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1981 Vol. 29, No. 17, March 11, 1981 University of Michigan Law School

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Recommended Citation University of Michigan Law School, "Vol. 29, No. 17, March 11, 1981" (1981). Res Gestae. Paper 458. http://repository.law.umich.edu/res_gestae/458

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Vol. 29No. 17 The Uni,cr ~i t y of M ich igan Law School Wtdnc,day. March 11 , 1981 Bits of New Clinic Set To Go by Bob Ling research activities in various environ­ At its last regular meeting February mental areas and actively participating tative Joe Genereux, was a desire to Beef 27th the Faculty granted its "approval in the preparation of tria l briefs <1nd provide some balance to a curriculum in principle" to a Curriculum Commit­ legislative proposals a t the sta te and that is perceived to be too cor porate­ tee report which paves the way for the national level. The Oregon State clinic oriented. by Paul M. Hamburger Opponents of the proposal objected to establishment of an environmental law is under the direction of a Jaw faculty permitting the Law School to become President Reaga n and his son clinic at the Law School. The faculty ac­ member and NWF staff attorneys. The Michael recently ha d a father-son chat tion author izes the National Wildlife progr am at Colorado is run strictly by affiliated with a controversial concerning all ega lions that Mike F£:(leration CNWF), an environmental NWF representatives. organization such as the NWF and ex­ opera ted a phony gasohol company. group which proposed and will sponsor The faculty debate regarding the pressed concern that other special in­ terest groups would demand equal ac­ Mike claimed that the local prosecutors the program, to come forth with plans Curr iculum Committee's r ecommen­ cess to the Law School Curriculum. were hounding him because of his regarding administration and dation was lengthy and spirited. When all was said and done the famous last name. They couldn't be operation of the clinic. · Proponents of the proposal cited faculty voted nearly 2-1 to approve the thinking about a measly $17,500 scam, While details of the program are not several reasons for allowing establish­ could they? yet finalized, it is believed that the ment of the clinic, including t he Committee r eport. However, it must be Speaking of famous last names, Billy program would be similar to NWF­ minimal cost to the Law School and the noted that only approximately 20 Carter paid off $1,000 on a loan from his sponsored programs at Oregon State opportunity for students to work inten­ ra·culty members were present at the good friends in Libya. Only $219,000 University a nd the University of sively in the environmental area. Also meeting, and before any program is plus interest to go. Colorado. At Oregon State students influencing some of the proponents, ac­ formally instituted it must be approved Speaking of money, Frank Sinatra once again by faculty vote. receive course credit for conducting cording to Student-Faculty Repr~en- (also hounded because of his last name) said to a member of the Nevada Gaming Control Board, " If you could find me an attache case that can carry Senate Debates Conflicts Clause it, I'll give you 2 million dollars." I by Br ian McCann wonder if I can get in on that deal. An amendment the Law School proposed amendment reportedly was of the conflicts and over the method for On· February 11, Andrei Gromyko to prompted by the actions of Senate dealing with them. ·Some Senate mem­ sent a letter to Secretary of State Haig Student Senate Bylaws Constitution has been proposed which would urge any o embers Julie Hurwitz and Alicia cluding those of which the Senator is a (harassed for his connections to amendment itself poses a conflict w1th another famous last name) in which Senate member to abstain from Senate Sparkia, as welJ as by actions of certain the duty of a Senator lo represent the Andy explained that Poland's problems action if that member felt unable to ob­ members of last year's Senate. Hurwitz, the president of the National Lawyers interests of all constituent groups in­ were caused by the Voice of America. jectively participate in the resolution of _. Guild, a nd Sparkia, a supporter of La cluding those of which the Senator isa Those American capitalists probably a given issue. The proposed amend­ Raza, are thought to have placed, as member. aired some ads for N.O.W. accounts ment will be considered by the Student senators, an undue emphasis on the There has also been debate over the and Alka-Seltzer, and the labor unions Senate when it convenes next Monday concerns of these respective enforceability of the provision with decided that democracy was the only evening at 7:00 p.m. waytogo. · The sponsors of the amendm ent, organizations. some Senate members ques tioning the Steven Stankewicz, Sena te Trea surer, The procedure for amending the Con­ need for an amendment which is said to But the Poles won't have to learn a nd Portia Moore, Board of Governors stitution requires that the proposal be amount to only a policy statement. On Russian for a Jew more years unless Representa tive, maintain that the publicized around the law school for the other hand, some Senate members Brezhnev deviates from Russia's "12- amendment is a positive step toward two weeks prior to voting. Since the have indicated general support for the year" plan to conquer the world : remedying perceived conflicts of in­ amendment was posted, the discussion concep.t but have differed over the Hungary-1956; Czechoslovakia-1968; teres~ involving Student Senate .mem­ among Senate members has shown precise wording of the proposal which Afghanistan-1980. If my estimates a re bers. (See Pro and 5.) The there is both concern over the existence itself has corr ect and the Russians go west, they'll be in Europe by Christmas 2016. If they go south, through the Middle ' East, a nd then west, BilJy ,Carter had Faculty To better pick up some rubles to pay off his loan. Vote on This next story did not appear in the "'lew York Times. nevertheless it is pain­ :uiJy true. A certain bank manager had R. G·. Access me fill out a form with 4 carbon copies. by Matthew Kiefer He stamped all five (including the The Law School faculty will vote at its original), tore off the top one for his r egular meeting this Friday o!1 whether files, the bottom one for the trash, and or not to allow an R.G. reporter access .1anded me the r emaining three. The to the open portion of faculty meetings. teller then stamped all three and went Those meetings are now open, on a through the same procedure befor e r egular basis, to three student Faculty transferring the fu nds. I then com­ Committee representatives whose fun­ plained to the manager. " This is ction is to report on faculty actions to ridiculous," I said, "why use five forms the L.S.S.S. However, this access is and throw out two? Why not just use limited to agenda items which eire three?" He though t for a second and discussed in open session. The students answered, " what would I do with the are required to leave when the meeting other two?" goes into executive session; which is FinaUy, my seven-year-old b_rother, automatic for budgetary and personnel who hopes one day to become a prophet, matters, and optional (at the request of once t9ld me that when the lawyers any faculty member) at any other time. make peace in the world God will help The R.G. requested access to the us solve all our other problems. So let's open portion of these meetings la~t get busy. month, prompted by the desire to fully report the faculty's consideration of the The author is a first-year student and Samuel Fall flyback plan. Dean Sandalow in­ Johnson devotee who swears thor all of rhe vited the paper to send one r eporter to above tales are obsolurely true. the meeting at which the pla n was Entrance to Faculty Lounge in basement of Legal Research, where SeeR. G. Access, page 2 faculty meel.Djt~ are heJd. R.O. Photo by Paul Enp1rom R.s Grs1ar March II, 1981 Pagc2

.Law in the Raw Compiled by Matthew Kiefer Biblical Justice Book ofL ove former justice reported. " It was almost like a drug A small-circulation bilingual Texas newspaper bust." His crime? Jaywalking. Oklahoma Stale Rep. Frank Shurden was -National Law Journal, February 23, 1981 irritated when a convicted kidnapper and double has been served with a temporary restraining order murderer on death row challenged the state's use of against publishing the contents of a "black book" Woodford County, Illinois Circuit Judge Samuel poison to carry out a death sentence as cruel and containing an annotated list of the customers of a G. Harrod has resigned i.n the face of charges, that local unusual punishment. In fact; he was so irritated bordello. The list reportedly includes many he harassed members of the court's commission by that he introduced a bill providing a convicted mur­ prominent lawyers, politicians, businessmen, and sending them phony magazine and book subscrip­ judges. derer sentenced to death with the option of being tions. -Legal Times of Washington, February 16, 1981 "executed in the same manner as the convict inflic­ -Student Lawyer, February, /981 ted upon the murder victim." Unfortunately, the Law students working as summer associates at bill may suffer the same fate as one of the Hiring Thaw? A special interagency personnel group is planning New York's Skadden, Arps, Slate, Meagher & legislator's earlier proposals, which died in com­ Flom this summer won 't have to worry too much mittee. That measure would have provided for a concerted appeal to the Office of Management and Budget to exempt 600 recent and soon-to-be law about that city's notoriously high cost of living. castration of rapists on their third conviction. They will reportedly be making $800 per week. ' -National Law Journal, March 2, 1981 school graduates from the Reagan Administration's federal hiring freeze. One of the committee's American Lawyer. March 1981 strongest arguments is that the freeze will only The high-profile Washington litigation firm of Room at the Top cause government agencies to Jose the best can­ Howrey & Simon has fired a secretary who bas The Harvard Law Review has voted to implement didates gleaned through law school recruitment, worked for the firm for four years, because she an affirmative action plan caJJing for the creation of forcing them to hire later in the year from a pool of allegedly stole some mint tea bags from the offi~e a special committee with power to fill up to eight Jess-qualified applicants. cafeteria. spots on the Law Review_staff with stude?ts sel.ec­ -Legal Times of Washingt'on, Febmary 16, 1981 -Legal Times of Washington, March 2, 1981 ted according to a number of factors, mcludmg race and gender. This follows the Review's rejec­ Briefs Quote of the Week tion of an earlier proposal to reserve four slots Retired Colorado Supreme Court Justice Edward excluxively for minority students, based on class Day was apprehended last January 29th by Denver "Making laws is like a love affair; if it's easy, it's rank. Police, as he was leaving the Colorado Judicial sleazy."-Rev. Gerald Mann, in an opening prayer -National Law Jci'urnal, March 9, 1981 Building. "Five cars swooped down on me," the in the Texas Senate.

Two days before the second meeting, to accept the Dean's proposed con­ held on February 20th, Dean Sandalow dition, because it was felt to be an un­ R. G. Access, informed the paper that he intended to warranted restraint on reportorial ac­ propose to the faculty that they allow curacy and editorial freedom. Because from page 1 access to the paper only if the R.G.'s the February 20th faculty meeting was published s tories did not attribute discussed, subject to the approval of the expected to be sparsely attended, Dean quotes gleaned from faculty meetings Sandalow apnounced his intention to faculty. At that meeting, held last ANN ARBOR'S to their sources. This proposal was again postpone consideration of the February 6th, the faculty acted to allow designed to allay faculty reservations question until the next faculty meeting our reporter access to the remainder of about the possible "chilling effect" of on March 11th, and denied the R.G.'s the meeting to report on the flyback the presence of an R.G . reporter on request to place it on the agenda for the LONGEST plan, but decided to postpone con­ open faculty discussion. sideration of regular access until the February 20th meeting, as originally Following discussion by the R.G.'s planned. next meeting. Editorial Board, the paper decided not Thus at this Friday's meeting, the tWJ~Y faculty must decide whether to allow HOUR unconditional access (i.e., with freedom to attribute quotes to their --- ·--- MANAGING MICHIGAN'S sources), or none at all. In preparation OLDEST PIZZERIA for the vote, the R.G. has distributed a ---·--- LANDS: A SYMPOSIUM letter to the faculty expressing the Finest Pasta Dishes paper's reasons for rejecting the Open for Lunch Dean's conditional access proposal. Dinners until tOO A.M . and urging the faculty to grant full ac· cess. (This letter is printed verbatim on page 4 of this issue.> Cottage Panel Discussion on Use of Public Lands INN Thursday March 19 2:00 Lawyers Club Lounge Panel Members: - Howard Tanner ~dog~ Director, Michigan Department of Natural Resources ~\.e• FOR fl/il~ -Thomas Washington Executive Director, Michigan United Conservation Club ·-g .$2.65 ~ -Richard Burgess :) . ""'. Director, Michigan Oil and Gas Association ___SANDWICHES ., __ _ - Ken Sikkema . Executive Director, West Michigan Environmental PIZZA Action Council

M~derator: - Joseph Sax Professor, Univ, ersity of Michigan Law School Selected Topics Include: - Future oil tlevelooment on state lands and in the Great Lakes - Recreational conflicts on state lands and waters - DNR management policies Presented by: gold bon.d -Environmental Law Society 763-2176 - L.S.S.S. Speak!!rS Committee 665-0018 ~ ,~ ~ r .)r )A_~,i f ~ ~ ~ ) I ~(\ - M.S.A. 763-3242 . dow n garments ·I eat he• cleaning· ' . water proofing · free mrnor repairs ·

332 maynard at the tower plaza 668-6335 R.- (,t'\Cac- M arch II, 1981 - Paa<) 'NOTICES :·:::·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Chav~ or ca ll 665-4953. has participated in the In'ter American Notices Policy Committee on Human Rights. LSSS Election. Rules LAW REVUE- the talent show will be Law School Student Senate elections The Res Gestae welcomes notices con­ held on March 28. If you are interested LAWYERS CLUB ROOM SELEC­ for the 1981-1982 term will be held on cerning law school organiza tions and in performing, please leave your name, TION WILL BEGIN Mond!!Y· March Thursday, March 26. The following of· events. Notices should be double-space your phone number and a description of 23, 1981. Procedures will be placed in fices are up for election: P resident, typed, should when applicable identify what you would like to do in the "Law each resident's mailbox and posted at Vice President, Secretary, a nd the sponsoring organization, and must Revue" envelope outside the LSSS of­ visible locations in the Lawyers Club Treasurer two junior (second-year) be submitted by Monday at tO am to ap­ fi ce or call Warren Goldberg at 995-3144 and Hutchins Hall. Further information and two senior (third­ pear in that Wednesday's issue. They before March 20. is obtainable 10:00 am-4:00 pm at the represen~tives, may be dropped orr in the Drop Box Law Club main desk. year ) representatives, all with terms of one year; and one additional junior rep. next to the Senate Office (opposite NLG Prison Project needs volunteers to Students who do not currently reside Room 21 8 Hutchins Hall) , or at lhe in the Law Club may make application who will sit on the Board of Governors brief approximately one criminal law for a two year term. R. G. Offi ce in Room 202 Lawyer's Club case per week for the Prison La w for the 1981-82 academic year by filling (above the kitchen>. out an application. Applications are Prospective candidates must submit Mon itor . a monthly nonprofit. a nominating petition (available out­ :::::;:;:;:::::::::;:;:;:::::::::::::::::::::::;:;:;:;:;:;:;:;:;:;:;::::::::::::::::::::::::::::::::: available at the Law Club main desk publication that gathers and reports in­ side the Senate Offi ce across from formation and materia ls to people and must be returned by March 25, 1981. Room 218) by Tuesday, March 17 at TUNE IN-TURN ON- DROP BY the working to enfo rce and develop 5: 00p.m. Along with this peti tion, can­ prisoners' rights. PLM will give 'volun­ Lawyer 's Club Lounge on Saturday, didates should pick up an information March 21 for the Social Committee's teers publication credit for their con­ D.C. BAR-all students interested in sheet {also available outside the Senate wi ld, fantastic flower power ex­ tributions. For more information preparing for the D.C. Bar in Ann Arbor Office) which details rules for travaganza! This will be a strictly Six­ please call or come by the NLG office, this summer please leave your name eligibility, campaign conduct, 763-2300, or call Jody at 995.0264. ties party, so get your Nehru jacket and phone number on the sign-up sheet nomination requirements and cleaned and pressed! Endorsed by in the P lacement Offi ce as soon as procedure, and other matters of vital possible, so that arrangements can be concern to prospective candidates. J imi Hendrix, Janis Joplin, and J im NLG and LA RAZA WILL BE SPON­ made with BAR/ BRI to get tapes of the Please read this sheet carefully, as Morrison. SORING A LECTURE AND SLIDE lectures. violations of the election rules set out SHOW BY Robert Hillard on " El TEREO C H AIR:\11\~ - Applications there may result in disqualification. Salvador : Another Vietnam in the -are now being taken to fill this impor­

STUDENTS FACULTY STAFF Individuals or Groups I Domestic or International MAJO R CREDIT CARDS HONORED 1313 SOUTH UN IVERSITY " we con ar range ;ob int.er view flight for you" Special HO TEL S • CAR RENTALS • CRUISES ... Y2 lb. Homba urger Stea k ..... Potatoes, Toa st & Jelly CALL "Satisfying Your Full Trove! Needs with Friend ly Personalized Service" :;; $3.15 ·Convenient t.P.cQ!ion: 601 E. William HOU RS:Mon· Th ur 8·5 665-6122 (CO RNER E. WILLIAM & MA YI'~AR D) ANN ARBOR Fri·Sot 8·7 Sun 9-7 The Umvcrsity of Michigan La" School RG Letter to Profs Mauhew Kiefer Cub Schwartz The following letter has been distributed thorough, and responsible coverage of law Editor-in-Chief Associate Editor to the faculty in preparation for this school events. We feel we have demonstrated that we can be trusted to extend this fair and Brian McCann Bob Ling Phil Dutt Friday's vote on whether to allow the R. G. full access to faculty meetings. For responsible coverage to your meetings if given News Opinion Sports an account of the background of the fac- full access to them. In this regard, we -are J on Kunzman Kyle Lanham Jamie Bischoff ulty vote, see page I. , completely willing to g1ve facul ty members Arts Business Manager Copy whom we intend to quote the chance to verify the accuracy of statements attributed to them Paul Engstrom Photography To the Faculty: before we go to press, in order to guard again­ Dean Sandalow has proposed that you vote st unintentional errors. tht;. RH Cl'stat as pubhsh~ every W~nesday during the school year. to allow a Res Gestae reporter to attend the In our conversations with the Dean, he has Opinions exprt'5Sed tn stgn~ articles are solely those of the a uthors. open portion of your meetings only if the Arttcles may be repnnted Without perm1ssion. provided the author and said that his proposal to restrict our coverage this ne"sp;~per are both cred1ted Maihng Addrt'5S: University of paper refrains, in its published stories, from stems from two related concerns: that the full Michigan Law School. Ann Arbor Ml 48109 Office: Room 202, Lawyer's attributing statements by faculty members to coverage we request might inhibit individual Club. Phone : 1313) 764-9408 their speakers. However, we feel that the in­ faculty members from expressing unpopular terests advanced by our presence can only be positions if they knew that students could be advanced effectively if our reporting is not made aware of their source; and that the subject to any such editorial constraints. present informal nature of faculty meetings Therefore, we ask you to vote to allow us ac­ might be jeopardized as a result. In response, Bylaw Change cess to your meetings free from this proposed we would like to point out that we cannot Cor­ condition. see quoting anyone unless he or she has said As we see it, our presence at your meetings something important to the resolution of an serves one basic function : to open lines of issue of particular concern to students. Is Misguided communication between students and faculty And, this being the case, we believe it is dif­ by informing students, in a fa ir and accurate ficult for the faculty to argue in good faith way, of the substance of faculty discussions that the source of such statements should not We are strongly opposed to the 'conflict of in­ on matters of concern to students. We feel it is see the light of day. Certainly, students have terest' provision that the Student Senate is con­ essential to our carrying out this function that the right to complete information about the sidering as an amendment to its Constitution. we not be forced to report only on speech in dynamics of a decision-making process that Quite frankly, we would be the abstract, disembodied from its source. affects them directly. Presumably, this is the embarrassed if it The identity of the speaker forms an in­ reason that L.S.S.S. representatives are passed. tegral part of the speech. Faculty members allowed to be present now. They are not for· are distinct individuals, not interchangeable bidden from attributing statements when We fundamentally agree with those who point mouthpieces. An accurate account of actions they report back to the Student Senate, and out the absurdity of a conflict of interest rule in a taken at their meetings surely includes such we do not feel we should be either. legislative body which is designed specifically to information as, for example, who was most Furthermore, we do not see how our full select among competing ideas and proposals. vocal in support of or in opposition to the ac­ coverage of your meetings will diminish their But we are more distressed by the serious im­ tion taken, just as an accurate account of a informality. If anything, we would hope it student Senate meeting would. We believe would do the opposite, by facilitating a more pact this amendment would have on minority that law students have sufficient intelligence open and healthy exchange of ideas between viewpoints in the Senate. Despite assertions to and maturity to be entitled to such complete faculty and students, thus fostering a the contrary' it would be used as atool to silence information about faculty actions that poten­ stronger sense of community. Surely, this Senators who have pushed for greater tially affect them. would ultimately benefit all concerned. We at th~ Res Gestae have worked very Matthew Kiefer, Editor-in-Chief recognition and funding of student organizations hard this year to provide a balanced, and the causes they represent. Cub Schwartz, Associate Editor

The amendment would require "objective" discussion and voting from Senators. Unfor- LETTERS tunately, minority interests and viewpoints will ~Wa%willi~inas~ri~ . ' o~~tive'enviroo-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~­ ment. The civil rights movement was not the attendance would work for product of an objective reflection on the rights awhile. It would be in­ and responsibilities owed to blacks. People who Manipulate Retooling teresting to see how this affects cared deeply led the battle. In the-same way, the law school's reputation BALSA, WLSA, NLG and other minority interest Dear Editor, Dear R.G., among prospective appli­ groups need interested unobjective Senators to cants. l And it sure is cheaper I believe that J on Kurtzman Thank God we made our will than lowering class size or ex· plead their cause. Remember, their proposals perimenting with different is poorly informed about known on the question of still require a majority of votes for passage. If techniQues of instruction. human sexuality. In his recent flyback week. It would not the Senate disagrees with minority causes it can article " I Hate Soaps" Mr. remedy absenteeism. People The fact is that those vote them down. But it should not silence their Kurtzman describes these choose not to attend class professors, J. J. White and Ed proponents. daily dramas as follows: because so many classes are Cooper among others, who "they're just a perennial wet painfully dull, and attendance have mastered the traditional We cannot help but wonder how American dream, a lot of manipulation is often dispensable in the law school teaching history would be changed if Congress operated without climax." Mr. Kurtz­ single-minded pursuit of a method-apparently with under the same restraint. How long would the man has misrepresented this sterling grade point. It's that hard work and some measure form of seminal ejaculation ; a simple. of talent-can still pack 'em in Civil Rights Act have been delayed if unobjective wet dream is an example of It amazes me that absen­ and hold 'em at any hour of the Congressmen and Senators had not pushed it climax without manipulation. teeism isn't worse, but Jaw day. It's the market system at through in 1964? How long would United States Perhaps he is thinking of school does seem to attract work, baby, and if you're not involvement in Vietnam have been prolonged if foreplay or masturbation rather well-socialized boys competing effectively for our self-interested Senators like George McGovern without orgasm. It is difficult and girls. Given this fact, limited time maybe you to determine from the content there is little doubt that Prof. should retool. We pay you. and Eugene McCarthy had not raised the issue? of his article. I trust that your Martin's ridiculous and coer­ fine publication will correct cive tactics for enforcing class Steve Zaris The Senate needs members like Julie Hurwitz this error. and Alisa Sparkia to push organizational in­ terests which are, by their very nature, minority Respectfully, The Res Gestae welcomes comment from our readers. Robert I. Sutton To be printed, articles must be signed. although requests interests. Otherwise it can expect its agenda to for anonymity will be considered. We reserve the right to resemble a fraternity meeting with items like: edit for length and clarity. Submissions should be double­ How many bottles of Seagrams should we buy for space typed, and may be dropped orr in the Drop Box the cocktail party? and How much money should Editor's note: Mr. Kurtzman, who next to the Senate Office (opposite Room 218 Hutchins only reached puberty last week, Hall ), or at the R.G. Office in Room 202 Lawyer's Club we give the IM football team for jerseys? concedes the error and wishes to express his gratitude to Mr. Sutton . The deadline for each Wednesday's issue is the preceding Sunday at 6:00p.m. The amendment should be rejected. for correcting i:. ~~lt.i~w.~:wlli-~:=mR<:ml!ml!OOi\W::W.iW.::s~~l~m=~;:~'\iw.~~®::~m:~~~:::=~=;;.~:.w:m~;:m.:t:~~~~m R<"> Ge>La<- \lar and a standing commit­ a direct and individual effect on them­ selves, necessary ¥J vote at that meeting it is likely to be presented to the student tee. The latter limitation is obviously body for approval. Since student sentiment will have a great impact on necessary if one considers, e.g., the 2. The feeling among student groups president's or treasurer's control over that the only way to protect their in­ whatever forum eventually settles the mauer, the Res Gestae presents expenditures and the large amounts of terests is to have a spokesperson on the this exchange of views to better acquaint the student body with the issues money spent by the Sports Committee, Senate, and involved. The full text of the proposed amendment appears immediately Social Committee, or the Res Gestae; 3. The tendency of Senate members to forget their broad-based constituency below. I believe this amendment supports and to foeus their attention on narrow, "All members of the Law School Student Senate are elected to rep­ the very nature of the law school parochial considerations. resent their individual classes or the swdent body as a whole. Whiie student government. The Student The three practices are interrelated members have the right to express their personal opinions on any issue Senate derives its powers and duties and have escalated in a geometric before the Senate, they also have the obligation to represent as fairly as from the student body as a whole, progression. The sponsors of this " m'anifested by the ratification of this amendment believe that it is necessary possible their student constituencies. Any member of LSSS who because Bylaw Constitution," (Section 3.1). The to achieve the constitutional goals. of a conflict of interest feels unable to objectively participate in the Bylaw Constitution specifies that the In particular, I feel that the amend­ resolution of a given issue is urged to disqualify themself." Senate shall provide " representation" ment will have the following ::::::::::::::=:~~.t.:=:=ll=:~~;:.;:.~;:.;:: for the entire student body. This form of tributes: in the judicial mindset to realize all the who didn't care one way or another student government is to be 1. Senate members will be reminded world is not a court. Legislative bodies could vote on an issue. distinguished from a coalition-type that conflicts of interest may arise and are by their nature political. They do The real motivation for this amen­ government. Under a coalition student that members should act to represent not even pretend to be guided by some dment is not a genuine concern for con­ government, the Senate would be com­ as fairly as possible all of their student absolute objective truth. Views are met of interest, but rather a shoddy at­ posed of representataives of various af­ constituencies. presented, policy is debated, com- tempt to shut up anyone who doesn 't filiated organizations. The purpose of 2. Student groups believes it should But the Bylaw Constitution 3. Student groups and students will school student body is a diverse group. prevent Alisa Sparkia from speaking established a representative studeni seek out any or all Senate mem,bers to There is not one opinion held by the fo r· La Raza merely because she dates a government composed of represen­ advance a particular viewpoint. group "as a whole." Student attitudes member of the organization. And yet he tatives elected by individual members 4. The amendment is not enforceable feels he could vote on matters affecting (it has no enforcement provision- it is Social Committee and Sports Commit­ in the form of a moral imperative direc­ tee, both of which he has actively par­ ted to the individual member). ticipated in. Who wants who to be objec­ 5. The amendment does not define "a tive? conflict of interest" or "objectively Many people feel uncomfortable participate"-this is lefl to the in­ listemng to opposing viewpoints, par­ dividual member. ticularly when they are expressed 6. The amendment will not "stifle" strongly and with conviction. Some minorities; on the contrary, it is Senate members would never jeopar­ designed to make all Senate members dize their popularity or effectiveness by open to all minority views, not merely standing up for an unpopular cause. to those that happen to be espoused by Others believe that any status gained Senators. by denying their beliefs is not worth 7. The overriding effect will be to make having. The proposed amendment is the Senate more representative by unfortunately directed against this lat­ making individual members more ter group. responsive to their student constituen­ We simply ask that all views have a Stankewicz cies. Chafin chance to be presented. If a majority of of the student body. It also provides for ln summary, the amendment is in­ and philosophies vary enormously. It the Senate disagrees with a proposal, it a referendum procedure so that in­ tended to clarify and to reiterate that should come as no surprise that elected will be voted down. That is the way a dividual students can directly express the purpose of the Law School Student Senate members also vary in perspec- legislative body operates. There is no the.ir opinions. (Article t2.) Thus, the Senate is to represent law students, not tive. These different philosophies were such thing as a legislative computer Bylaw Constitution itself recognizes law school organizations. Since the apparent from candidate's statements where neutral data is fed in and an ob­ amendment does not contain any en­ that the Senate is to represent students in the RG before the elections. jective answer is spit out. Even law forcement procedures, it can not be used and not student organizations. The Senate decides among competing students don't operate in such a sterile Article 2 of the Bylaw Constitution to " stifle dissent." What it will do is ideas and opinions. How is having one environment. provides additional directives on this emphasize to members of the Senate of several views a conflict of interest? The only positive aspect of the topic. Two sections in particular sup­ that their obligations as Senators are to The original version of the amendment proposed amendment is its lack of en­ port an amendment limiting conflicts of the students they represent. not to the keyed " conflict of interest" to af- forcement mechanism. A constitutional interest. Sections 2.3 and 2.5 provide organizations that they personally sup­ filiation or participation with a law provision against free expression of guidelines for Senate members who are port. school organization. Any person in an ideas, however, is offensive in any charged with representing student body organization could not introduce, vote, strength or form. members. Section 2.3 sets forth the The author, the Treasurer of the Low School or even discuss matters concerning ' ------following objective: " Administration of Student Senate, is one of the sponsors of the, that group. Organizations at the law The author ts a Secon.d Year Representative [revenue) so as to provide a balanced proposed amendment. school predominantly represent special on the Senate. R