Making Way for the So's

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Making Way for the So's MAKING WAY FOR THE SO'S JAN 11870 OCT 27 1893 SEP 27 1911 JAN 18 1934 NOV 17 1959 MAR 191871 JUN 14 1894 JUL 2 1912 JUN 22 1935 APR 91960 NOV 30 1872 FEB 27 1895 MAY 18 1913 JUL 30 1936 JUN 14 1961 APR 23 1873 AUG 311896 MAR 27 1914 SEP 61937 OCT 25 1962 FEB 16 1874 JAN 20 1897 JAN 15 1915 MAR 191938 FEB 18 1963 DEC 2 1875 JUL 22 1898 AUG 8 1916 FEB 27 1939 JAN 311964 OCT 26 1876 APR 111899 SEP 29 1917 OCT 13 1940 AUG 2 1965 AUG 3 1877 FEB 6 1900 NOV 18 1918 MAY 23 1941 NOV 13 1966 MAY 111878 SEP 19 1901 MAY 27 1919 APR 12 1942 MAR 24 1967 SEP 29 1879 OCT 23 1902 APR 14 1920 DEC 4 1943 MAY 30 1968 JUN 17 1880 DEC 8 1903 OCT 311921 JUL 16 1944 SEP 111969 JUL 61881 MAR 16 1904 JAN" 2 1922 JAN 27 1945 OCT 26 1970 SEP 17 1882 MAY 27 1905 MAR 24 1923 APR 10 1946 JAN 211971 FEB 23 1883 NOV 6 1906 MAY 12 1924 OCT 29 1947 MAY 3 1972 APR 25 1884 AUG 13 1907 DEC 30 1925 SEP 20 1948 APR 28 1973 MAR 13 1885 FEB 4 1908 JUN 23 1926 MAR 15 1949 FEB 10 1974 NOV 211886 JUN 30 1909 APR 16 1927 MAY 30 1950 MAR 24 1975 JUN 91887 APR 16 1910 FEB 2 1928 NOV 14 1951 JUN 12 1976 OCT 25 1888 MAR 111929 FEB 23 1952 NOV 29 1977 , MAY 18 1889 OCT 26 1930 JUN 6 1953 SEP 24 1978 JAN 29 1890 NOV 3 1931 AUG 17 1954 OCT 111979 MAR 30 1891 MAY 14 ·1932 SEP 311955 FEB 29 1980 DEC 16 1892 AUG 211933 JUL 24 1956 MAR 111957 DEC 28 1958 ALUMNI QUARTERLY WINTER 1980 Legal Rights Mean S0n1ething to the Average An1erican ALUMNI QUARTERLY The Honorable Basil A. Paterson, Secretary of the State of New York, delivered the follow­ Volume I, No. 4 February 1980 ing address at the School of Law Alumni Association 25th annual Homecoming last December and has graciously consented to have it published in the Alumni Quarterly. Legal Ri ghts Mean Something to th e Average American ... .. .. .... .. Page 3 It's a Matter of Degrees .. ... ... ... .. ... .. .. .. .. .. .. ....... Page 5 et me begin by issuing a disclaimer. I'm Government - - - In Our Li ves to Stay Page 6 L not going to be presenting a legal brief FBI Agents + Virtuoso Violinist + Spanish Academy Honoree = TV Center Page 8 here. I want to talk about the problems and opportunities that I see facing all of us who St. j ohn's University Today ........ .... .... .. .... .... .. ... ... Page 9 are lawyers. Most of what I'm going to say is not new. I don't think-despite some dramatic What's Happening ? . ...... ... .. ... .. .. ... .. ..... .. .......... .. Page II changes over the.last few years in the law, as Alumni Personals ............... .. ... .... ... .. .. .. .. .. ... Page 12 well as in our profession-that the basic problems are different from what they were Redmen Sports ... From the Sidelines ......... .. .... ... ..... ... Page 17 five years ago or ten years ago. The legal profession has much to be proud Rome . An Exciting Adventure . .. .. ... .. .. .. .... ... .. Insid e Back Cover of. A quick review of issues of legal rights HONORABLE BASIL A. PATERSON Alumni Shopper's Corner .... .. ... .... ...... .... ... Inside Back Cover since the early 1960' s produced a list that is almost an index to the history of the last two losophy has been successfully translated at remembering fundamental social goals. decades. From civil rights to students' rights, through legislation and court decision into Do you remember how idealistic we all women's, gay and gray rights, the American rights protected by legal sanctions in the were in that first year of law school? In torts, ST. JOHN'S ALUMNI QUARTERLY, USPS 476-950, the Alumni magazine of St. J ohn's Un iversity, is legal and political system has been an arena areas of education, employment, housing and we learned that as a matter of social policy published fo ur times a year - May, August, November and February- by the Office of Alumni Relations. for social discovery. American political phi- personal rights, such as privacy. the costs of personal injury are allocated to The office is located at St. J ohn's University, Utopia and Grand Central Parkways, J amaica, New York Of course, we must never forget the distinc· those responsible through legal sanction. 11439; telephone (212) 969-8000, Ext. 23 1. Second Class Postage paid atJ amaica, New York 11 43 1, and al l tion between human rights and civil rights. That the laws of evidence, through the concept Basil A. Paterson began his political additional offi ces of entry. Human rights endure, but civil rights are of privilege, reflect basic social values such as career in 1965 when he was elected to molded to suit the tenor of the times. Not long the State Senate, representing the the integrity of the family. And we all learned ago, in the State of New York, a mother had to respect the law as the forum where the 27th district in Harlem. Paterson is a OFFICE OF ALUMNI RELATIONS the presumptive right to custody of the child. parties' differing ideals of what's fair and right double alumnus of St. John's University, Director Assistant Director This was perceived to be in the child's best are justly resolved. having received his B.A.from St. John's Dr. Edward G. Skirde Lucy A. Rustici interests. The presumption has been done And we know that that does happen. We College in 1948 and in 1951 his J.D. away with in the law as our perception of the know that some of our loftiest goals and our Assistant to the Director Assistant to the Director from St. John's School of Law. He is a child's best interests changed. The child now Queens Campus Staten Island Campus former president of the New York City most fundamental needs are addressed and has personally the right to have its best protected by the courts. But I think a caution­ Margaret A. Poole Mary M. Kenny branch of the N.A.A. C.P. Secretary of interests considered. ary note is in order whenever we are congratu· State Paterson has been a recipient of Editor I'm sure you're all aware of the recent lating ourselves: we cannot say that when the th~ Distinguished Service Award, important decision in this area having to do law is passed or the decision is rendered the Bernard P. Beglane presented by the United Auto Workers with the child/ parent privileged communica­ right is guaranteed. Alumni Qy,arterly and the Guardian Association, the tion, a recent Westchester County case. An examination of the history of the United Black Expo Award for excellence in Another very important case involves the States clearly demonstrates the progress which politics, and the James J. Joey Award question of whether a child has the independent has been made in areas of rights towards for Interracial Justice from the Catholic right to protection from search and seizure, Interracial Council. Paterson was citizenry unequal anywhere in the world. The even in a case where the search has been list of those which have been developed within awarded an honorary Doctor of Laws The opinions and viewpoints ex pressed in lhis magazine are not necessarily those of Sl. J ohn's University, its administration or i1 s officers. authorized by the child's parents. degree by St. John's University last the past half-century include: child labor laws, I think the courts and the legal profession year. universality of suffrage (one man, one vote), have done rather well in the last two decades worker's rights (including workmen's com- 3 pensation, hours, general conditions of employ­ Interestingly, one of the plaintiffs is Linda and expense involved. These procedures ment and the whole range of collective Brown Smith, now the mother of two students should include arbitration and mediation. bargaining), health codes (the Occupational in the Topeka, Kansas schools. The re-opening 4. We should be generating more published Safety and Health Act of the early 70's is of this case reminds us that pronouncements material for the general reader which explains about to be broadened to include protection about equal opportunity do not create equal in simple understandable terms legal rights It's a Matter of Degrees for public employees), unemployment insurance, opportunity. They are merely the beginning of and remedies. and Social Security. Civil service and anti­ a long and arduous road. 5. We should be providing in the earliest trust laws have been refined and offer more The challenge to our profession doesn't educational years simple courses on law and protection to the public. end with the court decision, any more than the the legal system, so that people gain some By Bernard P. Beglane The verdict of history on these legal gains, challenge to the larger society does. We are familiarity and comfort with the legal system. however, will depend on whether the historian not just practicioners but have a power and 6. We must not abandon the move towards is a philosopher, a legal scholar or a pragmatist. responsibility far beyond the active practice plain English for legal documents. Take for example the case of Brown v. of law. Statistics show that more and more Since the time of the Greeks, one of the r. James McCormack was in the Board of Education.
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