argument, no matter how settled Belli's of the litigating arena. Government and the law, "just in case;" they argue points of law public interest lawyers are sometimes as driven as they do not themselves believe are right-"let the the private practitioner, maybe more so since, in courts decide, that's what they're for;" they pre­ their case, the thrill of battle must become a pare hundreds, sometimes thousands, of interroga­ medium of exchange compensating for a more tories-"you never know what will turn up"-all modest income. We do not, I think, exalt enough for the client, of course. They note appeals they the skills of the counsellor, the conciliator and the have no intention of prosecuting, "to keep the compromiser in our profession; the lawyer who case alive." They set their calendars on the keeps things out of court, who doesn't file 150- assumption that they will never actually go to trial page briefs, who doesn't spend two years on on the scheduled day. They automatically seek discoveries, whose fees don't mount to six several continuances. It is a kind of legal games­ figures, but he or she is seldom the role model. manship that threatens to inundate our legal Brilliance, assertiveness, and wiliness are the glory system. qualities; but humanity, sensitivity, tolerance, The situation is perhaps more depressing on judgment, responsibility to the system of justice the civil side. Because criminal cases where indi­ deserve equal rank. Untrammeled advocacy can vidual freedom is at stake take priority, civil bring the system to a halt. In the era that you dockets lag even further behind. And yet, we know graduates enter, the most creative minds are that the "big case"-lavishly financed and staffed needed in working out alternatives to the cumber­ -malingers in the courts for years, while every some and time-consuming procedures of conceivable pretrial motion, discovery device, and prolonged trial and appeal. Ironically, in an interlocutory appeal is exhausted. Lawyers burn earlier era, this was the basic purpose of establish­ out, judges die and retire, facts become relics, and ing administrative agencies; we lawyers have the case drags on, for five, ten, fifteen years, with­ managed to make them the equal if not the master out a guilt pang on either side. I question if some­ of the courts in complexity, delay, and obfuscation. thing really is a "justiciable controversy" if it I do not want to disappoint those of you who cannot be brought to judgment in a few years' expected to hear a stirring call to arms for the legal time. We have only to remember that the carloads defense of the poor and the unrepresented. There of documents and the hundreds of thousands of is indeed much more that remains to be done pages of record must ultimately filter throu~h and before we can begin to claim that our system be digested by one man or woman, the judge. In provides equal justice for all. The poor are still most cases, the prolixity of counsel and the with us, still exploited and neglected; so are unwillingness to impose any requirement of battered children, neglected elders, those who are discipline on the case, only make the final judg­ homeless, jobless, sick, undernourished, unloved; ment by that lonely human being that much our prisons get bigger, more crowded, and more harder, even impossible in any realistic sense. But inhumane. there is no doubt it makes the lawyers and the In 1979, so many of the vital turbulent, eager clients who can pay feel great; defensive law, like social and political surges of recent history have defensive medicine, threatens to escalate the cost begun to flag: women's rights, the public interest of justice right off the common man's scales. Our law movement, civil liberties, labor reform, legal most precious commodities may become luxuries services, the whole swirling point and counter- 16 Featured Events

point that is called post-Watergate morality. In enthusiasm and assimilate them into the ever­ Washington today we hear: Congress is tired of changing American scene; who must obtain reform and self-flagellation; the public interest incremental victories in slow, painful negotiations lawyers have been coopted by the Carter adminis­ and alliances. These causes need lawyers who tration, or they have lost their gusto; civil rights commit to the long haul. There is, unhappily, a and civil liberties organizations are sagging, hard breed of legal gadfly-perhaps more prevalent in up for funds and not really in fashion any more; Washington than elsewhere-that darts in and the country's sense of outrage is jaded; the shock out of popular movements, who wearies after the headlines dim; the once-incisive jab of the initial press releases slow, a skipping stone that Naderite loses steam; Congressmen are afraid to ripples across the surface of the law and softly introduce legislation that will cost money. Energy, drops from sight. anti-inflation and balanced budgets are the only But whatever path your career takes you clarion calls the country heeds. The curse of along, how you perceive your lawyering responsi­ crusaders is that they become boring or, worse, bilities will be critical. Each lawyer must inject his irrelevant. or her own dose of morality into the job. Vital, This is indeed the critical middle age when far-reaching decisions are made in storefronts and those vital causes which lawyers naturally and in executive suites, and lawyers are generally rightly lead require new blood, new talent, and present in both places. My experience has been new vitality. My own brief time in government has that most of us journey in and out of several legal convinced me that it is as necessary to have careers in our professional lifetime-public relentless outside pressure in an ostensibly sym­ service, private practice, pro bono activities. And pathetic administration as in a hostile one. one of the never-ceasing wonders is how easily Government, by its very nature, is the moderator, able lawyers cast off one role and take on another. the balancer, the compromiser, and the popular I have joined many of my colleagues from the artist who paints the possible. A government that public interest sector in government service. I will says it wants and intends to do something about tell you that we who prided ourselves on our fundamental social and legal problems is more in rectitude as survivors on the outside have great need of prodding from the environmentalist, the trouble preserving the core of our beliefs while child advocate, the spokesman for the elderly and adapting to the far more complex process of the handicapped, the civil libertarian, than a survival on the inside. The danger is always that government that simply seeks to maintain a while our bureaucratic wiles flourish, our moral complacent status quo. Promising movements antennae wither. which flourished in the hostile government environment of the sixties and early seventies may now be choked by the indifference or by the unexpected bureaucratic pretensions of former allies. In this administration, public interest and movement lawyers have come to realize it is harder to fight and pressure political friends than opponents. They have met and defeated the enemy-the government-and now it is us. But the kind of lawyers these causes need are not the seekers of quick victories and newspaper headlines. It is common lore that new causes always attract the best and the brightest. But their long-term survival depends upon the second, third, and fourth generation of supporters who must hang in there and make basically sound programs and organizations work in new and sometimes more modest and less visible ways, who must buoy them up with new dedication and Featured Events 17

Finally, I would like to say something about neglected or abandoned along the way, now has the mix between the lawyer as a skilled and its counterpart population of women performing honorable professional and the lawyer as a man the same rite. The novitiate bent over the law or woman. I am convinced that in the new and books until three a.m. is just as likely a she as a he. expanding role of counsellor and conciliator, Can either afford to miss five years in the part­ human qualities and human experiences will nership scramble, or five rungs on the bureau­ emerge as much more vital factors in your career cratic ladder, to raise a child? patterns than you think now. The lawyer who Our profession-we are continually reminded listens, who can empathize, who can pick up the -is among the best paid not only in money but unspoken vibrations and unexpressed feelings of participants in sticky situations, who sees the dynamics of relationships is the person to whom people will tell things, share important insights, from whom superiors can expect critical loyalty, and the ability to cope in times of stress. These are attributes that come from living a full and varied life, not from law school courses or from a one­ dimensional dedication to the next best chance. It means sometimes doing the instinctive, not the smart thing, abandoning long-laid plans and moving out or on, taking career risks, doing jobs that are not the ones you wanted, or even the ones to which you are best suited, in order to be part of an overall effort you care about. The routes to a satisfying career in the law are not well­ marked; there are surprising shortcuts and depressing deadends. The women among you will forge new in power and egotripping. But we have yet to patterns of career and motherhood. Men gradu­ solve the equation of the decent human being and ates' lives will not be the same as their fathers' the competent and successful professional. My either. Few women will be immune from the generation of lawyers worry that they may be frightening pangs of parenthood; the omnipresent beyond redemption, but a lot of the young feeling that you cannot be both parent and pro­ lawyers I see are in danger of blowing it, too. fessional; the terror that the world and career will Lawyers should be the last Renaissance men and pass you by. women-not the new technocratic clones. Th e The dilemma of melding family and career law is a system for the solution of human and can last for twenty years-as many years again as social problems; if the people who command that you have now lived. It is a tough, frustrating, system fail themselves to meet the test of sometimes destructive time. The price of failure humanity, the system will fail, too. can be great in human terms. Our profession and I hope I have not sermonized too long. Life our political leaders do not, I think, yet recognize and lawyering are fun, agony, frustrating, energiz­ and credit the relentless demands that family life ing; one never is really satisfied that one has now makes on women (and perhaps in time will not, in Justice Story's words, " on trifling points make on men) lawyers; they persist in still talking . .. time [n]or talents waste." My basic message to ahout "choices" that no one should have to make. you is that you bear a higher responsibility to your For all of you, no aspect of your lives will be more profession and to your country that after 200 important than the middle years with your years still relies predominantly on its legal system husbands, wives, lovers, children and the way your to deliver justice. You have to help make that professional life supports or corrodes those rela­ system work in troubling times. I wish you all tionships. Washington, once the province of spectacular success in your careers, your lives, and workaholic men and the wives and children they in your duty to your chosen profession. 18 Beyond Mere Competence

Editor's Note: Professo r A. Leo Levin, L'42 , Director Beyond Mere Competence of the Federal Judicial Center, wrote this article at the request of the editor of the Brigham Young by A. Leo Levin University Law Review. It was one of six scholarly commentaries which followed an ambitious work Professors Gee and jackson have given us a by C. Gordon Gee, Associate Dean and Professor comprehensive overview of the major issues of Law at}. Reuben Clark Law School, Brigham confronting legal education today. In addition, they Young University, and Donald W. jackson, Associ­ have provided historical and comparative ate Professor, Department of Political Science at perspectives, impressive arrays of information in Texas Christian University, entitled " Bridging the many areas, and unique insights and analyses Cap: Legal Education and Lawyer Competency." throughout. Featured in the special legal-education sym­ It is hard to dissent from their judgment that posium issue of the Brigham Young University Law legal educators, like lawyers generally, tend to Review, Volume 1977, Number 4, the jackson-Gee accept change with something less than marked article was aided by a grant from the Council on alacrity and wild enthusiasm. Instead, legal educa­ Legal Education for Professional Responsibility, tors customarily view proposals for change with a Inc. (CLEPR ). Gee and jackson attempted, in their firm conviction that the burden of proof rests with work, "to evaluate the processes and prospects for those who would alter the status quo. Despite the stability or change in American legal education." apparent resistance to change, the perspective of They, in essence, ask the questions: history may reveal that legal education has under­ "1. What are the notable issues in American gone greater change during the past two decades legal education? than those who would move more rapidly appre­ 2. What perspectives do the history of legal ciate. Clinical education has been accepted as a education and bar admission in the United major force in most law schools, thanks in large States, the experience of England, and the measure to the thinking and funding of the experiences of other professions offer on Council on Legal Education for Professional current issues in American legal education? Responsibility (CLEPR). Local rules permitting 3. What appear to be the significant trends student practice have been adopted in both state in American legal education? and federal courts. Law school class electives and 4. What are the dynamics-the interplay of alternative educational programs have proliferated, forces and factors-that determine change even though no one program has gained accept­ or stability in American legal education? ance on a national scale. Indeed, the vast increase Former Professor of Law at Yale and, presently, in the number of young men and women seeking the President of Haverford College, Robert B. a legal education is itself a significant external Stevens, remarked in his preface to the jackson­ change having a marked impact on the quality of Gee work that Professor Levin's commentary, legal education obtained in law school classrooms which follows," . .. aggravates the guilt that is the and corridors. The fact that external stimuli rather job of the legal educator . ... " than decisions made within the law schools are primarily responsible for change does not alter the event nor diminish its significance. Although past years have seen changes, many issues, which distinguished observers expected to have been resolved by now, remain yet undeter­ mined.1 That so many questions remain unanswered may indicate that, however great the need for improvement with regard to specifics, legal education is still fulfilling its basic mission in a fashion acceptable to the great majority of lawyers, judges, and law teachers. It is therefore unlikely that any single, uniform proposal for

1. E.g., Gorman, Proposals for Reform of Legal Education, 119 U. Pa. L. Rev. 845, 847-48 (1971) (d isc ussing the issue of interdisciplinary study). Beyond Mere Competence 19

reform will be embraced by the legal profession doctrines, interpret precedents, and draft enforce­ as a whole. Legal education will probably continue able agreements. It is not wise to assume that we to develop much like the common law. Develop­ should expect less of lawyers choosing to practice ments will remain interstitial and incremental, the in small towns instead of urban centers, or in significance of each step being appreciated only neighborhood settings rather than financial as one surveys the cumulative effect of a large districts. number of small steps. Concerns of faculty mem­ Education in the "grand manner" should do bers, strictures on financial resources, and other more than enrich the lawyer's life with apprecia­ factors noted by Professors Gee and jackson will tion of subtleties and dimensions otherwise inevitably continue to play important roles. ignored. Education in the grand manner serves its To continue the common law analogy, we purpose fully if it enriches the lawyer's capacity to should recognize that legal educators, like serve his clients, improve his profession, and common law judges, must necessarily determine elevate the life of the law. There may be something long-range goals in charting a course of the future. to be gained from considering for a moment the Professors Gee and jackson report that today the goal of law teaching and the methods by which we "magic elixir" is competence. Holmes, almost a strive to meet it. On that basis, we can explore­ century ago, addressed the question of what was by way of example-legal education's potential the proper "business of law schools," and his for enabling lawyers (1) to see ethical problems in emphasis was rather different than the prevailing litigation that they might otherwise not see; (2) to view reported by Gee and jackson. In an "oration" see ethical problems in the legal system that they delivered in 1886, Holmes said: have an obligation to help weed out; and (3) to comprehend the body of the law as a living thing Education, other than self-education, lies mainly rather than a static set of doctrine. Finally, we can in the shaping of men's interests and aims. If you convince a man that another way of looking at examine how education in the grand manner may things is more profound, another form of pleasure be furthered by developing the capacity in the more subtile than that to which he has been system to blend the rich perspectives of the accustomed-if you make him really see it-the very nature of man is such that he will desire the academician, the practitioner, and the judge in an profounder thought and the subtiler joy. So I say the effective teaching setting. business of a law school is not sufficiently described We begin by considering ethical problems in when you merely say that it is to teach law, or to make lawyers. It is to teach law in the grand manner, and to litigation that law students might otherwise ignore. make great lawyers.2 Gee and jackson underscore the importance of professional responsibility when they state that Education in the "grand manner" must certainly lawyers should be "profoundly aware of ethical include competence, and-1 should like to suggest questions and standards."3 To be profound, -competence properly understood may well be knowledge or awareness must reflect a personal best achieved by education that at least approaches understanding that affects one's professional the grand manner. judgment and actions in a continuous and power­ Gee and jackson's figure of speech, referring ful way. Teaching this awareness is an exceedingly to competence as the "magic elixir," is apt. Like difficult task. Perhaps even more difficult is other forms of magic, however, competence is a measuring whether we have been successful in term difficult to define. Indeed, as the authors our efforts. Serious practical and theoretical themselves readily acknowledge, competence is problems are encountered in the attempt to not always easy to recognize even when observed. evaluate how and to what extent legal education Difficulties of definition and recognition aside, it teaches this profound awareness of ethical ques­ is nevertheless important not to aim for too low a tions and standards. A consideration of how law level of competence. The legal profession should schools approach the teaching and examination of not be satisfied with minimum competence as a legal rules and doctrines may reveal the fact that goal, particularly if greater competence is attain­ where legal education has been deficient in able without excessive incremental costs. More­ teaching profound ethical awareness, the students over, society is entitled to expect more of its of that education may be among those least able to lawyers than a rudimentary ability to manipulate sense the deficiencies. 2. 0. W. Holmes, The Use of Law Schools, in Collected 3. Gee & Jackson, Bridging the Gap: Legal Education and Legal Papers 35, 37 (19201 (oration before the Harvard Law Lawyer Competency, 1977 B.Y.U.L. Rev. 963. School Association (Nov. 5, 1886)). 20 Beyond Mere Competence

Probably no single major premise of legal challenge, law school graduates, not perceiving the education is more familiar to law students and educational failure, will be unable to identify their professors than the proposition that rules of deficiencies when responding to questions con­ law have not been "learned," let alone mastered, cerning the success or failure of the law school in until they can be applied to concrete fact situa­ giving them the tools with which to successfully tions. Indeed, we typically test for mastery of practice law. A vicious cycle is thus identified: The doctrine, not by asking about the doctrine directly, deficiency that is never recognized as such will but rather by posing a fact situation in which the likely remain unremedied. Whereas a lack of sub­ doctrine is relevant. In legal education we stress stantive knowledge or inadequate skill in drafts­ issue identification because we consider it rela­ manship hopefully will be perceived and cor­ tively useless to know a rule without being able to rected, what remedial action can be expected recognize situations where the rule is relevant. If a when the deficiency itself is failure to perceive the lawyer cannot recognize an issue, it will do him no need for remedial action? good to know the governing ru Ie. On the other In the area of ethics, for example, legal educa­ hand, if he can see the question, it is usually tion has a vital role to play in breaking this vicious possible, with a little time and effort, to discover cycle. It was, at least until recently, common for the state of the authorities that may or may not legal educators to ignore ethical problems, finding provide an "answer." Thus it is not unusual to see it fashionable to assert that fundamental traits of the weak student emerge from an examination character are unlikely to be changed by anything rather less troubled than his more knowledgeable the law schools can do with respect to ethics or classmate, simply because the latter has grappled professional responsibility. Perhaps this is partially hard with problems of which the former was true. But there remains a clear role for legal edu­ oblivious. cation at least to identify situations involving This phenomenon can be analogized to the issues of ethics and professional responsibility that pitfalls of relying too heavily on data forms or require character judgments. questionnaires addressed to lawyers, asking Let us turn to specific examples. Litigation whether and in what ways they were or were not tactics have long been a fertile source of difficult equipped by their legal education for the practice and frequently subtle problems of ethics and of law. To the extent that lawyers report per­ professional responsibility. Some behavior is ceived deficiencies in their education, the data clearly unethical and thus, by definition, removed are valuable. However, to the extent respondents from the arena of tactics and neatly labelled as report no perceived deficiencies in their educa­ unprofessional conduct, unworthy of any self­ tion, the data may tell us relatively little. To put the respecting advocate. Further along the spectrum matter another way, one who is totally unaware of are any number of situations in which attorneys the role of vitamins in a well-balanced diet can must draw that fine line between a legitimate hardly be expected to report a vitamin deficiency tactic and unethical behavior. regardless of the state of his diet or health. There­ The tactical use and abuse of discovery pro­ fore, because of the great possibility that attorneys vide a prime example. It has long been suggested will not perceive a lack of those qualities or skills that some attorneys use the taking of depositions -some related to ethics and others not-of which as an opportunity to multiply the expenses of an · they are in greatest need, it is important to avoid opposing party, hoping thereby to obtain a more placing undue reliance on surveys of attorneys~ favorable posture for settlement. In fact, there is who report no perceived deficiencies. evidence that the cost of litigation has become so While it is uncertain whether these various oppressive that many would-be litigants are denied deficiencies are best remedied by undergraduate effective access to the courts. As a result, the entire legal education or by some other means, it is process of discovery is currently being reexamined 5 apparent that legal education should do more to with a view toward significant improvement. Yet, sensitize future lawyers to problems and issues of 5. E.g., American Bar Association, Report of Pound which they might otherwise remain oblivious. Conference Follow-up Task Force, 74 F.R.D. 159, 191-92 Indeed, if legal education should fail to meet this (1976). Chief judge Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit recently announced appoint­ 4. Primarily that survey data cited in id. at 927-63 ment of a special circuit commission to study reducing (Section VII). litigation costs. Federal Courts Act to Improve Accessibility, N.Y. Times, Oct. 30, 1977, § 1, at 61, col. 7. Beyond Mere Competence 21

regardless of future definitional and structural ducted. For example, what is the propriety of changes, it is of critical importance that attorneys using process servers engaged in such odious who unscrupulously exploit the discovery process practices if, at the request of a particular attorney, should have been taught to recognize the ethical they would give the attorney or his law firm problems presented by resort to such tactics. involved in the litigation every assurance of I am confident that if the problems are identi­ properly serving each and every summons? More­ fied as ethical issues, the bar will generally rise to over, what is the obligation of an attorney who is the perceived need and will identify the circum­ not involved in litigation at all? Does such an stances under which burdens of discovery imposed attorney, as a member of the bar, owe any on the opponent cross the line from the per­ particular obligation to improve the level of the missible to the forbidden. If the problem is never profession? identified as such, it is difficult to feel any Even though Canon 8 of the Code of Profes­ measure of confidence that solutions will be sional Responsibility mandates that " [a] lawyer proposed, let alone accepted. Although this prob­ should assist in improving the legal system," these lem has been ignored for too many years, it is an precatory words hardly provide a definitive area where legal education definitely has a role to answer. While the Canon is relevant to the inquiry, play in sensitizing our future lawyers. it says too little or proves too much. This is an Let us next turn to a distinct but related area with which education in the grand manner problem, that of the attorney's obligation not only should deal, if only to sensitize future members of to avoid impropriety himself but also to contribute, the bar to the potential obligations inherent in as a member of a learned profession, to the membership in a learned profession. Once again, improvement of the system as a whole. The if the law schools do not accomplish this much, is problem of the so-called "sewer service" of there not the risk that the very problem will go process provides an example. A little over a unnoticed? decade ago it became obvious that in a number of We next turn to yet another instance where, urban centers the rights of certain minorities, and without sacrifice of basics, legal education should of poor people generally, were being violated in attempt to develop a law student's potential to its massive numbers by the filing of false returns of fullest. The truly competent lawyer should be able service. To borrow a figure of speech, process to comprehend the body of the law as a living servers were dumping legal papers into the sewers thing rather than a static set of doctrine. Knowl­ of the cities, filing false returns, and relying on edge of existing substantive law is always valuable; execution process, usually by way of garnishment, yet, proper legal training should include the ability to inform the named defendants that default judg­ also to contribute to the development of the law. ments had already been entered against them. Therefore, a sensitivity of the weaknesses and Though remedial action was ultimately taken infirmities of long-established doctrines may be on a number of levels, including prosecution for more important than a knowledge of the substance violation of federal laws, the primary question was of such doctrines. This is aptly illustrated by a and is whether the organized bar had then and recent United States Supreme Court decision in continues now to have responsibility for cleaning Shaffer v. Heitner/ rendering obsolete a vast out what may be termed little cesspools on the amount of received learning in the area of quasi in periphery of the profession. Is it the obligation of rem jurisdiction. The decision was not the coup de a member of the bar, or of the organized bar, to grace administered to a doctrine already riddled assume the initiative for eliminating such abuses? with exceptions by lower courts. On the contrary, To its credit, the Association of the Bar of the City although there were a few lower court opinions of New York did indeed feel such an obligation inviting reconsideration of the major premises of and consequently focused on the difficulties quasi in rem jurisdiction, there was no clear fore­ through special committee reports and other shadowing of what may properly be termed a organized activities. basic change. This type of situation should be grist for the The successful practitioner, like the prevailing law school mill. In typical Socratic fashion, a attorney in Shaffer, is one who has been educated series of hypothetical probings could be con- 6. 433 U.S. 186 (1977). 22 Beyond Mere Competence

to question accepted doctrines and to be sensi­ given a taste of reality and can learn to cope, not tive to the vulnerability of received learning. Legal with a textbook answer, but with what he might education can contribute significantly to the well expect in real life. development of these qualities of mind if we do The potential, however, does not end with not either dilute the definition of competence or role playing or with the development of the skills aim so low in defining the goals of legal education of the practicing lawyer in the educational context. that we ignore such training. Indeed, this dimen­ Thoughtful judges, trial and appellate, can provide sion of legal education can and should be a fresh and enriching perspective to traditional emphasized in both practice- and theory-oriented discussions of theory. Whether the subject is the law school classes. desirability of compulsory psychiatric examination It bears repetition that sensitivity to questions of certain witnesses, the wisdom of pretrial settle­ of ethics and professional responsibility and to the ment procedures, or the advisability of proposed weaknesses and infirmities of substantive law changes in the substantive law, one who spends should be of concern to solo practitioners as well his professional life on the bench or in represent­ as to partners in large firms, to lawyers in small ing clients with particular needs and interests has towns and rural communities as well as to lawyers much to offer. It would be good to see a greater in urban centers. Indeed, optimum legal reform willingness on the part of academicians to reach cannot be achieved without considering the out and to involve both judges and practicing different and valuable perspectives of small-town lawyers in strictly academic aspects of legal edu­ practitioners. cation, thus enriching the experience for all Professor Walter Gellhorn has put it even concerned. No doubt a seminar setting is more more broadly in an observation applicable not conducive to such efforts than is the traditional only to the development of the substantive law, classroom. The point, however, remains. but to the entire range of professional practice. By the same token, professors have a great "A law student," he wrote, "needs curiosity, not deal to offer the organized bar as it deals with simply about the immediately relevant, but about topics as diverse as the operation of small claims the seemingly 'impractical' as well. A law student courts, alternative mechanisms for dispute resolu­ is training, after all, not to meet the demands of tion, reform of grand jury procedures, or the the moment at hand or already in sight, but for refinement of no-fault statutes. Perhaps it has work whose contours can only be guessed at."7 always been that way, although many would deny Typically it is easier to define goals than to it. It is beyond cavil, however, that today there prescribe how to achieve them. What sufficed for is a genuine contribution which professors are education in the grand manner when Holmes making and which should be encouraged, and, wrote can hardly suffice today. Fortunately, our indeed, expanded. Happily, there is strong evi­ processes are changing. The burgeoning of clinical dence that the organized bar is receptive to that education has been widely noted. Perhaps less contribution. Continued interchange between widely noted is the fact that these programs fre­ these complementary divisions of the legal quently serve to forge a partnership in education profession will inevitably have a beneficent effect between practitioner and academician. This union on legal education. is a healthy development. There is advantage to It is appropriate to conclude by recording yet bringing together those whose focus is on theory another contribution of Professors Gee and and those whose focus is on the needs of clients. Jackson. They have focused our attention on the The sitting judge also has much to offer. He is process of change. Their valuable work invites uniquely qualified to lend a sense of reality to reexamination of the status quo and thoughtful proceedings in a classroom intended to simulate consideration of alternatives. While change is not proceedings in a court. If he rules as he would rule rapid, and should not be, there is a sense of in his court, if he acts as he would act in his court, motion in legal education. The multiplicity and the relevant question is not whether he has ruled diversity of radical change currently on the agenda correctly, but rather whether the student has been serves as a denial of complacency and an affirma­ tion of a willingness to reexamine. Given that much, one can expect improvements in the decade 7. Gellhorn, Preaching That Old Time Religion, 63 Va. L. Rev. 175, 183-84 (1977). ahead. 23 Conveuatlon w1th . Professor John 0. Honnold

Editor's Note: Professor John 0. Honnold, William A. Schnader Professor of Commercial Law, grew up on an Illinois farm. He is a graduate of the University of Illinois and earned his LL.B. at Harvard Law School in 1939, where he was a law review editor. He practiced law on Wall Street and, 2 years later, worked with the government for the S.E.C. and then for the Office of Price Administration. Mr. Honnold joined the Penn Law Faculty in 1946. For the year 1957-58 he was a Senior Fulbright Research Scholar at the University of Paris Law School, working on Journal: Your achievements in the modation to the Law School. a proposed uniform law for the area of Commercial Law have Honnold: Yes . I sometimes think International Sale of Goods. In been widely recognized both of the opening sentence in Look 1964, he served as United States nationally and internationally. Homeward, Angel, which says representative to a diplomatic What, in your legal education or something about how the conference at the Hague which in your experiences as a prac­ speaker's life was cha nged be­ took affirmative action on this ticing lawyer, fostered the cause a cutthroat in England had uniform law. From the years development of that particular gone unhung. 1969-1975, Professor Honnold interest? There is one other area of was Chief of the United Nations Honnold: As to legal education, my career-the international side Trade Law Branch , in charge of this may seem odd, but I didn't of Sales-which has been my legal work for the United Nations take Sales. The course had a bad special fun in recent years. That Commission on International name at Harvard. When I too seems partly happenstance. Trade Law (UNCITRAL). He accepted the job here at Penn, I Back in 1956-57, I learned that presently serves as a U.S. repre­ was told that I could teach in the work was underway in Europe to sentative to that body. area of Public Law, the field in develop a uniform law for inter­ Mr. Honnold has written which I was working in Wash­ national Sales. I decided to numerous books and articles and ington. Well, when I spoke to devote a sabbatical to work in has co-authored the first three Jim Chadbourne, then chairman that area and, with the help of editions of a casebook on Consti­ of the Curriculum Committee, I Fulbright and Guggenheim tutional Law. He engaged in civil found that I had walked into a grants, my family- my wife, chil­ rights litigation in the mid- problem. The person who had dren and !-spent 1957-58 in 1960's, and has been a member been teaching Sales had become France. In taking that plunge I of the Board and Executive ill, and I was needed to teach was encouraged by Professor and Committee of the American that subject. So I had to go into ex-Dean [Edwin R.] Keedy, who Friends Service Committee. my first year of teaching prac­ took what we sometimes felt was Professor Honnold teaches tically cold. What happened was too intense an interest in the Constitutional Law, Sales and that I developed a taste for Sales, development of the "new" Admiralty. and my students and I have been Faculty. He, himself, had had learning the subject together ever wonderful experiences in France since. working up the comparative law Journal: So your life's work began side of Criminal Law. Keedy was unexpectedly through an accom- a bachelor and often spoke of 24 Conversation

"the French mademoiselle in I had been agitating for some Grenoble" with whom he would years. In fact, I may have made sit in a cafe sipping Pernod while the first published recommenda­ improving his french. He thought tions for just this step. Actually, that I should have a similar it was the Hungarians who had experience. Fortunately, that was the political savoir faire to take what I wanted, too. the lead in setting up the new journal: Then the 1956-57 legislative body, the U.N. Com­ European sabbatical marked the mission on International Trade beginning of your career in Law (UNCITRAL). I was a United international commercial law. Journal: You must value your 5 States representative for an early Honnold: Certainly, after that years of service to the United session of UNCITRAL, but then things developed with a rush. Nations as Chief of their Inter­ was asked to be a United Actually, I took the draft of an national Trade Law Branch as one Nations international civil servant article on a uniform law for the of the major accomplishments of in charge of the drafting work to international sale of goods to your career. Can you recount the be presented to the legislative France with me. I used this as a events which led to your having body. As you can imagine, it was calling-card to talk with people been "on leave" from the Law a fascinating challenge to shift who had similar interests, and it School for those years? from representing a government helped a great deal. When I Honnold: Acwally, for most of to being an international official came back to the States, I pub­ the time, I was not on leave. who takes a solemn oath not to lished the article and, by good University rules prohibited leaves follow the dictates of any govern­ fortune, the development of for more than 2 years. In the ment and to represent the widest uniform law for international beginning of my second year at possible interest. trade proved to be a growth the U.N., I saw that I could not journal: What transpired during industry. Within 6 years after the bear to give up my work so, in this period when you led the sabbatical, a diplomatic confer­ what was a very solemn decision, legal work for the international ence was held at The Hague to I resigned from the Law School. legislative body UNCITRAL? finalize a draft of the law. At that A place was held for me, how­ Honnold: I had the fun of time, there were very few in the ever; and, at the end of 5 years, developing and working with a United States with any back­ on a Friday, Bernie Wolfman marvelous international staff. One ground or interest in that area, so phoned me to say that on of them became an Attorney I became part of the U.S. dele­ Monday afternoon the Faculty General of the State of Israel. gation that worked for 4 weeks at would act on a recommendation Now a justice of that country's The Hague to finalize the law. to fill my spot unless, by Monday Supreme Court, he recently The drafting had been dominated morning, I would agree to return. accompanied Menachem Begin by Europeans and, although the I couldn't bear the thought of to Camp David and to the Nile, law has been put in force by never coming back or of spend­ receiving praise from both Begin some countries in Europe, there ing my last years in New York and Carter for his contributions is little chance of present wide­ City, so I returned. to that delicate work. Another, spread use. One of my jobs at journal: Your decision to leave who came from the other side of the United Nations was to lead the U.N. must have engendered the mid-east from a small village the work to revise this law so feelings of ambivalence. in the Sudan, did stellar work at that it could be accepted on a Honnold: It wasn't easy. The U.N. Oxford, at the University of world-wide basis. So you see how work was exciting and satisfying. Chicago and at Harvard, and one thing leads to another. My It was my good fortune to drop now he is Attorney General of sabbatical venture and the Hague into a new field where it was the Sudan . There were other experience in ·1964 led to various easy to succeed. A new legisla­ fascinating and able members of other international involvements tive body had been established to the group. The truth is, we were and, eventually, to my work at the approve uniform law for inter­ known as a close-knit, hard­ United Nations. national trade, a step for which working, classy outfit. Conversation 25

And now, the laws that we who were in my first classes. helped prepare for action by the journal: Having practiced law international legislative body are both in a large firm and with the being approved by international government, do you think that diplomatic conferences and are dealing with the "real world" for going into force. Our UNCITRAL a period of time is an essential Arbitration Rules quickly went element for a teacher? Is it impor­ into use. Then, last March, I was tant to touch reality in order to at Hamburg as a United States gain perspective? representative to a diplomatic Honnold: It's hard to say. Some conference to finalize a law that not too difficult to succeed . Work people's imaginations may be I had worked on at the U.N.- on human rights is more impor­ solid enough so that they don't a law developing new interna­ tant and more difficult. Our work need experience from "out tional rules on responsibility of was technical and hit fewer sensi­ there." But most of us need a ocean carriers for cargo. On the tive nerves. Until now there has fair amount of contact with con­ final day of the Conference, the been no workable basic law for crete, real situations to enable new Convention was approved international trade. So there is our imaginations to be more by a vote of 66 countries in favor, every reason for the various coun­ realistic. none opposed, 4 abstentions. tries' representatives to want to journal: You practiced law with a Although countries are permitted cooperate and compromise Wall Street firm upo~ graduation to join later, they often formally toward bringing new law to this from Harvard Law School. How sign during the first year of area. Sometimes, in joking with did a young farm boy from passage, and I had the great thrill delegates from eastern Europe, I Illinois fare in these places? -on April 30-of receiving a call have enjoyed saying, "You have Honnold: Sometimes I felt awk­ from our state department saying nothing to lose but your chaos." ward, but it seems that the "farm that the United States had just journal: You made mention boys" did as well as anyone. I signed the Convention, making a earlier that about the time of your noticed that a goodly share of the total of 27 countries that signed arrival at the School in 1946, a leading partners in the big Wall in this first year. A second similar "new Faculty" was appointed Street firms, like the one I was step will take place next March at which became part of the Law with, had come from farms or an international diplomatic School's post-war rebuilding pro­ small towns in the Midwest. conference in Vienna to finalize a gram. What people constituted Maybe that's because most of us uniform law on international that group? were so anxious to get away from sales-the law on which I had Honnold: Earl Harrison was the the farm . begun work in 1956-57 and which Law School's new and vigorous journal: Have you ever enter­ we revised through the world dean at the time. During the war tained thoughts of returning to body so that it would be accept­ years there had been some attri­ " the farm"? able outside of Europe. I feel con­ tion and with the flood of vet­ Honnold: I wish that Illinois we .~ fident that this law will be gener­ erans returning to the School, it not so flat. I've gotten used to ally approved and will provide was necessary to add several to Pennsylvania's green hills. In the first basic uniform law for the the Faculty. Paul Bruton was Illinois the tall july corns hems world's trade. Chairman of the Committee on you in. And the winters are bleak journal: It is rare that a person Appointments. The new crew in­ with barren corn stubble and flat with dreams and visions has the cluded Lou Schwartz, George plowed fields all around. But I good fortune to realize the Haskins and me, and three others do have fond memories of that fruition of his/ her labors from who have since left. There was a life-perhaps happier in retro­ their genesis. You must take great lot of joking among the students spect than when I was actually pride in your contributions. about the "second team" as con­ on the farm. Honnold: It is a wonderful trasted to the "first team"-the journal: In the mid-1960's, as feeling. Much of the fun comes pre-War Faculty. I still wince Chief Counsel of the Mississippi from being in an area where it's when I meet leaders of the bar office of the Lawyers' Committee 26 Conversation

for Civil Rights Under Law, you persuade the local judges to let Journal: Your son has, of late, were in the thick of litigation at a them out. But these young peo­ entered "The" Profession. Did decisive period in the history of ple felt that they were an integral you influence his decision to the civil rights movement. Now part of their group and of an become a lawyer? that you have a 15-year perspec­ important development. As soon Honnold: His choice was his tive, can you assess what came as they were released, they own. After law at Yale (we both from the work done by the would join the on-going demon­ thought one Honnold at Penn Lawyers' Committee? strations, only to be re-arrested. might be enough), he is clerking Honnold: The Lawyers' Commit­ Needless to say, we had to learn for a judge on the D.C. Court of tee for Civil Rights Under Law on the run. This particular crisis Appeals. I hadn't any idea that was a small but useful part of a was building into something it would be such wonderful fun larger picture. What it did was which could have been destruc­ to have him working in the same to get the "bourgeois" bar tive but, fortunately, we were field. When we get together we implicated in the Civil Rights able to win a case in the Fifth just talk a blue streak. Movement. Most of the pioneer­ Circuit which got the people out Journal. We discussed earlier that ing work had been done by the of custody, establishing their your childhood was rooted in NAACP Legal Defense Fund and right to march down the side­ Illinois soil. How is your garden by the ACLU. But through the walk to present their grievance to in Swarthmore, Pennsylvania initiative of Bernard G. Segal the state legislature. But, as I prospering this year? (L '31), the Lawyers' Committee said, what we accomplished was Honnold: How did you know I'm was formed. It gave the ordinary only a very small part of the crazy about gardening? I have a practicing lawyer the opportunity larger civil rights effort. fair-sized vegetable garden. As to participate in the civil rights Journal: But for your 5-year stint early as February I was so tired movement; the committee did with the United Nations, you of winter that I began growing and is still doing very useful have been a member of the Penn seedlings in flats. Now I have work. I was the first Chief Law Faculty for 33 years. Most of more tomato, pepper and Counsel in jackson and told the Alumni who read this maga­ broccoli plants than we need. about some of our experiences in zine undoubtedly remember you I also enjoy our dozens of roses an article in the ABA JOURNAL as their professor. How has the and fight the Japanese beetle called, "The Bourgeois Bar and School changed over the years? with fury when that season the Mississippi Movement." Honnold: That's a big question. comes. One of my colleagues Journal: How different were those We seem to be coming to the said this week, "Cut out that experiences from the ones end of a cycle. During my U.N. farm talk. You can't be a farm encountered in a traditional years I missed a bad time for boy all your life." Well, I'm not practice? students, Faculty and Administra­ so sure.o Honnold: There's an enormous tion-a time of passion and change of outlook when an discontent, of frustration, and of attorney, who is used to repre­ student rejection of all types of senting one client, finds himself authority. Penn was relatively representing a movement. Before lucky, but didn't escape. The we could find our way to the wounds that were inflicted then courthouse, those of us in the pro­ seem to be healing and we are gram-eight practicing lawyers coming back to happier times. from all over the country-found Certainly now there's a wonder­ ourselves representing about ful spirit of closeness and of 1400 people who were being held interchange between students in a compound in the Mississippi and Faculty. The testimonies to State fairgrounds. The jails were this made by the student leaders too small. Many of these people at our recent commencement were just children, some 10 to 12 were sincere and true. years of age. It was easy to The faculty 27

Associate Dean Morris S. Arnold Company's production of This spring, Professor Alexander recently spent three weeks in Key Gilbert and Sullivan's Iolanthe Capron addressed the Second Biscayne, Florida, at the Law and (See Symposium in this issue of National Conference on Genetics Economics Center of the Univer­ The journal) . and the Law in Boston, on " The sity of Miami, where he attended Continuing Wrong of 'Wrongful an institute for law professors on Assistant Professor Stephen B. life'." He participated, as a Law and Economics. Burbank was appointed to full­ panelist and moderator, in a time faculty status on July 1. He series of programs on " Medical Professor Paul Bender has been will continue as General Counsel Progress and Human Values," elected Chairman of the Faculty to the University of Pennsylvania supported by the Public Com­ Senate of the University of on a part-time basis until July 1, mittee for the Humanities in Pennsylvania, to serve during the 1980. Pennsylvania at the Old Pine 1980-81 academic year. As Senate During the fall of 1977, Mr. Street Church in Philadelphia. He Chairman, he is also Chairman of Burbank delivered speeches on presented the luncheon address the Senate Advisory Committee the legal ramifications of the at the National Foundation's 4th and of the Steering Committee of Bakke decision at the annual Annual Symposium on Genetics the University Council. He will meeting of the Pennsylvania in New York in early June, and serve as Chairman-Elect during Association of Colleges and later that month he spoke on 1979-1980. Universities, and at a Workshop "Bioethics and the Family : Who In February, 1979, Mr. Conference on Minority Repre­ Shall Decide?" at the annual Bender gave a colloquium on sentation in Veterinary Medicine. symposium of the A.H .E.A.'s Human Rights and American In December, he presented Center for the Family in St. Foreign Policy to Penn Law testimony at a public hearing Louis. School Faculty and graduate held by the Internal Revenue During the year Mr. Capron students. In April, he addressed Service on a proposed revenue published two articles on brain a national meeting of the Board procedure with respect to non­ death in the Annals of the New of Directors and cooperating discrimination in private tax­ York Academy of Sciences, the attorneys of the NAACP Legal exempt schools. More recently introduction to an issue of the Defense Fund on Supreme Court he has spoken on the Weber case Southern California Law Review developments in constitutional and its implications for higher on the legal and social problems law during the 10-year tenure of education to the Fellowship raised by research on recombi­ Chief Justice Burger. On Law Commission. nant DNA, and a chapter on the Day, through a program spon­ In March at the request of legal responsibilities for the use sored by the Institute for the government of Ghana, Mr. of unapproved drugs with Political and Legal Education, Burbank presented evidence in a children in a book on clinical Professor Bender conducted a criminal trial in Accra. The pediatric pharmacology. He model law school class on the defendant in that proceeding was contributed three arti cles Bakke· case for a select group of accused, among other things, of ("Human Experimentation: Basic New Jersey high school students. forgery of official documents, the Issues," "Pronouncing Death : In May, former Dean now Judge originals of which had been Legal Aspects," and "The Right Louis H. Pollak, Professor Daniel submitted to the University of to Refuse Treatment") to the Segal, and Professor Bender par­ Pennsylvania to induce it to Encyclopedia of Bioethics, pub­ ticipated in a panel discussion of change the name on educational lished by Macmillan/ Free Press. "The Supreme Court and The records. A book he co-edited, Genetic Media" as part of the annual Mr. Burbank presented a Counseling: Fa cts, Values and meeting of the International paper on " Defamation in Norms, was published in May. Communications Association in Academia" at the annual meeting Professor Capron continues Philadelphia. of the National Association of to serve as a member of the Professor Bender portrayed College and University Attorneys Federal Judicial Center's Advisory the role of Private Willis in the in June. Committee on Experimentation Law School Light Opera in the Law. 28 The Faculty

Professor Louis B. Schwartz with Norval Morris. Assistant Professor Henry Hansmann was awarded the de­ gree of Ph.D. in Economics from Yale University on May 21, 1979.

Professor George L. Haskins has been elected to life membership in the American Law Institute. He has also accepted the invitation to deliver the annual lecture of the United States Supreme Court Historical Society in May 1981 on "Problems and Issues Before the Professor louis B. Schwartz, in Conference on Antitrust Law and Early Marshall Court." December of 1978, delivered a Economics at the Center for the talk at the Federal Bar Associa­ Study of Organizational Innova­ Christine D. Jackson, Registrar at tion's Antitrust Conference in tion, The Wharton School, in the Law School for twenty-three Washington entitled " Per Se November of 1978, appears in years, serving under Deans Rules: Moribund or Renascent?" 127 University of Pennsylvania Fordham, Wolfman, Pollak, and He has just completed a manu­ Law Review 919 (April1979). Oliver, retired from service to the script for Police in the Criminal School on june 30. She plans to justice System (which is the return to Georgia, her native second edition of the Law home. Enforcement Handbook for Police, by Louis B. Schwartz and Professor A. leo levin was Stephen R. Goldstein) to be elected to membership in the published by West in 1980. American Academy of Arts and Mr. Schwartz' essays on Sciences on May 9. Studying Law for Fun and Profit and Exploring Philadelphia, Assistant Dean Christopher F. orientations for new members of Mooney delivered a paper at the the Law School Community, will Villanova University Theology be published as a pamphlet by Institute on "Freedom and Plural­ the Law School. ism in American Religious Com­ He continues to collaborate mitment" on june 22. with the Senate judiciary Com­ mittee with Senator Kennedy, and Professor Curtis R. Reitz com­ with the House judiciary Com­ pleted work as reporter on the mittee with Congressman Drinan ABA Project Updating the on reform of the federal criminal Professor Clyde W. Summers was Criminal justice Standards first code, growing out of the work of one of five University of Penn­ developed in the late 1960's. On the National Commission on Re­ sylvania Faculty members to the original Standard, he was form of the Federal Criminal Law, have received the Lindback reporter for Criminal Appeals of which he was Director. Award-an award given annually and Post-Correction Remedies. Professor Schwartz will be for teaching excellence. In the Updating Project, he the first Merriam Distinguished reworked these two chapters and Visiting Professor at Arizona Professor Alvin C. Warren, Jr. was the additional chapter on State Law School in Tempe, the first recipient of the Law Appellate Review of Sentences. Arizona, for the 4th quarter, School's Harvey Levin Memorial The Updated Standard should be March-May of 1980. The paper Award for Excellence in Law published by 1980. delivered by Mr. Schwartz when Teaching. (See Symposium in he was a participant in the this issue of The journal). 29 /\\umn1 Dne~

'22 Russell J. Brownback of '41 Michael C. Rainone of Tax Policy at the University of Norristown, Pennsylvania, was Philadelphia was elected Second North Carolina Law School. honored by the township of West Vice-President of the Lawyers' Norriton for his 46 years of Club of Philadelphia. '50 Charles C. Hileman, Ill, service. He was cited as "the a partner in the Philadelphia firm paragon of the whole legal '42 T homas j. Gaffney of of Schnader, Harrison, Segal & profession." Philadelphia was elected Lewis, has been elected to an Treasurer of the Lawyers' Club of eight-year term on the Allegheny '24 Wendell Warner of Philadelphia. College Board of Trustees. Wayne, Pennsylvania, was Thomas M. Hyndman, Jr., a honored as a 50-year member of '43 Richard E. McDevitt of partner in the Philadelphia firm the Delaware County Bar Asso­ Philadelphia has been elected to of Duane, Morris & Heckscher, ciation at their annual dinner. the office of First Vice-President has been elected to the Board of of the Lawyers' Club of Phila­ Health Services Council, Inc. of '30 Harry M. Sablosky of delphia. Philadelphia. Norristown, Pennsylvania, has been elected treasurer of the '46 Hon. Curtis C. Carson, '51 Hon. Norma Shapiro of Montgomery Bar Association. Jr. of the Philadelphia Court of the United States District Court Common Pleas was appointed for the Eastern District of Penn­ '32 Hon. Max Rosenn of the for a one-year term by Pennsyl­ sylvania was honored by the United States Court of Appeals, vania Supreme Court Chief Philadelphia Women's Political Third Circuit, was awarded an Justice Michael J. Eagen to Caucus in March. Judge Shapiro Honorary Doctor of Laws degree membership on the Pennsylvania delivered the keynote address at from Dickinson School of Law at Commission on Sentencing. the dinner and was honored for their commencement exercises in "her outstanding legal career June. '47 Ro bert M. Landis, of the and community leadership." Philadelphia firm Dechert, Price '35, '36 LL.M. Irving Wilner and Rhoads, has been reelected '53 Harry V. KI ein, Jr. of of Washington, D.C., has retired for a three-year term to the Sunbury, Pennsylvania, has been from the practice of law and is a Pennsylvania Bar Association's elected President of the member of the Board of Grant House of Delegates. Northumberland County Bar Appeals for the Department of Association . Health, Education and Welfare. '48 Eugene W. Lederer of john P. Knox of Oreland, In the fall of 1979, a volume of State College, Pennsylvania, has Pennsylvania, has been reelected Mr. Wilner's poetry will be been elected President of the for a three-year term to the published. He is the proud Centre County Bar Association. Pennsylvania Bar Association's grandfather to five grandchildren. William E. Schubert of House of Delegates. Mr. Knox is Philadelphia has been elected a partner in the Ambler, Penn­ '40 H. Francis DeLone, a Corresponding Secretary of the sylvania firm of Timoney, Knox, partner in the Philadelphia firm Lawyers' Club of Philadelphia. Hasson & Weand. of Dechert, Price and Rhoads, Bernard Wolfman, former Irwin Edward Robinson has has been appointed by Senator Dean of Penn Law School and been appointed Corporate John Heinz of Pennsylvania to Fessenden Professor at Harvard Counsel to General Mills, Inc. the Federal Judicial Nominating Law School testified, in Decem­ and Secretary and General Commission of Pennsylvania. ber, at the request of the Com­ Counsel to Ship N'Shore, Inc. Robert j. Dodds, Jr. of missioner of Internal Revenue Mr. Robinson is a Captain in the Pittsburgh, Pennsylvania, has and, in February, before the Ways United States Naval Reserve and been elected chairman of the and Means Committee on "Racial is a member of the faculty of metropolitan board of directors Discrimination Guidelines for Philadelphia Community College. of that state's YMCA. Tax-Exempt Private Schools." In April, Mr. Wolfman lectured on 30 Alumni Briefs

'54 John H. Bozic, Jr. of eastern Pennsylvania Chapter of '65 Lita lndzel Cohen, Vice- Meadville, Pennsylvania, has the American Red Cross. President and General Counsel been chosen President of the for WHAT and WWDB radio Crawford County Bar Association. '59 Charles E. Mather, Ill of stations in Philadelphia, was Philadelphia has been elected named to Who's Who in Ameri­ '55 Ralph F. Scalera of Vice-Chairman and Vice­ can Women. She was reappointed Beaver, Pennsylvania, former President of the Pennsylvania by unanimous vote to serve for a United States District Court Academy of the Fine Arts. third term on the Lower Merion Judge, has been appointed to the Township (Pennsylvania) Planning State Ethics Commission by '60 Robert A. Miller of Commission, and was recently Governor Dick Thornburgh. Monmouth Beach, New Jersey, elected to the Board of Directors Edward L. Edelstein, a has been promoted to Senior of Solomon Schechter Day partner in the Philadelphia firm of Vice-President for Prudential School. Frank, Margolis, Edelstein and Property and Casualty Insurance Robert N. deluca, former Scherlis, has conducted Work­ Company, responsible for the First Assistant to the U.S. Attorney shops on Pennsylvania Work­ claims, law and operations for the Eastern District of Penn­ men's Compensation in both departments. Mr. Miller is sylvania, has joined the Philadel­ Pittsburgh and Philadelphia. The Chairman of the Alliance of phia firm of Dilworth, Paxson, Workshop was designed for the American Insurers legal Kalish, Levy & Kauffman as i nsu ranee industry. committee. counsel. '56 Hon. James R. Cavanaugh Ernest Preate, Jr., District of the Philadelphia Court of '61 Edward N. Adourian, Jr., Attorney of Lackawanna County, Common Pleas, has been of Moorestown, New Jersey, was Pennsylvania, was appointed in appointed to the Superior Court inducted as President of the April by Governor Dick Thorn­ of Pennsylvania subject to con­ Camden County Bar Association burgh to the Pennsylvania firmation by the Pennsylvania in May. Mr. Adourian is a partner Commission on Crime and State Senate. in the Camden law firm of Delinquency. Mr. Preate is Tomar, Parks, Seliger, Simonoff Chairman of the University of '57 William M. Barnes of and Adourian. He serves as Pennsylvania Alumni Committee Philadelphia has been elected to adjunct Professor of Trial on undergraduate pre-admission the office of Secretary of the Advocacy at Rutgers University for Lackawanna County. Lawyers' Club of Philadelphia. School of Law in Camden. '66 Donald S. Coburn of Edward E. Russell of Phila­ Mayor Shanken became Livingston, New Jersey, was delphia was elected President of associated with the firm of sworn in as the Essex County, the Hospital Attorneys of South­ Pelino & Lentz, 23rd Floor, New Jersey Prosecutor for a 5- eastern Pennsylvania at their Packard Building, 15th & Chestnut year term. Working with him are meeting in December, 1978. Streets, Philadelphia, PA, 19102, as of July 1,1979. Mr. Shanken 75 Assistant Prosecutors, 150 investigators, and 100 clerical '58 Howard Gittis, a partner previously practiced in Phoenix, Arizona. workers. in the Philadelphia firm of Wolf, Block, Schorr & Solis-Cohen, has '67 Walter W. Cohen, been elected to the Pennsylvania '62 CharlesB.Pu~elof Prison Master for the Philadel­ Bar Association's House of Dele­ Bloomsburg, Pennsylvania, has been reelected President of the phia Court of Common Pleas gates. Mr. Gittis was Chairman of Columbia-Montour Bar Asso­ since 1974 and Executive Director the University of Pennsylvania ciation. of the Philadelphia Commission Law Alumni Society's Law Alumni for Effective Criminal Justice, has Day on April 24. been appointed by Pennsylvania Duffield Ashmeade, Ill, of '64 James Robert Parish of Governor Dick Thornburgh to Philadelphia, was elected to the Los Angeles, California, is the author of two books-The membership on the Pennsylvania Board of Directors of the South- Funsters and Hollywood Happi­ Commission on Crime and ness. Delinquency. Alumni Briefs 31

Ira Mark Goldberg has been of the B. F. Goodrich Company of '72 David Kraut of Philadel- appointed the new Director for Akron, Ohio, as Secretary and phia has been named Chief the "Senior Citizens Law will report directly to the Com­ Regional Civil Rights Attorney for Project," operating under the pany's vice-president and general The Department of Health, Northern Pennsylvania Legal counsel. Mr. Craver was general Education and Welfare in Region Service, Inc., by The Lackawanna counsel and secretary at The Ill, which oversees the Philadel­ County Area Agency on Aging. Anchor Corporation, a New phia area. Mr. Kraut worked The project provides systematic Jersey based investment manage­ previously with Community and comprehensive legal services ment and financial services Legal Services here. His new to county residents age 60 or company, was assistant counsel duties consist of supervising a older. and assistant secretary at Massa­ 9-lawyer unit which serves as chusetts Financial Services, and legal counsel to The Office of Burton K. Haimes has '68 has practiced law with the firm of Civil Rights, an agency responsi­ been the New York partner in a Sullivan & Cromwell in New York ble for HEW's enforcement of Paris-based French law firm­ City. the Civil Rights statutes and Klein & Associates, Suite 1407, regulations governing recipients 110 East 59th Street, New York '71 Stewart M. Block has of HEW federal funding. 10022-since November, 1977. become associated with the Allen E. Rennett has become The firm specializes in invest­ Washington, D.C. office of Sidley a partner in the firm of Richards, ments made in the United States & Austin, 1730 Pennsylvania Watson, Dreyfuss & Gershon, by French and other European Avenue, N.W., a Chicago-based 333 South Hope Street, Los corporations. He is also Director law firm. In March, 1979 he Angeles, California 90071 . for Eastern operations for the became the father of a son, American Youth Soccer Organ­ Joshua Abraham. '74 Arnie Holland is Director ization, a not-for-profit organiza­ Barry E. Bressler has been of Business Affairs at Capitol tion which runs youth soccer admitted to partnership in the Records in H_ollywood, Cali­ programs throughout the country. firm of Meltzer & Shiffrin, 1500 fornia. He is married and has a W. Dennis Keating received Walnut Street, Philadelphia, newborn son. a Ph.D. degree from the University 19102. Alberto lbarguen is Vice­ of California at Berkeley's Depart­ William j. Moses, a partner President and Deputy Counsel for ment of City and Regional Plan­ in the Philadelphia firm of Hartford National Bank, 777 Main ning in November 1978. He is Dilworth, Kalish, Levy & Kauff­ Street, Hartford, Connecticut, presently teaching at New Califor­ man, was reelected President of 06115. He was appointed by nia College of Law and at the the Philadelphia Housing Devel­ President Carter to the Board of University of California at opment Corporation for a third Directors of the lnterAmerican Berkeley. term. Foundation. Gary A. Korn of the firm '69 William A. Burck, Ill is '72 lawrence R. Richard left Broad & Cassel, Bay Harbor Senior International Counsel to the practice of law in Delaware Islands, Miami Beach, Florida, Motorola, Inc., the Chicago County, Pennsylvania, for an has been named a Fund member based multi-national electronics administrative position with attorney of Lawyers' Title corporation. Mr. Burck "super­ Music Fair Enterprises, Inc. in Guaranty Fund, " the largest bar­ vises, negotiates and administers New York City. He is involved related title insurer in the United to the panic and joys of opera­ with the presentation of con­ States." tions in 36 countries directly and temporary entertainment. Robert G. Nath of Arlington, to 70 others on a sales basis. " Paul Tully of Philadelphia is Virginia is presently completing His specialties are acquisitions/ the new Executive Director of the his 4th year as a U.S. Department dispositions, and antitrust and Southeastern Pennsylvania of Justice (Tax Division) trial government regulation. Chapter of Americans for attorney, hand I i ng civi I tax cases '70 james B. Craver was Democratic Action. in the U.S . District Courts in the Northeast. elected by the Board of Directors 32 Alumni Briefs

David B. Pudlin is associated Law, and lsa has accepted a posi­ with the Philadelphia firm of tion as Associate Librarian of that Goodman & Ewing, specializing Law School's Library. in Tax. He has been appointed a Lecturer in Law at Temple Uni­ '76 james A. Backstrom, Jr. versity School of Law. has been designated Special Joseph F. Roda has been Assistant in the Office of Opera­ elected to the Board of Directors tions, Antitrust Division, United of the Lawyers' Club of Phila­ States Department of Justice. delphia. The Office directs all United Melanie j. Rowland is States antitrust prosecutions. Mr. Assistant Dean for Students, Backstrom was previously a Admissions and Financial Aid, at trial attorney with the Philadel­ the University of Washington phia Office of the Antitrust School of Law. For two years Division. prior to her appointment, Ms. Don Blumenthal is presently Rowland was Professor at that Legislative Assistant for Health school, teaching courses in Torts and Urban Affairs to Representa­ and in Legal Research and tive Louis Stokes of Cleveland, Analysis. She has been elected a Ohio, 2564 Rayburn House Office Director of the Washington State Building, Washington, D.C. Women Lawyers; was a speaker 20515. in San Diego, California, at a Conference on Women and the '77 Bruce A. Eisenberg is law Law; and co-chaired and spoke clerk to Judge Raymond j. Brod­ at a CLE seminar on "Women erick of the U.S. District Court for Clients: Expanding Rights and the Eastern District of Pennsyl­ Remedies." vania until August of 1979. He will become associated with the '75 Anthony j. Hom has firm of Stanley S. Cohen, P.A., 111 become associated with the firm North Charles Street, Baltimore, Reed, Smith, Townsend & Maryland 21201 and will engage Munson, 1600 Western Savings in a general and criminal practice. Bank Building, Philadelphia. '78 Mark F. Donahue will J.D. Howman is a partner in complete his clerkship for judge the firm of Brandons, 32 The Sweet (Southern District of New Terrace, Wellington, New York) in August and, soon after, Zealand. He is currently the will begin as a corporate asso­ resident lawyer on New ciate at Simpson, Thacher & Zealand's Consumer Television Bartlett in New York City. Program, " Fair Go." Mr. Howman james E. Nevels of Philadel­ is also Controller of Wellington phia was elected to the Board of Dury Solicitor Scheme-a law Trustees of Bucknell University in Morris l. Weisberg, '47, was society program, akin to the May. omitted from the 1977-78 list public defender-to assist all of William Draper Lewis Asso­ those accused in courts. ciates, which appeared in the lsa and Michael lang are Alumni Annual Giving Report, residing at 1225 Fifth Avenue, Winter 1978-1979, Law Alumni Salt Lake City, Utah, 84103. journal. Michael is Associate Professo r at We regret this error. the University of Utah College of 33

In Memoriam Walter Phipps, Jr., Conshohocken, PA, April 21, 1979 '27 Herman P. Abramson, Philadelphia, PA, '51 Jerome J. Cooper, Merion, PA, April 26, 1979 March 23, 1979 George V. Pepper, Millville, NJ, April17, 1979 '52 George B. Ritchie, Wilkes Barre, PA, December 22, 1978 '29 Morley W. Baker, Harrisburg, PA, June 16, 1978 '53 James J. Gallagher, Jr., Havertown, PA, Frank H. Massey, Hillcrest, MD, March 6, 1979 March 14, 1979 '64 William R. Traub, Bala Cynwyd, PA, John C. Phillips, Dallas, PA, April 20, 1978 November 1, 1969 '65 Stephen W . Peters, Los Angeles, CA, '30 George W . Keitel, Harrisburg, PA, October 27, 1977 April 21, 1979 '31 Charles S. Delaney, Carbondale, PA, January 11, 1977 Franklin C. Hutchinson, Villanova, PA, January 17, 1979 '33 Eugene H. Feldman, Philadelphia, PA, May 10, 1979 Lawrence N. Park, Glassboro, NJ, March 30, 1979 '34 Abraham Hofferman, Deerfield Beach, FL, February 27, 1979 '36 Harry E. Dickens, Philadelphia, PA, October 30, 1978 '37 F. John Bartilucci, Fall Church, VA, May 3, 1978 '39 Frank J. Toole, Sr., Shenandoah, PA, May 2, 1979 '40 Han. C. Budd Palmer, Easton, PA, February 19, 1979 '41 George W . Heuer, Jr., Norristown, PA, November 24, 1978 '42 Norman T. Hayes, Rosemont, PA, April15, 1979 Alexander Knight, Ambler, PA, April 23, 1979 '44 Professor James Alton Burnes, Gainesville, FL, June 6, 1979 '48 David Dunlap, Harrisburg, PA, October, 1977 William J. Fuchs, Haverford, PA, June 4, 1979 UNIVERSITY OF PENNSYLVANIA Non-Profit Org. U. S. Postage PAID Ttle Permit No. 2147 lAW ALU/\nl Philadelphia, Pa. JOUQ_IV\L

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